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Council hears photo briefing on sidewalks; legal counsel says abutting owners responsible under current code
Summary
Councilmember Mike showed a photo tour of cracked and raised sidewalks and asked the council to make sidewalk maintenance a priority; city attorney said DuPont’s Municipal Code assigns repair responsibility to abutting property owners but that city‑owned sections and ADA ramps pose public‑liability concerns that need a study session to resolve.
Councilmember Mike presented a visual briefing documenting tripping hazards, ADA ramp defects and root‑lifted sidewalks across town and urged the council to adopt a sidewalk maintenance program.
"Under our current code, the abutting property owner has the unambiguous responsibility to repair and maintain sidewalks that are abutting their property," Gordon (city legal counsel) said, noting that the city nevertheless owns some sidewalk segments in the public right‑of‑way and that those create separate liability and enforcement questions. Councilors and staff discussed mitigation measures (high‑visibility paint, shaving, local repairs) as interim fixes and explored longer‑term funding options, including a dedicated levy modeled on other cities’ programs.
Staff confirmed the city retains some sidewalk equipment (a "sidewalk sucker" and small excavator) but that the sidewalk crew that previously executed residential repairs had been disbanded. Council members and staff agreed the practical next step is a study session where engineers and legal counsel present options: (1) a narrowly scoped program limited to city‑owned sidewalks, (2) an enforcement and assistance approach to abutting owners, or (3) a voter‑backed funding mechanism to shift maintenance responsibility to the city.
Next steps: staff will present funding and enforcement options, a short‑term mitigation plan for known ADA concerns, and an assessment of legal liability and code‑change implications in a study session; council agreed to keep sidewalk maintenance on the priorities list.
