Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Mailboxes topic
No spam. Unsubscribe anytime.
Independence offers indemnity permit for right‑of‑way mailboxes; owners given until July 1 to apply
Summary
After legal review, council approved a moratorium process allowing property owners to apply for a permit and sign an indemnity agreement to keep mailboxes in the public right‑of‑way; city sent 98 letters and 15 owners have already complied.
City staff told the council Feb. 9 that the city sent 98 letters to property owners concerning mailboxes sited in the public right‑of‑way and that 15 property owners have already taken steps to resolve the issue.
Staff explained a legal concern: if the city has notice of a potentially dangerous or non‑breakaway mailbox in public right‑of‑way and takes no action, the city could be exposed to liability. In consultation with the city attorney, staff proposed two paths: require removal or allow owners to sign a permit and indemnity agreement that holds the owner or their insurer responsible if the city is later sued because an owner’s mailbox remains in the right‑of‑way.
Council approved a moratorium period through July 1 during which owners can file for a permit and sign the indemnity agreement at no fee; staff emphasized the program is intended to document exceptions for mailboxes that are already safe or are constructed to break away on impact. Staff also said one site inspected earlier proved to have a breakaway installation and was logged into the system as compliant.
The mayor said the change follows the city attorney’s advice and is intended to protect the city while offering property owners an option to retain longstanding mailboxes with documented indemnification rather than immediate removal.
