People Against Sidewalk Sanctions (P.A.S.S.) in Lawrence, Kansas is a petition in opposition to the Chapter 16 of the Lawrence, KS City Code. This Code requires the property owner of record immediately adjacent to a PUBLIC sidewalk to maintain and repair at the property owner's expense.
For example, the attached photo shows that the sidewalk adjacent to my property has a 1/2" deflection and therefore, I am in violation of the Chapter 16 of the City Code. This is absolutely ridiculous as the ground can fluctuate 1/2" due to environmental conditions such as rain, drought and temperature.
I am hearing from some people, that the city is proposing (or has proposed) that all residential areas will have sidewalks on both sides of the road. So this could potentially affect every residential property owner.
Reasons Public Sidewalks are City Responsibility:
- On City property (city easement).
- Public sidewalks are a part of City infrastructure (most cases, sidewalks are on top of storm sewers, sanitary sewers, water, gas, electric, phone, fiber, cable or other City infrastructure that is maintained by the City or utility companies) If the ground below the sidewalk is City infrastructure, how is the sidewalk directly above it not?
- Public use NOT private.
- No say in whether or not a sidewalk could be put adjacent to private property.
- Private property owner cannot remove or alter.
- ADA Regulations apply to public streets and sidewalks, it does not apply to private property and therefore it is a public sidewalk and City responsibility.
- City maintains the ADA ramps leading to the sidewalk, storm sewers and City trees that damage the sidewalk, how can the City determine that the adjacent sections of sidewalk is not also their responsibility?
- In effect, it is a “double taxation” for private property owners who have pay to repair City sidewalks adjacent to their property. And the City is putting aside money (over $1.8M over the next 3 years) from my property taxes to subsidize individuals who can’t pay for “their” sidewalk repairs.
- If private property owners are charged with maintenance of adjacent public sidewalks, then no one would want sidewalks adjacent to their properties.
- Liability is limited and spread out between the City and Utility Companies.
- City Attorney was asked how many times the city has been sued for injuries on any of the public sidewalks or streets… His answer was, in his recollection of the past 30 years, none. The Bob Fredrick accident where he died hitting a pothole was due to be the fault of Black Hills Energy.
Current Shoddy Repair:
- No gravel base (necessary for drainage in clay soils) and for a solid foundation.
- No compacting of the base and gravel.
- Not tying into the existing section with rebar.
- Not using rebar or wire mesh.
- Not efficient… Crews worked the “City’s” sidewalk on one section of sidewalk when there are 4 others in the same 2 block area they did not repair.
- 1 year warranty provided by City contractor is ridiculous.
- Not paying for frequent repairs of shoddy work. Quality work will last longer.
KS Statutes:
- KS Statute 12-1808 was passed in 1941. 3 of our KS Legislators didn’t know about it.
- KS Statute 15-1407 regarding the “Home Rule” was passed in 1913. Supersedes KS Statute 12-1808.
We also have a Facebook Group Discussion page:
https://www.facebook.com/groups/328906367763165/
I suggest everyone contact City of Lawrence Officials:
Craig Owens: [email protected]
Diane Stoddard: [email protected]
Casey Toomay: [email protected]
Lisa Larsen: [email protected]
Jennifer Ananda: [email protected]
Leslie Soden: [email protected]
Matthew Herbert: [email protected]
Stuart Boley: [email protected]
Charles Soules: [email protected]
Brandon McGuire: [email protected]
[email protected]
The City Office # is 785.832.3000
As this is a State of Kansas statute (12-1808), I also recommend you contact the Kansas legislators in repealing this statute.
The undersigned are in opposition to this City Code as we believe this is City (Public) property and not private property and therefore, should be maintained and repaired through our property taxes.
*You DO NOT need to donate. Disregard the "Donate" part. That is the iPetitions web site wanting money... NOT us. Just skip it once you sign the petition. Thanks.
Updates
April 9, 2019
The growth of this petition reached a threshold that warrants formal escalation. I am currently drafting a letter of inquiry to the City Attorney to request a legal review of Chapter 16. Meetings with local property rights advocates are being finalized to determine our next legislative strategy.
16 Comments
This is a tax without representation! Next will the homeowners near pot holes be required to pay for them to be fixed? The community uses these things. Our property taxes are ridiculously high. The city should pay.
Having recently moved from a property with no sidewalks to one that has 2 blocks worth, it’s very disturbing to find out I may be soley responsible for the repair of it. It has years worth of damage from - being old- but also the trees the City enforces to be there. I asked to NOT have a tree replaced and was told I don’t have a choice. I’m doing my best to enhance the corner. There must be a compromise. Estimates on replacement on my side walk is $10,000!!!
I fell last spring on the sidewalk in the 800 block of Mass.! My injuries were pretty serious,but I did not report it. As far as I know the sidewalk is still raised in that spot and there are many places like that in the downtown area! I have always thought the city should be responsible for all sidewalks. Isn't that why our taxes keep going up!!!!!
The criteria is inconsistent and arbitrary. I measured the deflection and none of mine is over a 1/2". Also they came back and added more after the initial inspection.
Gap of near or less of a 1/2 inch being required to be repaired is just ridiculous. The law should be changed to an inch and the CITY should pay. City requires the trees, the trees general cause this therefore it's the cities responsibility.
This is city responsibly not private owner. This is totally unfair!
The city was never even this good at fixing them. This is so stupid! I do not support this.
Sign Petition
We never post to your account. Social sign-in is used only to verify your signature.
Add a comment?
Your signature will be added via . Tell others why you're signing — it's optional.
By signing, you accept iPetitions Terms of Service and Privacy Policy.
Share Petition
Don't stop at signing, share the petition link with friends to multiply our impact
Copy link or share directly
People Against Sidewalk Sanctions (P.A.S.S.) in Lawrence, Kansas is a petition in opposition to the Chapter 16 of the Lawrence, KS City Code. This Code requires the property owner of record immediately adjacent to a PUBLIC sidewalk to maintain and repair at the property owner's expense.
For example, the attached photo shows that the sidewalk adjacent to my property has a 1/2" deflection and therefore, I am in violation of the Chapter 16 of the City Code. This is absolutely ridiculous as the ground can fluctuate 1/2" due to environmental conditions such as rain, drought and temperature.
I am hearing from some people, that the city is proposing (or has proposed) that all residential areas will have sidewalks on both sides of the road. So this could potentially affect every residential property owner.
Reasons Public Sidewalks are City Responsibility:
- On City property (city easement).
- Public sidewalks are a part of City infrastructure (most cases, sidewalks are on top of storm sewers, sanitary sewers, water, gas, electric, phone, fiber, cable or other City infrastructure that is maintained by the City or utility companies) If the ground below the sidewalk is City infrastructure, how is the sidewalk directly above it not?
- Public use NOT private.
- No say in whether or not a sidewalk could be put adjacent to private property.
- Private property owner cannot remove or alter.
- ADA Regulations apply to public streets and sidewalks, it does not apply to private property and therefore it is a public sidewalk and City responsibility.
- City maintains the ADA ramps leading to the sidewalk, storm sewers and City trees that damage the sidewalk, how can the City determine that the adjacent sections of sidewalk is not also their responsibility?
- In effect, it is a “double taxation” for private property owners who have pay to repair City sidewalks adjacent to their property. And the City is putting aside money (over $1.8M over the next 3 years) from my property taxes to subsidize individuals who can’t pay for “their” sidewalk repairs.
- If private property owners are charged with maintenance of adjacent public sidewalks, then no one would want sidewalks adjacent to their properties.
- Liability is limited and spread out between the City and Utility Companies.
- City Attorney was asked how many times the city has been sued for injuries on any of the public sidewalks or streets… His answer was, in his recollection of the past 30 years, none. The Bob Fredrick accident where he died hitting a pothole was due to be the fault of Black Hills Energy.
Current Shoddy Repair:
- No gravel base (necessary for drainage in clay soils) and for a solid foundation.
- No compacting of the base and gravel.
- Not tying into the existing section with rebar.
- Not using rebar or wire mesh.
- Not efficient… Crews worked the “City’s” sidewalk on one section of sidewalk when there are 4 others in the same 2 block area they did not repair.
- 1 year warranty provided by City contractor is ridiculous.
- Not paying for frequent repairs of shoddy work. Quality work will last longer.
KS Statutes:
- KS Statute 12-1808 was passed in 1941. 3 of our KS Legislators didn’t know about it.
- KS Statute 15-1407 regarding the “Home Rule” was passed in 1913. Supersedes KS Statute 12-1808.
We also have a Facebook Group Discussion page:
https://www.facebook.com/groups/328906367763165/
I suggest everyone contact City of Lawrence Officials:
Craig Owens: [email protected]
Diane Stoddard: [email protected]
Casey Toomay: [email protected]
Lisa Larsen: [email protected]
Jennifer Ananda: [email protected]
Leslie Soden: [email protected]
Matthew Herbert: [email protected]
Stuart Boley: [email protected]
Charles Soules: [email protected]
Brandon McGuire: [email protected]
[email protected]
The City Office # is 785.832.3000
As this is a State of Kansas statute (12-1808), I also recommend you contact the Kansas legislators in repealing this statute.
The undersigned are in opposition to this City Code as we believe this is City (Public) property and not private property and therefore, should be maintained and repaired through our property taxes.
*You DO NOT need to donate. Disregard the "Donate" part. That is the iPetitions web site wanting money... NOT us. Just skip it once you sign the petition. Thanks.
Updates
April 9, 2019
The growth of this petition reached a threshold that warrants formal escalation. I am currently drafting a letter of inquiry to the City Attorney to request a legal review of Chapter 16. Meetings with local property rights advocates are being finalized to determine our next legislative strategy.
16 Comments
Time for the City to not pass the whole buck and figure out was is feasible and fair for it's community. Don't try forcing rules just because money is tight. I can run a better budget than apparently a whole group of folks can. I do have a sidewalk across my front lawn.....but the whole community uses it. Let's have the community decide what is best!
This is a tax without representation! Next will the homeowners near pot holes be required to pay for them to be fixed? The community uses these things. Our property taxes are ridiculously high. The city should pay.
Having recently moved from a property with no sidewalks to one that has 2 blocks worth, it’s very disturbing to find out I may be soley responsible for the repair of it. It has years worth of damage from - being old- but also the trees the City enforces to be there. I asked to NOT have a tree replaced and was told I don’t have a choice. I’m doing my best to enhance the corner. There must be a compromise. Estimates on replacement on my side walk is $10,000!!!
I fell last spring on the sidewalk in the 800 block of Mass.! My injuries were pretty serious,but I did not report it. As far as I know the sidewalk is still raised in that spot and there are many places like that in the downtown area! I have always thought the city should be responsible for all sidewalks. Isn't that why our taxes keep going up!!!!!
The criteria is inconsistent and arbitrary. I measured the deflection and none of mine is over a 1/2". Also they came back and added more after the initial inspection.
Gap of near or less of a 1/2 inch being required to be repaired is just ridiculous. The law should be changed to an inch and the CITY should pay. City requires the trees, the trees general cause this therefore it's the cities responsibility.
This is city responsibly not private owner. This is totally unfair!
The city was never even this good at fixing them. This is so stupid! I do not support this.
Help this petition grow
Share it with friends to help reach 100 signatures.
Sign Petition
We never post to your account. Social sign-in is used only to verify your signature.
Add a comment?
Your signature will be added via .
Tell others why you're signing — it's optional.
Signing with Google or Facebook verifies your signature instantly — no email needed.
By signing, you accept iPetitions Terms of Service and Privacy Policy.
Share Petition
Don't stop at signing, share the petition link with friends to multiply our impact
Petitions like this
Other petitions you might want to support
Scan to share
Anyone who scans this can sign the petition.
Time for the City to not pass the whole buck and figure out was is feasible and fair for it's community. Don't try forcing rules just because money is tight. I can run a better budget than apparently a whole group of folks can. I do have a sidewalk across my front lawn.....but the whole community uses it. Let's have the community decide what is best!