City leaders are divided on the question of whether the responsibility for repairing sidewalks belongs to the property owner or the city.
Mayor Diane Delaware said the city’s ordinances state that sidewalk repairs must be made by the property owners at their expense.
“Our ordinances indicate that sidewalks are to be cared for by citizens,” she said, during the Board of Mayor and Aldermen meeting. “Sidewalks are to be repaired by citizens, not the city of Yazoo City.”
Delaware is referring to Section 18-34 of the city ordinance that states “it shall be the duty of all owners of lots or pieces of ground fronting or abutting on any street, alley or line of railroad in the city, to construct, lay and relay, or repair the sidewalks or pavements in front of such lots or pieces of ground, whenever notified by the city so to do, in the manner hereinafter directed.”
Delaware said the city has a lot of sidewalks, and it cannot repair any of them unless the city council changes the ordinance.
“I just wanted the aldermen to be aware that public works, from a day-to-day perspective, is not going to be repairing sidewalks,” Delaware said. “My job is to enforce the ordinances, day-to-day, that the city has placed.”
Delaware said she would like the board attorney to research the ordinance, but she is confident that she is right.
“But I have interpreted the ordinance, and I think I interpreted it very well; we do not repair sidewalks,” Delaware said. “It is very important that we understand that.”
But Ward 1 Alderman Ron Johnson said he believes repairing sidewalks is the city’s responsibility.
“Even if the water that runs off a city street undermines the sidewalk, the city is not responsible?” Johnson asked.
Johnson said there is a section of a sidewalk on Madison Street that has been heavily damaged from water running off the city street. He said that water is now entering the property of a citizen who lives in front of that particular piece of sidewalk.
“It’s her sidewalk,” Delaware said.
“Yeah, but (city) let the water runoff,” Johnson replied.
Alderman Dr. Jack Varner said an opinion from the attorney general’s office does place the city responsible in repairing sidewalks.
“You’re wrong,” Varner said, to Delaware. “If our water damages someone’s personal property, it is our obligation to stop it and repair the damage. That was the attorney general’s opinion.”
Delaware said she was simply stating what the city’s ordinance stated, and she didn’t want to into a discussion about the matter.
“As I said, and I said it as clear as day, that is the ordinance,” she said. “You are the legislative body. The legislative body can make a decision to do whatever it so wishes. I can’t make that decision and neither can one alderman.”
Delaware said if citizens call about a cracked sidewalk and request the city to repair it, she will stick to the city ordinance.
“I don’t have the authority to do that,” she said. “I am not the queen and nor should I be taking on such authority, and nor shall (public works).”
