Looking for advice on how to handle a 'code monkey' situation

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b-boy

b-boy

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I'm having an issue with my local building inspector. I'm hoping someone can give me some advice on how to handle the situation.

Here are the details:
  • A few months back I came home to find several sections of my sidewalk were tagged with a large 'R'.
  • A week later I got a letter indicating I was in violation of a local code because my sidewalk was cracked. I needed to make repairs within 60 days.
  • I called dozens of contractors and no one wanted to touch the job. Most said it was simply too small to deal with. Others told me to find someone working in the area and see if they would take on the job.
  • Since I couldn't get the work done in time I got a fine and had to pay $100. I went to the courthouse and paid the fine last week.
  • The next day I got another letter on my door with 2 citations. One to cover the original sidewalk issue and the other one for ignoring the original citation.
  • I have to appear in court again in 2 weeks to answer the violations. If I don't show up a warrant will be issued for my arrest.

I've been in my house for 20 years and the sidewalk has always been cracked. The cracks are pretty superficial, and I don't think they are a danger to anyone.

My house seems to have been targeted. Every house on my street has the same issues, but no one else was tagged. I took pictures of all the other sidewalk problems in my neighborhood that seem to have been ignored. Some are much worse that mine.

It's December and I'm not going to be able to get anything fixed anytime soon.

How should I handle this? What are my rights here?
 
I would just mix up some tile adhesive (mortor) from home depot and get out my putty knife and fill those cracks. Done. One bag costs about $20 and would be more than enough.

It's weird the sidewalk is not a city problem, but I would just do this to get them off your back and show your trying to do something.
 
Sounds like a money grab, can you confirm no one else has been tagged?
Take pictures of the neighbor's walks, who are the judges? take a picture of their walk, code monkey, chief of police and so on.
Why are you being targeted, did you piss in someones Wheaties?
 
How come the sidewalk isn't the city's issue? It is where I'm at so I just wondered.
 
What would I do? Get a lawyer and ruin the city's day, don't fix anything and be a prick on principle.

Better idea... fill the crack with some mortar/quick-rete and get it over with.. Find another way to thumb your nose at the city and move.
 
I had an abandoned house next to me for 3 years. As soon as the house sold, the city stuck the new owner with a pile of violations that the old owner ignored. I think I got pulled into this because the inspector happened to be there. I was an easy mark I guess. No one else's sidewalks were tagged. The new home owner had to remove a tree though. I did call the city frequently to complain about the abandoned house next door.

I agree that the sidewalks should be the city's problem, but that's not how it works here. Apparently the city owns them but I have to maintain them.
 
Yup, fill in those cracks, take pix before and after for proof. Also take pix of your neighbors sidewalks who weren't tagged, particularly those that look way, way worse. Have a variety of these, as a backup. Date everything. An unrelated witness signing would be great. It could become a weapon to slap back with, if this harassment continues.

I still wonder why you didn't contact the zoning officer who put the citation out in the first place to remediate the problem before the due date. During inclement weather or for other reasons you can get extensions. They can be a good resource as to how they like to see things fixed, and sometimes they'll spill the beans, the reason for the complaint, usually some disgruntled neighbor.

This is from someone who dug up his sidewalk by hand to replace the busted water line from the shut-off all the way in, 7 feet down. I got the building permit and my sidewalk was "under construction" for 2 months before it was all said and done in the middle of the winter. I even had to get the line inspected before filling it back in, so I asked that engineer how he would like it being done. Followed that to a T.

You're not running for office, are you?
 
Tear up the whole sidewalk. No sidewalk. No problem.

And, yeah, how is this not the city's responsibility to fix?

I'd get the code to see what constitutes a dangerously damaged sidewalk. Blemishes shouldn't count. Look at the paper work, like the deed, for your house. Whose responsibility the sidewalk is might be spelled out there. The city should also have something in writing saying whose it is, too.

Over here, the sidewalk is the city's job. Home owners cut the grass between the sidewalk and street. From the curb on is all city. My neighbor just had them repair that little gutter strip at the end of his driveway.

I'd investigate this. This is money. And what's to say later you don't get sued over the repair job if something happens?
 
b-boy said:
I don't think filling the cracks will be sufficient. They want them replaced.
Click to expand...

If they want you to pay to replace the entire section of sidewalk I would DEFINITELY get a lawyer involved, wouldn't hesitate for a second.
 
In many communities the sidewalks are to be maintained, and snow shoveled, by the respective home-owners. There are also easements for the utilities to dig into them.

The small city in Northeast PA I lived in owned the curbs, but not the walks themselves. Many walks were still old-day blacktop but if you were replacing them it had to be done with concrete ($$$). Imagine the blacktop patchwork that was abound. Glad I sold the place finally and moved far away. Now it had a great cellar...
 
b-boy said:
I don't think filling the cracks will be sufficient. They want them replaced.
Click to expand...

They literally trip over upheaved sidewalks, but cracks in the surface plane should be allowed to be fixed. It's all in the city code and ordinances. Ask them for the passages that spell it out.
 
I'd have to look into the laws there to be sure I was on the hook here before I paid another dime. It sounds like an all out ****ty situation.
 
I used to do concrete for a lot of years, and city sidewalks are to be maintained by the owner of the property. Any horizontal variance of more than one inch and it is a trip hazard.
You probably had someone walk down your section of sidewalk and stumble on a rise in the walk way and complained to the city.
Talk to the permit center at the city offices and they will tell you why you were targeted and what your options are to remedy the situation. Be courteous and polite. Don't get a lawyer involved its like the seen in Blazing Saddles "Don't shoot Mongo it'll only piss him off". Instead you can consult a lawyer but it's really a waste of money.
When I came over to bid one of the last sidewalks I replaced the homeowner went off on me like I was the devil. After talking them down they showed me pictures of sidewalks worse then theirs all over town. I talked to the city and they informed me someone had tripped on a section of sidewalk that was raised and uneven and had broken their arm (old lady was in her 80's)
If nobody complains they may not have said anything.
If your rise is about an inch or less either fill it with grout or grind the higher side.

Either way you won't win and will have to do it anyway. Plus you stand the chance of totally pissing the monkey off and they will find more violations
 
Agree with previous posters - in most all jurisdictions, the sidewalk is in the public right-of-way, but the burden of maintenance is on the owner.

I would ask for the exact sections of city ordinance that deal with the sidewalks -- some cities will have it spelled out exact. For example, the town I work in has it spelled out that any vertical differential of more than 1/2" is in violation. The town I grew up in has become very proactive about this in the last few years - every spring they pick a section of town, and walk the ENTIRE sidewalk, flagging any problem areas - and the landowner has basically the construction season to repair it.

In your case, before you go to court, I would try to write down each contractor you contacted and the date you did so. If you called them from your cell phone, a detailed billing report showing the number you called and the duration of the call (to prove you actually talked to someone at that number) would be HUGE. Show the court that you HAVE tried to remedy the situation, but have not been able to find a contractor willing to take on the job. (Frankly, the city should know that; picking up a small job like that this time of the year when everyone is trying to finish up the work they already had lined up is difficult at best)

Things I would do:
  • Photo document the tagged areas of your sidewalk. Place a ruler in the photograph for scale. If the violations are for vertical seperation, take a photo showing the height of your cracks.
  • Document every house on your side of the block in the same manner. (Remember, it's public right-of-way, you can photograph all you want.) Organize these photos on a sheet with the address of each house.
  • List every contractor you tried to hire to do the repair. Like I said, if you can get a copy of your phone log to prove dates and times, that would be better. Highlight contractor calls in the log.
  • Get a copy of the city ordinance, and find out what exactly they consider a repair.

Basically, you want to be able to show the court that you have been making a good faith effort to fix the problem. If you can get a contractor to put into writing that "job is too small" or "not enough time in remaining construction season to get into schedule", that would probably help you greatly. I would argue that unless they had a specific complaint about your property, why did the inspector tag your house, and not continue down the block?

I know in my hometown, the city will give the homeowner so long to fix the problems, and then a city crew will come in, do the repair, and charge the landowner. Is that an option in your case? If the problems are vertical separation, maybe a big batch of concrete patch troweled over the problem areas would be an acceptable solution until a permanent repair can be made. Or, finding someone to grind down the high side as was mentioned earlier (depending on your skill, this could possibly be achieved with a rented concrete saw).
 
Ask the city who the contractor is that they use for fixing sidewalks that are their responsibility. That contractor may be willing to do the work and at a better price. $70 or $80 per slab might not be too unusual.

You can likely go before a magistrate and get more time to complete the work. You will have to inquire with the courts on how to go about this process. There may also might get relief for hardship or other financial issues if you qualify.

If you decide to do it yourself, you may be looking at about 3/4 yard to a yard of concrete ... you may be able to construct the forms and get the concrete delivered. Alternately you might consider renting a 1 or 2 cubic foot cement mixer. (though a single 4ft by 5ft slab might be around 8 or so 80# lb bags! ... I'd be looking for delivery.)

Concrete Calculator ...
http://www.concretenetwork.com/concrete/howmuch/calculator.htm
 
How about putting "cold patch" it's an asphalt product that will fix the problem until you find a contractor. Or at be even permanently.
Some of these guys are just trying to flex their muscles, or you could have pissed off someone they know.
 
I have never in my life lived somewhere that the sidewalk was anyone but the property owner's responsibility. In most towns, the property owner is responsible for repair, maintenance, and replacement of the sidewalk if necessary. Oftentimes utility work will occur under the sidewalk and property owners get a new "free" sidewalk as the utility companies always replace what they remove.

I would be extremely surprised if they would allow caulking as sufficient repair. Generally you need to remove the square, level, and install a new one of sufficient depth. Contractors probably said the jobs was too small because you were having them do something other than removing the concrete square and installing a new one.

I think you are wasting your energy getting all up in arms about this. Sidewalk maintenance is a largely misunderstood part of City life. Replacing one square should be about $300.
 
progmac said:
I would be extremely surprised if they would allow caulking as sufficient repair. Generally you need to remove the square, level, and install a new one of sufficient depth. Contractors probably said the jobs was too small because you were having them do something other than removing the concrete square and installing a new one.

I think you are wasting your energy getting all up in arms about this. Sidewalk maintenance is a largely misunderstood part of City life. Replacing one square should be about $300.
Click to expand...

Nope. The job was too small because of the amount of concrete it would take. If I were replacing my driveway, I'd have no problem finding someone to do the work.

I'd be more than happy to get the work done, but I can't find anyone who wants to do the job. My concern is that I'm going to be railroaded and fined excessively because of this.

My complaint is the manner in which this was done. I can understand if the city did a sweep of the sidewalks and mine were tagged. This wasn't the case. I'm pretty sure I was tagged because my house sits next to a previously abandonded house and the inspector just happened to be there so he took it upon himself to mark my walkways.

Probably my biggest gripe in this matter is that I sat next to the empty house for three years. The house had dozens of violations that were never addressed by the city. We had rats, cats, broken fences, unmowed lawns, gutters falling off, and piles of garbage in the yard. The entire neighborhood called and complained on a regular basis. Nothing was ever done, but now my sidewalk is the biggest issue they have to deal with?

I also don't like the tone of the letters I've received. I'm made to feel like a common criminal because I have some 20 year-old cracks in my sidewalk. The letters keep mentioning that I'll be arrested if I don't comply. I pay my taxes and maintain my property.
 
b-boy said:
I also don't like the tone of the letters I've received. I'm made to feel like a common criminal because I have some 20 year-old cracks in my sidewalk. The letters keep mentioning that I'll be arrested if I don't comply. I pay my taxes and maintain my property.
Click to expand...
And you are clearly working hard to fix the problem. Sorry if I didn't fully understand the situation before posting. Good luck! It really doesn't do much good to target one house, because people choose their path based on the entirety of the sidewalk. I generally choose which side of the street to stroll my child on based on the condition of the sidewalk along the whole path.

I agree that they were probably next door and just happened to notice.
 
Look for a local handyman, remember, u may need permits, also forms, on ur way thru city hall, super glue everything in sight. Kidding, too many cameras!
 
I'd say this is kind of like getting a crappy boss at your job.
You just have to stick it out & follow the absurd rules unless you are willing to find a new place.

Life is a ***** sometimes. Sorry you have to deal with this. I'd be angry as well.
 
Have a HOA? Check the bylaws. they may maintain stuff like that for you. You may have luck looking for a concrete 'repair' type of service.

I know that people are required to keep the sidewalk clear in front of their house, but wasnt aware of the requirement for repairs. Best of luck b-boy. sucks when you get targeted like that.
 
No HOA. This is strictly my town. They have a reputation for being a little nuts.

The police here are out of control. They hand out tickets like they're sticks of gum.

My son was once escorted home by a police officer because he was in posession of an air-soft gun. He was 12 at the time. The gun was clear plastic with a bright orange cap on it. It shoots little orange plastic pellets. He and his buddies were in an abandoned lot shooting at pop cans and a squad car showed up, lights flashing. Scared the crap out of them.

All the kids were escorted home. I got a stern talking to about the situation. The officer told me the guns were illegal within the city limits. I found that to be a little odd, since I purchased it within the city limits.

The officer left. He returned about 15 minutes later to confiscate the air-soft gun. He said his sargeant told him to recover the weapon and have it destroyed.

This is the overall mentality where I live. It's great in that we have very low crime, but then you have to deal with stuff like this.
 
b-boy said:
No HOA. This is strictly the city. The city has a reputation for being a little nuts.

The police here are out of control. They hand out tickets like they're sticks of gum.

My son was once escorted home by a police officer because he was in posession of an air-soft gun. He was 12 at the time. The gun was clear plastic with a bright orange cap on it. It shoots little orange plastic pellets. He and his buddies were in an abandoned lot shooting at pop cans and a squad car showed up, lights flashing. Scared the crap out of them.

All the kids were escorted home. I got a stern talking to about the situation. The officer told me the guns were illegal within the city limits. I found that to be a little odd, since I purchased it within the city limits.

The officer left. He returned about 15 minutes later to confiscate the air-soft gun. He said his sargeant told him to recover the weapon and have it destroyed.

This is the overall mentality where I live. It's great in that we have very low crime, but then you have to deal with stuff like this.
Click to expand...
:off:

Hell no. He'd have had to show me where, in NY state law, an airsoft gun - which clearly is a toy - meets the definition of "weapon".

But I know NY state is also a lot bit screwy about BB guns. You can guarantee I'll never live there.
 
b-boy said:
No HOA. This is strictly my town. They have a reputation for being a little nuts.

The officer left. He returned about 15 minutes later to confiscate the air-soft gun. He said his sargeant told him to recover the weapon and have it destroyed.
Click to expand...

I'd be demanding to get a copy of a judge's order for the confiscation before allowing the officer back on the property.
 
ChuckO said:
I'd be demanding to get a copy of a judge's order for the confiscation before allowing the officer back on the property.
Click to expand...

while that sounds well within your rights & reasonable, it also sounds like a good way to get your arse kicked by a cop and then taken to jail in front of your kids.
 
Tell the code monkey where he can shove it. I know so many areas where the sidewalks are cracked and just had blacktop put over it. Maybe the highway department may know people that would do it since the code monkey isn't helping you?

And the cops in the good ole town have nothing better to do than harass people, especially kids and people of color. Only twice do I recall a good encounter with them.
 
:off:

A contractor I called about 2 weeks ago finally called me back yesterday. He said he could do the work. I left work this morning at 9:00 to meet him at my house for an estimate. He never showed up. I called him several times and he didn't pick up.

This drives me nuts! I can't tell you how many times this has happened to me. This is one of the reasons I usually do my own home projects.

Is this a normal thing for contractors to do? How do they stay in business?
 
@b-boy: I feel bad for you and your code issues. I hope you get them worked out. I would love to see the pic of your sidewalk that needs repair. Reading threads like this make me glad I live in the country.

Please keep the thread updated on your progress, I'd love to hear how this turns out for you.
 
I haven't read through all of the posts, but from what I did read you've gotten plenty of sound advice. In my experience with dealing with the man, it's usually best to just take the path of least resistance and make them go away. It's usually money or some box that needs checked and it usually comes around to covering their hind quarters or money.

The only other thing I would add is that if you find yourself taking the path of least resistance and you feel that you're truly not being treated fairly, don't call a lawyer, don't burn city hall down, just call your city council and ask for some help. Believe it or not, that is actually their job HAHA. Who knew?! I bet they didn't! Anyways, that's their purpose and I've found in my experience it helps a lot.

Hope you get it resolved without too much pain.
 
b-boy said:
:off:

A contractor I called about 2 weeks ago finally called me back yesterday. He said he could do the work. I left work this morning at 9:00 to meet him at my house for an estimate. He never showed up. I called him several times and he didn't pick up.

This drives me nuts! I can't tell you how many times this has happened to me. This is one of the reasons I usually do my own home projects.

Is this a normal thing for contractors to do? How do they stay in business?
Click to expand...

Yes, it is normal.
 
Ok - so it's 10:23AM. I spoke to the contractor from yesterday. He apologized for not showing up and told me he'd be here at 9:30 today. I'm still sitting here. I think I'm officially done with this guy. I'll just do the work myself.

I feel cheap and degraded and he didn't even buy me dinner. :D
 
b-boy said:
Nope. The job was too small because of the amount of concrete it would take. If I were replacing my driveway, I'd have no problem finding someone to do the work.

I'd be more than happy to get the work done, but I can't find anyone who wants to do the job. My concern is that I'm going to be railroaded and fined excessively because of this.
Click to expand...

Here in Baltimore the city 'helps' homeowners with this by just writing up the whole block to make sure there's a big enough job to get a contractor interested:
https://www.baltimorebrew.com/2014/...sted-sidewalk-brings-fines-for-a-whole-block/
 

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