New Haven Sidewalk Maintenance Program
Questions & Answers
Where does the City get the authority to govern sidewalks and curb and gutter?
Missouri State Law allows cities to assess the cost of street, sidewalk, curb and gutter and other improvements to adjacent property owners. The Board of Aldermen have passed ordinances, based on the state statutes, to establish rules and regulations for sidewalk and curb and gutter condemnation, repair and replacement. (Relevant sections of Missouri Law and City ordinances can be found in Chapter 88 of the Missouri Revised Statutes and Section 510 of the New Haven Municipal Code.)
What constitutes hazardous sidewalk and curb and gutter?
The criteria for determining hazardous sidewalk and curb and gutter are based on guidelines developed by the city’s insurance carrier, Missouri Intergovernmental Risk Management Association (MIRMA). The criteria have been adopted by ordinance and are found in Section 510.080 of the Municipal Code. (Criteria are listed on the following page.)
How does the process work?
The process the City intends to use includes the following: 1. City notifies property owners. 2. City seeks bids for Projects in the plan. 3. Public Hearing is held on the plan. 4. Bids for work are considered and contract is awarded 5. Ordinance authorizing work is approved. 6. Contractor completes work. 7. Board of Aldermen authorizes payment to contractor. 8. Property owners are billed for actual contract amount, minus the City 50 percent cost share on sidewalk.
Can I appeal the City’s action?
Yes. The Public Hearing scheduled for August 13 gives property owners an opportunity to ask questions and make comments before the Board of Aldermen. An ordinance to condemn sidewalk and curb sections and provide for their replacement will be presented at this meeting. Bids from contractors will also be considered at this meeting.
Why does the insurance company require cities to have a Sidewalk Maintenance Program?
There have been several lawsuits filed in Missouri by people claiming to be injured because of hazardous sidewalks. Cities have been held responsible for damages in many of these cases, even when the sidewalk is on private property.
Why does the City pay 50 percent on sidewalks but not on curb and gutter?
It is a long-established City policy (and ordinance) that property owners should pay for their own curb and gutter. Property owners have been assessed this cost in numerous street improvement projects for the past several years. Sidewalks are used by the general public and the Board has agreed to assume part of the cost of replacement.In addition to the 50 percent cost share on the contract amount, the City also provides for removal of bad concrete and backfill for the new construction. The City also sets grades for the work. The City in-kind contribution also significantly reduces the cost to property owners.
How is the cost assessed to property owners?
The Board of Aldermen will accept the lowest and best bid for the work. Once the work is completed, the City will make out a “special tax bill” to assess the cost to property owners. No interest is charged for the first 60 days. After 60 days, interest will be charged as provided by ordinance. (The rate can’t exceed the rate on the most recent auction of U. S. 10-year Treasury Notes, which in July was 4.5 percent.)
What happens if I can’t pay?
The unpaid amount will accrue interest, and a lien will be filed against the property for the unpaid amount.
Why is my sidewalk being replaced and not others?
All hazardous sidewalks have been identified and slated for replacement. The intent of the Sidewalk Maintenance Plan is to provide for the replacement of all hazardous sidewalks over a four-year period. The plan assigns priorities based on the location of the sidewalk and its usage. Projects identified in Year 1 are in failing condition and are on sidewalk routes that get a lot of use.
Can I take my sidewalk out?
No. City ordinance and policy does not allow for the removal of sidewalks. However, the Board of Aldermen have agreed to consider removal of a few sidewalk sections in town that don’t link to other sidewalks and are not part of a sidewalk route.
Criteria for determining hazardous sidewalk and curb and gutter (Section 510.080, New Haven Municipal Code)
A sidewalk and / or curb and gutter shall be deemed ‘hazardous’ and in need of repair and/or replacement under the following conditions:
1. A 1-inch or greater rise between sidewalk and/or curbing sections, either across the whole section or on the ends between sections.
2. A 1-inch or greater depression in the sidewalk and/or curbing, which can be a section that is crushed.
3. Sections that have been raised or depressed greater than 1 inch against the established grade of the street, back of curb or sidewalk, which most times have been caused by expansion, contraction or settling of the concrete.
4. Missing sections of sidewalks and/or curbing, greater than 2 inches wide and 2 inches in length, with a depth of 1-inch or greater.
5. Spoiled sections of sidewalk and/or curbing, which provide a very irregular texture, or which has created deep ruts or spoil areas that are ½ inch or greater.
Where can I get more information?
A copy of the Sidewalk Maintenance Plan is available at City Hall and also can be viewed on the city website,