Consent 1.M.
Regular City Council Meeting
- Meeting Date:
- 08/28/2017
- TITLE
- Second Reading of Ordinance Amending BMCC, Sec. 22-231 for Sidewalk Repairs
- PRESENTED BY:
- David Mumford
- Department:
- Public Works
Presentation:
No
PROBLEM/ISSUE STATEMENT
Billings, Montana City Code, Section 22-231, currently states, "Whenever the public convenience or safety requires any sidewalk, in case of injury or defect, to be repaired by the owner or his or her agent, the city shall, if the same is not immediately repaired by the owner or his or her agent after three (3) days’ notice, served upon such owner or agent, or if he or she is a nonresident, on the occupant, or if the lot is unoccupied, posted upon the lot close to the walk to be repaired, proceed to repair the same." Three (3) days' notice is not consistent with Montana state law and is also an unreasonable period to make a repair in most cases. City staff is recommending that the notice be changed to thirty (30) days notice to be consistent with state law and more reasonable. First reading and public hearing was held on August 14, 2017. The second reading was scheduled for this meeting.
ALTERNATIVES ANALYZED
City Council may:
- Approve the amendment change, or;
- Disapprove the amendment change. If the modification to the timeframe is not approved, the City code will be inconsistent with state law and will be an unreasonable requirement.
FINANCIAL IMPACT
The City will have no financial impact by approving this amendment.
RECOMMENDATION
Staff recommends that the City Council approve this ordinance amending BMCC, Section 22-231.