CLEVELAND — A citywide sidewalk repair program has some neighbors on Cleveland's West Side scratching their heads. Their sidewalks all had the same kind of damage after massive city-owned trees and their roots caused them to break up. Some people said they're being treated differently from others and want their money back.
“It was a step. It was an actual step,” said Christina Lopez while describing what her sidewalk looked like back in 2020 after massive tree roots pushed it up like so many others around her neighborhood.
She told us she and her neighbors had complained to the city for years about it.
“They says we can do it but we have a 50/50 program. So they said that's the only way they could do it,” said Lopez.
'IT WAS LIKE A LITTLE CAVE'
Through that program, the city pays half of the sidewalk repairs, while the homeowner pays the other half. She told us she paid $1,500.
“Baby skunks were coming out from underneath…(they were) living under the sidewalk because it was uplifted,” said Lopez. “It was like a little cave.”
Lopez told us that during the repairs of her sidewalk, she talked with one of the crew members.
“While they were working, a young man told me…he was working there, he says none of these trees should have been planted here,” said Lopez. “And if they fix the other sidewalks, you should ask for a reimbursement.”
Lopez’s neighbor, Marshall Prock, told us that his big tree had damaged his sidewalk badly.
“There was a couple ladies who lived down the street who tripped on the uneven concrete,” said Prock. “And I was afraid that somebody was going to get hurt out here.”
He said he paid $800 through the 50/50 program, and his sidewalk was fixed last year.
“How do you feel about you having to pay and they're not paying anything?” We asked him.
“I fell shafted,” he told us.
FREE REPAIRS AND WHAT CAN AND CAN'T BE DONE
Neighbors said just last week that the city had finished nearly 10 sidewalk repairs on their street, all for free.
Their councilwoman is Rebecca Maurer. She wouldn't go on camera but wrote us saying when the city repaves a street, which happened last year for Lopez’s neighborhood, the next year the city "makes basic repairs to the sidewalks at no cost to the resident."
She went on to write that if people are "in the process of using the 50/50 program when the road is selected for repaving…sidewalk repair will be done by the city if (citizens) wait. If somebody has already made a deposit but no work has been done, their money will be refunded. But the city does not refund for 50/50 work that was done in prior construction seasons."
Lopez said she feels treated unfairly.
“It was the same exact problem. So, why did I have to pay?… We need to fight for what is right,” said Lopez. “We can't sit back and take everything that they give to us.”
The city did not answer any questions on camera.
It sent a lengthy statement later in the afternoon, stating that, based on city ordinances and the provisions of the available programs, it is unable to give Lopez a refund and that it "gave her the best possible deal….”
We wanted to ask questions about those ordinances, the correlation between street repairs and sidewalk fixes, and why some citizens appear to have gotten lucky with their timing for total sidewalk bills. We also wanted to inquire about the backlog of tree removals in the city and other related matters, but we were not afforded that opportunity.
Here is the full statement from Councilwoman Rebecca Maurer:
“When a street is repaved, the city then comes in the next year to also makes basic repairs to the sidewalk at no cost to the resident. Anybody who is in the process of using the 50/50 program when the road is selected for repaving at the beginning of the construction season is told that the sidewalk repair will be done by the city if they wait. If somebody has already made a deposit but no work has been done, their money will be refunded. But the city does not refund for 50/50 work that was done in prior construction seasons.
As far as I have been informed by the Mayor’s administration, the 50/50 sidewalk repair at issue in this story was conducted in 2020, 4 years before Admiral was selected for repaving.
In addition, the work done included replacing the resident’s driveway apron, something the city would not have done as part of their own program and which the resident would have had to pay for separately if she’d been included in the post-repaving program.
I am happy to work with this resident and any others to sort out sidewalk issues and ensure that the rules are applied equally to everybody.
Here is the full statement from the city of Cleveland:
“First, it’s important to note that we are legally-bound to abide by the City’s Codified Ordinances. Those ordinances specifically state that property owners are responsible for repairing their sidewalks. However, that being said, the City does offer multiple assistance programs to help out our residents by taking on some of the financial burden – and that is EXACTLY what we did for Ms. Lopez back in 2020.
The cost of her sidewalk replacement project was several thousands of dollars because it also included removal of the tree – and the majority of that project was paid for by the City with taxpayer dollars through our 50/50 Sidewalk Program. No one told her about any future plans for the street nor any reimbursement at that time, so I’m not sure where she’s getting that from.
The portion Ms. Lopez paid back in 2020 totaled approximately $1,500. Now, almost 5 years later, she is asking the City to pay her that $1,500 as a retroactive reimbursement for that portion she was responsible for and agreed to. Not only are we unable to do that, but it would also be unfair to other residents who paid their portions under the program in years’ past.
Admiral Drive was resurfaced as part of the City’s Residential Resurfacing Program last year. Sidewalk repair work – as part of the City’s Tree Damaged Sidewalk (TDS) Program – is underway on the street this year. It’s critically important to note that the funding for these programs are contingent upon city council approval during the budget process every year – meaning the street locations for these programs aren’t determined until AFTER the budget is approved.
It’s also critically important to note the difference between the 50/50 and TDS assistance programs – as the TDS program only covers panels where the sidewalk was damaged by the tree (usually 2-3 panels), whereas the 50/50 program can cover the entire frontage, curbs, and apron. So, even if Ms. Lopez waited until this year for the TDS program, she still would need to utilize the City’s 50/50 program to replace sidewalk panels (i.e. those not impacted by the TDS work) as well as her apron.
Given the above, it’s clear that we gave her the best possible deal we could and it’s unfortunate that she feels differently.
The City has made significant progress removing 430 trees over the last 6 months — that’s more than 71% of work orders since the beginning of this year.”
