FBSun: Missouri City Officials Debate Ordinance 46-4 Which Gives The City Lien Power Over Homeowners To Fix Public Infrastructure Near Their Property!

Missouri City sidewalk ordinance stirring controversy
By: DIANE TEZENO

What Missouri City residents don't know may hurt them, at least when it comes to a little known ordinance governing community sidewalks.

Although the ordinance has been on the books since June 1974, many residents have only recently become aware of provisions that require homeowners to maintain sidewalks in front of their homes.

An excerpt from Section 46-4 of the Missouri City Code of Ordinances reads, "It shall be the duty of every owner of real estate in the city, abutting on any public street or alley in the city in front of which real estate or along which street the building official may order the construction, reconstruction or repair (of) sidewalks, culvert pipes, curbs, gutters or other infrastructure, to cause such improvement to be constructed, reconstructed or repaired..."

Under the ordinance, a homeowner is given a timeframe to repair a noted defect in a sidewalk in front of his home, subject to obtaining a building permit.

If action is not taken , the city has the right to complete the work or advertise for bids at the homeowner's expense. The public works department then bills the building inspection division, and if the homeowner does not make arrangements to repay repair costs, a lien is issued against the homeowner's property for repairs.
"It really scares me to think that the city, under this administration, has more lien power to foreclose on our homes for something as small as a cracked sidewalk or gutter," said Sienna resident Chris Calvin.

He and, several other Fort Bend residents, are joining forces to repeal Section 46-4 of the ordinance, and consider the section of an issue of the city shifting liability to residents for its infrastructure rather than an issue of sidewalk repair.

Kevin Tunstall, a member of the informal group, became aware of the ordinance several days before a subcommittee chaired by Councilmember Jerry Wyatt met to address concerns.
"No member of this community should be forced to pay for the repair of property that they do not own. Not only would this be unfair, it could also be construed as a violation of our rights under the Texas Constitution," Tunstall told members of the committee. . .

Get the full story from the FB Sun at:

http://www.hcnonline.com/site/news.cfm?newsid=18029346&BRD=1574&PAG=461&dept_id=533228&rfi=6

and more background at:

http://www.fortbendweb.com/webapp/cgi-bin/index.cgi?action=viewnews&id=738#topcomment


*Comment--Should Missouri City officials have the right to place a lien against your home for broken public property that is near your home? How will this impact Sienna area residents? Follow this and other issues as the spring city council elections approach!