South Broad sidewalks slated for replacement could be only thing holding up retaining walls
by Diane Wagner
Jun 15, 2010 | 1731 views | 12 12 comments | 15 15 recommendations | email to a friend | print
By Kaitlin Kolarik (Rome News-Tribune)The city will begin replacing sidewalks on South Broad Street, but retaining walls like these illuminate a growing problem: the sidewalk is the only thing holding up some retaining walls.
By Kaitlin Kolarik (Rome News-Tribune)The city will begin replacing sidewalks on South Broad Street, but retaining walls like these illuminate a growing problem: the sidewalk is the only thing holding up some retaining walls.
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Most houses and shops along South Broad Street are built atop hills, with front yards sloping sharply down to the road.

But many of the picturesque retaining walls are expected to crumble when the city starts replacing the sidewalks.

“It’s like a sweater,” Rome Public Works Director Jamie McCord said. “Pull on a string, and the whole thing could unravel.”

The 2006 special purpose, local option sales tax package contains $2 million for South Broad pedestrian improvements between Myrtle Hill Cemetery and Cedar Avenue.

City officials had initially proposed replacing the walls as part of the project, but the SPLOST Citizens Advisory Committee balked at using tax money to improve private property.

The Rome City Commission awarded a contract last week for repaving, curbs and gutters, sidewalks, landscaping and lighting. Now, with work slated to start in July, professional staffers are warning their predictions haven’t changed.

“In a lot of places, the sidewalk may be holding the wall up,” City Manager John Bennett said, “even in places where the walls look good.”

Commissioners Buzz Wachsteter and Bill Collins examined the issue last week as members of the city’s public works committee. They directed crews removing the sidewalks to stabilize the front yards with dirt, if necessary, then notify the property owners to make repairs.

The final solution, however, may not be that simple.

Some of the deterioration is decades-old, Bennett said, “and if a property owner was interested in doing something, he would have already done it.” Some of the landlords don’t even live in Rome, he said; others like their walls the way they are — and the city does not have easement rights to enter the yards.

“This is an unusual situation,” Bennett said. “Whenever we’ve done road projects, we’ve always dealt with the walls as part of the project.”

Chief building official Howard Gibson agreed to send violation notices to the worst offenders, advising them to fix their walls or the city would do it and lien the house to recover the cost.

But Gibson also said there is a need to create a policy addressing the situation, which exists in older neighborhoods around the city. He pointed out that side-street walls connected to those on South Broad also will be affected by the project.

Wachsteter and Collins said a new policy will likely include a path to gain control of neglected properties, noting that the streetscape project is aimed at beautification to encourage private investment.

For now, though, “I think preserving the integrity of what is there for the safety of pedestrians is going to be the limit of our focus,” Public Services Director Kirk Milam said.

Comments
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ElmerPhudd
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June 16, 2010
I dink de magwow pwobem he has iz wit wabbits. Dey tore dat dere waww in de pictwuy aw to pweices.
FormerRoman
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June 16, 2010
In response to the npcomaster..mr. Milam makes this sound as if it was a neighborhood project..The only neighbor involved was Mr. Collins nexr door neighbor.
npcomaster
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June 16, 2010
In response to a comment made earlier by "Former Roman"

Curb and gutter was installed on Vineland Drive, along property belonging to Commissioner Collins and other homeowners, several years ago at the request of the landowners, according to Rome Public Service Director Kirk Milam. The work was done as an "assessment job," which means each homeowner paid for his or her share of the work. Milam said the curb and gutter assessment program, open to all property owners, has been in effect within the city limits for 20 years although there have been no requests in the past two years. Applications can be by petition -- in the case of jobs involving a whole neighborhood or street -- or through a phone call from several property owners who want to tie into existing curb and gutter and are willing to pay the expense and donate the easement.
novromano
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June 15, 2010
REM, thanks for the great comments. The deteriorating retaining walls along South Broad and throughout South Rome have been a major eyesore, and have long needed the city's attention. Aside from aesthetics, the walls are a safety issue. Falling walls could actually fall on someone. Fallen walls could block the sidewalk or block part of the street. I am particularly happy to hear that side streets off of South Broad will be included. Here's to hoping that progress on the sidewalk and retaining walls project is accomplished very soon.
RealEstateMystic
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June 15, 2010
In fact, neglect is one of the preconditions FOR an easement. A property owner who -- knowingly or otherwise -- permits others to use or abuse their property, is setting themselves up for an easement by prescription. I don't see why this same reasoning couldn't be extended to property owners who permit their property to create an environment of encroachment on city property, e.g., by retaining walls which could spill onto the sidewalk after a heavy rain or other act of God. Furthermore, if the sidewalks are what's keeping these retaining walls clinging by their fingernails, that means the property owners have already abdicated their responsibility for the walls. That would constitute good grounds for condemnation.
RealEstateMystic
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June 15, 2010
FormerRoman writes: "This whole Mercy project goes against that theory."

In a way it does and in a way it doesn't. It doesn't, for obvious reasons; it does, in that (according to the official account) prospective investors were given first refusal with the property, who would have developed its commercial and/or Darlington-related possibilities. Both parties passed, so by the law of tranching, that left Mercy and their dubious vision. The free market decreed that "highest and best use" for the land was senior housing. By contrast, letting your property fall apart -- e.g., retaining walls -- cannot be classified as "use." Neglect is the opposite of use.
FormerRoman
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June 15, 2010
Mystic, agree with you somewhat..using real estate to it's highest and best use-That said, this whole Mercy project goes totally against that theory!
eastromeguy
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June 15, 2010
I could not agree with you more REM. Very good comments.
RealEstateMystic
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June 15, 2010
FormerRoman writes: "Mystic, are you saying they should enter private property without an easement."

No, I'm saying they should create the easement by condemnation and then enter it. I don't care how they go about it. If slumlords are the only thing standing between the city and the revitalization of South Rome, I say remove them from the picture. This farcical dance between indifferent South Rome property owners and local government has gone on long enough. There is something called "highest and best use" of real estate; letting retaining walls collapse into the street is the opposite of that.
FormerRoman
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June 15, 2010
Mystic, are you saying they should enter private property without an easement..If the city causes these walls to fall, then they should repair them..That's akin to a city dump truck totalling an older model car and saying"We're not going to fix it or pay damages because it was about to quit running anyway"..As for Bill Collins, he had city workers curb and gutter his land and repave his driveway twice..paved the second time because his boat couldn't manuever the dip in the road.
RealEstateMystic
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June 15, 2010
FoormerRoman writes: "Take a step back and regroup." That's an ironic image for someone like me, who actually DOES walk these sidewalks on a daily basis, along with countless other South Romans. Walk backwards in South Rome and you could wind up tumbling into the Etowah River, or oncoming traffic.

I am pleased to see the city addressing the retaining wall issue, and for the RNT to cover all the angles (no pun intended). Unlike FormerRoman, who doesn't even LIVE in Rome anymore, I do live in the affected neighborhood, and I think repairing these walls would go a long way to restoring my faith in the local government after the Etowah Terrace fiasco. How to deal with the property owners who are technically responsible for these walls is a legitimate question. The majority are slumlords, for whom such expenditure would bite into their balance sheet; others are simply homeowners who can't afford the repairs. The city should address each on a case by case basis, and if new "policies" for seizing control of these neglected properties does become necessary, then so be it. (Naturally there will be those Romans -- and you know who you are -- who will respond to the suggestion with the usual whining about government takeovers. But I don't care.)

FormerRoman
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June 15, 2010
As I've stated before-Why not wait until the projects slated for this area are completed before rebuilding the sidewalks..Sounds as if everyone involved needs to take a step back and regroup..The comments from city leaders would be comical if they weren't "serious".
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