By Tara Fischer

Staff Writer

(July 30, 2026) Berlin officials are considering changing the town’s sidewalk ordinance to clarify how repair costs are shared between property owners and the town. The revision also would give homeowners more time to address hazardous pathways and create a hardship deferral process.

The changes were discussed at length at Monday night’s Berlin Town Council meeting, as they relate to the town’s sidewalk cost-share program and would clarify certain procedures.

Town Administrator Mary Bohlen said the proposed changes are intended to explain a program that has been part of the town code for decades.

“The cost share program has always been a part of Town Code,” Bohlen said. “Hopefully this language clarifies.”

Council members spent part of the discussion debating whether residential and commercial properties should continue to be treated equally under the cost-share program.

Councilman Jack Orris initially pointed out the staff proposal stated commercial property owners were to cover 75% of repair costs while the town pays the remaining 25%.

However, following further conversations, officials opted to keep the cost split 50/50 for both residential and commercial properties.

“If we’re talking about repairs, I would keep it 50/50 for both residential and commercial,” Berlin Mayor Zack Tyndall said.

Councilman Steve Green said he also favored the equal split.

The council maintained that while the cost-share program is standard in other municipalities, they understand the financial burdens they could be placing on residents by requiring them to  pay for sidewalk repairs.

Green said many homeowners are unaware they are responsible for maintaining sidewalks adjacent to their properties.

“I think folks are startled to hear the sidewalk in front of their homes … that is causing a public safety hazard, that it’s their responsibility,” Green said. “Even if it’s shared with the town … But I have done the research to see that it is common practice in government that the cost is split.”

Bohlen noted the policy has existed in Berlin’s code since at least 1994.

Still, Tyndall proposed adding a hardship clause allowing property owners to request a 12-month deferral on a case-by-case basis.

“I think there should be some exercisable ability by the homeowner to say, ‘Hey, look, I can’t do this for whatever reason. Can we defer this one year?’” he said.

Bohlen emphasized the proposal would not eliminate a homeowner’s financial obligation but would simply provide additional time.

Tyndall stressed that his reasoning for making a hardship provision available to homeowners is only fair, given that the town’s own participation in the cost-share program depends on available funding.

“It is budget dependent on us having the available funds,” he said.

Bohlen added there is no guarantee funding will be available every year because it relies on annual budget allocations.

As such, Tyndall encouraged residents to contact the town before making sidewalk fixes rather than assuming reimbursement funds would be available.

The discussion also touched on whether the town could address minor trip hazards by grinding uneven sidewalk panels instead of replacing entire sections.

Tyndall said that would depend on whether town staff had the equipment and expertise to safely complete the work while meeting accessibility standards.

“If it’s something that needs to be outsourced … then we have to look at it a little bit differently,” he said.

Public Works Director Jimmy Charles said grinding may be possible for smaller hazards but would become difficult for larger elevation differences.

Council members also considered changes to the amount of time property owners would have to address dangerous sidewalk conditions after receiving notice from the town.

Current code establishes a minimum of 20 days and a maximum of 60 days.

Councilman Jay Knerr argued 20 days was too short and proposed increasing the minimum to 45 days.

Council members and staff agreed weather and contractor availability can delay projects. Planning Director Ryan Hardesty suggested requiring property owners to secure a contractor within the deadline rather than complete the repairs.

Residents also had the opportunity to provide their comments on the issue at Monday’s meeting.

Citizen Marie Velong urged the mayor and council to amend the town code by shifting responsibility for sidewalk repairs to the town’s Public Works Department.

Reading a prepared statement, Velong argued sidewalks are public infrastructure that should be maintained through municipal planning rather than by individual homeowners. She said the current ordinance unfairly places the financial burden on property owners when sidewalks crack because of tree roots or natural settling, potentially exposing them to code enforcement and fines if repairs are not made.

While acknowledging that the proposed 50-50 cost-share program would provide some relief, Velong said it should only serve as a temporary solution. She encouraged officials to pursue full municipal oversight of sidewalk maintenance, establish a long-term improvement plan for repairs, and include a hardship waiver for residents who cannot afford their share of the costs.

 She also suggested the town explore state and federal grant opportunities to help fund future sidewalk improvements.

Bohlen did note that shifting full responsibility to the town would require a costly study to determine which sidewalks would need to be prioritized.

At the end of the discussion, Tyndall summarized proposed amendments that would increase the minimum response time from 20 to 45 days, extend the maximum period to 90 days, require property owners to procure repair services within the established timeframe, and eliminate permit and fee costs for homeowners.

Council members also debated whether code enforcement officers should have authority to determine when a sidewalk is required or whether those decisions should come before the mayor and council.

Knerr expressed concern that homeowners could be forced into the appeals process unnecessarily.

Tyndall argued staff should retain authority to make those determinations, noting the ordinance already provides property owners with the right to appeal decisions to the Housing Board of Review within 10 days and includes multiple levels of administrative oversight.

The ordinance will advance to a public hearing scheduled for the council’s Aug. 10 meeting.