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Kokua Line

By June Watanabe


Property owners usually
must maintain sidewalks


Question: I called the city to complain about a cracked sidewalk in front of my house. The sidewalk was raised about a half inch and had grass growing through the cracks. I was referred to the Department of Planning and Permitting. An inspector called back a couple of days later and said that the crack was caused by roots from a tree that was growing in the grassy area between my property and the sidewalk. The tree, which was planted by the city, is no longer there. The inspector said it was my responsibility to have the sidewalk fixed. I told her I was just letting the city know because if someone got hurt, they might file a lawsuit. A couple of days later, I received a notice of violation, saying I had 60 days to repair the sidewalk. If I did not do this myself, the city would make the repairs and bill me for the work. I don't understand why I am responsible for fixing a city sidewalk that was damaged by a tree the city planted. Can you help?

Answer: At issue is whether the tree that caused the damage was indeed a city tree.

The city has agreed to send a public works crew to uproot what is left of the old tree to determine what it was. If it is indeed a city-planted tree, as you maintain, then the city will assume responsibility for fixing the sidewalk, said William Deering, chief of the Housing Code Section of the Department of Planning and Permitting.

However, if it turns out to be the remnants of a guava tree, which the city claims was there and therefore, not the kind of tree the city would plant, then you will be responsible, he said.

The general guideline is that a property owner is responsible for maintaining the public sidewalk area abutting his or her property, Deering said. That includes picking up the poop left by dogs whose owners aren't responsible enough to do so.

Q: I live in Manoa, where they are building a brand new gym in Manoa Park. I called the Department of Parks and Recreation to see if there was a picture or anything of what the future gym would look like. I was told that the Manoa School principal had a picture in his office. But when I went to the school, they said they were busy and in meetings and I couldn't see it. It would be nice to let people to see a drawing of the gym -- make it public rather than putting it in a principal's office. Why can't it be put it in the park pavilion or office area? It is a public-funded building and I think the public should be able to see what it is.

A: You are now able to view the colored "presentation drawing" of the new multipurpose building in the park's gym, when the gym is open. Call the park at 988-4747 for specific hours.

The drawing, which is on a presentation board, had been made available to the school by the contractor, Mitsunaga & Associates, while Manoa Park officials had a copy of the blueprints.

But based on your request, the contractor has asked for the drawing back so that it can be displayed in a more public area, said Howard Yoshioka, supervisor for Manoa Valley District Park.

Under construction is a $5.8 million multipurpose building with two full-size courts that can be used for basketball and volleyball, park administrative offices, meeting rooms and exercise rooms for Parks and Recreation use, restroom facilities; and areas designated for use by Manoa School and by schools in the Roosevelt complex.

Work began in June and is still on schedule to be completed this June, Yoshioka said.

Auwe

I walked past the Waikiki Shell Sunday afternoon, March 24. There apparently was a concert the night before and there was trash all over the ground. I suppose the cleaners will come first thing Monday morning, but I propose they do the job right after the concert. If the city doesn't want to pay overtime, they should find the money somewhere. -- Phil





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Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
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