Parma committee advances tree-and-sidewalk ordinance package; council clarifies city vs homeowner responsibility

The Parma public service committee on March 16 reviewed a package of ordinances (29-33 series) designed to revise how the city handles trees and sidewalk trip hazards along public rights-of-way and to reduce homeowner liability where the city's tree-lawn trees are the cause.

Service department and task-force representatives described the ordinances as the product of a property maintenance task force. "This ordinance along with the next five ... is the driving mechanism to remove the responsibility for the property owner in regards to trip hazards on public sidewalks," the service director said, explaining the intent is to make the city responsible for repairs caused by city-planted or diseased tree-lawn trees and to reduce requests for removal of tree-lawn trees.

Council members asked a series of pointed implementation questions: how properties would be chosen for repair, whether the service director would have discretion to order removals, whether arborist review would be required, and how enforcement of sidewalk-cleaning obligations such as snow and ice removal would work. The law director said the package is limited to public sidewalks and that homeowners would remain responsible for snow and ice removal and for hazards created by resident actions. "We're not taking responsibility for every issue that is involving sidewalks of residents," the law director said, noting existing building-department enforcement tools would remain in place for matters such as ice and snow.

Council also debated timing and effect: members asked whether the ordinances would create retroactive liabilities or require refunds for residents who earlier paid to fix sidewalks; the law director said the local law would take effect on the mayor's signature and that the city does not adopt ex post facto relief for prior violations.

Several ordinances in the package (including ordinance 29-26 and ordinance 30-26) were moved for "second reading and back to committee" for further refinement; council members asked staff to provide clearer criteria for how properties are selected, the funding source for any city-conducted repairs, and whether arborist input would be codified.

Next steps: staff and the law department were asked to provide funding details, the selection criteria for affected properties and to clarify who on the service staff will make discretionary calls about tree removal or remediation.