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Monday, June 10, 2024

Marlinton Won't Pay!


 A resident named J.L. Clifton who requested that the town replace a damaged curb in front of his residence. 

The town council denied his request because Mr. Clifton did not obtain a permit before having the curb replaced himself, and then billed the town for the work.

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 Resident's Argument:

    The resident might argue that the curb was damaged and posed a safety hazard.


    They might claim they had a right to repair the public sidewalk to address the immediate danger (depending on local laws).


    They could argue the town is ultimately responsible for maintaining public sidewalks and curbs.

Town Council's Argument:

    The council likely has ordinances requiring permits for sidewalk and curb repairs to ensure work meets safety standards and doesn't disrupt infrastructure.


    They can argue the resident bypassed the proper procedure and may have done the work incorrectly.


    They might highlight that the resident attempted to avoid the permitting process and shouldn't be rewarded for it.

Key Factors:

    Local Ordinances: These will determine who is responsible for sidewalk repairs (entirely town, resident responsibility for portion adjacent to property, etc.) and permitting requirements.


    Nature of Damage: Severity of the damage and potential safety hazard could influence arguments on both sides.


    Quality of Resident's Repair: If the resident's repair was faulty or didn't meet code, it strengthens the town's position.

Possible Outcomes:

    Resident Pays: The most likely scenario is the resident is responsible for the cost due to not obtaining a permit.


    Town Reimburses: If the resident's repair was necessary and up to code, the town might reimburse them after proper inspection.


    Shared Cost: A compromise could involve the resident sharing the cost due to not following procedure.

Recommendations for the Resident:

    Consult a lawyer specializing in local property law to understand their rights and options.


    Gather evidence of the damage and the quality of their repair work.


    Consider appealing the council's decision through the town's established procedures.

Overall:

While the resident has an interest in safety and maintaining their property, the town has a legitimate interest in regulating repairs and ensuring proper procedures are followed. The specific outcome will depend on local laws and the details of the situation.

AI Product--Not legal advice!

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