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A neighborhood sidewalk repair crew works on a sidewalk repair on January 7, 2020, in Denver.
A neighborhood sidewalk repair crew works on a sidewalk repair on January 7, 2020, in Denver. (Photo by Helen H. Richardson/The Denver Post)
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The sidewalk fee lookup tool posted on the Denver government website has been taken down, and that is a good sign. We had hoped the city council would see the gross inequities and sheer burden of the fee, which was approved by voters in November 2022, and take action to prevent it from being implemented as it was written.

Voters, focusing on the upside of finally getting a completed and connected sidewalk network in the city, passed Initiated Ordinance 307, the sidewalk repair ballot measure, with 55.9% of voters’ support.

But as The Denver Post Editorial Board noted in its opposition to the measure, this one came with implementation problems. For residents already facing increases in property taxes, groceries, insurance, trash services and other basic needs, the reality of the sidewalk fee struck hard as the calculator showed everyone just how much it would add to their mounting financial burdens.

As written, the fee is not equitable for Denver’s residents, certainly not by basing fees on home frontages and street-use types rather than income or property values. While sidewalks benefit homeowners, they benefit the residents of the city as a whole.

The city’s previous sidewalk system of holding property owners responsible for the construction and repair of sidewalks in publicly owned right-of-ways was also inequitable. Consider the irony that streets may have bus stops along them but no sidewalks or inadequate narrow sidewalks to reach those stops. At least the new ordinance will add sidewalks that would allow our streets to be more navigable by pedestrians and transit users whether along the Monaco St. Parkway or the neighborhoods of Elyria Swansea and Globeville.

The fees by street type were laid out in the ordinance, campaigned for by a group known as Denver Deserves Sidewalks. It created a sidewalk construction and repair program to be managed by the city’s transportation department. The annual fee ranges from $2.15 to $4.30 per linear foot of property frontage, depending on the street’s designation with residential collector streets at $2.15 and residential arterial streets at $3.58. At least discounted rates are planned for historically low-income neighborhoods.

As with most taxes, these fees need to be progressive and not regressive. In this case, even a flat rate would be more equitable than the complicated tax structure voters approved.

On the city’s webpage where the sidewalk-fee calculator had been, there is now a notice that states in part:

“The city’s sidewalk task force is reviewing the sidewalk ordinance and may refine the current fee structure to ensure it is applied in a way that is as fair and reasonable as possible. DOTI has removed the sidewalk fee lookup tool it previously offered on this webpage while that assessment is underway.”

The fees were defined in the ordinance based on linear footage of frontage on private or business property. The rate per foot would be determined by the type of street on which the sidewalk runs. So a homeowner living on a corner would pay at least double what interior homes might pay. A homeowner already dealing with the noise of mixed-use roads would have to pay more for the luxury of the noise and busier traffic. A homeowner living in a modest house would pay more than those living in a high-rise luxury condominium building where the fee is split among the stacked homes.

Basing the fee rate on whether a homeowner’s property is adjacent to a busy street, which may lower their property’s value, is flawed. Especially for homeowners who have recently invested in their sidewalks to bring them up to code or to repair broken slabs.

After hearing feedback from residents who realized the amount of fees they were facing, the city council decided unanimously on Oct. 2 to delay the fee until after the summer of next year. Councilwoman Amanda Sandoval requested the delay. Property owners would be charged semiannually along with the city’s storm drainage billing.

In a story reported by The Denver Post’s Seth Klamann, Sandoval said, “I’m responding to constituents’ concerns, property owners’ concerns and basically inequity that was baked into the ordinance. I don’t feel like it’s equitable to base sidewalk fees based on your street type classification. I feel there needs to be a more nuanced approach to this.”

We still believe the city needs a plan and the funding for sidewalk repairs and installation, especially in underserved neighborhoods. But as is often the case, this sidewalk plan lacked a sound financial solution and instead created a different burden on Denver’s residents.

It is like being taxed on how much more snow you get to shovel. We are pleased the City Council members recognize this burden and are working to make it more reasonable for their constituents.

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