This is Jerod Watson from Barnesville in Lamar county. Im reaching out bc we have 2 low income sets of apartments in town whose driveway and parking areas going into them have been badly neglected. There are huge pot holes and missing asphalt and concrete all throughout. Does anyone have experience with this or have some advice on how to approach it since it is private and not part of a city street or right of way. My manager is wanting to try and force their hand into repairing but also not sure what power we have in the situation from a legal standpoint and has suggested just bluffing them and threatening citations to make them repair and fix it. Thanks in advance.

Jerod, does your jurisdiction not have in the property maintenance about driveway or parking lot repair? This would cover any private property. We use the IPMC section 302.3 (Sidewalks and Driveways) Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions.

Hope this helps you out.

Keith that would be really helpful......sadly my jurisdiction has never adopted the IPMC. Ive been talking to them about it and trying to get it done.

Maybe you can talk them into adding this into the property maintenance ordinance you currently use. It would be a start.

This is the plan for now going forward. We currently dont really even have much of a property maintenance ordinance. I am working to remedy that asap. Thank you for your replies Keith. Much appreciated.

Anytime sir, anytime!

It looks to me that your code section 2-5-64(a) (c) may be a possibility. It could be argued that the pot holes and missing concrete are creating an unsafe condition. 

Edited February 29, 2024 at 12:45 PMFeb 29, 2024 by Tom Chamberlain

Thank you. I will look into this

@Tom Chamberlain, I would have to agree with you as well after combing through the Municode for this jurisdiction.  Nothing in 2-16-1 came close.