Colfax to survey Third and Fourth Avenue alleys

By LeAnn R. Ralph

COLFAX  —  Imagine his surprise when the director of public works drove down the Fourth Avenue alley, found trees, bushes and flowers — and was verbally reprimanded by a property owner for driving on “the lawn.”

As the first step in dealing with the problem of property owners planting flowers, gardens, trees, bushes and grass in the alleyways in Colfax, the Colfax Village Board approved having the Third Avenue and Fourth Avenue alleys surveyed at a cost of about $2,000 at the village board’s May 9 meeting.

People start mowing the alleys and then they start planting gardens or trees, noted Scott Gunnufson, village president.

When the Fourth Avenue street project begins, people are going to need the alleys to get to their houses, said Rand Bates, director of public works.

Last year, people used the alley extensively during the reconstruction of Third Avenue, he noted.

For some reason, several property owners have gotten the idea that they own the alleyways, he said.

Bates said he had called Dan Fedderly, a surveyor in this area, about surveying the alleys and was told the cost to survey and stake the village’s property would be between $1,700 and $2,000.

“That way we would know what we have and where the lines are,” Bates said.

“I got chewed on for driving through there … I had to let the owner know it is the village’s property,” he said.

Ordinance 

According to the village’s ordinance 6-2-5 on obstructions and encroachments:

“No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance be placed or remain on any public way adjoining the premises of which he is the owner or occupant.”

Also, according to the village’s ordinances, “in addition to any other penalty imposed, if any village enforcement official determines that a village, street, alley or public grounds as land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within twenty-four hours … if the owner or occupant fails to remove the obstruction within the time period … the village enforcement officials shall cause the removal of the obstruction, keeping an account of the expenses of the abatement, and such shall be charged to and expenses paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within ten (10) calendar days from receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the village clerk-treasurer shall enter those charges onto the tax roll … the failure of the village clerk-treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place village expenses on the tax rolls for unpaid bills for abating the obstruction.”

Letters

The village should pursue the survey and then send out letters to the property owners, said Mark Halpin, village trustee.

After the stakes have been put down to identify the village’s property lines, then landowners will be notified, said Lynn Niggemann, village administrator-clerk-treasurer.

Gunnufson suggested also providing a copy of the village’s ordinance to property owners.

The Colfax Village Board unanimously approved a motion to have the Third Avenue and Fourth Avenue alleys surveyed.