Landlords warned to fix walls
Government has pledged tough new laws to force landowners to fix dangerous walls and rocks overhanging public roads.
Works and Engineering and Housing Minister David Burch said a review of such roadside dangers, started three years ago, had found 182 on private property ? but only 19 had been fixed.
He said it was "an abysmal success rate of ten percent", so Government will begin issuing statutory nuisance notices to the landowners which allow Government to fix the problem and bill the owner.
Government had repaired or had scheduled repairs to 83 that were its responsibility, said Sen. Burch.
The review followed the January, 2003 death of teacher Andrea Bicarie who was crushed after a retaining wall fell on her car at the Bermuda College.
Sen. Burch said yesterday: "It is estimated, that even with the limited powers that a statutory nuisance notice carries, this Ministry will have to fund approximately $1.3 million worth of design and construction works to walls and rock cuts annually for the next five years, after which the cost of the remedial work to the Government is anticipated to reduce.
"A significant portion of this annual allocation will be required to assist in the funding of private wall and rock cut repairs.
"This is clearly an unacceptable state of affairs ? that private landowners should look to the taxpayer to fund improvements to their properties.
"We recognise there are some genuine hardship cases which will be handled on a case-by-case basis."
Sen. Burch's Ministry will be proposing amendments to the Department of Works and Engineering Act 1984 to establish legally binding design criteria for structures next to public roads, along with greater enforcement provisions, in common with many overseas jurisdictions.
He added: "In consultation with the Ministry of the Environment, planned amendments to the Bermuda Development Plan and the Building Act will support these proposed changes.
"There is a need for private landowners to meet their commitment to remediate these walls and rock cuts and the Ministry will take all appropriate steps to ensure that remedial steps are taken in a more timely manner."
Without the issuance of a statutory nuisance notice, the Ministry has little power to make a private road safe apart from closing the road through a Traffic Notice, said Sen. Burch.
"At best, this temporary solution significantly inconveniences the general public," he said.
"The statutory nuisance notices provides a means for the Ministry to legitimately remove a dangerous wall or make safe a rock cut at the private landowner's expense."
However no statutory nuisance notices have been issued to date.
