TOLEDO, Ohio — UPDATE: The city of Toledo said Thursday that the tree with the potentially problematic roots is not city-owned. But, the city said it will begin to work on the sidewalk early next week.
Sidewalks are expected to be flat and even. But that's not the case for one in a south Toledo neighborhood by Byrne and Schneider roads.
A large hump in the middle of the sidewalk has been causing trouble for people who use it every day.
James Bliss, who uses a motorized scooter, says he's forced to ride in the street to get to nearby stores.
"I got warned twice for going down here by the Toledo Police Department," Bliss said. "I was surprised they didn't give me a ticket."
But he feels he has no other option because of the hump and some nearby construction.
Fellow area resident Scott Veronica said the issue has gotten worse over the last 20 years. Within the last couple of weeks, he had to help someone whose scooter was tipped over due to the sidewalk.
"It was a lady with her vehicle trapped on her leg and she couldn't get out, so it's been a pretty big concern as of late," Veronica said.
Bliss thinks the roots of a nearby tree are causing the problem and said he's spent months trying to get it fixed.
"I go to bed dreaming about how I can get up there and chop this thing down," he said. "It's very frustrating to know it's just sitting there and no one is doing anything with it."
He puts the blame on the City of Toledo. But it might be on the apartment complex, Michaelmas Manor, to fix it.
According to Toledo Municipal Code 911.02, sidewalk repair costs are on the property owner. But code 402.02 states if the sidewalk is damaged by a city tree, the city has to pay.
When asked on Wednesday if it's the city of Toledo's responsibility to fix it, a spokesperson said they are working on a response. The Michaelmas Manor property manager said he doesn't know whose responsibility it is.
For Bliss and a lot of other people in the senior complex who use motorized scooters to get around, they just want someone to smooth things over.
"What is the sense of passing the buck to someone else?" Bliss said. "Take care of the problem and you won't have to worry about it no more. People are going to get killed out here. Either on the street or that sidewalk and they don't do nothing."