Warrant issued in sidewalk case

March 20, 1997


Staff Writer

An arrest warrant was signed Wednesday for a Hagerstown man who failed to appear in court for a city sidewalk and curb violation, officials said Wednesday.

Bernard E. Henesy, of 126 Alexander St., failed to appear in District Court last Thursday for a hearing concerning the code violation, which has gone unfixed for more than five years, said Dave Moulton, the city's construction inspector.

The arrest warrant, which was signed by Judge R. Noel Spence, could be served today, officials said.

Henesy could not be reached for comment.

Henesy could face fines of up to $1,500 and/or jail time of up to one year and 60 days for the code violation and the failure to appear in court charge, officials said.


The city takes about six to eight sidewalk and curb violators to court a year, but this case has taken an unusual turn because Henesy did not appear in court, Moulton said.

When code violators receive the court subpoena, they usually fix the sidewalk and curb to avoid the court appearance or they fix it after appearing in court, he said.

But Henesy did not keep his court date, prompting issuance of the warrant for failure to appear, officials said.

Henesy received his first violation notice in September 1991, Moulton said. A year after Moulton became construction inspector in 1993, he said, he reviewed violation notices going back five years, and sent Henesy a reminder in April 1994 to have the work done by the end of August.

Moulton sent a final notice to Henesy on Nov. 7, 1995, giving him until Nov. 30 to complete the work. When Henesy didn't correct the violation, Moulton filed charges against him on Dec. 1, 1995.

The brick sidewalk along the Alexander Street side of Henesy's house on the corner of George Street is a safety hazard, Moulton said. The shale curb, which is broken, also needs to be replaced.

Typical costs for curb repair are $12 to $15 per foot and for sidewalk repairs generally run $3.50 per square foot, Moulton said.

Hundreds of curb and sidewalk notices are issued to city residents every year, Moulton said. Henesy received his in September 1991 because the city was planning to repave his street the next year.

In addition to issuing notices to residents on streets the city is planning to repave, notices also are sent out to trouble spots, he said.

Property owners for more than 200 lots in southeast Hagerstown should receive such notices in April, Moulton said. They will be given more than a year to have the repairs done.

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