(The following story by Lori Cox appeared on the Cincinnati Enquirer website on November 11.)
COVINGTON, Ky. — The Code Enforcement Board upheld citations and a possible $5,000 in fines against CSX Transportation Wednesday after the city’s deadline for the company to present a plan to repair the dilapidated 15th Street bridge came and went.
The board held that CSX must fix peeling paint and rust on the bridge, which has become an eyesore.
City officials cited CSX for two property violations in June, each posing a possible $100a-day fine.
CSX is responsible for the repairs, just like any other property owner in Covington, city officials said.
Rod Payne, the attorney representing CSX, disagreed. “We are at polar opposites on this,” he said.
“The city does not have the legal authority to make CSX pay,” he said, adding that under federal law, CSX isn’t liable for aesthetic repairs.
“Once we start painting the bridge, we have to paint the entire bridge,” Payne told the board. He said the potential cost could reach into the millions.
Covington Mayor Butch Callery said CSX has cooperated with the city in the past but hasn’t addressed the bridge in recent years.
“They’re letting (bridges) disintegrate, so it probably will be a huge cost.”
Rick Ludlum, president of the Austinburg Neighborhood Association, said he was glad the board upheld the citations and hopes CSX will “do what’s right” and make repairs.
“The bridge is a contributing factor to blight,” said Ludlum, who believes it will hamper the community’s efforts to redevelop.
David Hall, CSX director for public affairs, said safety takes priority over appearance.
“CSX works hard to maintain the safest infrastructure,” Hall said.
Payne maintained the city has not demonstrated the bridge is structurally unsafe. He presented a memo from the Federal Railroad Administration, which stated a Sept. 13 inspection found “no reason to take exception to the structural integrity.”
Payne said federal law “trumps” Covington’s ordinance, and the company is prepared to appeal in court.
Callery said if it goes to court, “we will put up a good case.”