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HomeMy WebLinkAboutItem 8.5 SdwlkRprPolicyReview CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: February 14, 1994 SUBJECT= Sidewalk Repair Policy and Procedures 94-02 Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 4) 5) Resolution approving policy as in prior years Policy as in prior years (City cost) Resolution approving new policy Proposed Sidewalk Repair Policy (Property owner cost) Cost-sharing policies of three selected cities RECOMMENDATION: 1) 2) 3) 4) Direct Staff as follows: a) Restore the prior policy (Exhibit 2), in which the City pays for maintenance of sidewalks for tripping hazards. OR b) Reaffirm the most recent City Council direction to require property owners to maintain sidewalks fronting the individual properties (Exhibit 4). OR c) some combination of the above two policies. If Option l(a) is chosen, adopt Resolution Exhibit 1 approving Policy Exhibit 2 (city-funded program as in prior years). If Option l(b) is chosen, adopt Resolution Exhibit 3 approving Policy Exhibit 4 regarding enforcement of the repair of hazardous pedestrian improvements (or as may be modified). If Option l(c) is chosen, provide direction as to cost sharing and continue this item to the February 28, 1994, City Council meeting. FINANCIAL STATEMENT: If Option l(a) is chosen, the program would cost the City an estimated $50,000 per year. If Option l(b) is chosen, the ultimate burden of repair and inspection cost would be placed on the property owners. Additional Staff time would be involved in the administration of the program. Option l(c) would share the cost between the City and the property owners. DESCRIPTION: On April 13, 1993, prior to the City Council's reviewing the 1993-94 Capital Improvement Program budget, and in anticipation of the State withholding substantial property tax funds from the City, the City Council directed a change in the policy for funding hazardous sidewalk repairs. Between 1983 and 1993, the City Council's policy was to identify and pay for the cost of repairing sidewalks that were potential tripping hazards. The new policy would be that the individual property owners would be liable for the cost of repair of their sidewalk improvements. The State of california Code includes the Improvement Act of 1911 which, in essence, makes property owners responsible for the maintenance of those sidewalks which abut the owner's property. Most municipalities use this Act as a basis for requiring property owner participation in sidewalk repair. The options for allocating the sidewalk repair costs range from the City's paying all costs to the property owners' paying all costs. In between, there are endless combinations of City/property owner cost-sharing, staff has included three examples of these cost-sharing plans as Exhibit 5. The City of~C~Q~ncor~d will pay one half the cost for owner-occupied=~----~ single-family dwellings if the owner authorizes the repairs and allows the City to use the City's contractor. San Leandro will pay one half the cost for tree root damage only. Livermore will pay one half the cost if the City contractor is authorized to be used; however, there is a $1,000 cap on the property owner's share. If it is decided to require the property owner to pay the cost of repairs, Staff recommends that there be a sliding scale for administration costs to the property owners, depending on how difficult the property owner makes the repair on City Staff. This would work as follows: 1) 2) If the property owner authorizes the City contractor to do the work and pays the cost in advance, then the City's administration charge (cost of administering the program, including inspection) would be a flat $30 per property, regardless of the number or extent of the repairs. If the property owner elects to have the work done himself, an encroachment permit will be required with the standard fee schedule: $10.00 basic permit fee $80.00 minimum inspection fee up to 50 lineal feet of sidewalk, plus $0.10 per lineal foot in excess of 50 lineal feet. $50.00 minimum inspection fee per residential driveway $100.00 minimum inspection fee per commercial driveway Standard bond requirement: · $500.00 minimum up to 50 square feet of sidewalk; $5.00 per square foot over 50 square feet. · $500.00 minimum per residential driveway · $1,000.00 minimum per commercial driveway 3) If the property owner refuses to perform or authorize the work and the City performs the repair with its contractor, the property owner will have the opportunity to pay the cost within 20 days after the work is completed and he has been billed for the work. In this case, the administration cost would be the same as the encroachment fee schedule. 4) If the property owner refuses to perform or authorize the work, the City performs the repair, and the property owner refuses to pay for the work, the administration fee will be as set out in the encroachment permit fee schedule, plus a processing fee for following through with the property lien procedure. Attached as Exhibit 3 is a draft of a new policy which outlines the options available as well as the costs involved to the property owners. Staff requests direction from the City Council relating to the various policy options available. a:(cip)~sidewalklagst9394 Page 2 RESOLUTION NO. 18-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A POLICY FOR THE REPAIR OF pUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY-FUNDED I~EPAIR PRO~RAM) WHEP. EAS, public improvements such as curbs, gutters, driveways, and sidewalks sometimes become damaged due to natural and man-made causes; and WHEREAS, these damaged improvements sometimes become tripping hazards to pedestrian traffic; and WHEREAS, it is in the best interest of safety to have these hazards eliminated; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Dublin establishes a policy of the City of Dublin for Fiscal Year 1993-94 entitled "Annual Sidewalk Repair Program." PASSHD, APPROVED AND ADOPTED this 14th day of February, 1994. AYES: Councilmembers Burton, Houston and Howard NOES~ Councilmember Moffatt and Mayor Snyder ABSENT: None a:sidewalk%resoplcy POLICY FOR THE CITY OF DUBLIN ANNUAL SIDEWALK HEPAIR PROGR~4 for Fiscal Year 1993-1994 It is the policy of the City of Dublin to cause repairs to be made to certain public improvements for the safety of the general public under the following guidelines. Improvements Included: Public improvements included under this program shall be limited to those improvements which may constitute a potential tripping hazard to pedestrian traffic such as curbs, gutters, driveways, and sidewalks. Need: Where these improvements have settled, heaved and/or cracked and offset such as to represent a tripping hazard as identified by the City Engineer, or his representative, these improvements shall be replaced. Responsibility: Where it is apparent that the damage to improvements has been caused by natural causes such as tree roots, utility trench settlement or soil heaving, the City of Dublin will pay for the cost of repair. Where it is apparent that the property owner fronting the damaged improvement has caused the damage, such as driving vehicles into a side yard, the property owner shall be responsible for the repair. The city Engineer shall establish a procedure whereby the property owner will be notified of the needed repair, and if not done in a specified reasonable time, he shall cause the repair to be made and the cost of repair, together with reasonable administrative costs, shall become a lien against the property. Time Limit of Policy: This policy shall be in effect for the Fiscal Year 1993-94 and thereafter be reviewed for extension, modification, or replacement. Legal Responsibility: The City of Dublin, in adopting this policy, does so as an accommodation to property owners who find it difficult to hire their own contractors to make these necessary sidewalk repairs. The city will let one contract for the 1993-94 Fiscal Year and repair those defective sidewalks which have been brought to the attention of the City by the property owners (or others) and that have an offset of over three- quarters inch (3/4") measured vertically. The existence of this program does not abrogate the responsibility of the property owners to maintain their frontage improvements in a safe manner under Section 5610 of the California Streets and Highways Code. a:sidewalk~93policy RESOLUTION NO. -94 A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DUBLIN ESTABLISHING A POLICY FOR THE REPAIR OF pUBLIC IIdPROVEI~ENTS DEEI~IED TO BE PEDESTRIAN HAZARDS (PROPERTY OWI~R-FUHDED REPAIR PROGRAM) WHEREAS, public improvements such as curbs, gutters, driveways, and sidewalks sometimes become damaged due to natural and man-made causes; and WHEREAS, these damaged improvements sometimes become tripping hazards to pedestrian traffic; and WHEREAS, it is in the best interest of safety to have these hazards eliminated; NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Dublin establishes a policy of the City of Dublin for Fiscal Year 1993-94 entitled "Annual Sidewalk Repair Program." PASSED, APPROVED AND ADOPTED this 14th day of February, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:sidewalk~94reso POLICY FOR TH~ CITY OF DUBLIN ANNUAL SIDEWALK REPAIR PRO~RAM for Fiscal Year 1993-1994 It is the policy of the City of Dublin to cause repairs to be made to certain public improvements for the safety of the general public under the following guidelines. Improvements Included: Public improvements included under this program shall be limited to those improvements which may constitute a potential tripping hazard to pedestrian traffic such as curbs, gutters, driveways, and sidewalks. Need: Where these improvements have settled, heaved and/or cracked and offset such as to represent a tripping hazard as identified by the City Engineer, or his representative, these improvements shall be removed and replaced to the City of Dublin standards. Res onsibilit : It shall be the responsibility of the property owner(s) to repair or pay for the cost of repair of damaged improvements for those improvements directly adjacent to the property. Procedures ~J 1) The City will identify the hazardous locations through complaints and/or a physical survey of the pedestrian improvements. 2) The City will notify the property owner(s) in writing of the hazard(s) and make available the options for repair. 3) If no response is made to the City from the first letter within 14 calendar days (from mailing), then the City will send a second notice by registered mail. 4) If no response is made to the City from the second notice within an additional 14 calendar days (from mailing), then the City will proceed to perform the work at a schedule convenient and cost effective to the City. ODtions The property owner(s) notified of the need to repair pedestrian improvements will have the following options and costs: 1) Hire a licensed contractor to make the repairs, or if skilled, do the work himself/herself within 40 calendar days of the date of the notice. The property owner or his/her contractor shall be required to take out an encroachment permit for performing the work. The fee and bonding for the encroachment permit shall be as listed in the City's latest fee resolution for encroachment permits. February 14, 1994 1994 Sidewalk Repair Policy Page 2. 2) 3) Authorize the City to have the work done and pay for the work in advance. The administration fee for this case shall be $30. Refuse to do the work or to authorize the City to do the work. The City will then do the work and bill the property owner. If the property owner pays the invoice within 20 calendar days, then the administration fee will equal that listed in the encroachment fee resolution for the work involved. If the property owner does not pay the invoice, then an additional administrative cost of $50 will be added to further processing up through the filing of a lien on the property, plus a collection fee levied by Alameda County. a:sidewalk~94policy CONCORD S~N LE~NDRO LIVERMORE CITY RESPONSIBILITIES: Where city right-of-way trees have caused damage. Curb, gutter & sidewalk repairs on curb returns at corner lots. Sidewalks and park strips that front City buildings and City property. Sidewalks and park strips that front City buildings and city property. Dead and hazardous trees. PROPERTY OWNERS RESPONSIBILITIES: REPAIR POLICY/ COST SHARING: General condition of sidewalk and curbs. General condition of sidewalk & curbs (park strip) repair only if: 1. Prevents or interferes with sidewalk repair 2. In an area of high pedestrian 3. Defects that may cause a risk of public safety. Owner may: * 1. Complete repairs himself. * 2. Hire a licensed contractor ** 3. Have City contractor do repairs. * Must get encroachment permit & meet standard specifications. Owner pays 100% of repairs. ** If owner occupied single-family dwelling, and owner authorizes the repairs by City contractor, the City will pay 50% of the homeowner's repair costs. NOTE: Rentals & Businesses are Owner may: * 1. Complete repairs himself. * 2. Hire licensed contractor. ** 3. Have City contractor do repairs. * Must obtain encroachment permit & place deposit for 4 hours inspector's time. Unused portion will be refunded. ** Includes permit & inspector's time. NOTE: City will pay 50% for tree root related damage only. All other repairs are at the lO0& responsible for repair costs, owner's expense. Page 1. General condition of sidewalk and curbs. Owner may: * 1. Complete repairs himself. * 2. Hire licensed contractor. ** 3. Have City contractor do repairs. * Must obtain encroachment permit at no cost and meet standard specifications. ** Includes permits. NOTE: City will pay 50% of homeowner's repair bill if City contractor is used. $1,000 cap on what homeowner ls to pay. PAYMENT ALTEP~NATIVES: NOTICE PROCEDURES: CONCORD SAN LEANDRO LIVERMORE · Pay cash to city after work · Pay cash to City after work completed, completed. · Repair costs placed on property · Bill will appear on property owner's tax bill to be paid in · City will finance the cost over interest, interest. interest rate. Cost + interest will be included in property tax. · Property owners 62 years & older can have the cost, including interest added as a lien to the property to be paid off at the time of change in property title. · Written notice to property owner · giving them 30 days to complete work or authorize city to perform repairs · · After 30 days City will arrange for work to be done and property owner will be responsible for full cost of repairs. · Process of notification, public · hearing, etc, as required by Government Code, is followed in levying the assessment. Notices sent to property owners giving them 2 weeks to choose one of the repair options. After work is completed and before bill is sent, property owner receives notice of public hearing to hear objections or protest costs of repair. Property owners with unpaid bills are sent warning about lien on property. · Pay cash to city after work completed · If property owner fails to pay within 5 days, the city adds amount to property tax bill. · Notice of sidewalk repair is given to property owners with various options for repairs. · After 3 weeks, owner is sent "Notice to Repair" by certified mail. · city completes work & sends "Cost of Repair" letter to owner. · "Notice of Cost of Construction" & copy of "Report of Cost" is sent to property owner. · Second notice is sent 7-10 days after first notice. · Council hears protests. · Property owner pays bill, or bill is added to property tax. Page 2. CONCORD LIVEP~MORE COMMENTS: · Program is very Staff intensive. · Full time PW sidewalk inspector is employed. · Make sure that same person who · makes initial contact with property owners is same person · who inspects project when done. Approach to property owners most important. · Arborist was employed to make · recommendations where trees and tree roots were a factor. · 100% participation by property owners in City's 50/50 program. · Inspector,s time was part of' program and was not added to property owner's bill. · Sidewalk repair criteria is standard with most cities. Program is very Staff intensive. · Full time PW sidewalk inspector is employed. 50/50 Program covers only tree · root damage to sidewalks & curbs.g Repairs are completed about every 3 months after a number of · complaints and inspection notices are sent. Sidewalk repair criteria is · standard with most cities. Program very Staff intensive. Full time PW sidewalk inspector is employed. No fee for PW inspectors. Utility-caused damage is picked up by City. Inspector most important part of program, must be able to communicate w/property owners Generates lots of paperwork in notices, second notices, contractors, etc. Sidewalk repair criteria is standard with most cities. Page 3.