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HomeMy WebLinkAboutReso 018-94 PedestrianHaz 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 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 A~D 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 ~HE CItY O~ DUBLIN ANNUAL SIDEWALK REPAIR PROGRAM 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. ResDonsibilitV: 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