HomeMy WebLinkAboutReso 90-15 Public Improvements Repair Policy RESOLUTION NO. 90 - 15
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 occasionally 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, attached hereto as Exhibit A, of the City of Dublin for Fiscal Year 2014-
2015 and 2015-2016 entitled, "Policy for the Repair of Public Improvements Deemed to be
Pedestrian Hazards — City of Dublin Annual Sidewalk Safety Repair Program Fiscal Year 2014-
2015 and 2015-2016"
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote:
AYES: Councilmembers Biddle, Gupta, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
avrii
Mayor
ATT T:
City Clerk
Reso No. 90-15, Adopted 6-2-15, Item 4.9 Page 1 of 1
EXHIBIT "A" OF RESOLUTION 'IC' -15
POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO
BE PEDESTRIAN HAZARDS - CITY OF DUBLIN
ANNUAL SIDEWALK SAFETY REPAIR PROGRAM
FISCAL YEAR 2014-2015 and 2015-2016
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 tripping hazards as identified by the Public Works Director, or a 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 Public Works Director shall establish a procedure whereby the property owner
will be notified of the needed repair, and if not done in a specified reasonable time, the Public
Works Director shall cause the repair to be made and the cost of the repair, together with
reasonable administrative costs, shall become a lien against the property.
Time Limit of Policy:
This policy shall be in effect for Fiscal Year 2014-2015 and 2015-2016 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 to
make these necessary sidewalk repairs. The City will let one contract for the repair of 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 of an inch (3/4") measured vertically,
within the budget available to do so. 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. Property owners and
persons in possession of property are required to maintain adjacent public sidewalks in a safe
condition per Dublin Municipal Code Section 7.04.420 of Article 4, Chapter 7.04 of Title 7.