HomeMy WebLinkAboutReso 11-04 EstPlcyPubImpPedHzrd RESOLUTION NO. 11 - 04
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 2003-2004 entitled "Annual
Sidewalk Safety Repair Program".
PASSED, APPROVED AND ADOPTED this 20th day of January, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Mayor Pro Tempore Zika
NOES: None
ABSENT: Mayor Lockhart
ABSTAIN: None
~Mayo~: Pro~np~re'
ATTEST:
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K2/G/1-20-04/reso-sidewalk-policy.doc (Item 4.5)
G: IM/tlNTENANCE PROJECTS~SIDEW2tLK~2003-2004~p,E$O policy.DOC
EXHIBIT "A" OF RESOLUTION ]{ -04 : ....
POLICY FOR THE CITY OF DUBLIN
ANNUAL SIDEWALK SAFETY REPAIR PROGRAM
Fiscal Year 2003-2004
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 citY Engineer, or her 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, the City Engineer 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 2003-2004 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 2003-2004 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 of
an 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.
G:~MAINTENANCE PROJECTSISIDEWALKq2OO3-2OO4lpolicy FY 02-03.doc