HomeMy WebLinkAboutReso 007-89 PedHazPolicy RESOLUTION NO. 7 -89
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
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 by the City Council of the City of
Dublin to establish a policy of the City of Dublin for Fiscal Year 1988-89
entitled "Annual Sidewalk Repair Program."
PASSED, APPROVED, AND ADOPTED this 23rd day of January, 1989.
AYES:
Councilmembers Hegarty, Jeffery, Snyder,
Vonheeder and Mayor Moffatt
NOES: None
ABSENT: None
Magor
ATTEST:
POLICY FOR THE CITY OF DUBLIN
for Fiscal Year 1988-89
ANNUAL SIDEWALK REPAIR PROGRAM
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 or utility trench settlement, 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 1988-89 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
1988-89 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 one half inch (1/2") 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.