HomeMy WebLinkAboutOrd 20-05 SidewalkRepair
ORDINANCE NO. 20 - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7 OF THE
DUBLIN MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS AND PERSONS IN
POSSESSION OF PROPERTY TO MATNT AIN ADJACENT PUBLIC SlDEW ALKS IN A SAFE
CONDmON, DEFINING THE FAILURE TO SO MAINTAIN PUBLIC SIDEWALKS AS
NEGLIGENCE, AND MAKING PROPERTY OWNERS AND POSSESSORS OF PROPERTY
LIABLE FOR FAILURE TO MAINTAIN SIDEWALKS, AS PROVIDED FOR IN THE
CALIFORNIA STREETS AND HIGHWAYS CODE
RECITALS
WHEREAS, Sections 5600 et seq. of the California Streets and Highways Code authorize local
governments to require the owners of property adjacent to public rights-of-way, or the persons in
possession ofsuch property, to maintain the sidewalks adjacent to their property in a condition safe for
members of the public, Failure to maintain such sidewalks in a safe condition may be defined as
negligence, and property owners and those in possession of subject property may be held liable for any
personal injuries or property damage that results. Provisions of state law, referred to below, also allow for
the City to recover the costs of perfonning that maintenance function for property owners and those in
possession of such property.
WHEREAS, the City of Dublin has determined that Dublin Municipal Code Section 7,04,020
should be amended to ensure that publicly accessible sidewalks with the public right-of-way are
maintained in a condition that is safe for use by the public, and
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section L Section 7.04.420 of Article 4 of Chapter 7,04 of Title 7 ofthe Dublin Municipal Code is
hereby amended as follows:
7,04.420
Repair of Sidewalks.
a,
Definitions.
i. "Maintenance and repair of sidewalk area" includes, but is not limited to,
maintenance and repair of surfaces including grinding; removal and replacement of sidewalks; repair and
maintenance of sidewalks; repair and maintenance of curb and gutters; removal of impervious paving
materials ITom street tree planting strips, or other right-of-way landscape planters; removal of weeds
and/or debris; tree root pruning and installing root barriers; trimming of shrubs and/or ground cover and
trimming shrubs within the area between the property line of the adjacent property and the street pavement
line, including planting strips and curbs.
i1. "Sidewalk" shall have the same meaning as in section 5600 of the California Streets
and Highways Code, as it may hereafter be amended,
b. Maintenance and Re.pair of Sidewalks.
1. Obli~ation to reoair and maintain. The owners oflots or portions oflots adjacent to
or ITonting on any portion of a sidewalk area between the property line of the lots and the street line,
including landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession
of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas in a condition
that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will not
interfere with the public convenience of said sidewalk area. The owners shall also pay the costs and
expenses therefore. All work performed within the PubHc Right of Way requires an Encroachment Pennit
pursuant to Chapter 7, Section 7.04.390 of the Dublin Municipal Code,
When, during the course of a development project's lifetime, it is necessary to remove or
reconstruct public street improvements (i.e., curb, gutter, sidewalk), such improvements shall be
reconstructed to preserve or reestablish any previously existing landscape planter, when certain landscape
improvements have been included in the Planned Development (PD) Properties subject to PD restrictions
shall preserve existing street trees and other landscaping to the extent possible, or shall install new
landscaping subject to the review and approval of the City Engineer,
Subsequent to adoption of this article, any unauthorized work conducted within the public right-of-
way landscape areas shaH be brought into conformance with the intent and provisions of this article, and
other applicable provisions of the Dublin Municipal Code pertaining to encroachments on City property,
Such unauthorized work shall constitute a violation of this article and is punishable as an intraction.
c, Recovery ofCitv's Costs of Sidewalk Maintenance and ReoaÎr. Anything in this article to
the contrary notwithstanding, with respect to maintenance and repaiT of sidewalk areas and the making,
confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the City
may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of
the state as the same is now in effect or may hereinafter be amended to recover costs Ît incurs in
maintaining and repairing sidewalks, The required maintenance and repairs of sidewalk area must
commence within 30 days of notification. Costs recoverable by the City may include a charge for the
City's costs of inspection and administration whenever the City awards a contract fm such maintenance
and repair and including the costs of collection of assessment for the costs of maintenance and repair or
the handling of any lien placed on the property due to the failure of the property owner to promptly pay
such assessments.
While maintenance and Tepair costs ultimately remain the property owner's responsibility, a portion
of the City's annual budget is allocated for sidewalk repair and the City may choose to permanently repair
certain sidewalks with such money,
d, Liability for Iniuries to Public. The property owners oflots or portions oflots ITonting on
or adjacent to any portion of a street or any portion of a sidewalk area between the pTOperty line of the lots
and the street line, and any persons in possession of such lots by virtue of any permit or right, shall owe a
duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous
condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a
non-dangerous condition is negligence. If any person suffers injury or damage to person or property as a
result of the property owner or possessor to maintain or repair the sidewalk areas as required by this
article, the property owner or possessor of property shall be liable to such person for the resulting damages
or injury.
e, Notice ofRenail', Whenever a portion of the sidewalk needs repair 01' endangeΠthe
public's use of such sidewalk, the person whose job it is to maintain streets shall notifY the owner and
person in possession that such sidewalk needs repair in the manner provided in Health and Safety Code
Sections 561l~5614, If the own.er does not fix the sidewalk within 30 days, the City will fix the property
and all costs may become a lien upon the property, pursuant to Dublin Municipal Code 7.04.470.
Section 2.
Severability,
If any portion of this ordinance is determined by a court of competent jurisdiction to be illegal, it
shall be severed trom this ordinance and all other portions of the ordinance shall remain in full force and
effect, The City Council declares that it would have adopted each and every section ofthis ordinance
separately, even if it had not adopted any other section.
Section 3,
Effective Date and Postina.
This Ordinance shall take effect and be in force thirty (30) days fTom and after the date of its final
adoption by the City Council. The City Clerk of the City of Dublin shall cause this Ordinance to be posted
in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code ofthe State of California.
PASSED, APPROVED, AND ADOPTED on this 16th day of August, 200S, by the foHowing
votes:
AYES: Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
A~~
City Clerk
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