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HomeMy WebLinkAboutAgenda Report - October 5, 2005 K-02AGENDA ITEM A07% 4ft CITY OF LODI COUNCIL COMMUNICATION 7M AGENDA TITLE: Adopt Resolution Approving Proposed Sidewalk Maintenance Policy and Provide Direction to Staff as Needed MEETING DATE: October 5, 2005 PREPARED BY: Public Works Director RECOA ME14DED ACTION: That the City Council adopt a resolution approving proposed sidewalk maintenance policy and provide direction to staff as needed. BACKGROUND INFORMATION: At the March 22, 2005 Shirtsleeve Session and the regular City Council meeting on August 17, 2005, discussion took place regarding sidewalk installation and maintenance policies. At Council direction, the two issues are being brought back separately. Staff has compiled the following recommendations for implementation regarding maintenance. The goats of the recommended changes are to: Improve the City's sidewalk system to encourage walking and improve safety by reducing the number of defects in the sidewalk • Improve the sidewalk system for persons with disabilities • Reduce the City's liability exposure and cost • Utilize opportunities provided by State law to place costs with the appropriate party • Develop a procedure that is efficient to administer Staff Policy Recommendation: • Revise the Municipal Code to place maintenance liability responsibility on the property owner. This would include driveways and curb and gutter. • Provide City grant funding for maintenance work with a 50% grant for locations affected by a City tree. Other locations would be at the property owner's expense. • Adopt a standardized payment/deferral program with the following elements: o Waive encroachment permit fees for property owners who undertake maintenance work without requiring formal notice o Allow payments for up to one year without interest if property owner agrees to pay o Allow deferral until time of transfer of ownership (with interest) for low-income property owners o Authorize the City Manager to file liens with the County Assessor and/or Tax Collector as applicable per the above agreements APPROVED: /`�_ — �:Q Blair King, ity Manager J 1POLICY1CSidewaikMainten2ncePolicy2005.doc 9/2x/205 Adopt Resolution Approving Proposed Sidewalk Maintenance Policy and Provide Direction to Staff as Needed October 5, 2005 Page 2 Additional Background Information The existing Public Works Department Curb, Gutter and Sidewalk Repair Policy was adopted in 1995 (Resolution No. 95-48) and subsequently amended in 1999 (Motion/Action May 5, 1999). A copy of the current policy is provided as Exhibit A. The policy primarily focuses upon repair and maintenance activities and has some deficiencies pertaining to driveways and responsibility for repairs following injury claims. It does not take into account recent court decisions regarding liability. The section on downtown basement encroachments is unchanged from its addition in 1999. On sidewalk maintenance and liability, the Streets and Highways Code sets up a statutory procedure for the economic obligation for maintaining sidewalks to fall to the property owner. Under the Streets and Highways Code, the City may compel abutting property owners to maintain sidewalks free from dangerous conditions. Recent court cases have established that property owners are responsible for sidewalk maintenance and liability provided City Ordinance establishes this condition. City maintenance efforts have averaged approximately $100,000 per year for the past five years. On average, the City has paid $20,000 per year for trip -and -fall claims. However, recent claims will raise this average. Budgetary constraints lead to the recommendation that sidewalk maintenance efforts be increasingly shifted to the property owners as allowed by State law. A memo from the City's Risk Manager describing this issue in more detail is attached (Exhibit B), along with copies of applicable State law (Exhibit C). Following Council approval of the policy, the ordinance will be brought back for adoption. The proposed policy is attached (Exhibit D). FISCAL IMPACT: Street Fund (Annual Amount) — $25,000 based on the amount included in the current FY budget. There would be a long-term reduction in liability and maintenance costs. FUNDING AVAILABLE: Per budget process. es R. Krueger, Finance Director Richard C. Prima, Jr. Public Works Director RCP/pmf Attachments J,IPOLICYICSidewalkMaintenancePolicy2005.doc 0/2812005 CITY OF LODr, PUBLIC WORKS DEPARTMENT Exhibit A STREETS -6 I CURB, GUTTER & SIDEWALK REPAIR POLICY 1 515/99 Resolution 96-48 adopted by the City Council at its meeting of April 5, 1995-- L N_Q_fME AND ACTIQLJ A. Property owners or tenants have the responsibility to report to the City of Lodi all defective curb, gutter and sidewalk fronting their property, (For purposes of this Policy, sidewalk includes portions of driveways within the right of way,) B. The Street Superintendent will inspect and classify sidewalk repairs for action per this Policy. Generally, offsets or other defects less than 314" are considered minor and require no further action, H. SIDEWALK—RE2AIR A. 1EAjELLRAF _Y PAICUJNQ - The City shall place a temporary patch on sidewalks where there, is 3/4" - 1 1/2" vertical offset or minor irregularities. This will be done at no charge to the property owner. The property owner or tenant has the responsibility to notify the City of any Change in the condition of the sidewalk or the patched area. B, :$jDEWll�iC � � AC M� - When vertical offset is greater than 1 1/2", sidewalks shall be processed for removal and replacement on a priority basis. These areas will also be temporarily patched until replaced. 1. Sidewalk replacement at City expense is done under the following conditions, a. Damage caused by City -maintained trees. (City -maintained trees are only those trees located in the parkways, between the curb and sidewalks or those fronting City -owned property.) b. Damage due to City utility cuts c. Damage due to heat expansion 2. Property owner shall replace sidewalk where the hazardous condition is caused by something other than the above categories. The property owner shall have a licensed contractor do the work within a prescribed time. If, after formal notice by the City, the repairs are not completed within that time, the City shall make the repairs and assess the property owner. in. ciEB--Ail -D.-G-UIIER-AIA-!NT -E-NAN-C-,E A. Curb and gutter which is damaged by City -maintained trees, City utility cuts or heat expansion will normally be replaced by the City at the time damaged sidewalk is replaced or with street improvement projects. B, Curb and gutter which is damaged by property owner's trees shall be replaced by the property owner at their expense. PPSTRT06 05/2119q CURB, GUTTER & SIDEWALK REPAIR POLICY IV. :fREE-MAINTENANCE STREETS -6 Page 2 of 2 A. The City shall be responsible for root surgery on all City -maintained trees where it is required. City shall remove City -maintained trees when required under City's adopted 'Free Policy. This work will be done in conjunction with the replacement of the sidewalk and/or the curb and gutter, B, Root surgery on privately -owned trees is the responsibility of the property owner. Adopted by the City Council by motion action at its meeting of May 5,1999 - YS I D_A&_ME _T N �RQA H�MT� EWAUI3 _A/ _N A, New basement encroachments into the sidewalk area are prohibited. B. Existing basement encroachments shall either be abandoned by the property owner or be covered by an encroachment permit, issued administratively, in which the property owner assumes maintenance responsibilities and provides standard insurance coverage and certificates, G. When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of a capital improvement project, or under the maintenance conditions described in the City's sidewalk repair policy, the City shall bear the cost of resetting serviceable basement access doors. The property owner shall provide a new door set, if necessary, and a structural "roof' for additional basement encroachments on which the City can install sidewalk. As an option, if the property owner elects to have a basement access/encroachment abandoned, the City will remove the access, backfill, and replace sidewalk and pay for the necessary wall at the building foundation. D. When the City initiates replacement due to conditions which are the property owner's responsibility under the maintenance conditions described in the City's ,sidewalk repair policy, the property owner shall bear all costs for repairs except if the property owner abandons the basement access, then the City will participate as In C) above. E_ The City Manager may authorize a one-time replacement of basement access doors, at City expense, in conjunction with circumstances described above within Zone A-1 of the Lodi Central City Revitalization Assessment District, 95-1, provided the property owner compfies with Section B above, I 4L� Richard C. Pr�ma, Jr' "'--) Public Works Director RCP/Im E��ailait 1i MemorandumCity of Lodi 1- urian Resources Department TO: City Council THROUGH: : Blair Ding, City Manager FROM: Dirk Evans, Risk Manager HATE- August 17, 2005 SUBJECT: Sidewalk Maintenance and Liability The following memo was seat to City Council March 0, 200. S -1 am including this with the August 17 Council Communication regarding sidewalk maintenance issues as supplemental background information: Given Haat City Council conducted a shirtsleeve session 312212005 on the subject of sidewalk policies, you may find of interest the following information regarding sidewalk maintenance and liability. It is anticipated that at some, point in the future City Council may want to take further action on this matter. In 1941, the State of California enacted Streets and Highways Code section 5610, which states in pars;: "The owners of lots... fronting on any portion of a. public street...shall maintain any sidewalk in such. condition that the sidewalk will not endanger persons or property and mallitai.€a it in a condition which will not interfere with the public con.venience..." Section 5610 describes a process whereby the designated Streets Superintendent may notify a property owner to repair a dainaged sidewalk. If repairs are not made, the Streets Superintendent can perform, the work and, after a hearing held before City Council, a lien may be placed on the property for the cost of repairs, Section 5610 is valuable insofar as it provides a financing rneclianism for the repair and maintenance of darnaged sidewalk areas ("sidewalk" is defined as a parr or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining ~galls or other works for the protection of any sidewalk). However, section 5610 does not change the common law as it pertains to liability for personal injuries occurring can a sidewalk. For many years, cities throughout California assi,uned the section. allowed cities to transfer liability to property owners. It does not. It imposes a duty on the part of the property owner to the city to maintain a sidewalk. It does not impose liability on the property owner should someone be injured on that sidewalk. The City of San Jose's experience changed that incorrect assumption. Through a series of court cases, the City of San .lose learned that liability cannot be imposed on property owners via Streets and Highways Code section 5610. Liability can however be imposed through adoption of a properly worded ordinance. The City of Sana .loss: therefore designed, and in April. 1990 adopted, a sidewalk repair and maintenance ordinance. The key element of Sara Jose's ordinance is: 14.1.6.2.205 - Liability for injuries to public. The property owner reguired...to maintain and repair the sidewalk area shall owe a duty to members of the public to beep and maintain the sidewalk area in a safe and nonadangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a taondanagerons condition...any person suffers injLuuy or darnag;e to person or property, the property owner shall be liable to such person for the resulting danaag;es or injury. The ordinance expressly provides Haat property owners owe a dirty of cane to members of the public to keep and maintain sidewalk areas ire a safe, noxa -dangerous condition. In December 2004, the California Appellate Sixth District Court upheld the validity of Sara Jose's ordinance finding in part that the imposition of a duty of care on are abutting; landowner serves an important public purpose by providing property owners with an incentive to maintain the sidewalks adjacent to their property in a safe condition. The court's ruling that the ordinance is valid -- in effect, makes it an even stronger tool for use by cities throughout California. The court further held that carr Jose's ordinance does not absolve the city of responsibility for dangerous conditions on a public sidewalk, rather, it provides are additional level of responsibility for the maintenance of safe sidewalks on the owner whose property is adjacent to and abuts the sidewalk. If, for example, a city were to receive actual notice, or in some instances constructive notice, of a truly dangerous condition and do nothing about it, then the city could still be deerned liable for a portion of the overall liability assessed.. Nevertheless, the establishment of this ordinance does accomplish the following: The creation of the potential for liability provides an additional incentive for• property owners to repair sidewalk areas. Property owners are in the best position to assess the condition of sidewalks on a day-to-day basis. Paying the relatively low cost of sidewalk repair today suddenly appears attractive when compared to the costs which might be presented by an injured pedestrian tomorrow. The existence of such an. ordinance virtually ensures participation of the adjoining; property owner's insurance carrier towards settlement of trip -and -fall claims. This would minimize pay -outs on the part of the City of Lodi. Even if an injured pedestrian fails to file suit against the property owner (claims/suits are usually fled against the City) the 2 City can now cross -complain against the property owner, thereby implicating tile property owner's insurance policy. For the foregoing reasons, Council may want to consider adoption of a similar ordinance. I would like to add the iollmrvi� cc��n��r�ts Hca am 1llaa�cla� 3(3 IVTetnst� andt�ttl The Streets Divisiou of the Public Works Department conducts regular surveys of sidewalk infrastructure throughout the City. Since 1993 the Division has treacle a concerted effort to roduce the number of sidewalk defects from a court of 12,000 - to 4,000 today. Deep in mind that detects can be as little as a half inch deflection. Not only does the Division. conduct a proactive repair program (as evidenced by the significant reduction in defects), they also ensure repairs are offected by the adjacent property owner whenever the City receives notice of a dangerous sidewalk condition. However, at the present time, with regard to the 4,000 current defects, homeowners are not notified they must repair defects resulting f orn some condition of their property, e.g. roots front a. tree located on the owner's property pushing the sidewalk slab upward and causing a deflection. By notifying property owners of the condition of the sidewalk adjoining their property, as well as their obligation to make repairs, the City would increase the rate at which these defects are removed from City sidewalks. This would require Treater time and effort on the part of Streets Division staff. The benefits of this effort would be a decrease in general liability trip and fall claims while elimina.tittg expense on the part of the City for labor and materials deeded to actually repair these sidewalks. 3 CA Codes (shc:5600-5602) STREETS AND HIGHWAYS CODE SECTION 5600-5602 5600- As used in, this chapter "sidewalk" includes S.tZip mairstained in the area between the property street line and also includes curbing, bulkheads, other works tor the protect --ion of auy sid1(--,,wo1A oz: parking strip. ffx: :hi bi =tC a park or parking line and the retaining walls or ut. azl,.v such part or 5601. This chapter shall only apply to maintenance and repair proceedings, wbot-her upon work originally done under this division ar otherwise, and shall not be used for the construction of new imp.rove-alents. The "Special Pssessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to proceedings taken under this chapter. 5602. ThiN chapter consriuuLes a separace and alternate procediire for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder. i-ttp://www.Ie€itifo.c�i.gov...fdistlaycode'?section;=shc&group=05001-06000&fiie=5600-560 9/16/2003 CA Codes (shc,5610-5618) STREETS AND HIGHWAYS CODE SECTION 5610-5618 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent pa:ope:rty and the street line is maint.ained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use Of those works or areas save dad except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in re .anon thereto. 5611. When any portion of the sidewalk is out of repair or pending recorzstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on ghat portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of, not less than 8 inches by 10 inches in size, to be posted a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may. not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second nor -ice shall otherwise contain the material required by this article, but shall not, extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done. and how it is to be done, and what materialz shall be used in the repair and shall further specify that if the repair is not commenced wit-hin t-wo weeks after notice is given and diligently Pag 1 ul"3 http://www,le0 (,info,ca.,,ov..,�displ,,iycode?se,ction=sfic&aroup=05001-06000&file=5610-561 9/10/2003 Z�� =1 CA Codcs (slic:5610-5618) and without interruption prosecuted of streets shall make such repair, a lien on the property. to completion, the Superintendent and the cost of the same shall be 5614e1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In Stich event, the notice to repair shall specify that bonds shall be issued to represent the security of "he unpaid assessments, payable over a period of not to (-xceedl s:; -x and 5�ha,3 further -r�-.cite �l maxijm,)m rate, of- intcrero- to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615, if tJie repair is not commenced and prosecuted to completion Frith clue diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk, Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment rail of the city, or as shown in the records of tine office, of the c7_<-rk, the superinLen&-nt may repair any other portion of the sidewalk fronting on the property that ,is designated by the owner. The superintendent shall have Power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to Lhif, chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. 5616, upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to r . epair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the si,iperintendent of streets of the cost of the repair together with any o . bjections or protests, it any, which may be raised by any property owner liable to be assessed for the cost; of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614,1. 5617, Upon the completion of Lhe repair, the superintendent- of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels Of Property, whether contiguous to each other or not - 561B, Upon the day and hour fixed for the hearing the legislative body shall, hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons, Thereupon the legislative body may make such revision, correction or modificatAons Page 2 of 3 1 http://www,le-info.ca.c,ov,.,Idist)l,iycodc?sectioii=shc&group=05001-06000&flle=5610-561 9/16/2003 91, 0 CA Codes (shc:5610-5618) in the report as it may deem just, atter which, by motion or resolution, the report as submitted, or as revised, corroded or modified, shall be confirmed. The legislative body may adjourn the hearings from Lime to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and cor)clusive. Page 3 of 3 littp://www.legint-'o.ca.gov,.,Idi.splaycocie?section---shc&gi-oup=05001-06000&file=5610-561 9116/2003 CA Codes (shc:5625-5630) STREETS AND HIGHWAYS CODE SECTION 5625-5630 5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such ropail was made, and such cost so assessed, it not paid w ithin five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of Property, and shall be a lien an the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. 5626. The 5uperinucndent of streets may file in the office, of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the alithority vested in me by the improvement Act of 1911, 1 did, on the — day of —, 19_ cause the Sidewalk, Curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, arid the legislative body of said city (county, or city and county) did, on the —_ day of _ 19— by Resolution No. _ assess the cost of such repair upon the real propQrty hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of -._ dollars ($__), and the same shall be a lien upon said real property until the said sum, with interest at the rate of -_ percent per annum, f.�om the said — day of —, 19_ (insert date of confirmation of assessment), has been maid in full and discharged of record. The real property hereinbefore meationed and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of .,_, State of and particularly described as foliows: (Description of property) Dated this -_ day of __, l9__. Superintendentof streets 5627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The :statute of limitation shall not, run against the right of the city to enforce the payment of the lien. if any such lien is not paid the city may file and maintain 4n action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division, Page I of 3 tittp://www,leginfo.ca.gov ... /displaycode?section=shc&group=05001-06000&filc=5625-563 9/16/2003 CA Codes (shc.5625-5630) 5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. if city taxes are collected by the county official.-, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all othertaxesthereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization, 5628,1. The legislative body shall have Che power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balaace at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code, Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. 5629, Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure tinder foreclosuTo and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable Uo such special assessment taxes. 5629.1. It bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in c . ash stated therein shall be 30 days following the date of confirmation of the report- Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the race permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. Page 2 of 3 littp://www,ieginfo.ca.go.v,..Idisplaycodc?scction=,shc&group=05001-06000&file=5625-563 9/16/2003 CA Codes (shc:5625-5630) 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter Vies within one city or unincorporated terzitory of a county, and the sidewalk required to be so maintained and repaired lies within another city or u4incorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a COL11-Ity, The lagi,�,IaLive body of the ciity or county within which Ole, sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding I -,he fact: that said property lies within another city or unincorporated territory of a county and said assessment shall. be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. The provisions of Sectiois 5628 and 5629 of this code shall be applicable to the collection and enforcement of al -I liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer or" the city or county as 1'he case may be which conducted the proceedings. Page 3 of 3 http://www.Ic-info,cgi-gov..,Idispi4lyco(le?section=siic&<,l-oup=05001-06000&fi]e=5625-563 9/16/2003 NaMm Resolution xx-xx adopted by the City Council at its meeting of September 7, 2005, GOALS - The gqgLsof this oliG are tq: a) Improve the City's sidewalk system to encourage walking and improve safety by reducing the number of defects in the sidewalk b) Improve the sidewalk system for persons with disabilities c) Reduce the City's liability exposure and cost d) Utilize opportunities provided by State Jaw to place costs with the appropriate party e) Provide for procedures that are efficient to administer it. NOTICE AND ACTION a) Property owners and tenants have the responsibility to report to the City of Lodi all defective curb, gutter and sidewalk fronting their property. (For purposes of this Policy, sidewalk includes portions of driveways within the right of way.) b) The Street Superintendent will inspect and classify sidewalk repairs for action per this Policy. Generally, offsets or other defects less than 3/4" are considered minor and require no further action except at locations where trip/falls occur which will be processed for repair/replacement. Ill. SIDEWALK MAINTENANCE a) LIABILITY — Public liability for sidewalk (including curb, gutter and driveways) maintenance rests with the property owner per LMC §xx-xxx. b) TEMPORARY PATCHING — The City shall grind or place a temporary patch on sidewalks where there is 3/4" - 1 112" vertical offset or minor irregularities as part of its regular maintenance program. This will be done at no charge to the property owner (up to three times, after which replacement is required). The property owner or tenant has the responsibility to notify the City of any change in the condition of the sidewalk or the patched area. c) BEPLACEMENT — When a vertical offset in sidewalk is greater than 1 1/2", the location shall be processed for removal and replacement. These areas will also be temporarily patched until replaced. Curb, gutter and driveways shall be replaced as necessitated by adjacent sidewalk work or if offsets are causing extended water holding or present a hazard and is entirely the responsibility of the property owner except as in d) below. Driveways shall not be modified to include pipes, fill or similar use of the gutter. Gutter encroachments existing as of the adoption date of this policy may remain provided they are maintained to not impede water flow, street sweeping or pose a hazard to the public. d) CITY COST PARTICIPATION — The City will provide 50% of the cost of repairs in cases where a tree within the public Right of Way has caused the damage. IV. TREE MAINTr:P11At11r-r- a) The City shall be responsible for root surgery on all City -maintained trees where it is required. City shall remove City -maintained trees when required under City's adopted Tree Policy. This work will be done in conjunction with the replacement of the sidewalk and/or the curb and gutter. PPSTRT06MA1NTENANGE 2005 DOC 08123105 b) Root surgery on privately -owned trees is the responsibility of the property owner. V. FEES PAYMENT & DEFERRAL a) Encroachment permit and administrative fees will be waived for property owners who undertake maintenance/replacement without formal notice. Fees are applicable to cases in which the City (or its contractor) does the work and processes formal notices. b) The City will advance funds for installation or maintenance without interest if the property owner agrees to make payments over the course of 12 months and upon execution of a written payment agreement with the City. c) Property owners meeting low-income eligibility per the City's utility discount program (SHARE) may elect to defer maintenance costs until transfer of ownership with execution of a payment agreement. Fixed interest on the amount owed shall be established at the then -current Local Agency Investment Fund rate and accumulated interest shall be capped at 100% of the principal. d) The City Manager is authorized to establish procedures to implement this policy and to execute payment agreements pertaining to this policy and to file liens and assessments with the County Tax Collector and/or Recorder as appropriate to secure payment. Vt. SIDEWALK/BASEMENT ENCROACHMENTS a) New basement encroachments into the sidewalk area are prohibited, b) Existing basement encroachments shall either be abandoned by the property owner or be covered by an encroachment permit, issued administratively, in which the property owner assumes maintenance responsibilities and provides standard insurance coverage and certificates. c) When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of a capital improvement project, the City shall bear the cost of resetting serviceable basement access doors. The property owner shall provide a new door set, if necessary, and a structural "roof" for additional basement encroachments on which the City can install sidewalk. As an option, if the property owner elects to have a basement accessienGroachment abandoned, the City will remove the access, backfill, and replace sidewalk and pay for the necessary wall at the building foundation. d) When the City initiates replacement due to conditions which are the property owner's responsibility under the maintenance conditions described in the City's sidewalk repair policy, the property owner shall bear all costs for repairs except if the property owner abandons the basement access, then the City will participate as in c) above. e) The City Manager may authorize a one-time replacement of basement access doors, at City expense, in conjunction with circumstances described above within Zone A-1 of the Lodi Central City Revitalization Assessment District, 95-1, provided the property owner complies with Section b) above. PP$TRTG6MA1NTENANCE _2005DOG 08/23(05 RESOLUTION NO. 2005-218 A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 95-48, AND SUBSEQUENT 1999 AMENDMENT THERETO, RELATING TO THE SIDEWALK POLICY; HEREBY ADOPTING 2005 SIDEWALK MAINTENANCE POLICY, AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT THE PROCEDURES WHEREAS, the existing Curb, Gutter, and Sidewalk Repair Policy was adopted by Resolution No. 95-48 in 1995; and WHEREAS, the City Council subsequently amended the Policy, by motion action, on May 5,1999; and WHEREAS, the City Council now desires to rescind Resolution No. 95-48 and the amendment thereto in 1999 and adopt a new policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby take the following actions: 1) Rescinds Resolution No. 95-48 and the 1999 amendment; and 2) Hereby adopts the 2005 Sidewalk Maintenance Policy, as attached hereto marked Exhibit A; and 3) Hereby authorizes and directs the City Manager to implement the Policies adopted herein. Dated: October 5, 2005 I hereby certify that Resolution No. 2005-218 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2005, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hitchcock ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLA KSTON City Clerk 2005-218 City of Lodi CURB, GUTTER & SIDEWALK MAINTENANCE POLICY October 2005 Resolution 2005-218 adopted by the City Council at its meeting of October 5, 2005. GOALS - Thegoals _of this policy are to: a) Improve the City's sidewalk system to encourage walking and improve safety by reducing the number.of defects in the sidewalk b) Improve the sidewalk system for persons with disabilities c) Reduce the City's liability exposure and cost d) Utilize opportunities provided by State law to place costs with the appropriate party e) Provide for procedures that are efficient to administer 11. NOTICE AND ACTION a) Property owners and tenants have the responsibility to report to the City of Lodi all defective curb, gutter and sidewalk fronting their property. (For purposes of this Policy, sidewalk includes portions of driveways within the right of way.) b) The Street Superintendent will inspect and classify sidewalk repairs for action per this Policy. Generally, offsets or other defects less than 314" are considered minor and require no further action except at locations where trip/falls occur which will be processed for repair/replacement. III. WEWALK MAINTENANCE a) LIABILITY — Public liability for sidewalk (including curb, gutter and driveways) maintenance rests with the property owner per the Lodi Municipal Code. b) TEMPORARY PATCHING — The City shall grind or place a temporary patch on sidewalks where there is 314" - 1 112" vertical offset or minor irregularities as part of its regular maintenance program. This will be done at no charge to the property owner (up to three times, after which replacement is required). The property owner or tenant has the responsibility to notify the City of any change in the condition of the sidewalk or the patched area. c) REPLACEMENT — When a vertical offset in sidewalk is greater than 1 112", the location shall be processed for removal and replacement. These areas will also be temporarily patched until replaced. Curb, gutter and driveways shall be replaced as necessitated by adjacent sidewalk work or if offsets are causing extended water holding or present a hazard and is entirely the responsibility of the property owner except as in d) below. Driveways shall not be modified to include pipes, fill or similar use of the gutter. Gutter encroachments existing as of the adoption date of this policy may remain provided they are maintained to not impede water flow, street sweeping or pose a hazard to the public. d) CITY COST PARTICIPATION —The City will provide 100% of the cost of repairs in cases where a tree within the public Right of Way has caused the damage. iV. TREE MAINTENANCE a) The City shall be responsible for root surgery on all City -maintained trees where it is required. City shall remove City -maintained trees when required under City's adopted Tree Policy, This work will be done in conjunction with the replacement of the sidewalk and/or the curb and gutter. PPSTRTOBMAINTF-NANCE 2005.DOC 10106!06 b) Root surgery on privately -owned trees is the responsibility of the property owner. V. FEES, PAYMENT & DEFERRAL a) Encroachment permit and administrative fees will be waived for property owners who undertake maintenance/replacement without formal notice. Fees are applicable to cases in which the City (or its contractor) does the work and processes formal notices. b) The City will advance funds for installation or maintenance without interest if the property owner agrees to make payments over the course of 12 months and upon execution of a written payment agreement with the City. c) Property owners meeting low-income eligibility per the City's utility discount program (SHARE) may elect to defer maintenance costs until transfer of ownership with execution of a payment agreement. Fixed interest on the amount owed shall be established at the then -current Local Agency Investment Fund rate and accumulated interest shall be capped at 100% of the principal. d) The City Manager is authorized to establish procedures to implement this policy and to execute payment agreements pertaining to this policy and to file liens and assessments with the County Tax Collector and/or Recorder as appropriate to secure payment. VI. SIDEWALK/BASEMENT ENCROACHMENTS a) New basement encroachments into the sidewalk area are prohibited. b) Existing basement encroachments shall either be abandoned by the property owner or to covered by an encroachment permit, issued administratively, in which the property owner assumes maintenance responsibilities and provides standard insurance coverage and certificates. c) When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of a capital improvement project, the City shall bear the cost of resetting serviceable basement access doors. The property owner shall provide a new door set, if necessary, and a structural "roof" for additional basement encroachments on which the City can install sidewalk. As an option, if the property owner elects to have a basement access/encroachment abandoned, the City will remove the access, backfill, and replace sidewalk and pay for the necessary wall at the building foundation. d) When the City initiates replacement due to conditions which are the property owner's responsibility under the maintenance conditions described in the City's sidewalk repair policy, the property owner shall bear all costs for repairs except if the property owner abandons the basement access, then the City will participate as in c) above. e) The City Manager may authorize a one-time replacement of basement access doors, at City expense, in conjunction with circumstances described above within Zone A-1 of the Lodi Central City Revitalization Assessment District, 95-1, provided the property owner complies with Section b) above. PPSTRTOOMAINTENANCE 2005.DOC 10106/05