HomeMy WebLinkAboutReso 26-11 Repair Public Improv Policy• •
RESOLUTION NO. 26 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 2010-
2011 entitled, "Annual Sidewalk Safety Repair Program."
PASSED, APPROVED AND ADOPTED this 15th day of March, 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: Norie
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
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Mayor
ATTES :
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City Clerk
Reso No. 26-11, Adopted 3-15-11, Item 4.5 Page 1 of 1
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EXHIBIT "A" OF RESOLUTION p~,~v -11
POLICY FOR THE CITY OF DUBLIN
ANNUAL SIDEWALK SAFETY REPAIR PROGRAM
Fiscal Year 2010-2011
It is the policy of the City of Dublin to cause repairs to be made to certain pu6lic improvements for the
safery 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 suc~ 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 s~all 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.
VJhere 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 proceduxe 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 2010-2011 and thexeafter be reviewed for extension,
modification, or replacement.
Legal Responsibility:
The City of Dublin, in adopting this policy, does so as an accomrnodation 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 2010-2411 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, within the budget available to do so. The existence of this program
does not abrogate the responsibilify 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.
G:ICIPISIDE4Y~ILKi2~l0-2Ul /Ipolicy.FY 10-11.doc