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91-13
~gSOT.UTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH ESTABLISHING A POLICY
AND PROCEDURE FOR THE REPAIR OF
DAMAGED PUBLIC SIDEWALK IN FRONT OF
PROPERTIES WITHIN THE CITY OF UKIAH
Whereas, the City Council has determined that damaged public sidewalks
may create a pedestrian hazard; and,
Whereas, Sections 5400 through 5403 of the Ukiah City Code requires
the owners of property fronting a public street to maintain the sidewalk in
such condition that the sidewalk will not endanger persons or property;
and,
Whereas, the City Manager or his designee is charged with the
determination of appropriate repair or reconstruction of public sidewalks
within the City of Ukiah; and,
Whereas, Ukiah City Code Section 5401 authorizes the City Council by
resolution to prescribe standards and procedures for sidewalk repair within
the City of Ukiah.
NOW, THEREFORE, it is hereby resolved that sidewalks in need of repair
or reconstruction, as may be determined by the Superintendent of Streets,
shall be repaired or reconstructed in accordance with the following
procedures:
1. Where sidewalk is damaged and requires removal and replacement:
a) Superintendent of Streets to give property owner notice of
required sidewalk repairs in accordance with the provisions of the Ukiah
City Code.
b) Notice to require owner to commence repairs or reconstruction
within two weeks or enter into an agreement with City authorizing City to
perform the work and charge the owner for all or part of the cost.
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cost.
c) Repairs or reconstruction performed by owner to be at owner's
d) When authorized by an agreement, Superintendent of Streets to
cause repairs or reconstruction of sidewalk. Upon completion of repairs or
reconstruction, owner to be charged for all material costs. Upon special
request by the owner, a separate agreement approved by the Superintendent
of Streets shall provide a schedule for monthly payments not to exceed
twelve (12) months at 12% simple annual interest. If owner fails to make
payment(s) in accordance with terms of agreement, the unpaid portion may be
imposed as a lien on the property in accordance with the procedures
specified in subsection 1.e).
e) In the event owner does not commence work within the specified
two weeks, the Superintendent of Streets to cause repair or reconstruction
of sidewalk. Upon completion of repairs or reconstruction, the
Superintendent of Streets shall follow the procedure specified in Streets
and Highways Code sections 5625 - 5630. Generally, he shall prepare a
report of costs to be prepared and filed with the City Council. The City
Council would then hear any objections or protests, modify said report as
determined, and adopt said report or modified report by resolution. Costs
would then be payable within fifteen (15) days or become a lien against the
property.
2. Where sidewalk is damaged due to street trees and requires removal
and replacement of the sidewalk:
a) Superintendent of Streets to cause repair or reconstruction of
sidewalk.
b) Cost of repair or reconstruction of sidewalk and street tree
related costs to be borne by City.
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3. Where sidewalk is damaged and repair can be accomplished by a
temporary or alternative method:
a) Superintendent of Streets to cause repair of sidewalk by a
temporary or alternative method.
b) Cost of repair to sidewalk by a temporary or alternative method
to be borne by City.
Passed and adopted this 5th day of September , 1990,
by the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderso
NOES: None
ABSENT: Councilmember McMichael
ABSTAIN: None
AT'ST:
lerk
r:sidewalks/resl
leen B. Henderson, Mayor