HomeMy WebLinkAbout67-50STATEMENT OF CITY COUNCIL POLICY REGARDING
CORRECTION OF DEFECTIVE SIDEWALKS, CURBS
AND GUTTERS AND PROGRAM OF PREVENTION OF
FUTURE DAMAGE
The City Council of the City of Ukiah does hereby
RESOLVE:
WHEREAS, sidewalks, curbs and gutters which are in a defective
condition or in a state of disrepair constitute a possible hazard
to persons using the same and a continuing program for the repair
and maintenance of the same should be instituted:
1. The DireCtor of Public Works is authorized and ~irected to
undertake a program of correction of defects in sidewalks, curbs and gut-
ters in the City of Ukiah including the following:
(a) Instituting and continuing a program of inspection and
procedure for reporting defects.
(b) Development of a procedure for identifying defective areas,
for evaluating necessary corrections and for notifying the responsible
property owners of the condition of the sidewalk curb or gutter and the
recommended and required repairs.
(c) Development and implementation of a program for obtaining
if possible, the voluntary cooperation of property owners within a
reasonable time after notice of the need to correct sidewalk, curb or
gutter defects.
(d) In the event of failure of the property owner to make the
recommended and required repairs within a reasonable time, or when in
the descretion of the Director of Public Works there is reason to believe
that such procedure would be unproductive for any reason, to institute
and commence proceedings under the appropriate provisions of the streets
and highways Code of California (presently Sections 5600 et seq. ) to
make the repairs or require the same to be made, at the expense of the
property owner and to do all acts necessary under such procedure to give
notice, make ~epairs and assess and recover costs of the repair and pro-
cedure from the property owner.
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2. In those cases where the defective condition of sidewalks,
curbs or gutters is in the opinion of the iDirector of Public Works
caused by, or substantially contributed to by, City employees, City
equipment or City operations, the Director of Public Works is authorized
to assume on behalf of the City the responsibility for correction in
whole, or in part in cooperation with the property owner, and to the
extent of the City's participation as determined by the Director of
Public Works, to authorize and. approve the expenditure of City funds
for such purpose.
3. In order to prevent and avoid damage to sidewalks, curbs and
gutters by trees or bushes the Director of Public Works is authorized
to undertake a cooperative program with property owners for City
participation in the removal from private property of trees or bushes
which are jeopardizing such improvements and to authorize and approve
the expenditure of City funds in an amount to be determined by the
Director of Public Works not exceeding 50~ of the costs of such removal
provided that the maximum city participation with any owner shall be
$50.~.~0 per lot or parcel.
(a) In the event of removal of trees or bushes under such
cooperative program the Director of Public Works is directed to
institute and continue a program of continuing encourg~nent to the pro-
perty owner to install trees, bushes and other growing things which
will tend to beautify the City and the property and which will not
interfere with the sidewalks, curbs or gutters, City or utility oper-
ations nor create a nuisance, and the Director of Public Works shall
give advise and recommendations to the property owner and to other
persons, for the planting of approved and recommended trees, bushes and
vegetation.
(b) Where the Director of Public Works has caused the removal of
trees, bushes or other vegetation from the public right of way after
his determination that the same are a hazard to sidewalks, curbs or
gutters or to City or Utility operations or a danger to passersby he
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shall, wherever ~ install and plant therein or in the nearby
public area such approved and recommended bushes, trees or other
vegetation designed to improve and beautify the area and the City as
a whole, and is authorized to expend City funds for such purposes.
This Statement of Policy shall be liberally interpreted as a
grant of authority and not as a limitation thereof, and shall be
deemed to be a continuing declaration until such time it may be amend-
ed or repealed by this or any subsequent Council.
PASSED AND ADOPTF2) this 2.~ th day of June, 1967 by the following
vote:
AYES-
NOES:
Councilmen Scotto, Crook, Henderson, Harlowe and Mayor Norgard.
None.
ABSENT: None.
ATTEST:
City Clerk -
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