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Home My WebLink AboutMINUTES - 09162008 - C.31 (2) r t �, ° TO: BOARD OF SUPERVISORS _= Contra : ==F, FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o ;z Costa DATE: September 16, 2008 �° - oa Srq �o�N� ` County SUBJECT: INTRODUCE Sidewalk Maintenance and Repair Ordinance,No. 2008-24, imposing a duty on property owners for injuries to third parties as a result of the property owner's failure to maintain abutting public sidewalk; WAIVE reading, and FIX September 23, 2008 for adoption, Countywide, Project No. 0672-6U2511 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: INTRODUCE Sidewalk Maintenance and Repair Ordinance, No. 2008-24, imposing a duty on property owners for injuries to third parties as a result of the property owner's failure to maintain abutting public sidewalk; WAIVE reading, and FIX September 23, 2008 for adoption, FISCAL IMPACT: The Sidewalk Maintenance and Repair Ordinance may create an incentive for property owners to actively maintain the sidewalk abutting their property, thereby reducing the amount of staff time needed to administer the Sidewalk Hazard Abatement Program. CONTINUED ON ATTACHMENT: El SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): �J� ACTION OF BOARD ON �(// OG 040PROVED AS RECOMMENDED OTHER VOTE FSUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT O"geL ) ENTERED ON MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Z:\Ramona\Board Orders\2008\BO 09-16-2008 Introduce Sidewalk Ordinance.docx ATTESTED4!�Z /';�i Q Orig.Div: Public Works(Maintenance Division) DAVID TWA,Clerk of the Board of Supervisors and County Contact: H.Finch 313-7004 Administrator Cc: County Administrator County Counsel J.BuerenMcNamee, PW Director P.McNamee,Deputy PW Director By. J.Yee,Maintenance DEPUTY SUBJECT: INTRODUCE Sidewalk Maintenance and Repair Ordinance, No. 2008-24, imposing a duty on property owners for injuries to third parties as a result of the property owner's failure to maintain abutting public sidewalk; WAIVE reading, and FIX September 23, 2008 for adoption, Countywide, Project No. 0672-6U2511. DATE: September 16, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: California Streets and Highways Code, Chapter 22, Division 7, Part 3, Sections 5600, et seq. governs the maintenance of sidewalks (hereinafter "Chapter 22"). Under Chapter 22, the Legislature has provided a means for public entities to shift the cost of repairing sidewalks from the public entity to the abutting property owner. Chapter 22 requires the owner of property adjacent to a sidewalk to maintain it "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." The property owner's duty to the County to repair the sidewalk is triggered when the County provides notice that the sidewalk is in disrepair. Pursuant to Chapter 22, the Public Works Department notifies approximately 400 property owners a year informing them that the sidewalk abutting their property is damaged and unsafe. While Chapter 22 is designed to eliminate the financial burden of maintaining sidewalks, it is presently the County and not the fronting property owner who is ultimately responsible for any injuries or damage that a third party may suffer due to an unsafe sidewalk. Any property owner notified by the County pursuant to Chapter 22 to repair damaged and unsafe sidewalk abutting their property owes a duty to repair and maintain the sidewalk in a safe and non dangerous condition. Under the Sidewalk Maintenance and Repair Ordinance any property owner notified by the County to repair damaged sidewalk abutting their property that fails to do so may be liable to third persons that are injured on the defective public sidewalk. The Sidewalk Maintenance and Repair Ordinance will not eliminate or limit the County's liability for dangerous conditions on public sidewalks, but it may encourage property owners to maintain the sidewalk abutting their property in a safe and nondangerous condition. CONSEQUENCES OF NEGATIVE ACTION: If the Sidewalk Maintenance and Repair Ordinance is not adopted there will be no additional tort liability in abutting property owners and there will be no incentive for property owners to actively maintain the sidewalks in a safe and nondangerous condition. ORDINANCE NO. 2008-24 SIDEWALK MAINTENANCE AND REPAIR The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance imposes tort liability on the owner or owners of property abutting a sidewalk if a member of the public is injured while on the sidewalk and the injury is the result of the owners' failure to maintain the sidewalk. SECTION II. Division 1016 is added to the County Ordinance Code, to read: DIVISION 1016 SIDEWALKS Chapter 1016-2 SIDEWALK MAINTENANCE AND REPAIR 1016-2.002 Definitions. For purposes of this chapter, the following terms have the following meanings: (a) "Adjacent owner"means the owner of a lot or portion of a lot fronting a sidewalk who has a duty pursuant to Chapter 22 of Part 3 of Division 7 of the Streets and Highways Code to maintain and repair that sidewalk. (b) "Sidewalk"has the meaning set forth in Streets and Highways Code section 5600. (Ord. 2008-24 §2.) 1016-2.004 Duty to Maintain Owed to Public. An adjacent owner owes a duty to members of the public to maintain the sidewalk abutting the adjacent owner's property in a condition that does not endanger the public. (Ord. 2008-24 §2.) 1016-2.006 Adjacent Owner's Liability. If an adjacent owner's failure to maintain the sidewalk abutting the property results in a condition that is a danger to the public, and a person suffers injury or damage while on the sidewalk, the adjacent owner is liable to the injured person for the injury or damage caused by the dangerous condition. (Ord. 2008-24 §2.) ORDINANCE NO. 2008-24 1 , 1016-2.008 Joint and Several Liability. If more than one party is an adjacent owner, the obligations and liabilities established by this chapter are joint and several as to each party. (Ord. 2008-24 §2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAvib Tw A Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] _ Deputy JKK:kk H:\Ordinance\Sidewalk Maintenance and Repair Ordinance.rev.wpd ORDINANCE NO. 2008-24 2