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Home My WebLink AboutMINUTES - 09232008 - C.22 ` 1 ! TO: BOARD OF SUPERVISORS Contra @�--` " ---o", FROM: JULIA R. BUEREN,PUBLIC WORKS DIRECTOR -- S Costa DATE: September 23, 2008 a'citi=_,.,.�p`ko¢ k County Srtta''t"t SUBJECT: ADOPT Sidewalk Maintenance and Repair Ordinance,No. 2008-24, imposing a duty on the property owners for injuries to third parties as a result of property owner's failure to maintain abutting public sidewalk, Countywide, Project No. 0672-6U2511. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Sidewalk Maintenance and Repair Ordinance, No. 2008-24, imposing a duty on the property owners for injuries to third parties as a result of property owner's failure to maintain abutting public sidewalk. 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: ❑x SIGNATURE: SL-- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON C5�t�O/4"A6e.yag 2#Vr APPROVED AS RECO MENDED Jvell� OT R VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND / CORRECT COPY OF AN ACTION TAKEN AND ✓ UNANIMOUS(ABSENT 04 07 ) ENTERED ON MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: HF:relh Z:\Ramona\Board Orders\2008\130 09-23-2008 Adopt Sidewalk Ordinance.docx Orig.Div: Public Works(Maintenance Division) ATTESTED Contact: H.Finch 313-7004 DAVID TWA,Clerk of the Board of Supervisors and County Administrator cc: County Administrator County Counsel J.Bueren,PW Director P.McNamee,Deputy PW Director BY: J.Yee,Maintenance 1 DEPUTY SUBJECT: ADOPT Sidewalk Maintenance and Repair Ordinance, No. 2008-24 imposing a duty on the property owners for injuries to third parties as a result of property owner's failure to maintain abutting public sidewalk. DATE: September 23, 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 abutting 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 maybe 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 a+ 1016-2.008 Joint and Several Liability. If more thanone 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.) s 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 SEPTEMBER 23, 2008' ,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, BONILLA AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: DAVID TWA Clerk of the Board of Supervisors Bo d Chair and County Administrator By: [SEAL] eputy JKK:kk H:\Ordinance\Sidewalk Maintenance and Repair Ordinance.rev.wpd ^ OOST9 COK cd U ~ ORDINANCE NO. 2008-24 2 Contra Costa Times Legal No. 0002950295 ORDINANCE NO.2008-24 P O Box 4147 SIDEWALK Walnut Creek, CA 94596 MAINTENANCE AND REPAIR (925) 935-2525 The Contra Costa Coun- ty Board o sd9 ofasupervi ors RECEIVED Ica, foittlotnotespfrom hthe official text of the enact- ed nact- p edoramended OCT U 3 2005 Clerk of the Board of Supervisors orrod nance Code)county June-ttrrl 106,651 Pine St., 1st Fl. This ordinance mposes CLERY.BOARD OF'SUPERVISOR Martinez CA 94553-1275 tort liability on the own- CONTRA COSTA CO. er or owners of property abutting a sidewalk If a member of the public is injured while on the PROOF OF PUBLICATION sidewalk and the injury is the result of the own- ers failure to maintain the sidewalk FILE NO. 2184 SECTION IL Division 1016 Is added to the County Ordinance code. In the matter of to read: DIVISION 1016 SIDEWALKS Chapter 1016-2 1 am a citizen of the United States and a resident of the Count SIDEWALK = Y MAINTENANCE AND aforesaid; I am over the age of eighteen years, and not a party to or REPAIR interested in the above-entitled matter. 1616-2.DD2 Definitions. For purposes of this chapter, the following terms have the follow- I am the Principal Legal Clerk of the Contra Costa Times, a ing meanings: newspaper of general circulation, printed and published at 2640 (a) Adjacent owner means theowner of a Shadelands Drive in the City of Walnut Creek, County of Contra lot or portion of a lot froCosta, 94598 hhaasnfa gouty Ipurrsuant to - Chapter 22 of Part 3 of Division 7 of And which newspaper has been adjudged a newspaper of general wa yseCode to ets manta circulation by the Superior Court of the County of Contra Costa, an repair that siae- State of California, under the date of October 22, 1934. Case (b) Sidewalk has the Number 19764. meaning set forth in Streets and Iliw id Code section 5600 2008-24 2.) The notice, of which the annexed is a printed copy(set in type not 1016-2.004 Duty to Main- small than nonpareil), has been published in each regular and entire taln Owed to Public. An P g adjacent owner owes a issue of said newspaper and not in any supplement thereof on the duty to members of the following dates, to-wit: public k maintain the adjacent abutting the 9/30/2008 owners property in aes condition that donot endanger the public. (Ord.2008-242.) 1016-2.006 Adjacent Owners Liability. If an adjacent owners failure to maintain the side- walk abutting the pro l- erty results In a contll- tlon that Is a danger to the Dub,io, and a person suffers ,n- 1ury or damage while on the sidewalk the adja- cent owner Is liable to the Injured person for the injury or damage caused by the dangerous condi- tion.(Ord.2008-24 2.) 1016-2.008 Joint and Sev- eral Liability. If more than one party is an ad- jacent owner, the obl,- gaHons and liabilities established by this chapter are jn and several as to 0ech party. (Ord. 2008- 242.) SECTION III. EFFECTIVE DATE This ordinance I certify(or declare)under the penalty of perjury becomes effective 30 days after passage,and that the foregoing is true and correct. within 15 days after pas- 9 9 sage shall be published once with Executed at Walnut Creek, California. the names of - rs for o sovoting for or On this 30 day of Septe er 2008 against ,t in the Contra Costa Times,a nn hip per published In this � county. PASSED on September 23, Signature vim, y the tollowing AYES: SUPERVISORS GIOIA,UILKEMA,PIEPHO, BONILLA AND GLOVER NOES:NONE ABSENT: NONE ABSTAIN: NONE FEDERAL GLOVER Board Chair BY:EMY L.SHARP DEPUTY CCT#2950295 SePL 30 2W8 "CCT Legals" To "Emelda Sharp" <EShar@cob.cccounty.us> <cctlegals@bayareanewsgro cc up.com> 09/25/2008 09:44 AM bcc Subject RE:Ordinance No.2008-24 ad#2950295. thanks I Legal Advertising Contra Costa Times -Concord Transcript- Lamorinda SUN Bay Area News Group- East Bay Ph: 925-943-8019 Fx: 925-952-5019 From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Thu 9/25/08 9:19 AM To: CCT Legals Subject: Fw: Ordinance No. 2008-24 Dear Jennifer, Please publish the below Ordinance, in your Contra Costa Times, under our Ref.No. 2184,on Sept. 30, 2008. Thanks for your attention 651 Pine Street,#106 Martinez, CA 925-335-1903 925-335-1900 925-335-1913 Fax No. Emelda L. Sharp Clerk of the Board 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 11. 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 section5600. (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 owners property in a condition that does not endanger the public (Ord.2008-24 2.) 1016-2.006 Adjacent Owners Liability. If an adjacent owners 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.) 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 111. 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 September 23,2008 by the following vote AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, BONILLA AND GLOVER NOES:NONE ABSENT: NONE ABSTAIN: NONE FEDERAL GLOVER Board Chair BY: EMY L. SHARP DEPUTY