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Home My WebLink About11 DRIVE MAINT POLICY 08-19-02AGENDA REPORT NO. 11 08-19-02 · 600-92 MEETING DATE: AUGUST 19, 2002 \~ TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONFIRMATION OF EXISTING CITY POLICY ON MAINTENANCE AND REPLACEMENT OF DAMAGED DRIVEWAY APPROACHES/SIDEWALKS SUMMARY Pursuant to provisions of the California Streets and Highways Code and the Tustin MuniCipal Code, the Public Works Department is recommending that the City Council confirm the existing City policy on maintenance and replacement of damaged driveway approaches and sidewalks. RECOMMENDATION It is recommended that the City Council confirm the existing City policy on maintenance and replacement of damaged driveway approaches and sidewalks within the public right-of-way. The current policy states as follows: Adjacent property owners are responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to private property activities, such as vehicular traffic accessing private property (moving vans, delivery vehicles, trash trucks, etc.). The City is responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to City activities, such as planting and maintaining parkway trees. FISCAL IMPACT There is no fiscal impact with confirmation of the existing policy. However, if the City were made · responsible for all maintenance and replacement of damaged driveway approaches and sidewalks within the public right-of-way, there would be a significant increase in the City's annual maintenance costs. BACKGROUND The Public Works Division receives many requests from property owners to repair and/or replace their damaged driveway approaches adjacent to their property. City staff evaluates the requests and determines the cause of the damage, and follows the above-mentioned policy in responding to the requests. Photos of various damaged driveways are attached in Exhibit A of this report. Confirmation of Existing City Policy on Maintenance and Replacement of Damaged Driveway Approaches/Sidewalks August 19, 2002 Page 2 Driveway approaches are typically constructed at the expense of the underlying property owner or developer at the time of property development for the purpose of accessing private property, and not for the general benefit of the public. Damage to driveway approaches caused by use benefiting the private property owners should be repaired and/or replaced by the property owner, and should not become a burden for the tax payers of the City. The City does assume responsibility for repair and/or replacement of driveway approaches if the damage is caused by City activities such as planting and maintaining parkway trees. This policy has most recently been applied to the commercial driveways at 450 First Street (Jalapenos Restaurant) and at 14171 Red Hill Avenue (Stater Brothers Market). In both cases the damage to the driveways was caused by vehicular traffic entering and exiting the businesses. Subsequently, the property owners were required to replace/repair the damage to the driveways. Sidewalks are typically installed at the time of property development. However, there are older developments within the City where sidewalks were not installed as part of the property development. The City routinely installs missing sidewalks adjacent to property to facilitate pedestrian access. Since sidewalks benefit the general public, the City provides for repair, replacement and installation of sidewalks through an annual maintenance program. Property owners are required to repair and replace sidewalks if it can be determined that they are responsible for the damage. DISCUSSION The California Streets and Highways Code Section 5600 states "As used in this chapter "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip." This also applies to driveway approaches since they overlay a sidewalk area. Section 5610 of the California Streets and Highways Code states that the abutting property owners bear a statutory duty to maintain and repair defects in the sidewalk, which would also include a driveway apron appurtenant thereto under the definition of 'sidewalk'. In addition, the Tustin Municipal Code Section 5502 states in part, "It is hereby declared to be a public nuisance for any property owner.., to keep or maintain said property, including adjacent parkways, sidewalks, streets.., in such a manner that any of the following conditions are found to exist: Property failing to meet minimum levels of maintenance and care as set forth as follows: parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are free of potholes, buckled or cracked surfaces or raised areas..." The aforementioned sections from the California Streets and Highways Code and the Tustin Municipal Code are attached to this report. Confirmation of Existing City Policy on Maintenance and Replacement of Damaged Driveway Approaches/Sidewalks August 19, 2002 Page 3 CONCLUSION The current City policy on maintenance and replacement of damaged driveways and sidewalks within the public right-of-way is consistent with the California Streets and Highways Code and the Tustin Municipal Code. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager TDS:DA:City Policy on Maint & Replacement of Damaged Dwys.doc Attachments: Excerpts From California Streets and Highways Code Sections 5600 and 5610 Excerpts From Tustin Municipal Code Section 5502 Exhibit A: Photos of Various Damaged Driveways EXCERPTS FROM THE CALIFORNIA STREETS AND HIGHWAYS CODE CA Codes (shc:5600-5602)STREETS'AND HIGHWAYS CODE SECTION 5600-5602 5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to proceedings taken under this chapter. 5602. This Chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder. CA Codes (shc:5610-5618)STREETS AND HIGHWAYS CODE SECTION 5610-5618 portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, s~ii~i~a!i~i~!ii~i!~!~???~i~i!~i~~e~r!!~!~i!!~i~!~i~!~i or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. EXCERPTS FROM THE TUSTIN MUNICIPAL CODE TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5501 "Wrecked" means that which has an outward manifestation or appearance of damage to parts and contents which is essential to operation. (Ord. No. 1080-, Sec. 2, 11-18-91) in control of said or other (a) (b) (c) (d) (e) (f) (g) Rev: 7-97 Any abandoned, dismantled, wrecked, inoperable, discarded objects or equipment such as, but not limited to automobiles, trucks, trailers, boats, appliances, water heaters, refrigerators furniture, 'fixtures, miscellaneous machinery and equipments, cans or containers standing or stored on property or on adjacent parkway sidewalks or streets which can be viewed from a public highway, walkway, or from private or public property, or which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance; Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official; Any alteration of land, the topography or configuration of which in any man-made state, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to injurious to public health, safety and welfare of any real property. Disposal or presence of oil, grease, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid waste in such a manner [as] to consist [constitute] a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties; Lumber (excluding stacked firewood not visible from a public street, alley or adjoining property for use on the property or lumber for a construction project on the .property with a valid permit); junk, trash, salvage materials (including but not limited to auto parts, scrap metals, tires, tin cans, and bottles), or packing boxes or other debris stored on premises in excess of seventy-two (72) hours; Any performance of work on motor vehicles, vehicle engines or parts, or household fixtures, on a public right-of-way or performance of such work in yard areas of residential properties so as to be visible from a public right-of- way or neighboring properties other than emergency repairs or minor maintenance being performed by the owner of the vehicle or fixture; Any swimming pool; pond, spa or other body of water or excavation which is abandoned, unattended, or unfiltered; PS-5-5 'TUSTIN CITY EXCERPTS FROM THE TUSTIN MUNICIPAL.CODE CODE PROPERTY MAINTENANCE, ETC. 5502(h) (h) (i) (1) (in) Trailers not within established mobilehome parks, dumpsters or similar vehicles or equipment used for sleeping purposes; Accumulations of asphalt, concrete, plaster, tile, rocks, bricks, building materials and fill dirt resulting from excavations on or off the property; Use of a parked or stored vehicle, boat, camper shell, trailer or other similar item as temporary or permanent living space Any vehicle, boat, camper shell or other similar item parked or stored on an unpaved surface which blocks access to a required parking space; Presence of graffiti, that is, City unauthorized inscribing, spraying of paint, or making of symbols using paint, spray paint, ink, chalk, dye, or similar materials on public or private structures, buildings, or places. (1) Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material; (2) Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped' areas; (3) Walls, fences and other structures. All walls, fences and trash enclosures and other structures shall be maintained free of significant surface cracks, dryrot, warping, missing panels or blocks which either (i) threaten structural integrity; or (ii) result in a dilapidated, decaying, disfigured, partially mined, (4) (5) Building elevations and roofs. Exterior building surfaces and roofs shall 'be maintained free of significant surface cracks, missing materials, warping, dryrot or blocks, which either(i) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured, partially mined, appearance; (6) Trash and debris. The property shall be maintained fi'ee of the accumulation of trash and debris. Trash and debris associated with permitted uses are to be stored solely in designated trash enclosures. Any violation of subsection 5502(m)(5) is hereby declared to be a misdemeanor. (n) Any temporary materials and securing devices including, but not limited to, plywood used to cover building openings, that are not painted to match one of the existing colors of the building on all elevations which are visible from the public right-of-way. (Ord. No. 1080, Sec. 3, 11-18-91; Ord. No. 1181, Sec. 2 7-21-97) Rev: 7-97 PS-5-6 EXHI:BIT A RAINTREE ROAD AND FUCHSIA LANCE EXHIBIT A