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HomeMy WebLinkAboutN.B. 4 REPAIR SIDEWALK 02-06-89 · . TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: REPAIR OF SIDEWALK DAMAGED BY PROPERTY OWNERS' TREES , J RECOMMENDATION: That the Tustin City Council, at their meeting of February 6, 1989, adopt the policy discussed below for the repair of sidewalk that is damaged by property owners' treeS. BACKGROUND: The City of.Tustin has adopted the policy of paying 100% of the cost to repair standard concrete sidewalk damaged by street trees planted by the City within public right-of-way. However, in many locations throughout the City, the sidewalk is damaged by property owners' trees. The damage constitutes a danger to the public safety and needs to be repaired at the property owners' expense. DISCUSSION: The following procedure is recommended for the repair of sidewalk damaged by property owners' trees: Step 1:. The City will temporarily patch the affected sidewalk to reduce the tripping hazard to the public. Step 2: The City will give the property owners a "Notice to Repair Sidewalk". This notice consists of a letter sent to the individual property owners by certified mail. The date of the notice begins a two-week period during which the property owner can decide 'on one of the following: a) to hire a private licensed contractor to do the work for him at his own expense; b) to have the work done by the City. The property owner would pay the City in advance for the estimated cost of the repair. The work would be included with the on-going sidewalk repair project (if possible). This relieves the property owner from having to find and work directly with a concrete contractor. Also, in order for the City to repair the sidewalk, t~e tree roots causing the damage should be pruned. This might cause the tree to die, fall over and damage the surrounding properties. The property owner in this case is required to sign a waiver releasing the City of any liability to the damage that might be caused by the tree due to root pruning. REPAIR OF SIDEWALK DAMAGED BY PROPERTY OWNER'S TREES JANUARY 26, 1989 .. PAGE .2. ~' -~ . If the property owner fails to respond to the "Notice to Repair Sidewalk" within two weeks, tSen the City will do the required sidewalk repair and after completion of such work, the legal process described in the Tustin City Code, Article 5, Chapter-5 "Nuisance Abatement Regulations" will be implemented. A copy of this code section is attached for the City Council's information. Bob Ledendecker Philip'Hannawi Director of Public Works/City Engineer Junior Civil Engineer ..... BL:PH:mv TUSTIN CITY CODE "-~SANCE ABATEMENT REGULAT?'~ 5500 CHAPTER 5 NUISANCE ABATEMENT REGULATIONS 5500 PURPOSE OF CHAPTER The purpose of this chapter is to provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to' property values and community appear-' ance, or injurious to the health, safety or welfare of the general public in such ways as to constitute a nuisance. (Ord. No. 908, 5-21-84) 5501 DECLARATION OF NUISANCE Each of the following conditions is hereby declared to constitute a public nuisance, and whenever the Council determines that any of Such conditions exist upon any premiss it may require or provide for the abatement thereof pursuant, to ,this chapter and make the costs of abatement a lien upon the property: (1) Any public nuisance known in law or in equity jumpier; (2) Any abandoned automobiles, trucks, trailers, boats, appliances, refi*igerators, ma. ehinery and equipment, standing or stored on property or on adjacent parkways, sidewalks, or'streets, which-can be'viewed from a public, highway, walkway or from private or public property where, the general public .may gather for business or recreational purposes, or which item-are readily accessible from such places, or which are...stored on private property in violation of any other law or ordinance; : (3) Whatever,s d~_qgerous to human life or is detrimental to health as determined by an appropriate_city official; (4) Ove~cr0wding a room with occupants; (5) Insufficient ventilation or illumination; (6) Inadequate or un~_ ~tary sewerage or plumbing facilities; (7) Uncleanliness, as determined by an approp~ate city official; (8) Whatever renders air, food or drink unwholesome or detrimental to th~ health of human beings, as determined by an appropriate' city official; · · (9) Any condition or use of prem!~ or of building exteriors which is detrimental to the property of others. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premi~_a of any of the following:. Lumber, junk, trash or debris; b. Abandoned, discarded or unused objects or equipment such as automobiles, fur. niture, stoves, refrigerators, freezers, cans or con[.~ners; c. Combustible materials which create a fire hazard; d. Stagnant water or excavations; ,TU. STIN CITY CODE 'rlSANCE ABATEMENT REGUL~' --~ ~S 5503 street ad~[ress referring to the street by the ,A~ under which it is of~cially or commonly known or shall describe the property by referring to the assessor's parcel number or a legal description thereof, shall give a brief description of the conditions which constitute the nuisance, and a brief statement of the methods of abatement recommended as appropriate. (Ord. No. 908, 5-21-84) 5504 NOTICE OF PUBLIC HEARING Within thirty (30) days after the passage of Such resolutio~ by the City Council, the City. Clerk shall cause to be served upon the owner of the affected premises, a certified copy resolution, and a notice of the time and place of hearing before the Council. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of said owner as shown upon any current records of the city. The City Clerk shall also cause to be conspicuously posted on the premises a certified copy of such resolution, and a notice of the time and place of hearing before the City Council. Such notice and resolution shall be posted and served, as aforesaid, at least ten (10) days before the time fized for such hearing. (Ord. No. 908, 5-21-84) .. 5505 PUBLIC HEARING At the time, place and date stated in the notice, the City Council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnes. ses, city perse~l and interested persons relative to such all~ged nuisance and to proposed rehabilitation, repair, or demolition of such premises. Said hearing may be continued from time to t/me. Upon 'the collusion of said hearing, the City Council sh~ll, based upon such hearing, ~' ~termine whether ~he premises or any part thereof, as maintained, constitutes a public nuisance as ~tef'med~n this chapter. If the City Council finds that such a nuisance exists and that there is sufficient cause to abate it by rehabilitation, demolition, or repair, the City Council may, by resolution, declare such premises to be a public nuisance and order the abatement of the same by the property owner within a time specified by the City Council by having such premises, building, or structures, rehabilita~l, demolished or repaired. Such resolution shall contain a detailed list of needed corrections ~md abatement methods. (Ord. No. 908, 5.21~84) 5506 SERVICE ON OWNER OF RESOLUTION TO ABATE NUISANCE A copy of the resolution of the City Council ordering the abatement of said nuisance shall upon p op y. Suc ,h l m do red'rod o/ certified mail, addressed to the owner at the last ]mown address of said owner as determined under section 5504. Any property owner shall have the right to have the nuisance abated in a~cordance with said resolution and at the owner's sole expense, provided the same is com- pleted prior to the expiration of the thirty-day abatement period. Upon such abatement in full by the owners, the proceedings hereunder shall terminate. (Ord. No. 908, 5-21-84) B~V: 7.84