Sidewalk Inspect. & Abatement Policy
5~
~cÆ~
MEMORANDUM
December 13, 2004
TO:
The Honorable Mayor and City Council Members
Cc'
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Revisions to Sidewalk Inspection Policy
The City of Dubuque approved a Sidewalk Inspection Policy on October 3,1988.
Recent City Council meetings have addressed citizen inquiries, concerns and appeals
to requirements set forth in the Sidewalk Inspection Policy and sidewalk policies in
general.
Acting Public Works Director/City Engineer Gus Psihoyos recommends City Council
approval of the revised Sidewalk Inspection & Abatement Policy that will better reflect
the definition of "sidewalk," "sidewalk defects," extension criteria, and an added appeal
section.
The appeal section reads, "An appeal to the City Council from the interpretation or
application of any of the terms of this policy shall be made by filing a written notice of
such appeal with the City Clerk."
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IJ' / !
' L-/ /) :
fltrJ . (Pl' k---,
Mictiael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director/City Engineer
D~
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MEMORANDUM
December 10, 2004
SUBJECT:
Michael C. Van Milligen, City Manager.
Gus Psihoyos, Acting City Engineer .).O;j(:;;-?
Revisions to Sidewalk Inspection Policy
TO:
FROM:
INTRODUCTION
The purpose of this memorandum is to request City Council approval of revisions to the
Sidewalk Inspection Policy.
BACKGROUND
In response to the Iowa Supreme Court ruling in 1986, the City of Dubuque developed a
Sidewalk Inspection Policy that was approved on October 3, 1988, with a revision in
1988 to eliminate the general use of the word "repair".
DISCUSSION
Recent City Council meetings have addressed citizen inquiries, concerns and appeals
to requirements set forth in the Sidewalk Inspection Policy and sidewalk policies in
general. Issues that were brought forth were: inspection program in general;
compliance with time allowed for correction of noted defects; process of complaint
handling; and appeal process.
The proposed Sidewalk Inspection & Abatement Policy has been modified to better
reflect the definition of "sidewalk", "sidewalk defects", extension criteria, and an added
appeal section.
RECOMMENDATION
I would recommend that the revised Sidewalk Inspection & Abatement Policy be
approved.
ACTION TO BE TAKEN
The City Council is requested to approve the attached Sidewalk Inspection &
Abatement Policy.
Prepared by Jane Smith
cc: Jane Smith, Engineering
Kelly Ambrosy, Engineering
RESOLUTION NO.
APPROVING REVISIONS TO THE CITY OF DUBUQUE SIDEWALK
INSPECTION POLICY
Whereas, this is a resolution approving revisions to the City of
Dubuque Sidewalk Inspection Policy; and
Whereas, the City Council deems that it is in the best interest of the
City to adopt the revised Sidewalk Inspection Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The attached revisions to the City of Dubuque Sidewalk
Inspection Policy are hereby approved.
Passed, approved and adopted this - day of
2004.
Terrance Mc Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Bold, italic, underline - new language
Strike aut RnlllJallieli old language taken out
CITY OF DUBUQUE
SIDEWALK INSPECTION & ABATEMENT POLICY
1.
GENERAL
The Iowa Supreme Court in Soechtenhauser vs. Citv of Dubuque, 391 N.W. 2d 213
(Iowa 1986) ruled that cities have a duty to inspect their sidewalks and may be found
negligent if they do not have an ongoing inspection program. The Court said: "We
believe that the provisions of this statute which mandate supervision of municipal
sidewalks necessarily imply that there will be some continuing oversight by the
municipality with respect to the condition of these public walkways..."
The purpose of this policy is to respond to the Supreme Court decision and put in place
an ongoing and comprehensive sidewalk inspection policy.
(Top Two Paragraphs swapped with next two paragraphs)
Section 41-101 of the Code of Ordinances of the City of Dubuque, Iowa places the
responsibility for the maintenance of public sidewalks on the abutting property owner.
Whenever the City determines that a sidewalk contains cracks, holes and unevenness so
that it constitutes a safety hazard, said hazard shall be considered a sidewalk defect. In
such an event, the City shall serve notice by certified mail on the abutting property
owner, requiring the property owner to replace or reconstruct the sidewalk. Iowa Code
364. 12.(2)(e) and the Code of Ordinances ofthe City of Dubuque 41-103 provide that if
the abutting property owner does not perform the required replacement or reconstruction
of the sidewalk within thirty (30) days, the City may perform the required work and
assess the costs against the abutting property for collection in the same manner as
property taxes.
II.
DEFINITIONS
As used in this policy, the following terms, phrases and words have the following
meaning:
1. "City" is the City of Dubuque, Iowa.
2.
"Property Owner" is the contract purchaser if there is one of record, otherwise the
record holder oflegal title, as shown by the records of the Dubuque County
Auditor's Office, with mailing address as recorded at the Dubuque City Assessor's
Office.
3.
"Sidewalk" includes the paved portion of a dedicated street between the curb lines of
the roadway and the adjacent property lines or right-or-war easement lines, and
public steps and stairs intended for the use of pedestrians. This also includes vaved
areas extendint! bevond said vrovertv or easement lines which run varallel to the
roadwav and are intended ror vedestrians.
4.
"Sidewalk replacement or reconstruction" means the abatement of a sidewalk defect
by full sidewalk panel replacement or reconstruction from existing joint to existing
joint, grinding of elevated sidewalk slabs, raising or lowering of sidewalk elevation,
or removal of excess sidewalk widths, all according to City specifications and subject
to the approval of the City Manager.
2
5. "Sidewalk defect" is a public sidewalk exhibiting one or more of the following
characteristics:
a. vertical separations or obstructions equal to % inch or more;
b. horizontal separations equal to % inch or more;
c. spalling over fifty percent (50%) of a single sidewalk square with a depression
equal to % inch or more;
d. a single sidewalk square cracked in more than three (3) pieces tHHl!!! sections
distorted % inch or more;
e. sidewalk raised (or depressed) more than two (2) inches in an eight foot to ten
foot length from the normal grade ofthe sidewalk;
f. a single sidewalk step broken or chipped more than two (2) inches in the tread
surface; and
g. water stop box projecting %" or more above the normal grade ofthe sidewalk,
varkwav. drivewav or surroundint! area:.
h. any other condition which renders the sidewalk dangerous to pedestrians ~
determined bv the Sidewalk Insvector.
6.
"Construction season" for the purpose of this policy is from April 15th to November
1 st of each year.
7. "Sidewalk Inspector" is the ~ person or persons designated by the City
Manager to implement the provisions of this Sidewalk Inspection Policy.
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III.
IV.
INSPECTION PROGRAM
The City shall implement a comprehensive, systematic, city-wide Sidewalk Inspection
Program. The Sidewalk Inspection Program wiD shall include all sidewalks within the
City and will shall be ongoing. In addition to the desit!nated route. anv votential
derective locations whether throut!h rererrals, comvlaints. incident revorts, or anv
other methods shall be insvected. The length of time necessary to complete inspection
of all public sidewalks in the City will depend upon the conditions founll anll the
cooperation reeei'iell from property owners and comvlications round.
REPLACEMENT OR RECONSTRUCTION PROCEDURES
A public sidewalk will be considered defective when it exhibits one or more ofthe abe¥e
characteristics under the definition of "Sidewalk Defect". When a sidewalk is found to
contain such a defect, the City, through the Sidewalk Inspection Program, will issue a
certified mail notice to the abutting property owner requiring that the appropriate
replacement or reconstruction be made within thirty (30) days. However, if a notice is
issued in the period between November 1 st and April15th, the property owner will have
thirty (30) days from the beginning of the construction season (April 15) to complete the
necessary work.
All replacement or reconstruction will require City permits and must be performed in
accordance with City specifications, which are made by this reference a part of this
policy.
4
Property owners may file an application with the Sidewalk Inspector for an extension of
the thirty (30) day period. Extensions may be granted under the fallowing eonditions
onlv ror
1.
The property owner begins worl. but it eannot be completed during the thirty
(30) day period. In this ease, the Sidewall. Inspeetor may grant up to a thirty
(30) day cxtension to eomplete the work.
There are extenuating ~ circumstances that demonstrate that and the property
owner is will not able to initiate or complete the replacement or reconstruction within the
thirty (30) day period. In sueh eases, the property owner will be giycn a reasonable
length of time to eomplete the repairs work after submitting a eopy of a signed eontraet
with on a City appro'ied eontraetor or a letter eommitting to the replaeement or
reeonstruetion ifthe work is be performed by the property owner Rnd stipulating the
date of eompletion. The property owner, at the time of the extension and as a condition of
the extension, must agree to assume all liability for the defective sidewalk and sholl t!!.
defend, indemnify and hold the City harmless in the event of any claim against the City, until
the sidewalk is replaced or reconstructed.
~ If the City Manager determines that the replacement or reconstruction of the sidewalk is
not possible because of circumstances beyond the control of the abutting property owner, the
City Manager may allow or require a temporary repair of the sidewalk until such time as the
replacement or reconstruction can property take place.
5
All sidewalks, where repair notices have been issued, will be reinspected by City personnel
the Sidewalk Insvector at the end of the thirty (30) day period to determine whether the
replacement or reconstruction has been completed. For work not completed at the time of
reinspection and where no extension has been requested t!ranted, the City will cause the
work to be performed and assess the cost against the abutting property, to be collected in the
same manner as property taxes. At the eonelusion of the eonstruetion year,
The City will tlleø-prepare a schedule of proposed assessments as provided for in the b&de
of Iowa Code and the City of Dubuque Code of Ordinances as necessarv. The amount
assessed at!ainst a vrovertv will include an administrative charge orfifíeen (15%) vercent or
the assessment to cover the additional cost of administering the program, preparing work
orders, overseeing the work, vermit rees, and preparation of paperwork associated with
assessing the cost to the property. Sueh administrati'ie eharge will be fifteen (lS~1.)
pereent ofthe total east.
If the amount assessed against a pI'Î¥Ote property exceeds one hundred dollars ($100.00), the
assessment may be paid in ten (10) annual installments, in the same manner and with the
same interest rates provided for assessments against benefited property under Iowa Code
Chapter 384, Division IV of the Code of Iowa.
v.
DOCUMENTATION
The City will maintain records ror five rears showing the date on which each sidewalk
within the City was last inspected, whielt the properties that were found to have defects,
6
V1.
VIr.
OJHI- the action taken to correct sueh the defect(s), and the date when such work was
completed.
USE OF CONTRACTORS AND PERMITS
When a vrovertv owner is notified to revlace or reconstruct the abuttint! sidewalk, the
vrovertv owner will also be vrovided a list or vreQualified sidewalk revair contractors.
Each year the City will prequalify contractors to participate in the Sidewalk Inspection
Program. .\ property owner who ehooses to have the wod¡ performed by a eontaetor
must use one of the prequalified eontrilctoF5 appro'iellby the City.
Such
prequalification will estobJisk include insurance coverage as required bv the Finance
Devartment.
A City sidewalk permit is required for work performed by a prequalified contractor or
homeowner, prior to the commencement of the work. All work sholl must be dime
affording to City specifications insvected bv the City and must be accordint! to City
Ent!ineerint! Devartment Standards and Svecifications.
LOW AND MODERATE INCOME PROPERTY OWNERS
"'hen a property owner is notifIcd to replaee or reeonstruet the abutting sillewal ¡,
the property owner williliso he pro'iided a list of prequalificd eontraetors. +he
~otification to a vrovertv owner will include an explanation of the City cost-sharing
available to low and moderate-income property owners. If the property owner meets the
requirements, the property owner must contact the Sidewalk Inspector and provide
7
documentation as requested by the Cit). of income, residency and owner-occupied
status, vrior to commencement or anv work.
The income le¥els standards to be used for determining low-and moderate-income sholl
will be the same as the standards used for the Section 8 Housing Assistance Payments
Program.
City cost-sharing is limited to the replacement or reconstruction of existing defective
sidewalks. New, first-time sidewalks must be installed at the property owner's tetoI-sole
expense.
The City will cost-share in the minimum le'iel f!!!1...of replacement or reconstruction
onlv to correct the defects described in the notice to vrovertv owner or to match the
adjacent sidewalk.. The City will not cost-share in any other sidewalk work beyond the
minimum level without the written permission avvroval of the City Manager 6F-kis
deGignee.
The City will pay uv to seventy-five (75%) percent of the cost of sidewalk replacement
or reconstruction for owner-occupied low and moderate-income property owners,using
6Bjy but onlv ror City-approved contractors.
If a low-and or moderate-income property owner wishes chooses to dø revlace or
reconstruct the replaeement or reeonstruetion sidewalk himselr or herself. the City
will pay onlv for 100% of the cost of the concrete to correct the defect. The property
8
owner will be responsible for requesting reimbursement rrom the City. The
reimbursement will be based upon market rate concrete price(s) and established
quantities of concrete per square foot of sidewalk replaced or reconstructed.
If a prequalified contractor is used by a low-or moderate-income property owner, the
contractor will must directly bill the City for the City's share of the sidewalk replacement
or reconstruction and directlv bill the property owner for the property owner's share. The
bill.¡mwided ror the City's share must show the total cost, the City's share orthe cost
for the City, and the vrovertv owner's share orthe cost for the property owner.
VIII. APPEAL
An avveal to the City Council rrom the intervretation or avvlication or anv or the terms
or this volicv shall be made bv filint! a written notice or such avveal with the City
Clerk.
9
CITY OF DUBUQUE
SIDEWALK INSPECTION & ABATEMENT POLICY
1.
GENERAL
The Iowa Supreme Court in Spechtenhauser vs. Citv of Dubuque, 391 N.W. 2d 213
(Iowa 1986), ruled that cities have a duty to inspect their sidewalks and may be found
negligent ifthey do not have an ongoing inspection program. The Court said: "We
believe that the provisions of this statute which mandate supervision of municipal
sidewalks necessarily imply that there will be some continuing oversight by the
municipality with respect to the condition of these public walkways. .."
The purpose of this policy is to respond to the Supreme Court decision and put in place
an ongoing and comprehensive sidewalk inspection policy.
Section 41-101 ofthe Code of Ordinances of the City of Dubuque, Iowa places the
responsibility for the maintenance of public sidewalks on the abutting property owner.
Whenever the City determines that a sidewalk contains cracks, holes and unevenness so
that it constitutes a safety hazard, said hazard shall be considered a sidewalk defect. In
such an event, the City shall serve notice by certified mail on the abutting property
owner, requiring the property owner to replace or reconstruct the sidewalk. Iowa Code
364.12(2)(e) and the Code of Ordinances of the City of Dubuque 41-103 provide that if
the abutting property owner does not perform the required replacement or reconstruction
of the sidewalk within thirty (30) days, the City may perform the required work and
assess the costs against the abutting property for collection in the same manner as
property taxes.
11.
DEFINITIONS
As used in this policy, the following terms, phrases and words have the following
meaning:
1. "City" is the City of Dubuque, Iowa.
2. "Property Owner" is the contract purchaser if there is one of record, otherwise the
record holder oflegal title, as shown by the records of the Dubuque County Auditor's
Office, with mailing address as recorded at the Dubuque City Assessor's Office.
3.
"Sidewalk" includes the paved portion of a dedicated street between the curb lines of
the roadway and the adjacent property lines or right-of-way easement lines, and
public steps and stairs intended for the use of pedestrians. This also includes paved
areas extending beyond said property or easement lines, which run parallel to the
roadway and are intended for pedestrians.
4. "Sidewalk replacement or reconstruction" means the abatement of a sidewalk defect
by full sidewalk panel replacement or reconstruction from existing joint to existing
joint, grinding of elevated sidewalk slabs, raising or lowering of sidewalk elevation,
or removal of excess sidewalk widths, all according to City specifications and subject
to the approval of the City Manager.
5. "Sidewalk defect" is a public sidewalk exhibiting one or more of the following
characteristics:
a. vertical separations or obstructions equal to % inch or more;
b. horizontal separations equal to % inch or more;
III.
c. spalling over fifty percent (50%) of a single sidewalk square with a depression
equal to % inch or more;
d. a single sidewalk square cracked in more than three (3) pieces or sections
distorted % inch or more;
e. sidewalk raised (or depressed) more than two (2) inches in an eight foot to ten
foot length from the normal grade of the sidewalk;
f. a single sidewalk step broken or chipped more than two (2) inches in the tread
surface; and
g. water stop box projecting %" or more above the normal grade of the sidewalk,
parkway, driveway, or surrounding area;
h. any other condition which renders the sidewalk dangerous to pedestrians as
determined by the Sidewalk Inspector.
6. "Construction season" for the purpose of this policy is from April 15th to November
I st of each year.
7. "Sidewalk Inspector" is the person or persons designated by the City Manager to
implement the provisions of this Sidewalk Inspection Policy.
INSPECTION PROGRAM
The City shall implement a comprehensive, systematic, city-wide Sidewalk Inspection
Program. The Sidewalk Inspection Program shall include all sidewalks within the City
and shall be ongoing. In addition to the designated route, any potential defective
locations whether through referrals, complaints, incident reports, or any other reporting
IV.
methods shall be inspected. The length of time necessary to complete inspection of all
public sidewalks in the City will depend upon the conditions and complications found.
REPLACEMENT OR RECONSTRUCTION PROCEDURES
A public sidewalk will be considered defective when it exhibits one or more of the
characteristics under the definition of "Sidewalk Defect". When a sidewalk is found to
contain such a defect, the City, through the Sidewalk Inspection Program, will issue a
certified mail notice to the abutting property owner requiring that the appropriate
replacement or reconstruction be made within thirty (30) days. However, if a notice is
issued in the period between November 1st and April 15th, the property owner will have
thirty (30) days from the beginning of the construction season (April 15) to complete the
necessary work.
All replacement or reconstruction will require City permits and must be performed in
accordance with City specifications, which are made by this reference a part of this
policy.
Property owners may file an application with the Sidewalk Inspector for an extension of
the thirty (30) day period. Extensions may be granted only for extenuating and rare
circumstances that demonstrate that the property owner will not be able to initiate or
complete the replacement or reconstruction within the thirty (30) day period. The
property owner, as a condition of the extension, must agree to assume all liability for the
defective sidewalk and to defend, indemnify and hold the City harmless in the event of
any claim against the City, until the sidewalk is replaced or reconstructed.
If the City Manager determines that the replacement or reconstruction of the sidewalk is
not possible because of circumstances beyond the control of the abutting property owner,
the City Manager may allow or require a temporary repair of the sidewalk until such time
as the replacement or reconstruction can property take place.
All sidewalks, where repair notices have been issued, will be reinspected by the Sidewalk
Inspector at the end of the thirty (30) day period to determine whether the replacement or
reconstruction has been completed. For work not completed at the time of reinspection
and where no extension has been granted, the City will cause the work to be performed
and assess the cost against the abutting property, to be collected in the same manner as
property taxes. The City will prepare a schedule of proposed assessments as provided for
in the Iowa Code and the City of Dubuque Code of Ordinances as necessary. The
amount assessed against a property will include an administrative charge of fifteen (15%)
percent of the assessment to cover the additional cost of administering the program,
preparing work orders, overseeing the work, permit fees, and preparation of paperwork
associated with assessing the cost to the property.
If the amount assessed against a property exceeds one hundred dollars ($100.00), the
assessment may be paid in ten (10) annual installments, in the same manner and with the
same interest rates provided for assessments against property under Iowa Code Chapter
384, Division IV.
v.
DOCUMENTATION
VI.
The City will maintain records for five (5) years, showing the date on which each
sidewalk within the City was last inspected, the properties that were found to have
defects, the action taken to correct the defect(s), and the date when such work was
completed.
USE OF CONTRACTORS AND PERMITS
When a property owner is notified to replace or reconstruct the abutting sidewalk, the
property owner will also be provided a list of prequalified sidewalk repair contractors.
Each year the City will prequalify contractors to participate in the Sidewalk Inspection
Program. Such prequalification will include insurance coverage as required by the
Finance Department.
A City sidewalk permit is required for work performed by a prequalified contractor or
homeowner, prior to the commencement of the work. All work must be inspected by the
City and must be according to City Engineering Department Standards and
Specifications.
VIr.
LOW AND MODERATE INCOME PROPERTY OWNERS
Notification to a property owner will include an explanation of City cost-sharing
available to low and moderate-income property owners. If the property owner meets the
requirements, the property owner must contact the Sidewalk Inspector and provide
documentation of income, residency and owner-occupied status, prior to commencement
of any work.
The income standards to be used for determining low-and moderate-income will be the
same as the standards used for the Section 8 Housing Assistance Payments Program.
City cost-sharing is limited to the replacement or reconstruction of existing defective
sidewalks. New, first-time sidewalks must be installed at the property owner's sole
expense.
The City will cost-share in the cost of replacement or reconstruction only to correct
defects described in the notice to the property owner or to properly match the adj acent
sidewalk. The City will not cost-share in any other sidewalk work without the written
approval of the City Manager.
The City will pay up to seventy-five (75%) percent of the cost of sidewalk replacement or
reconstruction for owner-occupied low and moderate-income property owners but only
for City-approved contractors.
If a low or moderate-income property owner chooses to replace or reconstruct the
sidewalk himself or herself, the City will pay only for 100% of the cost of the concrete to
correct the defect. The property owner will be responsible for requesting reimbursement
from the City. The reimbursement will be based upon market rate concrete price(s) and
established quantities of concrete per square foot of sidewalk replaced or reconstructed.
If a prequalified contractor is used by a low-or moderate-income property owner, the
contractor must directly bill the City for the City's share of the sidewalk replacement or
reconstruction and directly bill the property owner for the property owner's share. The
bill for the City's share must show the total cost, the City's share of the cost, and the
property owner's share of the cost.
VIII.
APPEALS
An appeal to the City Council from the interpretation or application of any of the terms
of this policy shall be made by filing a written notice of such appeal with the City Clerk.
Rev. 12/10/04