Sidewalk Inspection Program revisions
November 3, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Revisions to Sidewalk Inspection Program
The City implemented the Sidewalk Inspection Program in 1989 as a result of a lawsuit,
Spechtenhauser vs. City of Dubuque. Iowa Code Section 364.12(2) provides that “A
city is responsible for the care, supervision, and control of public grounds, streets,
sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing
separations and approaches, except those lawfully required to be maintained by a
railway company, and the city shall keep all public ways, squares, and commons open,
in repair, and free from nuisance . . . “
The Iowa Supreme Court in the Spechtenhauser case held 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. Several of our prior decisions support the view that municipal
corporations bear an active obligations with respect to sidewalk inspection.”
In response to the Spechtenhauser decision, the City implemented an ongoing and
comprehensive Sidewalk Inspection Program, which has reduced the City’s potential
liability for any injury which may occur as a result of a defective sidewalk. Since the
program began, the numbers of claims against the City have declined.
From 1997 through 2001, the claims for personal injury from sidewalk falls exceeds
$176,000.
In 2004 there were nine personal injury claims, and in 2005 there have been six.
The cost of implementing the Sidewalk Inspection Program with two inspectors is
approximately $43,000 per year. This does not include overhead costs such as
benefits, vehicle cost, supplies, postage, etc.
Based on citizen concerns, the Engineering Department is recommending the following
changes to the sidewalk inspection program.
1. Allow a 60-day extension for completion of the work with a signed
Indemnity Agreement by owner.
2. Provide advanced notification of the areas to be inspected.
3. Continue the no-patching policy.
4. Lower permit fees, from all costing $50, as is currently the practice, to
some paying as little at $10.
5. Review dead end/stub streets within a subdivision on a case-by-case
basis.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
____________________________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
MEMORANDUM
November 3, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Revisions to Sidewalk Inspection Program
INTRODUCTION
The Engineering Department received many calls from citizens regarding various
concerns with the Sidewalk Inspection Program this year.
The City implemented the Sidewalk Inspection Program in 1989 as a result of a lawsuit,
Spechtenhauser vs. City of Dubuque. Iowa Code Section 364.12(2) provides that “A
city is responsible for the care, supervision, and control of public grounds, streets,
sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing
separations and approaches, except those lawfully required to be maintained by a
railway company, and the city shall keep all public ways, squares, and commons open,
in repair, and free from nuisance . . . “
The Iowa Supreme Court in the Spechtenhauser case held 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. Several of our prior decisions support the view that municipal
corporations bear an active obligations with respect to sidewalk inspection.”
In response to the Spechtenhauser decision, the City implemented an ongoing and
comprehensive Sidewalk Inspection Program, which has reduced the City’s potential
liability for any injury which may occur as a result of a defective sidewalk. Since the
program began, the numbers of claims against the City have declined.
The claims for personal injury of $10,000.00 or more for defective sidewalks paid by the
City since 1997 are as follows:
YEAR NO. OF CLAIMS CLAIM TOTALS
1997 2 $41,076.00
1998 1 $26,193.00
1999 1 $22,444.00
2000 2 $64,036.00
2001 1 $22,880.31
2002 0
2003 0
In 2004, there were 9 personal injury claims against the City for defective sidewalks.
The personal injury claims were all settled out of court for a total of approximately
$16,000.00 (not including any defense costs).
To date in 2005, there have been six claims against the City for personal injuries for
defective sidewalks. Of the six claims, three have been denied, two have been settled
for approximately $850.00, and one claim is pending.
The cost of implementing the Sidewalk Inspection Program with two inspectors is
approximately $43,000 per year. This does not include overhead costs such as
benefits, vehicle cost, supplies, postage, etc.
DISCUSSION
Since the Sidewalk Inspection Program was established in 1989, the Engineering
Department has updated and made revisions to the program: 1996, discontinued
patching option, 2003, increased permit fee from $30.00 to $50.00, and 2004, clarified
various definitions.
The Sidewalk Inspection Program covers approximately 10-12 miles of sidewalk each
year. Of those sidewalks inspected, approximately 65-70% have defects that need to
be corrected.
The following is a general overview of the Program performed by one or two
Engineering staff members:
1. Inspect route area during the months of April through September for
defects. Research owners and prepare a letter notifying the property
owners of defects. Send by certified mail at a cost of $4.60 per property.
2. Respond to questions of property owners and contractors. Visit site to
explain defects.
3. Work with owners requesting financial assistance and process all
associated documentation.
4. Meet at the site with the owner/contractor to issue the permit and answer
any further questions. Prepare invoice for the cost of the permit.
5. Follow-up visit to site to ensure work is in compliance with City of
Dubuque Standards and Specifications. If work is not completed, send
letter notifying property owner that property owner will be placed on an
assessment project.
6. Prepare bidding documents for an assessment project.
With a typical inspection, Engineering personnel visit each site at least three times.
Inspection, permit issuance, and compliance check.
Based on the number of complaints received, the Program has been reviewed again
and the following additional changes are recommended for implementation.
RECOMMENDATIONS
Sixty-Day Extensions.
The previous Program gave property owners 30 days to
complete work. Property owners have complained that the time frame does not allow
enough time to get estimates, execute a contract, and get the work completed. Also,
many property owners have expressed dissatisfaction with not being given more notice
because of financial concerns.
It is recommended that the City continue the initial 30 day completion deadline but allow
a 60-day extension. This extension would be granted only if the property owner
assumes all liability relating to defects in the sidewalk during the period of the extension.
This would be done in the form of an Indemnity Agreement holding the City harmless
from any claim relating to the sidewalk during the period of the extension. The
Indemnification Agreement is necessary since the City is on notice of the defective
condition but is allowing an additional period of time for the property owner to make the
repairs, thus exposing the City to liability for any incident that may occur during the
period of the extension. By requiring property owner to execute the Indemnity
Agreement, the property owner, not the City, assumes the risk of any injury during the
period of the extension. In cases where the extension is granted late in the year, the
extension may actually continue into the next construction season.
Advanced Notice of Required Repairs.
It is recommended that advance notification
be sent to property owners at least 30 days prior to the initial inspection. This advance
notification would respond to concerns about unexpected expenses for property owners.
It is also recommended that the City offer a 50% reduction in the permit fee for owners
who do a full slab removal and reconstruction of sidewalk/driveway as an incentive to
complete work prior to mandated inspection and notification.
No Patching Permitted.
The City does not allow any surface patching of sidewalks. An
owner is allowed to do a full-depth, straight cut patch. It has been found from past
years that a majority of surface patches tend to start cracking and breaking apart within
a couple of years. Based on our current level of inspections, the cycle to inspect all City
th
sidewalks is approximately every 45 years. We are in our 16 year of inspections. The
Engineering Department researched other cities in Iowa to see what their policy was
regarding patching of sidewalks. Of the 10 cities in Iowa contacted, none allow surface
patches. Therefore, it is recommended that the no-patching be continued.
Reduced Permit Fees.
Any property owner is required to obtain a permit to work in the
right-of-way prior to doing repairs or reconstruction of sidewalks. This permit fee is
$50.00 regardless of the type or amount of work performed. Many property owners feel
that the $50.00 fee is excessive.
It is recommended that the inspection fees be modified to reflect the types of repairs
made and the extent of work performed as follows:
Water Stop Box Repair $10.00
Grinding Slabs $10.00
Raising/Lowering Slabs $10.00
Courtesy Strip Removal $10.00
Remove/Replace Sidewalk/Approach $50.00
It is also recommended that the City refund the permit fee for the property owners who
have completed their work this construction season based on this modified fee
schedule. Refunds for approximately 69 property owners would total $2,760.00.
Dead-End/Stub Streets.
The subdivision ordinance requires sidewalk installation when
50% of lots are developed in a platted subdivision and installation on all lots when 80%
is developed. However, where property is platted at the end of a street leading into an
undeveloped or unplatted area, there may be no benefit to pedestrians, and therefore
no immediate need for a sidewalk.
It is recommended that sidewalk installation for these dead end/stub street properties be
determined on a case-by-case basis. Guidelines for this determination would be as
follows:
1. The amount of pedestrian traffic using the area and the safety of the
pedestrians.
2. In an area where the end property owner has a driveway, the property
owner would be required to install sidewalk from the driveway to the
developed side, thus abutting the neighbors.
3. In an area where the property owner does not have a driveway, the
property owner would be required to install the entire sidewalk, even if it
leads to a dead end/stub street. If an area does not have a driveway, and
the property owner is not required to install sidewalk, the next neighbor in
the adjoining platted subdivision lot could make a case that the neighbor’s
sidewalk is also leading to nowhere. This could continue down the line
through a subdivision.
If the sidewalk has no impact on pedestrian traffic or safety, or if it leads to an
undeveloped area on one side of a driveway, the City could allow a delay in the
sidewalk installation. The property owner would have to sign an agreement stating
that the property owner, or future owner, will be responsible for the sidewalk installation
at the time the abutting development takes place, or when it is determined by the City
that it would benefit pedestrian traffic.
In summary, the recommended changes to the Sidewalk Inspection Program are as
follows:
1. Allow a 60-day extension for completion of the work with a signed
Indemnity Agreement by owner.
2. Provide advanced notification of the areas to be inspected.
3. Continue the no-patching policy.
4. Lower permit fees.
5. Review dead end/stub streets within a subdivision on a case-by-case
basis.
ACTION TO BE TAKEN
I would request that you review the above changes to the Sidewalk Inspection Program,
and if they are acceptable, refer them to the City Council for consideration.
GP/ka