Code of Ordinances Amendment - Title 10- Sidewalk Installation and RepairTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Installation and Repair Ordinance
DATE: August 26, 2014
Dubuque
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AI -America City
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2007 • 2012 • 2013
Section 10-1-2 of the City of Dubuque Code of Ordinances requires a property owner to
maintain sidewalks abutting the property. Historically, the Iowa Appellate Courts have
held that while a city may delegate responsibility for repair of sidewalks to the abutting
property owner by ordinance, as the current Dubuque ordinance does, a city may not
delegate liability to the abutting property owner for the failure to repair a sidewalk which
results in injury. A recent ruling by the Iowa Supreme Court held that cities may
delegate such liability by ordinance.
The amendment will require an abutting property owner to maintain the sidewalk, which
is the area from the back of the curb to the right-of-way line, and further provides that
the abutting property owner is liable for damages caused by a failure to maintain such
area.
City Attorney Barry Lindahl recommends City Council approval of an amendment to
Section 10-1-2 of the City of Dubuque Code of Ordinances.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7.-
Mic ael C. Van Milligen
bc./1144 0/4
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: August 26, 2014
RE: Sidewalk Installation and Repair Ordinance
Section 10-1-2 of the City of Dubuque Code of Ordinances requires a property owner to
maintain sidewalks abutting the property. Historically, the Iowa Appellate Courts have
held that while a city may delegate responsibility for repair of sidewalks to the abutting
property owner by ordinance, as the current Dubuque ordinance does, a city may not
delegate liability to the abutting property owner for the failure to repair a sidewalk which
results in injury.
A recent ruling by the Iowa Supreme Court held that cities may delegate such liability by
ordinance.
The attached amendment will require an abutting property owner to maintain the
sidewalk, which is the area from the back of the curb to the right-of-way line, and further
provides that the abutting property owner is liable for damages caused by a failure to
maintain such area.
If the city has actual knowledge or constructive notice of a defective sidewalk, the city
could still be jointly liable with the abutting property owner for failure to maintain the
sidewalk because the city has a statutory duty under the Iowa Code to keep sidewalks
in good repair. However, in the absence of such knowledge or notice, the abutting
property owner would be primarily liable for any injury resulting from the failure to
maintain the sidewalk.
I would recommend that the attached ordinance be submitted to the City Council for
consideration and adoption.
BAL:tls
Attachment
cc: Gus Psihoyos, City Engineer
F:\USERS\tsteckle\Lindahl\Memos\MVM_Sidewalklnstallation&RepairOrdinance_082614.doc
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
ORDINANCE NO. 57-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 1 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, SECTION 10-1-2-B SIDEWALK INSTALLATION AND REPAIR BY
FURTHER DEFINING THE DUTY AND LIABILITY OF THE ABUTTING PROPERTY
OWNER.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
DUBUQUE, IOWA:
Section 1. Section 10-1-2-B of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-1-2: SIDEWALK INSTALLATION AND REPAIR:
B. Duty of Abutting Property Owner to Maintain. The abutting property owner must
maintain the area from the back of the curb to the right of way line, and must keep such
area in a safe condition free from defects, debris, nuisances, obstructions or any other
hazard. The abutting property owner is liable for damages caused by failure to maintain
such area. The abutting property owner must maintain such area in a safe condition, in
a state of good repair, and free from defects. The abutting property owner is liable for
damages caused by failure to maintain such area. Notwithstanding the obligations
imposed hereunder, the property owner may not remove diseased trees or dead wood
or plant, trim, remove or treat any tree or plant material on public right of way without
first obtaining a permit from the city forester.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 2nd day of September, 2 4.
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
EFFECT OF AMENDMENT
10-1-2: SIDEWALK INSTALLATION AND REPAIR:
B. Duty of Abutting Property Owner to Maintain. The abutting property owner must
maintain the area from the back of the curb to the right of way line, and must keep such
area in a safe condition free from defects, debris, nuisances, obstructions or any other
hazard. The abutting property owner is liable for damages caused by failure to maintain
such area. The abutting property owner must maintain such area in a safe condition, in
a state of good repair, and free from defects. The abutting property owner is liable for
damages caused by failure to maintain such area. Notwithstanding the obligations
imposed hereunder, the property owner may not remove diseased trees or dead wood
or plant, trim, remove or treat any tree or plant material on public right of way without
first obtaining a permit from the city forester.
B. Duty Of Owner To Maintain: The owner of any lot or parcel thereof abutting upon any
sidewalk on the city streets in the city shall maintain said sidewalk free from cracks,
such conditions arc hereby declared a public nuisance. For the purposes of this section,
II
II
the property.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: September 05, 2014, and for which the charge is $19.18.
Subscribed to before me, a
this ""',"/ day
4:'<ary Public in and for Dubuque County, Iowa,
, 20 .
/Notary Public in and for Dubuque County, Iowa.
* .K TERMEIE
5
(.1;orornleE,,on Number 15488
...„
OFFICIAL
PUBLICATION
ORDINANCE NO. 57-14
'AMENDING CITY OF
,c)DRUDRVNQAHNEcECsOL'!ETITOLEF
10 PUBLIC WAYS AND
PROPERTY, CHAPTER
1 STREETS, SIDE-
WALKS AND OTHER
PUBLIC PLACES, SEC=
TION 10-1-2-B SIDE-
WALK INSTALLATION
AND REPAIR BY FUR-
THER DEFINING THE
DUTY AND LIABILITY
OF THE ABUTTING
PROPERTY OWNER‘
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF DU- 1
BUQU8, IOWA:
Section,1. Section 10-
1-2-8 of the City of Du.
buque Code of Ordi-
nances is amended to
read as follows:
10-1-2: SIDEWALK IN-
STALLATION AND RE-
PAIR;
B. Duty of Abutting
Property Owner to
Maintain. The abutting
property owner must I
maintain the area from
the back of the curb to
the right of way line,
and must keep such
area in a safe condition
free from defects, de-
bris, nuisances, ob-
structions or any other
hazard. The abutting
Property owner is lia—
ble for damages
caused by failure to
maintain such area.
The abutting property
owner must maintain
such area in a safe
condition, in a state of
good repair, and free
from defects. The abut-
ting property owner is
liable for, damages
caused by failure to
maintain , such area.
Notwithstanding the
obligations imposed
hereunder, the proper-
ty owner may not re-
move diseased trees or
dead wood or plant,
trim, remove or treat
any tree or plant mate-
rial an public right of
way without first ob-
taining a permit from
the city forester.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved and
adopted this 2fld day of
September 2014..
/s/Roy D. Buol, Mayor
Attest: /s/Trish L.
Gleason, CMC,
Assistant City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of September,
2014.
/s/ Trish L. Gleason,
CMC, Assistant City
Clerk.
1t 9/5