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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 band AI -America City r 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