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HomeMy WebLinkAboutReso 1973-6785RESOLUTION NO. 6785 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION N0. 4675 ESTABLISHING A SIDEWALK MAINTENANCE POLICY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6510 OF THE STREETS AND HIGH- WAYS CODE OF THE STATE OF CALIFORNIA AND SECTION 27.2 OF THE CHULA VISTA CITY CODE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, problems have arisen in the past regarding the obligations of the City for the repair and maintenance of sidewalks where damage has been the result of root growth of City street trees, and WHEREAS, it is now desired to clarify the policy of the City in this regard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the sidewalk maintenance policy adopted by Resolution No. 4675, approved by the City Council of the City of Chula Vista on the 23rd day of January, 1968, be, and the same is Yiereby amended in the following respects: 1. Paragraph 1(a) - Sidewalk Maintenance - shall read as follows: (a) City recognizes the primary responsibility of the abutting property owner to maintain the sidewalk abutting his property in a non-hazardous condition for pedestrian traffic. It shall be the responsibility of the property owner to prevent vegetation, either from his property or the parkway area, excepting City street trees, to grow in such a manner so as to obstruct the streets, side- walks, curbs and gutters so as to interfere with passage of pedestrians or vehicles or to impede the use of street cleaning equipment. It shall be the responsibility of the property owner to notify the Director of Public Works when any City street tree in a public right of way or street tree planting and maintenance easement adjacent to his property is obstructing the street, sidewalk, curb and gutter so as to interfere with passage of pedestrians or vehicles or to impede the use of street cleaning equipment. 2. Paragraph 2(b) - Sidewalk Repairs - shall read as follows: (b) Permanent Repairs. If permanent repairs require the removal and replacement of sidewalk, tree City will participate in the removal and replacement to the extent of ttie removal and preparation of the grade for the installation of a new sidewalk except under conditions outlined in No. 4 and No. 5. The property owner will secure a licensed and bonded contractor to make installa- tion of the new sidewalk at his expense. A no-fee permit will be issued to the contractor. Any repairs required within a street intersection or alley entrance will be made at the expense of the City. - 1 - r 3. Anew section (5) entitled City's Sole Responsibility for Repairs shall be added to read as follows: (5) City's Sole Responsibility for Repairs. Where it can be shown that a hazardous condition is the result of City street trees adjacent to the sidewalk, all costs of sidewalk repair and/or replacement will be borne by the City in accordance with Council Reso- lution No. 6192. Presented by /, i ;~ ~~~ Lane F. Cole, Director Public Works Approved as to form by ~ _~ ~~ ~ j George Lindberg, City Atto y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of March 19 73, by the following vote, to-wit: AYES: NAYES: ABSF"'"' - ATTF Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Councilmen None ~____ _: , _.__ r,__ _ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk - 2 - ~'~ 7gS"