HomeMy WebLinkAboutReso 1968-4675
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RESOLUTION NO. 4675
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A SIDEWALK MAINTENANCE POLICY IN ACCORDANCE
WITH THE PROVISIONS OF SECTION.S(SO OF THE STREETS AND
HIGHWAYS 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:
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WHEREAS, Section 5610 of the Streets and Highways Code of
the State of California, and Section 27.2 of the City Code of the
City of Chula Vista imposes the responsibility for the maintenance
of sidewalks upon the property owner abutting said sidewalks, and
t^]HEREAS, improperly maintained sidewalks constitute poten-
tial sources of_ tort liability against the City of Chula Vista and
the property owners, as well as being a source of hazard and. danger
to pedestrians of the City of Chula Vista, and
WHEREAS, the maintenance of sidewalks is usually accomplished
on a cooperative basis between the City government and the property
owners.
NOVd, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that the following sidewalk maintenance policy
be, and it is hereby adopted to provide a means of equitably carrying
out the requirements of Section 5610 of the Streets and Highways Code
and Section 27.2 of the Chula Vista City Code:
1. Sidewalk Maintenance.
(a) City recognizes the primary responsibility of
the abutting property owner to maintain the sidewalk
abutting tlis 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, to grow in
such a manner so as to obstruct the streets, sidewalks,
curbs and gutters so as to interfere with passage of
pedestrians or vehicles or to impede the use of street
cleaning equipment.
(b) It shall be the responsibility of the property
owner to maintain sidewalks, curbs and gutters free
and clear of. dirt, rocks, debris and other materials
which would tend to obstruct these facilities.
2. Sidewalk Repairs.
(a) Interim Repairs. Where a hazardous condition is
brought to the attention of the City, such as differen-
tial settling or elevating, deterioration, cracks or
any other condition which might contribute to the
hazardous condition of the sidewalk, the City caill
inspect the condition and make interim repairs.
(b) Permanent Repairs. If permanent repairs require
the removal and replacement of sidewalk, the City will
participate in the removal and replacement to the
extent of the removal and preparation of_ the grade for
the installation of a new sidewalk except under condi-
tions outlined in No. 4. The property owner will
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secure a licensed and bonded contractor to make
installation 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
City.
3. Curb and Gutter Repairs.
[where a hazardous condition is brought to the- attention
of the City involving the curb and gutter, such as dif-
ferential settling or elevating, deterioration, cracks
or other condition which might contribute to the
hazardous condition of the curb and qutter, the City
will make repairs.
4. Property Owner's Sole Responsibility for Repairs.
Where it can be shown that a hazardous condition is
the result of a property owner's action, the City will
require the repairs to be made at the sole expense of
the property owner.
BE IT FURTHER RESOLVED that copies of this sidewalk mainten-
ance policy shall be maintained in the Office of the City Clerk and
the Office o.f the Director of Public Works, and shall be available to
the interested public.
Presented by Approved as to form by
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Lane F. Cole, Director of Public George D Lindberg, City At~ ey
Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 23rd day of. January , 1968 , by the
following vote, to-wit:
AYES : Councilmen McAllister, Sparling, Sylvester
NAYES : Councilmen McCorquodale, Anderson
ABSENT: Councilmen None
Mayor of the ity of Chula Vista
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ATTEST '_' ..-~ ..- r.. ` .. i , c~.,_~ ~ ~- .~~
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City Clerk
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 Cler
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