HomeMy WebLinkAboutReso 1966-4224RESOLUTION N0. 4224
RESOLUTION OF THE CITY COUNCIL ^vF '1'HE CITY OF CHULA VISTA
ES'1'ABLTSHING A SIDEWALK MAINTENANCE POLICY IN ACCORDANCE
WITH THE PRO`•'ISIONS OF SECTION 5610 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORi1IA AND SECTION 27.2
OF THE CHUI~A VISTA CITY CODE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Section 5610 of the Streets and Highways Code of
the State of California and Section 2702 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
WHEREAS, 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.
NOW, 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. 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, 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.
2. 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,
3. Where a hazardous condition is brought to the atten-
tion of the City, such as differential settling or e~evat-
ing, deterioration, cracks or any other condition which
might contribute to the hazardous condition of the side-
walk, the City will inspect the condition and make interim
repairs.
4. If permanent repairs require the removal and replace-
ment of sidewalk, the City will participate in the re-
moval and replacement to the extent of the removal and
preparation of the grade for the installation of a new
sidewalk except under conditions outlined in No. 5.
-1-
The property owner will secure a licensed and bonded
contractor to make the installation of the new side-
walk 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.
5. 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 main-
tenance policy shall be maintained in the Office of the City Clerk
and the Office of the Director of Public Works, and shall be aval-
able to the interested publico
Presented y
Lane Cole, City Engineer
App~~ji'o~/~r as to ~orm~,by~_ ; ,
George D. Lindberg, City Attorney
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