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Ordinance 084-17Dayton Legal Blank, Inc. Ordinance No. RECORD OF ORDINANCES 84-17 (Amended) Form No. 30043 Passed , 20 AN ORDINANCE AMENDING CHAPTER 97 OF THE CODIFIED ORDINANCES REVISING THE SIDEWALK MAINTENANCE REQUIREMENTS WHEREAS, Chapter 97 of the Codified Ordinances of the City of Dublin ("Codified Ordinances' provide street and sidewalk regulations for the City of Dublin ("The City'; and WHEREAS, Section 97.21 assigns the owner or occupant of abutting lands the responsibility to keep sidewalks, curbs or gutters in repair and free from snow, ice or any nuisance; and WHEREAS, the City desires to amend Section 97.21 for the City to assume responsibility for the repair or replacement of the sidewalk, curbs or gutters except when the City Manager determines damage to the sidewalk, curbs or gutters is caused by the owner or occupant of abutting lands. In such cases, the owner or occupant would be responsible for said sidewalk, curbs or gutters repair or replacement. The City would determine when such repair or replacement is necessary. The abutting property owner would continue to be responsible to keep the sidewalks free from snow, ice or any nuisance NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, �,Z of its elected members concurring, that: Section 1. Existing Section 97.21 of the Codified Ordinances be amended as follows: (A) No owner or occupant of abutting lands shall fail to keep the sidewalks, free from snow, ice or any nuisance. (B) The City, to the best of its ability, shall be responsible for the repair or replacement of the sidewalk, curbs or gutters except when the City , Manager determines damage to the sidewalk, curbs or gutters is caused by the owner or occupant of abutting lands. In such cases, the owner or occupant shall be responsible for said sidewalk, curb or gutter repair or replacement. In all cases, the City shall determine when such repair or replacement is necessary. Section 2. This Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be necessary to implement this Ordinance. Section 3. This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. aSsed this ����aay of � u, 2017. ayor - Prdsiding Officer 'ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkwa*City of Dublin Phone: 614.410.4 00 . F x: 6114.4 0.4490 1090 Memo To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: November 30, 2017 Initiated By: Megan O'Callaghan, PE, Director of Public Works Paul A. Hammersmith, PE, Director of Engineering/City Engineer Robert Taylor, PE, Infrastructure Asset Management Engineer Re: Ordinance 84-17 - An Ordinance Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements — Follow -Up Sidewalk Maintenance Benchmarking Information Summary At Council's November 20 meeting, City staff provided Council with comprehensive background information on sidewalk maintenance including the history of Dublin's sidewalk maintenance, Dublin's tree lawn and street tree requirements, 2017 citywide condition assessment information and estimated repair costs, and an overview of City policy and practice regarding responsibility for sidewalk maintenance. Curb and gutter maintenance information was also included. Finally, research on policies and practices of other communities and a recommended policy direction for the future maintenance of these assets that included a proposed code amendment revising the maintenance responsibilities was provided. Council requested benchmarking information from the research that was performed on policies and practices of other communities, and staff indicated that it would provide that information in a follow-up memorandum. The attachment provides a summary of the policies and practices of many of the communities that were researched. Recommendation An important factor in maintaining high quality infrastructure throughout Dublin is clear delineation and ownership of maintenance responsibilities. City Council places a high priority on maintenance of the City's infrastructure and expects a safe sidewalk network throughout the City. Accordingly, staff recommends amending Section 97.21 of the Codified Ordinances to clarify maintenance responsibilities associated with sidewalk, curb and gutter. The proposed code amendment would continue to require the abutting property owner to keep the sidewalks free from snow, ice or any nuisance. The City would be responsible for the repair or replacement of the sidewalk, curbs or gutters except when the City Manager determines damage to the sidewalk, curbs or gutters is caused by the owner or occupant of abutting lands. In such cases, the owner or occupant would be responsible for said sidewalk, curb or gutter repair or replacement. The City would determine when such repair or replacement is necessary. Examples of instances when the property owner could be deemed responsible for repairs include a root from a tree located on the abutting property in close proximity to the sidewalk causes upheaval, excessive use of snow and ice melting materials causes spalling, or the property owner parks heavy equipment on or across the sidewalk causing it to crack. Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements — Follow -Up Sidewalk Maintenance Benchmarking Information November 30, 2017 Page 2 of 2 In addition, staff recommends fully incorporating sidewalk and curb and gutter assets into the City's Infrastructure Asset Management program described in the attached staff report dated November 16, 2017 and including the following: • Maintenance repair method to include sidewalk shaving for between a 1/2 -inch and 2 -inch vertical separation, panel replacement for greater than a 2 -inch vertical and 1/2 -inch horizontal separation. • Maintenance funding levels to be determined on an annual basis depending on condition assessments and prioritized along with the maintenance of other City managed infrastructure assets. Staff believes the proposed amendment codifies Council's expectations and the City's past practices with regard to sidewalk, curb and gutter maintenance and will ensure these infrastructure assets are maintained effectively and consistently throughout the City. Sidewalk Maintenance Benchmarking 11/30/2017 Entity Code/Policy/Practice Inventory Routine Notes Inspections Bexley Abutting property owners are responsible for the Yes, 3 year Property owners can choose to perform the repairs with their own contractor or they may opt replacement of damaged, deteriorated, or unsafe cycle to have the City's contractor perform this work for the set price of $155.00 (2015 Sidewalk sidewalk panels. Program pricing) per panel. If the property owner chooses the latter, payment must be received in full thirty days after the work has been completed, or the property owner may City repairs panels damaged by street trees. choose to have the cost assessed on their property tax bill. Columbus The abutting property owner is responsible for any No. Residents are provided with a list of contractors to use or they have the option of having the needed repairs and other maintenance to sidewalks, such Complaint City perform the work and have the cost assessed on their property tax bill. as snow and ice removal. Columbus City Code Section driven. 905.04 establishes the maintenance responsibility to the property owner. To report a sidewalk in poor condition, contact 311 Call Center at (614) 645-3111 or email: 311@columbus.gov. City repairs panels damaged by street trees. Delaware Abutting property owner is generally responsible for 300 miles Yes, 10 year Safe Walks Program started in 2007 —completed repairs citywide in 10 year period - $200,000 - sidewalk maintenance. cycle $300,000 each year. Annual amount was then reduced to $50,000. City repairs panels damaged by street trees. In Delaware property owners have three options: • Make required repairs within given timeframe as established in a Resolution of Necessity • Agree to participate in the city annual program and pay for the final cost of repairs on their respective property when invoiced by the city. • They fail to make repairs or to contact the city, in which case the city makes repairs and invoices the owner, or assesses against the property. Gahanna Abutting property owner is responsible for sidewalk 260.5 No The City does not repair sidewalks. maintenance. miles Hilliard Property owners shall be responsible at all times for the No, but plans The City allocates $75,000 per year for a program to replace sidewalk panels damaged by maintenance and repair of sidewalks for public use in to start an street trees. front of, beside or behind their property. inventory. City repairs panels damaged by street trees. Marysville Property owner is responsible for sidewalk maintenance 107 miles Yes The City has implemented a program that will partially reimburse the owner for costs incurred for sidewalk and curb replacement. The program is funded at $30,000 per year. Residents are City repairs panels damaged by city utilities. asked to repair sidewalks and the City provides a 50% match up to $1,500. The same match program is available for curb/gutter repair. Any remaining funds are used by the City for City performs sidewalk shaving. sidewalk shaving. New Albany Property owner is responsible for sidewalk maintenance. No One time project $240,800 in 2016 - City Council authorized the replacement of sidewalk in hazardous condition caused primarily by street tree roots. In 2016, New Albany replaced sidewalks in hazardous condition caused primarily by street tree roots. Upper Arlington Abutting property owner is responsible for sidewalk 152 miles Yes, 5 year The City will bid out sidewalk work that is the city's responsibility to repair (e. g. damage maintenance. cycle caused by street trees) and then may use that contract to repair sidewalk where the residents failed to act and bill those residents for the cost of those repairs. The city shall perform all necessary repairs or replacement of sidewalk damaged by tree growth at city expense. Westerville The property owner is responsible for the maintenance Yes, 10 year City issues notice to property owners of deficient sidewalks including estimated costs and of the sidewalk abutting their properties. cycle options for completing repairs. If the damaged walk is the result of a city tree or is part Property owners can have their repairs assessed if desired; 0% interest over a 5 year of an accessible ramp, the City is responsible for both the period. Generally, residents have two options for repairing the sidewalks: repairs and the cost of repairs. First, the property owner can make their own repairs. A sidewalk repair permit, which details the specifications for sidewalk repairs, is required. A permit fee of up to $100 for the City's Building Inspector's services during construction may also be required. The homeowners may do the work themselves or hire a contractor to complete the repairs. The second option for sidewalk repair is to do nothing upon receipt of the notice and have the City's contractor do the work. The City pays the contractor for the actual cost of the work. A completion notice will be mailed to the homeowner after the work is completed which will indicate the City's actual cost of completing and inspecting the repairs, as well as restoring the lawn area. The homeowner may review the costs and make full, partial, or no payment to the City. A homeowner's remaining unpaid balance will be forwarded to the appropriate County Auditor's office. The balance, plus interest, will be assessed to their property taxes over the following five years. Worthington Abutting property owner is generally responsible for No Each property owner that needs to address a trip hazard with their sidewalk is issued a letter sidewalk maintenance. notifying them of the need for corrective action, and they are given the choice of hiring the City's contractor at the city's rate for the work, or hiring their own. In either case, it is up to City will remove street tree and property owner repairs the property owner and the contractor to transact the business as the City does not act as an sidewalk. agent or "pass through" for contracted work and payment of private appurtenances. Kettering, OH Property owners are responsible for the sidewalk, curbs, Yes and drive approaches abutting their properties. First, the property owner could hire a contractor. The contractor must obtain a right-of-way construction permit within thirty (30) days of official notification, to replace the sidewalk, drive approach, and/or curbs. The contractor has thirty (30) days from the time the permit is issued to complete the work. The contractor must post a performance bond which will remain on file with the City for a period of 12 months. The contractor must also provide proof of insurance, listing the City of Kettering as an additional insured. The work must also have a final inspection. You may contact the Engineering Department at 937-296-2436 to check on contractor's bond and insurance status. The second option for replacement is to have the contractor that the City hires complete the work. The City pays the contractor for the actual cost of the work. Once the work is completed and a final letter is sent to the property owners, the property owner may either pay cash to the City for the work or have the actual cost plus interest, and a County collection fee assessed to their property taxes. Austin, TX City is responsible for sidewalk maintenance. 2400 Yes miles Carmel, IN Sidewalk maintenance is the property owner's Yes Sidewalk maintenance is the property owner's responsibility. The City (Street Department) responsibility. maintains perimeter sidewalks surrounding subdivisions and sidewalks along City streets. If you need to make repairs to your sidewalk, the City requires that you replace full panels of The City (Street Department) maintains perimeter sidewalk, and as with any work in the City's right-of-way, you (or the contractor performing sidewalks surrounding subdivisions and sidewalks along the work) need to first obtain a right-of-way permit [PDF] from our office. The only exceptions City streets. to this would be if your subdivision is newly developed and the sidewalks are still covered under the performance bond, or if the damage to the sidewalk is being caused by a faulty City storm sewer pipe or sanitary sewer pipe (the laterals that serve your property are excluded). Palo Alto, CA The Public Services Division is responsible for maintaining Yes The City's annual sidewalk repair program completed the entire City district sidewalks in 2016, sidewalks. a 30 year (1986 to 2016) district -by -district sidewalk repair cycle. The City has the "Hot Spot" program, also known as the sidewalk repair in-house program that address sidewalk, curb and gutter requests on a case by case basis. "Hot Spot" repair priority will be based upon the severity of the damage. Greenville, SC The Streets Division is responsible for maintaining 125 miles Yes The Streets Division performs construction / rehabilitation work on 125 miles of sidewalks and sidewalks. 185 miles of curb and gutter sections. Honolulu, HI The City is generally responsible for sidewalk Yes maintenance. The City assigns responsibility to the abutting property owner only when the damage is attributable to actions of the abutting property owner. Oakland, CA The abutting property owner is responsible for sidewalk Yes maintenance unless damage is due to a city -owned street tree. San Francisco, CA The abutting property owner is responsible for sidewalk Yes maintenance unless damage is due to a city maintained tree, is in the sidewalk corner, is related to a utility facility or is in special areas where the City maintains the sidewalks, e.g. Market Street bricks. Scottsdale, AR Scottsdale's Street Operations Division maintains Yes The City of Scottsdale has a constantly rotating maintenance schedule for its sidewalk and sidewalks. intersection maintenance, and they are constantly being improved with new development. However, if you have difficulty traversing a specific area of the City due to the need for sidewalk access, or audible pedestrian signals, please request those improvements by clinking on the links below and filling out the online form, or by calling Streets and Alleys, Streetlight and Traffic Signal Maintenance. Adi Ask Office of the CRy Manager 1200 Emerald Parkway * Dublin, OH 43017-1090 ity of Dublin Phone: 614 .410.4400 # Fax: 614.410.4490 Cit To: Members of Dublin City Council -44. From: Dana L. McDaniel, City Manaqet. Date.f, November 16, 2017 En'Iffilated By,x Megan O'Callaghan, PE, Director of Public Works Paul A. Hammersmith, PE, Director of Engineering/City Enginee Robert Taylor, PE, Infrastructure Asset Management Engineer Re: Ordinance 84-17 - An Ordinance Amending Chapter 97 of the Codified Ordinance Revising the Sidewalk Maintenance Requirements i A- oil I 11117 ill! III IIIII III; I� III! ''PIT �rFMIF iL I T-1 VMS 1 1% Tf i Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 2 of 9 Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 3of9 On a related issue, as part of the 2007 Sidewalk Maintenance Program, rubberized sidewalk sections were installed at 11 locations on Schoolcraft Drive, Sells Mill Drive, Broxburn Court, and Coventry Woods Drive. Rubberized sidewalk was thought to flex with the growth of tree roots rather than crack due to root heave. In addition, the porosity of rubberized sidewalk was believed to allow water to penetrate into the subsoil encouraging deep rooting, reducing cracking and heaving. Below is a picture of a section of rubberized sidewalk taken in 2007 soon after its installation. Staff examined the sections of rubberized sidewalk sections in 2009 and 'due to the high cost of the installation, manufacturing irregularities, mid -panel deflection, and the lack of successful mitigation of tree root heave, the continued use of the modular rubberized sidewalk was not recommended in this application." All rubberized sidewalk sections were removed and replaced with concrete sidewalk panels in October of this year. The photo below shows the condition of the same section of rubber sidewalk just prior to removal. 2007 2017 Since the inception of the Sidewalk Maintenance Program in 2004, the method of repair was the selective replacement of deficient sidewalk panels. The program was communicated to the public as being offered as a "courtesy" that is available to assist residents with sidewalk maintenance and repairs. Requests would be accommodated as soon as possible. The timing of repairs has depended on many factors, such as the severity of the safety hazard, the location of the safety hazard in relation to a public facility, the other repair work needed in the area, how the area compares to other areas in the City, and available funding. In 2011, the City piloted another maintenance initiative known as sidewalk planing, or shaving, which is a common maintenance practice used by many other communities. The purpose of Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 4 of 9 sidewalk shaving is to remove trip hazard obstructions by cutting the vertical edge of the concrete at a proper slope to match the level of surrounding concrete with a goal of being ADA (Americans with Disabilities Act) compliant. This repair method was less intrusive (does not impact trees or adjacent turd and more cost effective than fully replacing deficient sidewalk panels. In 2015, the sidewalk shaving pilot locations were examined and staff recommended the sidewalk shaving method be incorporated into the Sidewalk Maintenance Program as an effective treatment to address trip hazards that defers more costly and intrusive sidewalk panel replacement. The process is quick, cost effective, less intrusive than replacing sidewalk panels, and leaves a clean, smooth surface in place of the trip hazard. The list of requests for sidewalk maintenance had grown over the years while the amount of funding dedicated to the program remained level. In addition, there had been challenges obtaining competitive pricing on this work as well as with contractor performance and productivity. As such, there was an increasing need to incorporate an alternative maintenance treatment that would be less intrusive and more cost effective than replacing sidewalk panels. The 2016-2021 CIP included an allocation of $50,000 for citywide sidewalk repairs for 2016, specifically for sidewalk shaving. Locations for shaving were selected based on resident requests and field evaluations to determine if the locations met the shaving requirement of a vertical separation of between 1/2 -inch and two inches. As of May 6, 2016, staff had 308 accumulated requests for sidewalk maintenance. These requests had been occurring over the years, and of these 308 requests, a total of 645 cuts at 162 properties were performed at a cost of $75 per cut in 2016. The final cost of the program was $48,375. Feedback on the sidewalk shaving has been overwhelmingly positive and staff received many requests to add locations should these services be offered in the future. Staff only received a couple of complaints about dust during the cutting process. For purposes of comparison, the 2014 Sidewalk Maintenance Program removed and replaced sidewalk panels at 257 properties. The average cost to remove and replace a sidewalk panel was $176. Generally, two to three sidewalk panels need to be replaced to address a location with a vertical separation deficiency. Accordingly, the sidewalk shaving method enables the City to address more than twice as many trip hazards without impacting trees in comparison to sidewalk panel replacement. The CIP included an allocation of $50,000 for the Sidewalk Maintenance Program in 2017. Staff utilized these funds to complete the requests from properly owners for sidewalk shaving that met Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 5 of 9 the vertical separation requirements. These funds were also used to remove the rubberized i,idewalk pilot sections and replace with new concrete sidewalks. i&- Dubil"n's Tree Lawn and Street Tree Requi*remenLs Prior to 2000, Dublin's standard residential tree lawn width was four to five feet wide while the current standard is seven feet. %W 2017 CI'tyw'lode SI'*dewalk Condition Assessment and Esti"mated Repal"r Costs At Council's direction, staff performed an updated citywide sidewalk condition assessment in the Spring of 2017. Dublin's sidewalk network consists of 992,858 feet, or 188 miles, of sidewalk. The vast majority of the network is concrete, however, there are small areas of paver constructed sidewalks in the Muirfield area and areas of brick sidewalks in Historic Dublil,; The inspection was performed to determine types of repairs needed, the quantity of repairs, as well as categorizing those repairs by the observed cause of the damage. The method of repair wal Avided into two categories: sidewalk shaving and sidewalk replacement. The causes were broken into three categories,,, I 1. Damage due to street tree roots (trees in the tree lawn area between the street and sidewalk), Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 6of9 2. Damage due to City utilities (sunken, broken, or shifted panels due to a buried City utility line), and 3. Other (raised, sunken, cracked, spalled, or otherwise damaged sidewalks due to owner - placed trees or no obvious reason). The identified deficiencies are shown on the attached density maps, entitled "Sidewalk Deficiencies — All Deficiencies per Linear Foot of Sidewalk" and "Sidewalk Deficiencies — Street Tree & City Utility Deficiencies per Linear Foot of Sidewalk . Number of Sidewalk Repairs - Citywide @ 12000 -C 10000 A 8000 c 6000 0 L 4000 E 2000 Street Tree city Utility Other Total ® Replace k Shave This information was used to develop preliminary cost estimates for maintenance of sidewalk panels in need of repair. The estimated cost to repair all sidewalks in need of repair citywide is between $2,500,,000 and $3,000,000. The estimated cost to repair all sidewalks in need of repair due to street tree roots is between $1,,400,000 and $1,700,,000. The estimated cost to repair all sidewalks in need of repair due to City utility lines is between $150,,000 and $200.,000. Esti m ate! Sidewalk RCosts $1,800,000 $I,400,000 $1,200,000 $1ro,000 $0,00Q $600,000 $400,000 5200,00 ■ so Street Tree City Ublity Other Total Replace Shave Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 7 of 9 Thus, if a street tree root grows to such an extent that it causes damage to a sidewalk, the C1 can require the abutting property owner to repair the sidewalk, but the City must first take any steps necessary to repair or remove the tree root at its own expense. I Curb and gutter is a storm water drainage conveyance component of the street and is considerei integral to the street composition. It benefits the street by collecting and conveying storm water from the street surface to catch basins along the street, provides support to the edge of the Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 8 of 9 asphalt composing the street, and provides a barrier to impede vehicles from leaving the travelell.i, roadway. As a result, the curb and gutter is viewed to be an essential component of the street 2nd should be kept in good repair. The City is certainly better equipped to perform the necessary repairs and maintenance than an individual adjoining property owner. With regard to curb and gutter,, it appears it is more common for communities to have the responsibility for maintenance, and/or a practice of, main taining curb and gutter than sidewalks. Many of the same practices and considerations appear to apply to curb and gutter as sidewalk with communities experiencing similar challenges with regard to practicality, enforcement, and maintenance at the desired standards. 114RIFFN ipgigii�' 1. Inventory — Asset information gathering through Geographic Information System (GIS) and field data. Detailed information is obtained and documented about the asset. Memo re. Ordinance 84-17 - Amending Chapter 97 of the Codified Ordinances Revising the Sidewalk Maintenance Requirements November 16, 2017 Page 9 of 9 Staff has not fully incorporated sidewalks and curb and gutters into Dublin"s Infrastructure Asset Management Program since maintenance of these assets has been the responsibility of the abutting property owner. StaN believes the proposed amendment codifies Council's expectations and the Citys past practices with regard to sidewalk, curb and gutter maintenance and will ensure these infrastructure assets are maintained effectively and consistently throughout the City.