HomeMy WebLinkAboutStaff Report 4.A 03/21/2016Agenda Item #4.A
DATE: March 21, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities
Larry Zimmer, P.E. — Deputy Director, Public Works & Utilities
SUBJECT: Adoption of an Ordinance (Second Reading) Amending Chapter 13.10 of the
Petaluma Municipal Code Establishing Duties of Property Owners to Maintain
Sidewalks and Public Street Landscape Planters and Repealing Resolution No.
92 -08 Adopted January 21, 1992
RECOMMENDATION
It is recommended that the City Council Adopt an Ordinance (Second Reading) Amending
Chapter 13.10 of the Petaluma Municipal Code Establishing Duties of Property Owners to
Maintain Sidewalks and Public Street Landscape Planters and Repealing Resolution No. 92 -08
Adopted January 21, 1992.
BACKGROUND
On March 7, 2016, the City Council approved the first reading of an ordinance amending
Chapter 13.10 of the Petaluma Municipal Code establishing duties of property owners to
maintain sidewalks and public street landscape planters and repealing resolution no. 92 -08
adopted January 21, 1992. The item passed by a vote of 6 -0, with Councilmember Healy absent.
FINANCIAL IMPACTS
If approved as presented, implementation of the proposed sidewalk program will result in staff
costs to facilitate the sidewalk program. These costs are estimated to average $320.00 per
sidewalk repair occurrence and are recommended as an administrative fee in the invoice to the
property owner for all work completed through the City. If the owner chooses to hire his or her
own contractor, no administration fee would be charged. However, the encroachment permit
process has a similar fee. If a property owner does two types of work (i.e., sidewalk or driveway;
and tree replacement) concurrently, that normally require individual permits, there is a reduction
in administration and inspection time and the permit would be reduced in this scenario by $150.
Staff does not recommend waiving the encroachment fee as it would trigger the requirement that
the property owner pay prevailing wage, thus resulting in higher overall costs to the property
owner.
It is intended,that the City's cost of implementing the new program will be recovered. It is
proposed that the Risk Management Fund finance all direct costs associated with this program,
excluding the staff costs. While the amount of money to be financed is unknown, it is not
expected to be significant enough to affect the health of the Fund. If due to unforeseen
circumstances, the Fund no longer can function as needed due to the burden of the sidewalk
program, the financing program can be halted or amended as needed. All paid invoices minus the
administrative fee would be deposited back into the Risk Management Fund to reimburse it for
the actual cost of sidewalk repairs. The staff time spent implementing the program is budgeted in
General Fund, therefore the administration fees collected would be deposited back into the
General Fund as a cost recovery step.
ATTACHMENTS
1. Ordinance
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ORDINANCE NO. N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Attachment 1
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING
CHAPTER 13.10 OF THE PETALUMA MUNICIPAL CODE ESTABLISHING DUTIES
OF PROPERTY OWNERS TO MAINTAIN SIDEWALKS AND PUBLIC STREET
LANDSCAPE PLANTERS AND REPEALING RESOLUTION NO. 92-08 ADOPTED
JANUARY 21,1992
WHEREAS, Chapter 13.10 of the Petaluma Municipal Code, which codifies
Ordinance 1970 N.C.S. adopted in 1994, establishes duties of Petaluma property owners to
maintain trees and other landscaping and sidewalks in right of way adjacent to their,property;
and
WHEREAS, in accordance with Section 13.10.010(D) and Section 13.10.030 of the
Petaluma Municipal Code, Petaluma property owners and persons in possession of lots adjacent
to streets and sidewalks owe the public a duty to maintain right of way landscaping and
sidewalks in a safe and non - dangerous condition, and are liable for personal injury and property
damage resulting from failing to so maintain such right of way areas; and
WHEREAS, Section 13.10.020(C) of the Petaluma Municipal Code authorizes the City
to proceed under the California Streets and Highways Code to assess property owners sidewalk
area maintenance and repair costs, and to recover in addition to the maintenance and repair costs
the City's costs of inspection, administration, collection and lien handling; and
WHEREAS, there are numerous sidewalk and landscaping areas in the City right of
way adjacent to private property that are in need of maintenance and repair due to such causes as
aging infrastructure and root intrusion; and
WHEREAS, it is in the interest of owners of property adjacent to City right of way,
and of the City, and the public generally, to provide for maintenance and repair of sidewalk and
landscaping areas in the right of way to promote public safety, preserve and enhance Petaluma
neighborhoods, and avoid liability due to unsafe conditions; and
WHEREAS, the City Council intends to encourage and assist property owners in
complying with the requirements of Chapter 13.10 of the Petaluma Municipal Code by providing
property owners: notice of sidewalk area conditions requiring repair when the City has actual
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notice; repair options; and financing options, and to provide for recovery of the City's costs of
inspection, repair, financing and administration; and
WHEREAS, the City Council directs staff to coordinate as much as possible with
property owners regarding the two notifications required pursuant to this ordinance, and also
directs staff to provide outreach to educate the public about the ordinance as adopted; and
WHEREAS, Resolution 92 -08 adopted January 21, 1992 established a sidewalk
maintenance program which included financial participation by the City in limited circumstances
and established that funds for the sidewalk maintenance program would be set aside annually
from gasoline sales tax revenue and the Director of Public Works would be responsible for
administrating the Sidewalk Maintenance Program; and
WHEREAS, the City has not financially participated in the funding of sidewalk
maintenance due to budget cuts and accordingly it is appropriate to repeal Resolution 92 -08 in
favor of a proposed amended sidewalk maintenance program;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF PETALUMA AS FOLLOWS:
Section 1. Chapter 13.10 Amended. Chapter 13.10 of the Petaluma Municipal Code
is hereby amended as follows:
a. Subdivision (C) of Section 13.10.020 of the Petaluma Municipal Code is amended
to add new paragraphs 1 -9 to read as follows:
1. When the Director of Public Works has actual notice of sidewalk areas in need of
maintenance and/or repair, the Director may give written notice to the owner
and /or persons in possession of the lot, or lots or portions of lots fronting the
sidewalk directing that the sidewalk area be maintained and /or repaired. Notice
may be given by personal delivery or by mail.
2. Maintenance /repair notices will include:
a. The work required to be done and the City's cost estimate for the work.
b. The date by which the work must be commenced.
c. Notice that if the work is not commenced by the specified date, and once
commenced is not diligently pursued without unreasonable interruption, the
Director may commence and /or complete the work and the cost may be
made a lien and/or special assessment on the lot or lots.
d. Notice that owners and persons in possession of lots subject to
maintenance /repair notices may perform the work or have the work
performed by licensed contractors, or have the City perform the work.
e. Notice of availability of City financing for the work.
3. If persons given maintenance /repair notices do not commence work or contact the
City to commence work within 7 days of the date of the notice, the Director may
give a second maintenance /repair notice at least 7 and not more than 14 days after
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the date of the initial notice.
4. The Director may, in his or her sole discretion, upon determining it is warranted,
extend by up to 74 days the date by which the work must be commenced.
5. If after being given notice, owners or persons in possession of lots subject to
maintenance /repair notices fail to commence work or arrange with the City to have
the work commence by the date specified in the notice, or by any extended date
granted by the Director, the Director may commence and complete the work and the
cost may be made a lien and /or special assessment on the lot or lots fronting the
sidewalk area subject to the notice. In the Director's sole discretion the Director
may choose to commence and complete the work using contractors of the City or
City employees, or a combination of both.
6. If the City has provided notice that City financing is available, owners and persons
in possession of lots may request City financing for the work. City financing
requires execution of a City financing agreement. City financing is subject to
payment of an administrative fee and interest charged at the prime lending rate.
City financing agreements will have a maximum term of three years and minimum
monthly payments of $100.
7. Property owners and persons in possession of lots are responsible for paying the
City on receipt of the City's invoice for the cost of work performed by or on behalf
of the City for sidewalk maintenance /repair under this section, including any
administrative, inspection or other charges incurred by the City.
8. Where property owners and persons in possession of lots fail to pay the City all
invoiced costs within 30 days from the date of the invoice, the City in its sole
discretion may choose to collect amounts owing through a collection agency, and
costs of collection, including attorney's fees, and interest, from such owners and
persons in possession of lots, or to make such amounts a lien and /or special
assessment on the lot or lots fronting the sidewalk area subject to the invoice.
9. The City may initiate liens or special assessment proceedings on amounts owed
the City under financing agreements or for sidewalk work done by or on behalf of
the City under this section as follows:
a. The City will provide property owners and persons in possession of lots who
owe the City amounts for sidewalk maintenance /repair costs and any related
applicable charges, notice of the date, time and place where the City
Council will hear a report on the costs owed and any objections or protests
of any property owner liable to be assessed the costs, and any other
interested persons. Notice will be given in the same way as notice directing
sidewalk maintenance or repair.
b. The City Council will receive a report specifying maintenance and repairs
made, the cost, the amounts owed the City, including in addition to
maintenance /repair costs applicable related charges, a description of the lots
in front of which the maintenance /repair has been performed, and the
assessment proposed to be levied against each lot. The report may include
maintenance /repair to any number of lots, which need not be contiguous.
c. At the date, time and place noticed for the hearing on the report, the City
Council will hear the report and any objections or protests of property
owners liable to be assessed the costs and of any other interested persons.
The City Council may modify the report as it deems just and by resolution
confirm the report. The City Council's decision on any objections and
protests shall be final and conclusive.
d. Maintenance and repair and related costs confirmed by the City Council and
assessed against lots fronting sidewalk on which maintenance /repair was
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performed, if not paid within 5 days after City Council confirmation, will be
a special assessment and a lien on the lots so assessed which will continue
until the assessment and all interest and other charges are paid or until they
are discharged. .
e. The City may file a lien certificate with the Sonoma County Recorder in
accordance with California Streets and Highways Code Section 5626 as that
section may be amended and in accordance with any successor statute. The
lien certificate may include liens against one or more lots. After recording
the lien certificate, all persons are deemed to have notice of the lien, and the
statute of limitations will not run against the City's right to enforce payment
of the lien. The City may file and maintain an action to foreclose any lien
not paid in the same manner and using the same procedure, as applicable, as
for delinquent bonds foreclosed under Division 7 of the Streets and
Highways Code.
f. As an alternative method of collecting liens under this section, after
confirming the Director's report, the City Council may order notice of the
lien(s) to be delivered to the County Auditor, who shall enter the amount(s)
on the county assessment book opposite the description of the particular
property(ies) and the amount(s) shall be collected together with all other
taxes against the property(ies). The notice of lien(s) shall be delivered to the
County Auditor before the date fixed by law for the delivery of the
assessment book to the county board of equalization. The lien amounts shall
be collected at the same time and in the same manner as ordinary city taxes,
and shall be subject to the same penalties and interest and to the same
procedure under foreclosure and sale in case of delinquency as provided for
ordinary city taxes. All laws applicable to the collection and enforcement of
city and county taxes are applicable to such special assessment taxes.
b. A new subdivision (F) is hereby added to Section 13.10.020 to read as
follows:
F. For purposes of this section, "sidewalk" includes a park or parking strip maintained in
the area between the property line and the street line and also includes curbing,
bulkheads, retaining walls or other works for the protection of any sidewalk or of any
such park or parking strip in accordance with the definition in California Streets and
Highways Code Section 5600, as that section may be amended and in accordance with
any successor statute.
Section 2. Remainder of Chapter Unchanged. Except as amended herein, Chapter
13.10 of the Petaluma Municipal Code remains unchanged and in full force and effect.
Section 3. Resolution 92 -08. Resolution 92 -08 is hereby repealed in its entirety.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to
publish or post this ordinance or a synopsis for the period and in the manner provided by the City
Charter and other applicable law.
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