New Voluntary Sidewalk Repair
and
Enforcement Program
City Council
June 18, 2024
ITEM 2024-4142
OVERVIEW
• Legal context
• City’s existing sidewalk
program
• Other program alternatives
• Proposed voluntary
sidewalk repair and
enforcement program
Legal Context
• CA Streets and Highway Code and Alameda Municipal Code (AMC) place primary responsibility for sidewalk repair with the adjacent owner, regardless of cause • City is required, upon notice of a sidewalk hazard, to notify the owner of their responsibility to make the necessary repairs
• If repairs are not made, the City can make the repairs and lien the property based on the City’s repair costs with Council approval.
City’s Existing Sidewalk Program
Program components:
• temporary repairs made to sidewalks damaged by
street trees and sidewalks adjacent to City
property;
• replacement of sidewalk damaged by street trees
and sidewalks adjacent to City property; and
• notify property owners of other sidewalk hazards
and their responsibility to make the repairs
Challenges for Property Owners
• Unexpected
• Finding a contractor
• Permitting
• Cost
Compliance
Program Alternatives
• City makes repairs and invoices owner
(“voluntary repair program”)
• Cost sharing regardless of cause
• Owner required to certify sidewalk upon
triggering events (property sale, remodel..)
Sidewalk and Street Trees
• City incurs cost to repair
sidewalk damaged by
street trees
• Concerned with increase
requests for tree removals
• Sidewalk solutions before
removal can be costly
Voluntary Repair and Enforcement
• City sends notice to owner –option for City to make repairs and bill owner or owner makes repairs
• Date provided for owner to have enrolled with City or started on repairs
• Nonresponsive – City does work, recovers cost through property lien, when needed
• City Council final approval for property liens after public hearing
8 Staff Recommendation
• Approve new voluntary sidewalk repair
and enforcement program and direct staff
to return to the City Council with related
revision of the Alameda Municipal Code.
• Program administration costs not passed
to owner initially/reassess
• City continue with street tree damaged
sidewalk