BACKGROUND:
The Americans with Disabilities Act (ADA) requires state and local governments ensure persons with disabilities have access to the pedestrian routes in the public right of way.
An important part of this requirement is the installation of curb ramps or ramps along any accessible route in a public area where there is a change in height between levels of the pedestrian route (i.e., street level to sidewalk level).
In addition, the ADA regulation provides that any construction of new street or rehabilitation of an existing street must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. The construction or reconstructions of new curb ramps must comply with the latest 2010 ADA Standards.
According to the Cathedral City Municipal Code, equal to sidewalks, the maintenance and repairs of corner pedestrian ramps (corner ramps) are to be provided by the owner of the corner lots fronting the public streets. As a reminder the Cathedral City Municipal Code Section 14.12.010, Duty to Maintain, states:
“Pursuant to California Street and Highway Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall maintain the sidewalk, including any parkway area between the sidewalk and the street line. Maintenance shall include irrigation, as necessary, and trimming of any grass, trees, shrubs, or other vegetation within the parkway area, and said owner or owners or other person in possession of the property shall keep any such sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material which endangers any person or property or interferes with the public convenience in the use of the sidewalk. Such maintenance and repairs to the sidewalk shall be provided by the owner or owners or other persons in possession of the abutting property as may be required to maintain it in a condition which will not endanger any person or property or interfere with the public convenience in the use of the sidewalk. The term “sidewalk,” as defined by Street and Highway Code Section 5600, 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 any such parkway or parking strip.”
On November 30, 2022, during the presentation of the Community Development Block Grant (CDBG) Sidewalk Repair Assistance Program, Staff discussed with City Council the issue of repairs of corner ramps in residential areas, where a resident is issued a citation to repair a corner ramp abutting their property. Corner ramps are treated the same as sidewalks under the City’s Municipal Code.
Staff cited the high costs of corner ramp repairs make it difficult for residents to comply with their corner ramp Code Compliance citation. Staff requested additional time to investigate and provide Council with an option that would provide a fronting residential property owners relief for the cost of the repairs to corner ramps and maintain the current Municipal Code requirements for “Duty to Maintain.” DISCUSSION:
There is overall a low number of Code Compliance Division cases due to out of compliance corner ramps. As cited above, when a corner ramp repair/replacement case occurs, the costs are very high for a typical residential property owner to make the required repairs and provide proof of compliance.
The reason for the high costs are corner ramps require the installation of a detectable warning surface, replacing the level landing and, at times, a few adjacent sidewalk panels to bring the ramp into ADA compliance, increasing the limits of this repair from the beginning to the end of the curb return.
By comparison, the cost to repair the corner ramps are significantly higher than the cost to repair sidewalk panels and poses a significant financial burden on the property owner. For reference, in November 2022, the Cathedral City Public Works Department replaced the corner ramp at Whispering Palm and Baristo Road, which cost $9,760 (invoice and picture are attached to this Staff Report).
As a result of evaluating corner ramps regulations, requirements, complaints, Code Compliance cases, and cost, Staff is proposing:
•To implement a Residential Corner Ramps Repair Relief Program to assist Cathedral City residents to resolve code compliance violations related to the repair of corner ramps. The program is described below.
Residential Corner Ramps Repair Relief Program.
The purpose of this Program is to assist Cathedral City property owners to resolve code compliance violations related to non-compliant corner curb ramps fronting their property.
This Program is exclusive for primary residence property owners within Cathedral City, and it is limited to one-family dwellings and two-family dwellings (duplexes) located in Residential Districts within the City limits that have received a corner ramp Notice of Violation from the City Code Compliance Division.
The Program is intended to relieve Cathedral City property owners from the cost for repairs and/or replacement of the ADA curb ramps fronting their property.
The Program is not intended to relieve the property owner’s duty to maintain the area between the property line and the street line as prescribed in the Cathedral City Municipal Code Section 14.12.010 Duty to Maintain.
Eligibility Requirements
The eligibility requirements for this financial assistance are as follows:
•The property address must have a Notice of Violation for damaged corner curb ramp issued by the Cathedral City Code Compliance Division. •The applicant must be Cathedral City property owner.
•The property address must be the primary residence of the property owner. •The property address must be in a Residential District.
Program Steps
•Residents living in Residential Districts receiving a Code Compliance Violation for damaged corner curb ramp may apply for the Residential Corner Ramps Relief Repair Program at the Cathedral City Engineering Department. •The property owner will be required to complete a Program Application (see attached) relieving them from the costs of repairs or reconstruction. •The Public Works Department or On-Call Concrete Services Contractors will schedule and perform the work to repair the corner ramp. •After the work is completed the Code Violation will be closed and the property owner will receive a Notice of Compliance from the Engineering Department.
Program Funding
•The program will fund 100% of the cost to complete the corner curb ramp repairs or reconstruction.
FISCAL IMPACT:
It is proposed to include the Residential Corner Ramp Repair Program in the Biennial Budget for Fiscal Years 2023/2024 and 2024/2025 under Public Works Maintenance and Operations budget, allocating funds to implement the program.