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HomeMy WebLinkAbout2005-073 Snow / Ice Removal from Sidewalks C. ORDINANCE NO 2005- 73 AN ORDINANCE relating to snow and ice removal from public sidewalks within the city; making it a civil infraction to place snow and ice removed from sidewalks into the public streets, alleys and thoroughfares; establishing a civil infraction penalty for violation of this condition, and amending section 8 88 020 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 8 88 020 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.88.020 Duty of owner or occupant to remove snow from sidewalks - Requirements. Every owner and or occupant of any premises property located within the city which is adjacent to a public sidewalk shall be responsible for the removal of snow and ice which may fall or accumulate on the sidewalks immediately adjacent to the primary entrance of said premises. Said owner and or occupant shall make a reasonable effort to have the sidewalks immediately adjacent to the primary entrance of said premises property cleared of snow and ice by nine a.m of every day after snowfall In the event snow and ice accumulates so that it is not practical to remove, said owner or occupant shall provide for the dispersal of sand or other suitable material upon said sidewalk in order to allow the use of said sidewalk in a reasonably safe manner Provided, it shall be deemed a civil infraction punishable as set forth in section 8.88.030 of the City of Yakima Municipal Code to place snow and /or ice removed from sidewalk areas into the public right -of -ways, alleys, city streets, pathways or thoroughfares. Provided, further, that an owner or occupant bf any premise:, property shall not be in violation of this section if such owner or occupant has in full force and effect a written agreement with some other person or legal entity who, by the terms of such agreement, is obligated to perform the duties of this section." (jc) ord /sidewalk snow removal /page 1 Of 2 Section2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 6th day of December ,2005 / if / • ATTEST Paul P George, Mayor ' City Clerk Publication Date 12 -9 -2005 Effective Date 1 -8 -2006 (j c) ord /sidewalk snow removal /page 2 of 2 MEMORANDUM TO Transportation Sub - Committee of the City Council FROM. Chris Waarvick, Director of Public Works Shelley Willson, Street and Traffic Operations Manager Doug Maples, Manager of Codes and Planning Joan Davenport, Supervising Traffic Engineer SUBJECT Sidewalk, Street and Alley Rights -of -Way Issues DATE. City Council Sub - Committee on Transportation Plan meeting, 2 00 PM October 20, 2005 The Council Transportation Sub - Committee requested information regarding sidewalk maintenance, repair and construction. We have expanded the maintenance topic to address those nghts -of -way between the pavement edge and property This includes planting or parking stnps between the sidewalk and curb, as well as areas where there is no improved sidewalk between the pavement edge and property Sidewalk Statistics The City of Yakima has an estimated 197 8 linear miles of sidewalks, including locations where sidewalks exist on both sides of the street or just one side of the street. On classified streets, 58% of the street frontages have sidewalks (112 miles), while only 18% of the local street frontages have sidewalks (85 miles) Maintenance and Repair of Existing Sidewalks and Public Areas � } n r . + Ft t y � 1 _A• _ ;� .. !�•E oe t T T` s s _ r b F41 ': xr , s.t.'� rY�r_ �,c-^sc ., ' .-� " ; W �" a - ...��. ��Y h rba �}� � � ' `'.,� h v 7 s �. � e "*+ + .,� iTtr �°^ •cam'}.'' + f ✓' `k� '` : n- . - ,-... -• . - - . . - . � . � � „ _ � _ . • _ � u . . r . . . ' . .. 'mow. r:. s ...x. ,• �. , 8 + _M Specific issues that will be discussed in more detail are 1 Maintenance of sidewalk that include repair physical damage that may otherwise result in tnppmg hazards, including public /private partnership funds; 2 Keeping sidewalk clean and clear of snow, ice, weeds, dirt, leaves, litter and other debris, 3 Keeping area between pavement edge and property clean and clear of weeds, litter and debris; 4 Prohibition of raking, blowing or otherwise placing snow, leaves, litter, etc from pnvate property or nghts -of -way onto pavement; 5 Setting process, violations, appeals, etc for failure to comply Item 1. Maintenance of Sidewalk - Yakima Municipal Code Section 8 76 040 requires the City Council by adoption of a resolution, find that a sidewalk needs to be repaired or reconstructed. Section of the YMC 8 76 of the Yakima Municipal Code is attached as well as examples of three other city codes (Seattle, Walla Walla and Pasco) The codes from other jurisdictions do not require a resolution from their respective City Council's to serve notice to the adjacent property owners. These three City's include keeping the sidewalk clean in the same section. The City of Yakima has a limited 50/50 Sidewalk Program that could be used in conjunction with notices mailed to property owners of needed repairs or replacement. The City Community Development Block Grant (CDBG) program also has limited funds available for sidewalk projects within the Target Area. Item 2. Keeping sidewalk clean and clear — Yakima Municipal Code Section 8 88 020 states owners/occupants adjacent to a sidewalk are responsible for removal of snow and ice. The code excludes snow placed on the sidewalks as a result of public snow removal operations. Currently, complaints regarding snow on sidewalks are forwarded the Yakima Police Department for enforcement, diverting valuable manpower resources to be used for snow enforcement. Additionally, Yakima Mumcipal Section 8 80 010 currently states that the owner of any property within the city upon which any tree, plant, shrub or other vegetation hinders the use of a public street, alley or sidewalks or pipeline shall be required to remove it. 3 i k , y t • < 1 L `- x �i. ?' .1. 0,s: -'fir 4 x 1 ,�. = A T r uh ��„ '- ..,, �� •,,..i 3 �• . a J `*e y b .' '` {new �.t •lt.'s .r'' -•SY ar "' S^e '"7 "'", v � �•7� a', es f�llRhRi `,`ti;: "ea i.. .;n__c:: �i -:: _ ,e• .•`'� �7• 3 j • 4v,.,yy._ �Z•,�"' x` t, a 11111164 e ! .. Y`. 1' r.. �S'"'`�. t �' - < °t t ...erc- 6,�..�e. _ - y " . � � s `%' �Y ,`. - .,j ..'��.` _ t ` -„ } d ,•v_ •:s3� -=ter- �_ Item 3. Keeping other public rights -of -way clean — There are no sections of the existing YMC that deal specifically with the responsibility of keeping abutting public rights -of -way clean with weeds, litter or debris on the sidewalk. This area is defined in other codes as "any part of the right -of -way lying between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street and abutting property line" y�, "Z^ x '3�... -, c& ! 0.4:c � , � M ay AF—,- - - r ^"� a ''z F- f �. r V ter. d ,.d i yS R ^ .t ‘N... � , �� �9 7 ,,a � Sti a�x y i 7. -`t, .fi 44-' 42 Avenue near Nob Hill Blvd Codes and Traffic receive complaints when property owners allow weeds to grow alongside of a street or alley The weeds which are subject of the complaint, may not interfere with the use of a public -way When they are green, they are not a violation of the YMC 10 05 100 — Duty to remove hazardous vegetation and debris, since they pose no fire hazard. However, the weeds are unsightly and negatively impact the overall appearance of a street and neighborhood. The attached article from Municipal Research News — Fall 2005 notes both a court case and section of the Revised Code of Washington that speaks to the ability of cities to adopt ordinances removing or destroying grass, weeds, etc. The court case referenced notes that the responsibility of the rights -of -way lies with the adjacent property up to the center of the street. Item 4. Prohibition of placing materials on pavements - The YMC is silent regarding enforcement when property owners or residents push, blow or otherwise place snow, leaves, litter, etc onto the city's street system from their private property It not an uncommon occurrence for citizens to blow grass clippings, leaves, parking lot debris, and snow out onto city streets. In those cases where individuals push snow out into the street or sidewalks creating a hazard, the Traffic Division notifies the Police Department. The Seattle Municipal Code under Chapter 15 46 is an example of explicit legislation addressing this matter Item 5. Establishin • 6 rocess violations a I e eals etc for failure to com.l — An option for Council's consideration could designate an employee of the city be responsible for determination of a violation and notification of the property owner In addition, the Council or the Community Review Board could review appeals filed by property owners of such a notification process. If the City performs the work ordered within a an enforcement action (for lack of compliance by the property owner), such as the ordering repairs to a sidewalk or removal of weeds, a process could be established to ensure that the City correctly places a lien on the property for reimbursement of expended costs. Recommendations from Staff- 1 Direct legislation that clarifies adjoining property owners have responsibility for sidewalk maintenance; as well as keeping the sidewalk clean and clear of weeds, debris, or litter 2. Direct legislation that clarifies adjoining property owners have the responsibility of keeping the public right of way adjacent to their property clean and clear of weeds, litter and debris, even if no sidewalk exists, AND prohibits the placement of materials, (such as snow, leaves, grass clippings) on the surface of the street or sidewalk. 3 Consider a greater allocation to the 50/50 Sidewalk Fund. 4 Continue to explore other funding options for sidewalk repair, especially for low to moderate income families. 5 Recommend the City Code Enforcement Division be responsible for enforcmg regulations related to litter, debris and vegetation over sidewalks, m cooperation with the Traffic Engineering Division. Community Review Board could review appeals. 6. Direct amendments in existmg Municipal Code to revise process for sidewalk repair and reconstruction to authority of Director of Public Works, rather than City Council Resolution. Staff recommends that the Council Sub - Committee direct the preparation of appropriate legislation for full Council consideration. The draft legislation may be brought back to the Sub - Committee prior to schedulmg review by the full Council. Construction of New Sidewalks Specific items within this area discussed in more detail include: 1 Alternatives to Concrete for Sidewalk Construction 2. Priority for New Construction 3 Options for Funding New Construction 4 ADA Sidewalk Ramps Staff recommends that the Council Sub - Committee direct policy guidance for incorporation into the update of the City's Transportation Element of the Comprehensive Plan. The policy guidance will be presented in the Draft Plan for public review Item 1. Alternatives to Concrete for Sidewalk Construction - YMC 12.05 requires that new sidewalks be constructed of 4 -inch thick cement concrete with a 6 -inch depth at driveway approaches. The Municipal Code does not allow for construction materials other than cement concrete. Materials such as asphalt, porous asphalt or concrete, or recycled materials like rubber tires are being used by other agencies for sidewalk construction. Allowing consideration of alternative construction materials may provide for a less expensive alternative to cement concrete and/or provide other environmental benefits like storm -water or minimize tree root problems. ----, .. ,y.wr t ^ , „'e; 3 >.. W , i i�`1- 't t. , - ,'�.,, , . _ , ., , , ,, ., e , ° 'a° ," f '- ;-4.4' �' r � i . ' Ki , ti '., ' c L _ Jd + � '�ce . 4 ' d , n Concrete sidewalks yy ; l'' y Y A �` 3° ` � � r� ` 17pii � a < t r � c p r . 9 _� 'E � ,F . .i y!� 4.`Y "e '.+r ' t o r: v „ id l 1.' t J" , 4 ' r4. di A4 , HH c 4d ,4014 r . .,@ E ham__ ° „s �.; f'c 4.§F�.� - C a t .^ Y °1 �kus t �° „� J y ri ,s �'� a � t F ir AtAii A.;. ,, T -' a x fT„, at t? } n 6 ,� 'Y'd A� } ?' r Trees str f airm 1, t ',4-y,-..77-1,_-43,",.4_,_: � } . , , mo y wat b and i Lire r 3 s , r • + v 3 y y” .., ' r a atims an tler concrete -i ''''''.4.4--#,,. � ;: , o r ry zip '' ,F .,r. a � n a ',. 3. "'' ; - _ ` . 4 . H # Example of Rubber Sidewalk around tree roots Most new sidewalks are constructed in street nghts -of -way Allowing the construction of sidewalks in a public easement would reduce the expense of purchasing rights-of-way or the requirement for additional right -of -way dedication. The Washington State Transportation Improvement Board (TIB) recommended this process, as recently expressed dunng a Value Engineering Review Additional consideration may be given to interim sidewalks that are asphalt or paved shoulders on streets, especially in "Walk-to-School" zones or where other pedestrian traffic is evident and sidewalks are completely missing. ,� V , s r it . k p 'y 4 } y �.' 4 ']F�, z tt F Fq 1'4 t , a r M k t ; 5ioP :=- ..1' `/ ''' - Z,' 4: '..t -. r `, D � . J k' 1`w\,^ Item 2. Priority for New Construction — A decision -tree approach to pnontizing the installation of new pedestrian facilities would provide staff guidance in targeting areas for grant submittals. This approach is planned to be included in the Transportation Plan for pnontizing sidewalk construction. The recently completed sidewalk inventory provides a starting point for identifying areas where sidewalks are missing and the decision -tree will allow staff to beginning developing a six -year list of sidewalks that are programmed for construction. Item 3. Options for Funding New Construction of Pedestrian Facilities — The funds available for construction of new sidewalks from state or federal sources has been relatively limited when compared to local needs. In Yakima, local match funds set aside for sidewalks is approximately $10,000 annually These funds have been used as local match in large street construction projects such as Mead Avenue, Washington Avenue and River Road, and not as match for projects that are sidewalk construction only In 2005, local match funds were 50/50 Sidewalk Funds carried over from 2004 and REET2 Revenues that were in excess of initial estimates. Neither of these funding sources are stable sources of funds for new construction of pedestrian facilities. The City Council could compel the construction of sidewalks through Local Improvement Distncts. This would require adjacent property owners to pay for the cost of newly constructed sidewalks. An additional source of funding for sidewalk construction is Community Development Block Grant Funds (CDBG Funds). In the past, these funds were used to construct many segments of sidewalks in eligible neighborhoods. New construction of sidewalks is still an ehgible project for these funds. Other funding options include consideration of a sidewalk bond program, which was successful in the City of Olympia. Item 4. ADA Sidewalk Ramp Replacement and Installation - Sidewalk ramps at street corners are important mobility factors for many population groups. Without sidewalk ramps, wheelchair -bound persons as well as families with baby strollers, elderly using walkers are forced to walk in the roadway or risk tnppmg and falling. Traffic Engineering and Yakima Transit have worked closely to inventory the presence and condition of ADA ramps at street intersections along or near Transit Routes. ADA laws mandate new sidewalk ramps with all new construction or street improvement projects. However, many locations exist in Yakima where these barriers are present. A grant was recently submitted to WSDOT for funding to support re- construction of 22 ADA ramps, but the need is significantly larger This program will need continued funding and may be in addition to other sidewalk efforts. '- ..;'"=- ^4 q: - _' - •� t..v^= "- •',-tT''�z ,rte= ;.._vn- ;—yr,. _ _ , .,�,' : -: - _.*= '=�''°"it'•'` -,-: ry.; mss:. ;��..; -vr r5 " - „..,'+'_, =r .-..-.. - z i s :N• 7 Y r{ 4' + v5 �' 7' .. t ar �! w �t , , ma = t R m.... .,. �� .,tea. 1 t>` ,2'''y _..�' ;� �x t "1117 ., � � ` ' 41 '27; �„' ,....st .r 7 y �+.� ..` e"4 0.. r "'4+. Y5 .i 7; a a 'a " .y ,S L p19 ' C4 VY. tCN«5 444 � `a y ty u b f � r 4;‘: ',� y $Jt .�'` k a � r X 3.d,. w + .. i L� '��' z2 � i - .f 4 3 s a_.c .� z e -* r ..< � $ t ., '� Missing sidewalk ramps Broken sidewalk ramps Recommendations 1 Consider alternatives to concrete sidewalks in locations that might be considered "interim” Examples include locations with no existing, sidewalks where a paved shoulder or separated asphalt path may provide a solution. Other locations where sidewalks have been severely damaged by tree roots could be considered for rubberized sidewalk sections. 2. Consider promoting sidewalk Local Improvement Districts. 3 Explore allocation of additional CDBG funds to sidewalk repair and construction within the target area. 4 Consider a sidewalk bond, like the City of Olympia 5 Consider an annual allocation to the upgrading, repair and replacement of ADA sidewalk ramps. Priority would be given to Yakima Transit Routes or within Walk -to School zones. Staff recommends that the Council Sub - Committee review, discuss these issues and direct the preparation of appropriate legislation for full Council consideration. The draft legislation may be brought back to the Sub - Committee prior to scheduling review by the full Council. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 9 I For Meeting of December 6, 2005 ITEM TITLE. Legislation amending the Yakima Municipal Code (YMC) relating to Sidewalks. A. Cleaning and Maintaining Sidewalks and Rights -of -Way free of weeds, litter, and debris (enacting YMC 8 76.025) B Sidewalk Construction and Repair (amending YMC 8 76 040, 8 76.050, 8 756.060 and enacting 8.76 056) C Duty of Property Owner or Occupant for Sidewalk Snow Removal (amending YMC 8 88 020 Snow and Ice Removal) SUBMITTED BY Chris Waarvick, Director of Public Works Jeff Cutter, Assistant City Attomey CONTACT PERSON/TELEPHONE. Shelley Willson/575.6005 Joan Davenport/575.6005 SUMMARY EXPLANATION: The City of Yakima has received comment related to the condition of the rights -of -way and sidewalks. Concerns were raised not only due to the appearance of these areas, but also out of safety and mobility concerns, especially for those individuals covered under the Americans with Disabilities Act. Council requested that staff members review ordinances and outline a program that would be responsive to the needs of citizens. A staff report was presented to the City Council Transportation Sub - Committee during their October 20, 2005 meeting. The Council Subcommittee (Council Members Place, McClure, and Edler) requested that a report with legislative solutions be brought to the full City Council for deliberation and action. This report details the revisions and new additions to the YMC A. Addition YMC 8.76.025 — Cleaning and maintenance of sidewalks and right -of - ways establishes property owner responsibility to maintain sidewalks and right -of- ways clean and free of weeds, litter and debris. B Amendment of YMC 8.76 040, 8.76 050, 8.76 060 and Addition of 8.76 065 — Sidewalk construction and repair authorizes the Director of Public Works to (Continued on next page) Resolution_Ordinances X Other Staff Report, Transportation Sub - Committee Report Contract Mail to (name and address) Phone: Funding Source: None Necessary APPROVED FOR SUBMITTAL. � `� City Manager STAFF RECOMMENDATION Staff recommends City Council approve all Ordinances Amendments and Additions as contained in this report. BOARD /COMMISSION RECOMMENDATION Transportation Sub - Committee of the City Council requested revisions and/or additions to the YMC to address areas noted. COUNCIL ACTION: (A) Ordinance passed. ORDINANCE NO. 2005-71 (B) Amended Ordinance passed. ORDINANCE NO. 2005-72 (C) Ordinance passed. ORDINANCE NO. 2005-73 Sidewalk Agenda Item December 5, 2005 Page two determine when sidewalks are in need of repair and to issue the final notice to the property owner, including the authority to lien a property for the cost of repairs The existing YMC sections require Council determination through a formal, legislative resolution. C Amendment YMC 8 88 020- Duty of owner or occupant to remove snow from sidewalks — amends YMC to prohibit placing snow and ice from private property onto public streets, sidewalks or rights -of -way The amendment removes the section stating that responsibility of the property owner or occupant is removed when public snow removal operations place the snow on the sidewalk. Enforcement authority of Items A and C currently would fall under the Police Department. It is the intent of the Code Enforcement Division to request the authorization for the power to issue infraction citations for items such as these and litter abatement. The revisions presented today for the YMC are written to be in line with the enforcement of civil matters that are currently under development. Staff Report Revisions to Yakima Municipal Code Pertaining to Right -of Way and Sidewalk Maintenance TO Honorable Mayor and Members of the City Council Dick Zais, City Manager FROM Shelley Willson, Street and Traffic Operations Manager Joan Davenport, Supervising Traffic Engineer DATE. December 6, 2005 SUBJECT Amendments and Revisions of YMC Related to the Maintenance and Operation of Sidewalks and Rights -of -Way The condition of the street rights -of -way impacts not only the appearance of the City of Yakima, but may result in safety hazards, especially for those individuals covered under the Americans with Disabilities Act. During public meetings with citizens regarding the update of the Comprehensive Plan Transportation Element, it became evident that existing sections of the Yakima Municipal Code were not adequate to deal with maintaining the condition of public rights -of -way and sidewalks. City Council members requested that staff members review ordinances from other agencies within Washington to outline a program that will be responsive to the needs of the citizens of Yakima. On October 20, 2005, the City Council Transportation Sub- Committee met to discuss the sidewalk and rights -of -way issues. (A copy of that Packet is included for council reference) The Council Sub - committee requested revisions and /or additions to the Yakima Municipal Code to address the following areas A. Cleaning and Maintenance of Sidewalks and Rights -of -Way - Addition YMC 8.76.025 Section 8 76 025 is an addition to the existing Yakima Municipal Code This section deals with weeds, litter and debris on sidewalks and rights -of -way The existing YMC only addresses these areas when there is a sight obstruction, such as a Clearview violation or a fire hazard It does not clearly state that these areas are to be kept clean of litter and weeds The new section defines private property owners' responsibility to take care of the rights -of -way adjacent to their property, excluding the street and alley travel surfaces This will improve the over all appearance of the city and provide a safer walking environment for citizens B. Maintenance and Repair of Existing Sidewalks and Public Areas — Amendment of YMC 8.76.040, 8.76.050, 8.76.060 and addition YMC 8.76.065 Yakima Municipal Code Section 8 76 states that adjacent property owners are responsible for the repair of sidewalks adjacent to their property The process for notifying property owners required a resolution of the City Council prior to notification The attached amendment to YMC 8 76 provides the Public Works Director with the authority to identify areas where sidewalk repair, replacement or installation is required; to issue the property preliminary; and final notices to property owners and establishes an appeal of the final notice to the City Council The amendments to this Section of the YMC are consistent with revisions the City Council requested for the processing of Intersection Clearview violations in 2005 Council's preference was to have staff members to administratively handle the process to the point of a citizen appeal. The 50/50 Sidewalk Program is available to property owners to offset the expense of repairs /reconstruction of existing sidewalks. The notification letters will inform property owners that there are funds available on a "first come — first served" basis as a city contribution toward the cost of the repairs We will also work with the Office of Neighborhood Development Services to provide information to citizens for assistance that may be provided through their services. Sidewalk tripping hazards result in physical injuries to citizens each year and are considered obstacles under the American with Disabilities Act. Active enforcement of the existing Municipal Code is "responsible actions" by the City of Yakima to address these hazards for the citizens that may only have the option of walking or using their wheel chair for public access C. Snow and Ice On Public Rights -of -Way — Amendment of YMC 8.88.020 The amendment also clarifies that vacant lots are required to follow the requirements of Section 8 88 The term "premises" led some to believe that this ordinance did not apply to vacant lots or buildings The term "property" should clarify the intent of this YMC to maintain a safe and accessible pedestrian system. The amendment also deletes the section of the existing code removing the responsibility for removal if the accumulation of snow and ice is the "result of public snow removal operations " It is not reasonable to expect the City to maintain the forces necessary to clear the 197 8 miles of sidewalks in the city's system Individuals should be instructed to move snow and ice back away from the city streets and sidewalks, not to move snow toward the public system. In addition, the City of Yakima receives numerous complaints each winter from citizens reporting incidences of snow from cleared parking Tots, driveways, sidewalks or lots being pushed /placed onto the city's streets This may create a hazardous condition as vehicles encounter piles of snow or unsuspected icy areas and may create obstacles to pedestrians on sidewalks. The existing Yakima Municipal Code does not specifically address this issue Construction of New Sidewalks The Council Transportation Sub - Committee referred this matter to the City's Pedestrian and Bicycle Committee for additional analysis, recommendations and financial altematives.