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HomeMy WebLinkAbout2005-072 Repair / Replacement / Installation of Sidewalks ORDINANCE NO 2005- 72 AN ORDINANCE relating to repair, replacement and installation of sidewalks within the city; providing the Public Works Director with the authority to identify areas where sidewalk repair, replacement and /or installation is required and to issue preliminary and final notices to property owners regarding them of the problem condition, establishing a process to appeal a final notice to the City Council, amending section 8 76 040, 8 76 050 and 8 76 060 of the City of Yakima Municipal Code, and adding new section 8 76 065 to Chapter 8 76 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 8 76 040 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.76.040 Sidewalk reconstruction or repair Whenever a portion, not longer than one block in length, of any street in the city of Yakima includes a sidewalk which has become unfit or unsafe for purposes of public travel as determined by the Director of Public Works, and when a sidewalk in good repair does then exist on the street adjacent to both ends of the sidewalk portion determined to be unfit or unsafe, then such sidewalk portion may be reconstructed or repaired with the cost of such reconstruction or repair, or a portion thereof, to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter " Section 2 Section 8 76 050 of the City of Yakima Municipal Code is hereby amended to read as follows "8.76.050 Determination of necessity A. Construction The Director of Public Works may find that the improvement of a portion of a street by the construction of a sidewalk thereon, as contemplated by Section 8 76 030, is necessary for the public safety and convenience The duty, burden and expense of constructing such sidewalk shall devolve upon the property directly abutting upon such portion of the street to be so improved upon the giving of notice as provided by Section 8 76 060 B Reconstruction or Repair The Director of Public Works may determine that a portion of a sidewalk has become unfit or unsafe for purposes of public travel, as contemplated by Section 8 76 040, and may further find that the reconstruction or repair of such sidewalk portion is necessary for the public safety and convenience Upon the Director of Public Works making such a determination, the duty, burden and expense of reconstruction or repair of such sidewalk portion shall devolve upon the property directly abutting upon such portion of the sidewalk to be reconstructed or repaired upon the giving of notice as provided by Section 8 76 060; provided, in the event the city engineer determines that the reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its age and the owner performs the work in (jc)ord /sidewalk repair- notice /page 1 of3 accordance with the notice to be given, the owner shall bear the full cost of such work, but that in the event the work is performed by the city, the owner will be assessed, and be required to pay, for only a portion of the cost thereof as may be determined by the Director of Public Works " Section 3 Section 8 76 060 of the City of Yakima Municipal Code is hereby amended to read as follows "8 76.060 Notice to owners - Contents of notice. A. Preliminary Notice Proceedings to require repair or installation of sidewalks, as contemplated by Section 8 76 050, shall be commenced by a written notice from the Director of Public Works served on the owner of the property directly abutting on the portion of the sidewalk to be constructed, reconstructed or repaired instructing the owner to construct, reconstruct or repair the sidewalk portion in accordance with plans and specifications to be attached to such notice The notice shall be deemed sufficiently served on the return of a receipt showing delivery by certified mail to the owner's address, or if delivered in person to the owner, or if left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner authorized to collect rentals on such property or, if the owner is a nonresident of the state of Washington, by mailing a copy of the notice to the owner's last known address or, if the owner is unknown or the owner's address is unknown, then by posting a copy of such notice in a conspicuous place on the portion of the street or sidewalk where the construction, reconstruction or repair is to be made B Contents of Notice The notice shall specify the legal description and street address of the property involved and shall provide a reasonable time within which such construction, reconstruction or repair shall be made The notice shall also include a statement to the effect that in the event the owner fails to perform the construction, reconstruction or repair work within the time specified, further action will be taken by the city to correct the condition C C Final Notice — Action by the City In the event the condition described in a preliminary notice is not corrected within the time period provided by such notice, the Director of Public Works shall issue a final notice directing the property owner to construct, reconstruct or repair the sidewalk in compliance with the preliminary notice The final notice shall be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within a specific time frame specified in the final notice, that time to be counted from the date the final notice is given, and the notice shall further include notification that in the event of the failure of the owner to comply with the notice, the city will proceed to perform such work under the direction of the Director of Public Works, either by city forces or by independent contractor, and that the Director of Public Works will report to the City Council, at a subsequent date to be definitely stated in the notice, an assessment roll showing the lot or parcel of land directly abutting on the portion of the street or sidewalk to be constructed, reconstructed or repaired, together with the cost of the improvement and the name of the owner of the abutting property, if known, and that the City Council at the time stated in the notice or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment; provided, if the notice is to reconstruct or repair an (j c) ord /sidewalk repair- notice /page 2 of 3 existing sidewalk and if the Director of Public Works has determined that the reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its age, as contemplated by subsection B of Section 8 76 050, then the notice shall further include a statement to the effect that if the work is performed under the direction of the Director of Public Works by city forces or by independent contractor, then the assessment to the owner will be an amount less than the full cost of such work as determined by resolution of the City Council " Section 4 Section 8 76 065 is hereby added as a new section to Chapter 8 76 of the City of Yakima Municipal Code and shall read as follows "8.76 065 Appeal of final notice to the city council. A property owner that has received a final notice pursuant to Section 8 76 060 may file an appeal of the matter to the city council Such appeal must be in writing and filed with the city clerk and the Public Works Director within ten calendar days of the date of the final notice The written appeal must specify all grounds for the appeal, request a hearing before the city council, and be accompanied by payment of an appeal fee in the amount of one hundred dollars The city clerk shall set a time and place for the appeal hearing At the hearing, the city council shall make a final determination regarding the appeal " Section 5 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 thi 6th day of December, 2005 ATTEST Paul P George, Mayor °K,a)va_ /P-er-6 City Clerk Publication Date 12 -9 -2005 Effective Date 1 -8 -2006 (jc)ord /sidewalk repair- notice /page 3 of3 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 5 # , x' 2 2. "` , s° nt .... - ' n ` t ti .: 1 m r , :+? _ ,. ' s 4 Y °_ � . '-= ,,.. ,` g y ' ..i w m ��er ''4 f�^` ' ' -, I i ' AIL 4 ' 3 ' ;,f7" ; ' . Tirii ' 1, fi t` fi c �i'' , ,S Specific issues that will be discussed in more detail are 1 Maintenance of sidewalk that include repair physical damage that may otherwise result in tnpping hazards, including public /pnvate partnership funds, 2 Keeping sidewalk clean and clear of snow, ice, weeds, dirt, leaves, litter and other debns, 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, fitter, etc from private 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 Municipal 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. r rt am Xf n L•S / / /-� t _�., "T� .• ,,� 3 '^" w� ?.J ,-'" S. - - §i1 �F wr . L ¢ - ,�, „•,. 7 1i mac• Y 7s. ;, Fl. { G' - Y"c . qC i , T ) ! "7 . t' i T S 41 '✓ M , r. d � �i� - i � } !A�" ✓ 3 + Yf+ tl1i� ,f /yam.. 7 �t ,p+�3*" r - 'l yy"" "' }-• y�� �s y 2"'t� tai + ` g� � . Y _ e - C l z Ml' r n „ .- 1 a�' •E �' `kv .A poi �Y ' ``'1s .nFh6 .aY• •?ee �- �,hti:tK /.4 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" iii k'PCV 'x 4. z i 4 , , w-:--! „,, --, .,. -...4 1:'4,,11 ...- t L f k °e ,� . X of# ti i , ; Li 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 debns, 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. Establishing process, violations, appeals, etc for failure to comply — 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 hen on the property for reimbursement of expended costs. Recommendations from Staff — 1 Direct legislation that clarifies adjoimng 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 chppmgs) on the surface of the street or sidewalk. 3 Consider a greater allocation to the 50/50 Sidewalk Fund. 4 Contmue 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 m existmg Municipal Code to revise process for sidewalk repair and reconstruction to authonty 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 scheduling 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 m the Draft Plan for public review [tem 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 -mch depth at driveway approaches. The Mumcipal 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. ro d ag d . '' , * . • w 3 ` k a ' .-7, -t n t' M FR 1 T#_t », .�I -q - 'or es'_ ,,,3939�tf-?.t y ,Sr '1 +.:. � 4 '"' �tT .t 7� �„ ' H_. { ��,8 ' je, � 4Jt+asn '�1.: roots. '-1,''': a y i R ,,i, a ; pp r ,, ' �.. 5 .7.,- .. " ' r. _ . . .. — 14 , . � w _ ...._. ___. -_ - .e ✓' : 'r a� {; ` �,t} v ',i. Y F�- .�w+ q i?1. � NJ - - .. . -t-^ , _ 1 i x g` "y- - k �.� r• �� vx -�i . Y r.= a,,,:,-.14: Y 4 t4 . „' ° "' gyp -. ? " e :.::F c: }. ,t`e £,;�P_ ^ „---.D n,. san r• :t s { c `- i a J:S '� "` - - "-' r ' : `.' 0 � S • C16 lk.3 struggling 4E�� �'" '' n "3- ° � i " ' ' ¢ e • t develop large EEO �iA ` �i � . .,�:'1r; � _,'N ,x - .. } .. s i � — Qp � ' ( 1 systems ender C 3 a4 , , k j a l _J- - :• $ ' gA r� , 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 during 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 pedestnan traffic is evident and sidewalks are completely rnissing. 1 .1 4 1 41Nr..* - , t,,., --,, 7 ' , ,:-..-- —- - : f . 1 'F. h t . -r •V-Illt , '6 -:4`:,,e; '''.!' i ; '7. :- % : — , '--- ir I I 11 -- 7 i0 tE � - I,. ro � , qt 0 y 14 tx 'r ti r t T ms s IL - aj .. i -,''° Kph' d . . ,, ..,,, Item 2. Priority for New Construction — A decision -tree approach to pnontizing the installation of new pedestnan 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 carved 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 eligible 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 nsk tnpping 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 'il T.,'" 7 ,,,41i4b U,,.. , p ',NC - ' \ ' --- - .-:-.„._ ____ ,.._ - - -- ,,. \ . _'"' - ,t "q't4Y5 t� ' ' n ,.z v `Lfi �,s. a .. ? 4L ' �; 'y i , 6> #4: " - @e . , ; • _ .5. ..4 l+ 1 �' ' \ '', ?`L " 1c 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 withm Walk -to School zones. Staff recommends that the Council Sub - Committee review, discuss these issues and direct the preparation of appropnate 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 c� t 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 PERSONITELEPHONE. 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 — Sidewaik 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 � ` tzt 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. 13. 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 9 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 lots, 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.