There have
been complaints about damaged sidewalks, especially in the area around
The City
has code on the books stating that it primarily the homeowner who must keep the
sidewalk in safe condition, and that they won’t be held liable for any injuries
caused by unsafe sidewalks. They deem a
sidewalk unsafe when it has more than a 3-inch vertical separation, and it
looks like many of the examples mentioned above
fall into that category.
At best, it
looks like the City might match funds for repair at a 50% level, but the goal
is to have someone from Streets & Sidewalks come and talk to us at the next
WGNA meeting (January 27th).
It shall be the duty of any
abutting property owner to keep the sidewalk, parkway, curb and driveway
abutting such property in a good and safe condition, free from any defects and
hazards of whatsoever kind and character. By way of example and not of
limitation, a sidewalk is hazardous if it contains a separation of line and
grade in excess of three (3) inches between adjacent sections of sidewalk or if
it contains surface deterioration to such an extent that it may not be safely
negotiated by a person in a two (2) inch heeled shoe.
The abutting property owner
or person making a special use of a sidewalk or enjoying the use of any
property abutting on a sidewalk or curb that has become defective or hazardous
and has resulted in causing damage or injury as a result of such defective or
hazardous condition shall be primarily liable in damages for any loss or damage
sustained as a result of such defective or hazardous condition. The City
shall not be held as assuming any such liability by reason of inspection of any
sidewalk or providing notice as authorized in this article.
Any sidewalk, parkway,
driveway or curb which has become defective or hazardous is hereby declared a
nuisance and it shall be the duty of the owner of property abutting such
sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk,
parkway, curb or driveway in accordance with the standard specifications of the
City and such expense shall be borne by the abutting property owner. The
failure of any owner or the agent of any owner to reconstruct or repair any
such sidewalk, parkway, curb or driveway within thirty (30) days from receipt
of a notice to repair from the Engineering Department shall constitute an offense.
If any person fails or
refuses to comply with the provisions of Section
31.136 within the time limits specified therein, the City may in its
discretion, but assumes no duty to, go upon such property and do or cause to be
done the work necessary to obtain compliance with this article. The
expense so incurred by City in correcting the condition shall be a personal
obligation of the owner of the abutting property. In the event the owner
fails or refuses to pay such expense within thirty (30) days after the work was
done, the City shall file with the Clerk of the county where the property is
located a statement of the expense incurred in correcting the condition of the
property. When such statement is filed, the City shall have a privileged
lien on such property, second only to tax liens and liens for street
improvements, to secure the payment of the amount so expended. Such
amount shall bear interest at the rate of 10% per annum from the date the City
incurs the expense. For any such expenditure and interest and reasonable
attorneys fees, suit may be instituted and recovery and foreclosure had by the
City.
Nothing herein shall
inhibit the right of the City to make immediate repair of any condition
considered to be of unusual and immediate danger to persons or property.
In such instance, the Director of Engineering shall send an invoice for
expenses incurred in the repair of such condition to the owner of the abutting
property, and within ten (10) days the owner shall have the right to a hearing
on the matter of the reasonableness of the action and cost of repair. The
owner shall pay the reasonable expenses as determined by the Director.
In the event the owner
fails or refuses to pay such expense within thirty (30) days after notice of
the reasonable charge by the Director of Engineering, the City shall follow the
procedure written above to perfect a lien on such property, which lien shall
have the same character as written above.
The City may participate in
the reconstruction provided monies are available for this program from bond
funds. If monies are available, City participation in the cost of
improvements will be on a 50/50 basis with the abutting property owner as
provided for in Section
31.76. If the property owner's share of the cost of improvements is
equal to or greater than $1,000.00, payment may be made in not more than
thirty-six (36) equal monthly payments at an interest rate not to exceed the
maximum interest rate allowed by State law as provided for in Section
31.77.
Assessments for
street improvements shall be made pursuant to Article
XVI of the City Charter and Article 1105 b, V.T.C.S., as amended, and may
be initiated by either of the following methods:
(A) Initiation by property owner: Upon the application
of one or more property owners, the Director of Engineering shall provide the
applicant with a petition form to be circulated by the applicant among the
other owners of property abutting the proposed improvements. If the
petition is returned to the Director of Engineering and signed by either at
least fifty-one percent (51%) of the abutting property owners or the owners of
at least fifty-one percent (51%) of the abutting frontage, then the Director of
Engineering may prepare the design plans and specifications for the proposed
project depending upon confirmation of the petition and the availability of
funding for the proposed project. If the design plans and specifications
for the proposed project are prepared, the Director of Engineering shall submit
an estimate of the cost of such improvements to the City Council. The
City Council may then determine the necessity for, and order, the proposed improvements.
Improvement projects consisting of streets and alleys may be initiated by
petition only in block-length segments. Improvement projects consisting
of sidewalks or curbs and gutters separate from an improvement project to a
street may be initiated by petition in smaller segments.
(B) Initiation by City: Upon the presentation of a
proposed improvement project, including an estimate of the cost of such
improvements, by the Director of Engineering, the City Council may determine
the necessity for, and order, the proposed improvements.
(A) No
assessment shall be made against any abutting property or its owners in excess
of the special benefits accruing to such property and its owners in enhanced
value as determined by the City Council. The City shall share in the
costs of the improvements with the owners of the abutting property as provided
in subsection (B) below. In this section, "developed residential
property" shall mean abutting property in actual bona fide use as the
residential homestead of the owner.
(B) Abutting
property and the owners thereof shall be assessed the following share of the
cost of the improvements as follows:
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(Ord. No. 4389, §1,
12-19-89)
Assessments shall be due
and payable upon final inspection and acceptance of the improvements by the
City. Assessments may be paid in whole or in not more than thirty-six
(36) monthly payments at an interest rate not to exceed the maximum interest
rate allowed by State law.
(Ord. No. 4389, §1,
12-19-89)