Colfax considers sidewalk repair ordinance

In an effort to maintain safe sidewalks for pedestrians, the Colfax City Council considered a sidewalk repair ordinance during its Dec. 11 meeting. In 1935, California established the obligation for sidewalk maintenance falls on the adjacent property owner. Kathy Pease, a planning consultant for the city, advised many cities have adopted a similar ordinance and Colfax currently does not have one. "There are legal and fiscal impacts of broken sidewalks," Pease said. "There's liabilities if folks get hurt and there's also a requirement to make sure that the sidewalks remain accessible for those with disabilities." The proposed ordinance would allow the city engineer to provide a letter to the property owner to notify them and document the needed repair. The property owner would then have 60 days to complete the repair. Pease confirmed if the repair is not made in the 60-day timeframe, the city would repair the sidewalk and recoup the costs from the property owner, which could result in a lien on the property. According to Pease, the ordinance also provides an appeal process where a hearing would be held for the council to consider the request. Councilmember Trinity Burruss asked what the process would be for residents who do not have the means or time to make the repair. Pease recommended the property owner meet with the city engineer to review options for the sidewalk repair. City Manager Ron Walker also advised the purpose of the ordinance is to address tripping hazards on sidewalks and repairs would be minimal where a $20-$30 bucket of Quickrete could be used for the fix. Burruss requested a good-faith provision be added to the ordinance. "I think it would be a good idea just considering the demographic and then … showing the good-faith efforts, I think, justifies an extension is applicable just so that, again, we have rules that reflect implementation, not necessarily relying on sentiment or goodwill," Burruss said. Mayor Sean Lomen noted he would like to see a 90-day timeframe for repairs to be made instead of the proposed 60. Lomen also advised looking at an exclusion for corners where ADA compliance is required and could be difficult for the property owner to repair. Burruss agreed, noting it could be something that is dealt on a case-by-case basis. Burruss also requested a provision regarding payment plans to be added to the ordinance, and for city staff to explore if payment could come out of property owners' taxes without a lien being placed on their property. The council received two comments, one in opposition to the ordinance and the other noting it needs to be done but property owners will be learning they are liable for the sidewalk adjacent to their property "all of a sudden." The council further discussed adding a process for dead-end sidewalks. No action was taken on the item, as the council directed staff to add clarifications on the standards of repair, add language about good-faith efforts to justify extensions, change the repair completion timeframe to 90 days, add language for case-by-case review for ADA-compliant repairs, add a second process for dead-end sidewalks and exploring payment options. After the amendments are made, the ordinance will return to the council in January.