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TC Ord. No. 2007-09 Amending chapter 12.16 of the Avon Municipal code as it relates to the responsibilty for maintenance of sidewalks drainage ditches and driveway culvertsTOWN OF AVON, COLORADO ORDINANCE NO. 07-09 Series of 2007 AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE AS IT RELATES TO THE RESPONSIBILITY FOR MAINTENANCE OF SIDEWALKS, DRAINAGE DITCHES AND DRIVEWAY CULVERTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: Section 1. Amendment. Sections 12.16.010 through 12.16.060, Chapter 12.16, Title 12, Municipal Code of the Town of Avon are repealed and reenacted to provide as follows. 12.16.010 Definitions The following definitions shall apply: "abutting property owner" - Entity holding title to land located beyond the "back of sidewalk" for areas with sidewalks, or to the "back of ditch crest" for areas without sidewalks. (In cases where this title is held by the Town itself, then the Town would be the abutting property owner and would bear maintenance and repair responsibilities as described herein.) "maintenance" - For sidewalks: the surface shall be safely accessible to the traveling public, kept free of snow greater than one inch, provided with an even surface and grade that is consistent with the established grade of the streets and the longitudinally-connected sidewalks, and free of major cracks, chips or significant areas of broken concrete or exposed aggregate. For ditches and driveway culverts: the surface shall be kept mowed or trimmed, and kept free of landscaping materials, irrigation lines and heads, grass clippings, tree branches, yard waste, trash and the like, such that they operate for their intended purpose of freely conveying storm water. "repair" - Major work which requires closing off of the area from the public to protect public safety, which involves excavation in and around buried utilities, which impacts neighboring properties, or which causes diversion of storm water. "grade" - For sidewalks, this means that a horizontal separation or crack must be less than one-eighth inch in width and less than one-half inch in the vertical. "accessible" - available for use by the traveling public, constructed consistent with adopted engineering standards and building codes, and complying with the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004). 12.16.020 Repair and Maintenance. All storm drainage ditches, driveway culverts (located within the right-of-way), and sidewalks shall be maintained and kept in good condition by the abutting property owner. Any repair or reconstruction in the public right-of-way shall be done pursuant to Chapter 12.04 of this Code and to the satisfaction of the Town Engineer. 12.16.030 Order of Town Manager. The Town Manager may enforce the provisions of this ordinance by ordering an abutting property owner to perform repairs and maintenance as defined herein. 12.16.040 Notice to property owner of improvement order. (a) The Town Manager shall serve notice by certified mail upon the owner of the property adjacent to or abutting the sidewalk, ditch or culvert, to make such repairs and conduct such maintenance as ordered within thirty (30) days from the date of certifying the notice for mailing. (b) The notice shall be as follows: NOTICE Avon, Colorado (date) (Certified Mail - return receipt requested) YOU ARE HEREBY NOTIFIED that the Town Manager of Avon, Colorado, has ordered that the following work: be done on a sidewalk, storm drainage ditch or driveway culvert at the following location: In the event that the work ordered is not undertaken within thirty (30) days from the date hereof, the Town Manager may order it complete and the costs assessed against the owner of the adjacent or abutting property, including that property owned by you described above. You are further notified that you may appeal the order of the Town Manager to the Town Council by serving written notice of appeal on the Town Clerk within ten days of your receipt of this notice. Town Manager 12.16.050 Failure to comply with notice. If any owner of property adjacent to or abutting the sidewalk, ditch or driveway culvert ordered improved fails, refuses or neglects to do the work ordered, the Town Manager shall cause the Ordinance No 07-09 Amend Code 12.16 Maintenance Page 2 of4 work to be done by employees of the Town or by contract. 12.16.060 Assessment of costs. (a) The cost of any work shall be assessed against the adjacent or abutting property. Where such cost has not been paid within thirty (30) days after completion, notice of completion having been given by certified mail to said owner, the Town Manager shall certify said assessment to the Eagle County Treasurer, who shall extend the assessment upon the tax roll and collect the same in the same manner as other taxes assessed upon said property. (b) The notice shall be as follows: NOTICE Avon, Colorado (date) (Certified Mail - return receipt requested) You are hereby notified that the Town Manager of Avon, Colorado, has caused certain work to be done at the following location: You are further notified that the cost of such work was $ and that the amount thereof is assessed against the property owned by you described as . In the event such costs are not paid within thirty (30) days from the date hereof, the Town Manager shall certify such assessment to the Eagle County Treasurer, who shall extend the assessment upon the tax roll and collect the same in the same manner as other taxes assessed upon said property. You are further notified that you may appeal the amount of such assessment to the Town Council by serving written notice of appeal on the Town Clerk within ten days of your receipt of this notice. Town Manager 12.16.070 Inspection. The Town Engineer shall cause the inspection of any and all work performed for sidewalk or driveway culvert construction, including preparation of the subbase, base, condition and type of forms, etc., to be used, materials to be incorporated in the work and construction methods and practices. All materials and workmanship shall be subject to the approval of the Town Engineer, and the Town Engineer shall have authority to stop work until such time as the contractor corrects the situation in Ordinance No 07-09 Amend Code 12.16 Maintenance Page 3 of 4 question, subject to the final decision of the Town Manager. Section 2. Penalties. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted. INTRODUCED, READ AND ORDERED POSTED this 9th day of October, 2007 and a public hearing shall be held on this Ordinance on the 23rd day of October, 2007 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. N OFq~o To of A n, Colorado J. Ronald C. Wolfe, Mayor ATTES Patty M Kenny Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED the 23rd day of October, 2007. To of on, Colorado onald C. Wol e, Mayor ATTEST: --Zsss' Clerk APPROVED AS TO FORM P~C-wN OF47j~o :SEAL.' Jo W. Dunn, Town Attorney Ordinance No 07-09 Amend Code 12.16 Maintenance Page 4 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer " Jennifer Strehler, Director of Public Works S Date: October 23, 2007 Re: Revisions to Avon Municipal Code Chapter 12.16 Sidewalks AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE AS IT RELATES TO THE RESPONSIBILITY FOR MAINTENANCE OF SIDEWALKS, DRAINAGE DITCHES AND DRIVEWAY CULVERTS Summary: The Director of Public Works and Town Engineer are proposing changes to AMC 12.16 "Sidewalks". The existing ordinance currently requires the abutting property owners to maintain the condition of sidewalks, curbs, and gutters. Input received in September 2007 from the public and the Town Council was taken into consideration and the language has since been revised. The revised proposed code amendment will result in 1) re-assigning maintenance responsibility for all curbs and gutters from the abutting property owners to the Town, and 2) adding ditches and driveway culverts which are located in the public Right-of-Way (r.o.w.) to the list of items to be kept in good condition by the abutting property owners. Also, some minor language is herein clarified so that readers understand that the responsible to pay for the cost of such maintenance is to be born by the abutting property owner. It should be stressed that in cases where the abutting property owner (i.e, entity in title to land located beyond the "back of sidewalk" or "back of ditch crest" for areas without sidewalks) is the Town itself, then these maintenance responsibilities will be born by the Town. The proposed revised ordinance amendment has been reviewed and approved by the Town Attorney and Legal Review Committee. Staff is recommending that Town Council approve the amended ordinance at this meeting. Previous Council Action: Chapter 12.16 Sidewalks-was originally adopted in 1996. Background: There are existing operational issues associated with the way abutting property owners are using the public r.o.w. adjacent to their property. Public Works is finding the following items improperly placed in the r.o.w.: irrigation lines, sprinkler heads, trees, bushes, landscaping . rock, signs, other landscaping features, yard waste, construction waste, donation items, dirt, and garbage. These items clog the storm ditches and driveway culverts, impeding free flow of storm water and risk causing significant damage to pavements and slope stability. There also seems to be an increasing trend of residents stockpiling solid waste or yard waste in the storm ditches. In most cases, the waste management agency picks up these items within a few days (and hopefully before a heavy rain event). However in some cases, items have dubbed unsuitable for collection (e.g., improperly bagged, too heavy, too large) in which case they have remained in the ditch for an extended period of time. Please understand that if not properly managed, these ditches and culverts can cause flooding and resulting property damage. When an associated drainage problem has 0 Page 1 of 3 occurred, Public Works has provided emergency response and remediated a worsened situation along multiple properties and public lands. It is the Director's belief that reacting to problems is never as good as preventing them. Finally, necessary snow plowing and de-icing actions taken by Public Works frequently damage unauthorized items located in the r.o.w., whereupon homeowners have called, complained, and claimed damages. Discussion: Note that the purpose of the ordinance is not to lessen the Towns regular maintenance activities. Public Works routinely maintains sidewalks, curbs, gutters, ditches, and culverts located along public property. Public Works also maintains large-scale buried storm water infrastructure (e.g., catch basins, pipes, detention ponds) throughout town. These activities will continue. Ditches and driveway culverts primarily benefit the adjacent property owner by providing site drainage and preserving access pavements. With the increasing amount of residential development and impervious surface, maintaining the functionality and hydraulic capacity of the open-channel type storm water infrastructure is becoming more-and-more essential. Previously, the frequency of required maintenance was not as often. However, with the increased residential development and extent of impervious surface (causing faster peak-storm flow events), more frequent maintenance is becoming necessary. This increased frequency should not include responses that are caused due to poor private land practices (e.g., improper handling of run-off from construction sites, inadequate or negligent maintenance. Furthermore, the Town does not operate a solid waste utility and is not currently prepared to handle routine hauling of solid waste and yard waste for residents when these materials are improperly placed in the r.o.w.. As described above (see Background, many of the existing problems are a direct result of improper use and/or encroachment into the r.o.w. by the adjacent landowner or tenant. Staff assert that the responsibility for routine ditch and driveway culvert maintenance in Avon, similar to sidewalk maintenance, should be clearly assigned to the abutting property owner. The proposed modifications to the existing ordinance AMC 12.16 give staff the authority to require adjacent property owners to maintain, mow, trim, remove unauthorized items, and generally keep clean, abutting ditches and driveway culverts, or to bill the resident for the cost of conducting this work using the Town's forces (similar to the way noxious weeds are handled). It also assists to clarify who is likely responsible for drainage-related damage caused by improper use of the public r.o.w.. Finally, modifications to this ordinance strengthen the position that the Town is not responsible for damage to unauthorized items located in the r.o.w.. Financial Implications: This ordinance is anticipated to have a slight positive financial implication for the Town by decreasing the amount of current time that staff must spend to convince abutting property owners to take specific actions to remedy encroachments, or for staff to take action to remediate drainage problems caused by improper use of the r.o.w.. The advantage of this ordinance change will also be appreciated over time, allowing more efficient use of staff time and redirection to other target areas (e.g., mall maintenance, capital project support). Recommendation: The revised ordinance was prepared by the Town Attorney and reviewed by the Legal Subcommittee. Staff is recommending that Town Council move to approve. 0 Page 2 of 3 Alternatives: The alternative action is to oppose the proposed ordinance change. Implications of this decision will have an impact on current operational schedules and the long-term staffing needs of the Public Works Department. Proposed Motion: N/A Town Manager Comments: 0 Page 3 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 07-09 Series of 2007 AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE AS IT RELATES TO THE RESPONSIBILITY FOR MAINTENANCE OF SIDEWALKS, DRAINAGE DITCHES AND DRIVEWAY CULVERTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: Section 1. Amendment. Sections 12.16.010 through 12.16.060, Chapter 12.16, Title 12, Municipal Code of the Town of Avon are repealed and reenacted to provide as follows. 12.16.010 Definitions The following definitions shall apply: "abutting property owner" - Entity holding title to land located beyond the "back of sidewalk" for areas with sidewalks, or to the "back of ditch crest" for areas without sidewalks. (In cases where this title is held by the Town itself, then the Town would be the abutting property owner and would bear maintenance and repair responsibilities as described herein.) "maintenance" - For sidewalks: the surface shall be safely accessible to the traveling public, kept free of snow greater than one inch, provided with an even surface and grade that is consistent with the established grade of the streets and the longitudinally-connected sidewalks, and free of major cracks, chips or significant areas of broken concrete or exposed aggregate. For ditches and driveway culverts: the surface shall be kept mowed or trimmed, and kept free of landscaping materials, irrigation lines and heads, grass clippings, tree branches, yard waste, trash and the like, such that they operate for their intended purpose of freely conveying storm water. "repair" - Major work which requires closing off of the area from the public to protect public safety, which involves excavation in and around buried utilities, which impacts neighboring properties, or which causes diversion of storm water. "grade" - For sidewalks, this means that a horizontal separation or crack must be less than one-eighth inch in width and less than one-half inch in the vertical. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer Jennifer Strehler, Director of Public WorksA Date: August 28, 2007 Re: Revisions to Avon Municipal Code Chapter 12.16 Sidewalks AN ORDINANCE AMENDING CHAPTER 12.16 OF THE AVON MUNICIPAL CODE AS IT RELATES TO THE RESPONSIBILITY FOR MAINTENANCE OF SIDEWALKS, DRAINAGE DITCHES AND DRIVEWAY CULVERTS Summary: The Director of Public Works and Town Engineer are proposing changes to AMC 12.16 "Sidewalks". The proposed changes will require that ditches and driveway culverts located in the Right-of-Way (r.o.w.) be maintained in good condition by the abutting property owners. This assignment is in addition to that for sidewalks, curbs, and gutters which are already required to be maintained by the abutting property owners in the original ordinance. Also, some minor language is herein clarified so that readers understand that the responsible to pay for the cost of such maintenance is to be born by the abutting property owner. Staff is recommending that Town Council approve the amended ordinance at this meeting. Previous Council Action: Chapter 12.16 Sidewalks was originally adopted in 1996. Background: There are existing operational issues associated with the way abutting property owners are using the public r.o.w. adjacent to their property. Public Works is finding the following items improperly placed in the r.o.w.: irrigation lines, sprinkler heads, trees, bushes, landscaping rock, signs, other landscaping features, yard waste, construction waste, donation items, dirt, and garbage. These items clog the storm ditches and driveway culverts, impeding free flow of storm water and risk causing significant damage to pavements and slope stability. There also seems to be an increasing trend of residents stockpiling solid waste or yard waste in the storm ditches. In most cases, the waste management agency picks up these items within a few days (and hopefully before a heavy rain event). However in some cases, items have dubbed unsuitable for collection (e.g., improperly bagged, too heavy, too large) in which case they have remained in the ditch for an extended period of time. When an associated drainage problem occured, Public Works provided emergency response and remediated a worsened situation along multiple properties and public lands. Finally, necessary snow plowing and de-icing actions taken by Public Works frequently damage unauthorized items located in the r.o.w., whereupon homeowners have called, complained, and claimed damages. Discussion: Note that the purpose of the ordinance is not to lessen the Towns regular maintenance activities. Public Works routinely maintains sidewalks, curbs, gutters, ditches, and culverts located along public property. Public Works also maintains large-scale buried storm water infrastructure (e.g., catchbasins, pipes, detention ponds) throughout town. These activities will continue. 0 Pagel of 2 Ditches and driveway culverts primarily benefit the adjacent property owner by providing site drainage and preserving access pavements. With the increasing amount of residential development and impervious surface, maintaining the functionality and hydraulic capacity of the open-channel type storm water infrastructure is becoming more-and-more essential. The staff size of the existing Public Works Department is not currently large enough to conduct routine maintenance of all of the existing storm ditches and driveway culverts located alongside private properties in Avon. Previously, the frequency of required maintenance was not as often. However, with the increased residential development and extent of impervious surface (causing faster peak-storm flow events), more frequent maintenance is becoming necessary. Furthermore, the Town does not operate a solid waste utility and is not currently prepared to handle routine hauling of solid waste and yard waste for residents when these materials are improperly placed in the r.o.w.. As described above (see Background, many of the existing problems are a direct result of improper use and/or encroachment into the r.o.w. by the adjacent landowner or tenant. Staff assert that the responsibility for routine ditch and driveway culvert maintenance in Avon, similar to sidewalk maintenance, should be clearly assigned to the abutting property owner. The proposed modifications to the existing ordinance AMC 12.16 give staff the authority to require adjacent property owners to maintain, mow, trim, remove unauthorized items, and generally keep clean, abutting ditches and driveway culverts, or to bill the resident for the cost of conducting this work using the Town's forces (similar to the way noxious weeds are handled). It also assist to clarify who is likely responsible for drainage-related damage caused by improper use of the public r.o.w.. Finally, modifications to this ordinance strengthen the position that the Town is not responsible for damage to unauthorized items located in the r.o.w.. Financial Implications: This ordinance is anticipated to have a slight positive financial implication for the Town by decreasing the amount of current time that staff must spend to convince abutting property owners to take specific actions to remedy encroachments, or for staff to take action to remediate drainage problems caused by improper use of the r.o.w.. The advantage of this ordinance change will also be appreciated over time, allowing more efficient use of staff time and redirection to other target areas (e.g., mall maintenance, capital project support). Recommendation: The revised ordinance was prepared by the Town Attorney and reviewed by the Legal Subcommittee. Staff is recommending that Town Council move to approve. Alternatives: The alternative action is to oppose the proposed ordinance change. Implications of this decision will have an impact on current operational schedules and the long-term staffing needs of the Public Works Department. Proposed Motion: N/A Town Manager Comments: 0 Page 2 of 2 Page 1 of 3 Patty McKenny From: Dominic Mauriello [dominic@mpgvail.com] Sent: Monday, October 22, 2007 6:00 PM To: Patty McKenny Subject: FW: Ordinance No. 07-09 Sidewalks and Ditches From: Kristi S. Ferraro [mailto:kferraro@comcast.net] Sent: Friday, October 19, 2007 9:54 PM To: 'Dominic Mauriello' Subject: RE: Ordinance No. 07-09 Sidewalks and Ditches Dominic: Thanks for putting so much thought into this. It makes our job easier. Best, Kristi Kristi Ferraro P.O. Box 145 Avon, Colorado 81620 (970)471-4715 (970)748-3175 fax kferrarona comcast.net From: Dominic Mauriello [mailto:dominic@mpgvail.com] Sent: Friday, October 19, 2007 8:06 PM To: rwolfe@avon.org; tunderwood@avon.org; rcarroll@avon.org; kferraro@avon.org; ddantas@avon.org; aphillips@avon.org; bsipes@avon.org Cc: AimissVail@aol.com; 'Rich Carroll'; 'Jennifer Strehler'; 'Justin Hildreth'; 'Eric Heidemann' Subject: Ordinance No. 07-09 Sidewalks and Ditches Dear Town Council Members: I am writing you with regard to the proposed Ordinance NO. 07-09, which relates to the maintenance of sidewalks and ditches adjacent to private property. As you recall I provided some input into this matter at a Town Council hearing a few weeks ago. I had hoped to provide some more detailed input but failed to do so prior to noticing the item listed on the agenda today. I apologize for the late input. I have reviewed the proposed revisions and find them somewhat clearer than the previous version, yet still having essentially the same effect on property owners as the previous version. In the proposed ordinance the definition of "maintenance" states: 10/23/2007 Page 2 of 3 "maintenance' -Fors'detx%alks. the surface sEI E1 be safely accessible to th i. ire. t,ubi c, kept try of stow greater Ch Lin one Dick, providod with an eve,i s il'x a ai fu that is consistent 'tr itli tI: t E it.,l Ia r., d a a-,Ie of tE-,c Lt. strc("r;s ills I '71liL~711;111}'~Cf7nri GteC1 S1.Cl evil~lCS. a C J i i,,1,a'o; ;;l"acks, Clll ).S ors, i1Sr;4 'stit Q:1 .8ti 1),~ ?rt 4 MJ concrete or ditclics ,i1:i Ala. , ;.wr culverts: tl'iesu face shall bL 1:cpt 14117^ . <;1 fr iaattt7cd, acidkt;Ea6 ti °-oCis..t.dsw apinginaterials,ilrigatim file: ,.t,€l lydS, ~il r1lss clipp n , E_~-:; brwiches, yard waste, trash and the 1 l c. _qat they Operate for their int , ptupose of freely onveying stoo,-rrl Lai _~1° I have no problem with the statement that sidewalks "shall be safely accessible to the traveling public" and "kept free of snow greater than one inch". I think I would probably add that they be "routinely swept". I object to the statement that a private property owner would have to "provide an even surface and grade" (which suggests the me that if the sidewalk buckles, the private property owner would have to fix it) and "free of major cracks, chips, or significant areas of broken concrete or exposed aggregate" (which sounds to me like one would have to fix the Town's broken sidewalks when they start to deteriorate). Why should a private property owner have to repair and fix a public sidewalk that is used by the community at-large and which may have been damaged by forces outside of his control? This provision, whether existing in the code today or not, should be modified. I would suggest deleting the remainder of the sentence dealing with sidewalks after the word "inch". I do have not problem with the definition of "maintenance" with respect to ditches and driveway culverts. The definition of grade is a bit strange and confusing, but whatever. Section 12.16.020 uses the word "maintained" and does not specifically refer to the definition of "maintenance". After property owner I would suggest adding "as defined under the term "maintenance" found in section 12.16.010". Section 12.16.030 is inconsistent with the overall policy. It states: 12.16.0 )0 Order of To Nn Manager. "1"lie `'ownN4.an,a gcr. rheti. h+ ►w sl c clo rrls it r c e4. r, tlirt: ~ portion of a side4 ldk be constructed or repair l or a storm drt 6rla,,c. ct tCl7 o r driveway culvert bo cleaned or maintained, may order the same to be clone by the abutting property 0,wiler. This policy states that the Town Manager can order a private property owner to "construct" or repair a portion of sidewalk. It also states that he can require that a ditch or culvert (in the public right-of-way) be "cleaned" or "maintained" (undefined terms). I would like to suggest the following revision: " 12.16.020 Maintenance. The Town Manager may enforce the provisions of this ordinance by ordering an abutting property owner to perform maintenance, as defined herein, on or within' sidewalks, ditches, and culverts when an abutting property owner has failed to do so." 10/23/2007 Page 3 of 3 Section 12.16.040 states: 12.16.040 Notice to property owner of irnprov r lent order. (a) The Town Manager shall serve notice l y certidied mall upon tlio sl`ilre proport} ad aacent to or abutting, the sl&2%~ 4k, ditch or 01 culvert ordercd inaprcyve d to make such in-1provci crits as ter det-,d within thirty ('30) days from the date of certifying, the notice for mailing. This section uses the undefined terms "improved" and "improvements". I would suggest that this section be rewritten as follows: "The Town Manager shall serve notice by certified mail upon an abutting property owner adjacent to a sidewalk, ditch or culvert ordered maintained (as defined under "maintenance" herein) to perform said maintenance within thirty (30) days from the date of certifying the notice for mailing." In section 12.16.050 the term "improved" should be replaced with "maintained (as defined under "maintenance" herein)". Section 12.16.070 Inspection also suggests that a property owner is doing a great deal of construction work. This paragraph should also be revised. As an Avon citizen, I greatly appreciate the opportunity to provide input into the public hearing process on matters that have financial or other impacts to private property owners. I hope that you will consider my revisions in order to help create a sound ordinance that does not require a few people (those with public sidewalks adjacent to their property) to carry a burden that should be borne by the community at- large. Thanks, Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 1127 5601A Wildridge Road Avon, Colorado 81620 970-748-0920 phone 970-748-0377 fax dominiQLinnpgvaiLcom 10/23/2007