2.16 20-0709 Subject: Sidewalk Repair Ordinance Enforcement Suspension
From: Vice Mayor Reid
Recommendation: Adopt An Ordinance Approving A 90-Day Suspension Of Enforcement Of Oakland Sidewalk Repair Ordinance No. 13549 C.M.S And Request For Two (2) Reports
I am a resident of South Prescott and I am writing to encourage you to please keep the sidewalk repair ordinance. The city can improve permitting and inspection while keeping the ordinance in place. Thank you.
This ordinance has resulted in a record amount of sidewalk repairs throughout Oakland over the past fiscal year, and a record number of permits issued, coinciding with a significant increase in proactive repair work completed by city crews. The result of this is safer walking conditions for Oaklanders, more accessible pathways for seniors and people with disabilities, and fewer expensive trip/fall lawsuit settlements for the city.
If the permitting issues referenced by realtor representatives back in February have still not been resolved then I encourage council to work with staff to do so, but I don't see how shutting down the program for 3 months then starting it back up again will do anything other than create more confusion and complexity, while also reducing all of the substantial positive outcomes that the data shows this program has clearly accomplished over the past year. Please keep this program going, and don't slow down the progress.
The staff report on the sidewalk repair ordinance and staff recommendations to improve on the program isn't attached to this council agenda item for some reason, but is available here:
Safe sidewalks are really important in a time of COVID-19. We must continue this program for the benefit of the young and the vulnerable who need safer sidewalks the most. Do not pass a moratorium today.
PART ONE OF MY COMMENT: I am writing in support of the proposal to suspend the Oakland Sidewalk Repair Ordinance. As a real estate salesperson working in Oakland, I can tell you that the implementation of this ordinance has been a real problem. I understand the motivation of the City Council: to improve and repair our sidewalks and make them safe. The difficulties arise from the way your ordinance is structured to solve the problem and make these improvements. The idea that each homeowner should be responsible for repair when selling makes good sense for private sewer laterals, but not for sidewalks. What we have experienced is a patchwork of inspectors and repair contractors, all with widely differing skill sets and standards. Some inspectors charge a hefty fee to inspect, others inspect for free (but often charge a lot to file the paperwork). The way a sidewalk is evaluated varies widely among inspectors – one inspector may call out the majority of a sidewalk whereas another inspector may say that entire stretch is compliant! Believe me, I have seen it. And then you have a huge variation in the quality of the repairs. I am sure the City Council didn’t anticipate these inconsistencies when enacting this ordinance.
I am a resident of South Prescott and I am writing to encourage you to please keep the sidewalk repair ordinance. The city can improve permitting and inspection while keeping the ordinance in place. Thank you.
This ordinance has resulted in a record amount of sidewalk repairs throughout Oakland over the past fiscal year, and a record number of permits issued, coinciding with a significant increase in proactive repair work completed by city crews. The result of this is safer walking conditions for Oaklanders, more accessible pathways for seniors and people with disabilities, and fewer expensive trip/fall lawsuit settlements for the city.
If the permitting issues referenced by realtor representatives back in February have still not been resolved then I encourage council to work with staff to do so, but I don't see how shutting down the program for 3 months then starting it back up again will do anything other than create more confusion and complexity, while also reducing all of the substantial positive outcomes that the data shows this program has clearly accomplished over the past year. Please keep this program going, and don't slow down the progress.
The staff report on the sidewalk repair ordinance and staff recommendations to improve on the program isn't attached to this council agenda item for some reason, but is available here:
https://cao-94612.s3.amazonaws.com/documents/Info-Memo-Sidewalks-Annual-Report-FY19-20.pdf
Safe sidewalks are really important in a time of COVID-19. We must continue this program for the benefit of the young and the vulnerable who need safer sidewalks the most. Do not pass a moratorium today.
PART ONE OF MY COMMENT: I am writing in support of the proposal to suspend the Oakland Sidewalk Repair Ordinance. As a real estate salesperson working in Oakland, I can tell you that the implementation of this ordinance has been a real problem. I understand the motivation of the City Council: to improve and repair our sidewalks and make them safe. The difficulties arise from the way your ordinance is structured to solve the problem and make these improvements. The idea that each homeowner should be responsible for repair when selling makes good sense for private sewer laterals, but not for sidewalks. What we have experienced is a patchwork of inspectors and repair contractors, all with widely differing skill sets and standards. Some inspectors charge a hefty fee to inspect, others inspect for free (but often charge a lot to file the paperwork). The way a sidewalk is evaluated varies widely among inspectors – one inspector may call out the majority of a sidewalk whereas another inspector may say that entire stretch is compliant! Believe me, I have seen it. And then you have a huge variation in the quality of the repairs. I am sure the City Council didn’t anticipate these inconsistencies when enacting this ordinance.