City of Atlanta
Georgia

Ordinance
14-O-1361
Adopted Substitute
Jul 20, 2015 1:00 PM

AN ORDINANCE BY COUNCILMEMBERS MARY NORWOOD, YOLANDA ADREAN, HOWARD SHOOK, CARLA SMITH, NATALYN ARCHIBONG, KEISHA LANCE BOTTOMS, MICHAEL BOND, IVORY L. YOUNG, JR. AND ANDRE DICKENS
AS SUBSTITUTED (#4) BY CITY UTILITIES COMMITTEE
TO AMEND PART 2, CHAPTER 138, ARTICLE 1, SECTION 138-14(D) TITLED “MAINTENANCE OF SIDEWALK AREA” CONCERNING THE FUNDING OF SIDEWALK MAINTENANCE AND REPAIRS; TO AMEND PART 2, CHAPTER 138, ARTICLE 4, SECTION 138-103 TITLED “INSPECTION AND REPAIR OF SIDEWALKS” CONCERNING THE FUNDING OF SIDEWALK MAINTENANCE AND REPAIRS; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, Post 2 At-Large Mary Norwood, Councilmember, Post 1 At-Large Michael Julian Bond, Councilmember, District 5 Natalyn Mosby Archibong, Councilmember, Post 3 At-Large Andre Dickens, Councilmember, District 8 Yolanda Adrean, Councilmember, District 7 Howard Shook, Councilmember, District 3 Ivory Lee Young Jr., Councilmember, District 11 Keisha Lance Bottoms, Councilmember, District 1 Carla Smith
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. DOC26
  3. SUB #2 (Sidewalks) 14-O-1361 (This file has not yet been converted to a viewable format)
  4. SUB #4 14-O-1361 (Sidewalk Revisions) (This file has not yet been converted to a viewable format)
  5. 14o1361

Item Discussion

(A Work session was held on 9/17/14)

Body

WHEREAS, The City’s sidewalks are public assets that provide benefits to the entire community, not just property owners or abutting property owners near sidewalks; and

 

WHEREAS, the maintenance and installation of sidewalk infrastructure throughout the City of Atlanta is a basic function of a local government in Georgia; and

 

WHEREAS, City Code Section  138-14(d) and certain provisions contained within Section 138-103 require that private property owners  maintain sidewalks that abut their property; and

 

WHEREAS, sidewalks can improve pedestrian safety, encourage walkability, and enhance the quality of life in our neighborhoods; and

 

WHEREAS,  safe and accessible sidewalks are essential to the health and mobility of Atlanta’s residents; and

 

WHEREAS, the City of Atlanta does not have a sufficient system for prioritizing repairs, a sustainable funding source dedicated to sidewalk repair, or an effective approach to tackle the problems of repairs and replacements; and

 

 

WHEREAS, many neighborhoods and residents are unaware of the responsibility of maintaining the sidewalks or do not have the financial resources to do so; and


 

WHEREAS, the City is committed to allocating funding for sidewalk maintenance on a sustained yearly basis, including those funds recently established by Ordinance 14-O-1513 authorizing the creation of a Public Infrastructure Maintenance and Improvement Account that will incrementally collect 3.5% of the general fund budget by FY2020 for the repair and maintenance of public infrastructure; and

 

 

 

WHEREAS, when funding is made available for maintenance and repair, it shall be made a priority to allocate such funding to help maintain and repair sidewalks; and

 

WHEREAS, if this phased approach is successful and fiscally responsible, it may be possible for the City to undertake all maintenance and repair; and

 

WHEREAS,  it is the specific intent of the City Council not to waive or abrogate the rights of the City to enforce any law whether provided by statute, ordinance, charter or common law by implementing this phased approach; and

 

WHEREAS, the only obligation that the City desires to undertake under this ordinance is to provide sidewalk maintenance and repair funding when it is identified and available.

 

 

THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

 

SECTION 1: Sec. 138-14 of the “Maintenance of sidewalk area” currently reads:

(a)

Removal of snow and ice from sidewalks. When there is an accumulation of ice, naturally or by artificial means, or snow sufficient to cover the sidewalks, the occupants or owners of the houses and other establishments fronting the sidewalks shall have the ice or snow cleared from the sidewalks in front of their establishments when an accumulation occurs, within a reasonable time after such accumulation.

 

(b)

Maintenance of unpaved portion of sidewalk space. Whenever a sidewalk is paved and not all of the sidewalk space is covered by the pavement, but a space is left between the sidewalk and the curbs or between the sidewalk and property line or both or where there exist planted materials in the ground or in planters within such unpaved portion, the owner of the abutting property shall be responsible for maintenance of that space and for keeping it free of holes and weeds, level with the sidewalk and sodded with grass and for watering, pruning and maintaining the planted materials, whether such materials are planted in the ground or in planters placed in or alongside the sidewalk area. Upon the failure of that person to do so, the commissioner of public works may give written notice to the person to do so within ten days, and upon the failure of that person to comply, the person shall be cited to appear for a hearing to show cause for noncompliance, after which the commissioner shall have the property put in a condition complying with this section and shall notify the chief financial officer of the costs thereof. Execution shall issue against the owner of the property for the full amount of costs, which execution shall be collected by the chief financial officer as are all other executions issued by the city.

 

(c)

Paving of grass plots upon repaving sidewalks. Whenever a sidewalk is repaved on a street which has a grass or dirt plot between the curb and the pavement, the commissioner of public works shall be authorized to extend the repavement to the curbline. If the extension to the curbline is repaved, the grass or dirt plot so paved shall be paved with the same material as the new pavement.

(d)

Damaged sidewalk abutting the right-of-way. When the sidewalk abutting the right-of-way is damaged, it is the obligation of the abutting property owner to repair such sidewalk upon notice from the department of public works. If after receiving such notice, the abutting property owner fails to repair the sidewalk within a reasonable time, the department of public works is authorized to make such repairs and assess the abutting property owner for costs incurred.

 

SECTION 2:              Sec. 138-14 of the “Maintenance of sidewalk area” shall now read:

 

(a)

Removal of snow and ice from sidewalks. When there is an accumulation of ice, naturally or by artificial means, or snow sufficient to cover the sidewalks, the occupants or owners of the houses and other establishments fronting the sidewalks shall have the ice or snow cleared from the sidewalks in front of their establishments when an accumulation occurs, within a reasonable time after such accumulation.

(b)

 

Maintenance of unpaved portion of sidewalk space. Whenever a sidewalk is paved and not all of the sidewalk space is covered by the pavement, but a space is left between the sidewalk and the curbs or between the sidewalk and property line or both or where there exist planted materials in the ground or in planters within such unpaved portion, the owner of the abutting property shall be responsible for maintenance of that space and for keeping it free of holes and weeds, level with the sidewalk and sodded with grass and for watering, pruning and maintaining the planted materials, whether such materials are planted in the ground or in planters placed in or alongside the sidewalk area. Upon the failure of that person to do so, the commissioner of public works may give written notice to the person to do so within ten days, and upon the failure of that person to comply, the person shall be cited to appear for a hearing to show cause for noncompliance, after which the commissioner shall have the property put in a condition complying with this section and shall notify the chief financial officer of the costs thereof. Execution shall issue against the owner of the property for the full amount of costs, which execution shall be collected by the chief financial officer as are all other executions issued by the city.

 

(c)

Paving of grass plots upon repaving sidewalks. Whenever a sidewalk is repaved on a street which has a grass or dirt plot between the curb and the pavement, the commissioner of public works shall be authorized to extend the repavement to the curbline. If the extension to the curbline is repaved, the grass or dirt plot so paved shall be paved with the same material as the new pavement.

(d)

Damaged sidewalk abutting the right-of-way. When the sidewalk abutting the right-of-way is damaged, it is the obligation of the abutting property owner to repair such sidewalk upon notice from the department of public works. If after receiving such notice, the abutting property owner fails to repair the sidewalk within a reasonable time, the department of public works is authorized to make such repairs and assess the abutting property owner for costs incurred; provided however that where funding is  identified, applicable and available for implementation of repairs by the city, such repairs not required due to damage directly attributable to action(s) of the abutting property owner or agents, contractors, or employees of the abutting property owner, shall be undertaken by the city upon a prioritized basis until the funding is exhausted. The absence of city funding shall not excuse the abutting property owner from the requirements of this section.

 

(e)

Reporting requirement. The department of public works shall update city council on a quarterly basis as to all sidewalk repairs conducted by location, responsible party, and dollar amount of each repair.

 

 

SECTION 3: Sec. 138-103 of the “Inspection and repair of sidewalks” currently reads:

 

“The commissioner of public works is authorized to inspect the sidewalks along public right-of-way, to see that the sidewalks thereon are in a safe and suitable condition for public use and travel, to condemn promptly pavements on such sidewalks that are unsafe or unsuitable for public travel, and to cause repairs to be made in accordance with city law and to charge the cost of the repair to the abutting property owner.”

 

SECTION 4:  Sec. 138-103 of the “Inspection and repair of sidewalks” should read:

 

“The commissioner of public works shall inspect the sidewalks along public right-of-way, to maintain the sidewalks thereon in a safe and suitable condition for public use and travel, to condemn promptly pavements on such sidewalks that are unsafe or unsuitable for public travel, and to cause repairs to be made in accordance with city law and to charge the cost of the repair to the abutting property; provided however that where funding is identified, applicable and available for implementation of repairs by the city, such repairs shall be undertaken by the city upon a prioritized basis until the funding is exhausted. The absence of city funding shall not excuse the abutting property owner from the requirements of this section.

 

 

SECTION 5: The Commissioner of Public Works is hereby authorized to create a prioritized list of sidewalk maintenance and repair locations utilizing a portion of the Infrastructure Maintenance and Improvement Account and all other applicable and available funding sources to fund city sidewalk repairs and maintenance until such funding is exhausted.

 

SECTION 6: This ordinance shall become effective when signed by the Mayor or as provided by operation of law.

Meeting History

Jul 7, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Jul 15, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 21, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Jul 29, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 18, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Aug 26, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 9, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 15, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED AS HELD
Sep 23, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 6, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE

RESULT:RETURNED AS HELD
Oct 14, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 20, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 28, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 3, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 10, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 17, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 24, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Dec 1, 2014 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 9, 2014 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 5, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 13, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 20, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 27, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 2, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 10, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 17, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 24, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 2, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 16, 2015 10:15 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 16, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 24, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Apr 20, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 28, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 4, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 12, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 18, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 26, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 1, 2015 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 9, 2015 9:30 AM  City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 15, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 23, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 6, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 14, 2015 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Ivory Lee Young Jr., Yolanda Adrean, Andre Dickens, Joyce Sheperd, Howard Shook, Alex Wan
Jul 20, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Felicia A. Moore, Clarence "C. T." Martin, Joyce Sheperd
ABSENT:Cleta Winslow, Yolanda Adrean, Keisha Lance Bottoms