CITY COUNCIL AGENDA ITEM NO.
Meeting Date: February 13, 2001
Subject/Title: Sidewalk Maintenance Responsibility--Amend §12.08.425(D)
Submitted by: Dennis Beougher
Approved by: Jon Elam, City Manager
Approve the attached ordinance amending §12.08.245 pertaining to sidewalk maintenance responsibilities.
The City received a claim for a trip and fall allegedly caused by a pod dropped from a tree on First Street. The case has been resolved but the Contra Costa Municipal Risk Management Insurance Authority has suggested that the City amend its code to clarify sidewalk maintenance responsibility by adding the phrase "or subsection C" to §12.08.425.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND BRENTWOOD MUNICIPAL CODE §12.08.425(D) PERTAINING TO SIDEWALK MAINTENANCE RESPONSIBILITIES
The Council of the City of Brentwood does ordain as follows:
Section 1. Amendment of Code. §12.08.425(D) of the Brentwood Municipal Code is amended to add the phrase "or subsection C" to read as follows:
(D) The failure of an owner to fulfill the duties imposed by subsection B or subsection C of this section is negligence and the owner is liable to members of the public injured as a result of the negligence as well as the city.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13th day of February 2001 by the following vote: