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File Number: 18-647 <br />Property Owner Pays:City Pays: <br />City of San Leandro 50% of permanent repair All costs for temporary <br />cost if damage caused by work performed by the <br />City street tree or 100% of Public Works Department; <br />permanent repair if damage all administrative costs <br />caused by other factors associated with managing <br />The Sidewalk Repair <br />Program, 50% of the <br />permanent repair if <br />damage caused by street <br />tree. <br />City of Hayward Fixed fee of $550 Repair cost minus <br />the fixed fee <br />City of Oakland 100% of repair cost. $50 Permit fee is waived if <br />Permit Fee is waived if damage was caused by <br />damage was caused by City street tree <br />City street tree <br />City of Union City 100% of repair cost. Owner Nothing. If requested by <br />can elect to have the side-the owner, the work can <br />walk repaired as part of be included in the City’s <br />the City’s roadway resur-roadway resurfacing <br />facing program, but must program, but the costs <br />reimburse the City for the must be reimbursed by <br />the cost the owner <br />The City’s Program mitigates hazards posed by damaged sidewalks, but does not eliminate all <br />claims. For perspective, the City settled 25 claims associated with infrastructure or <br />construction-related issues from fiscal years 2010/11 to 2018/19. Of those 25 settled claims, 15 <br />were due to sidewalk injuries amounting to 24% of all funds paid to claimants for this risk <br />category. Although trip-and-fall claims are generally less expensive than other types of claims, the <br />number of claims is nonetheless a consideration. <br />From a State-wide perspective, advocacy groups representing the disabled have successfully <br />claimed that damaged sidewalks create access barriers in violation of the Americans with <br />Disabilities Act (implemented as Title 24 in California). The Cities of Los Angeles and <br />Sacramento, as examples, settled costly litigation by agreeing to dedicate significant <br />discretionary funding towards sidewalk repairs. These cities asserted that California State law <br />transferred liability for trip-and-fall claims to property owners, yet elected to settle costly litigation <br />rather than having the court render a decision on this issue. Unlike most cities, San Leandro <br />subsidizes repairs through maintenance efforts and cost-sharing with owners. <br />Page 4 City of San Leandro Printed on 12/21/2018