(A) There is hereby established a sidewalk repair rebate program for sidewalks adversely affected by tree roots growing from trees in the public right of way. The program is designed to reimburse property owners for a portion of the cost to repair sidewalks damaged from the roots of trees growing in the public right of way. The program shall be administered by the Director of Public Works, who shall have the authority to make all decisions regarding the administration of the program.
(B) The Auditor is authorized to create the appropriate account within the general fund into which council may appropriate an amount to be expended for the calendar year, for payment of repairs under this program as authorized by the Public Works Director.
(1) Repair cost reimbursement will be paid from this program account on a first come first served basis, and the City shall not make reimbursements beyond the available balance of the account.
(2) Council retains the right to re-appropriate or transfer money to or from this program account as it determines appropriate, at any time.
(C) The Public Works Directed is authorized to establish rules and regulations for the implementation of this program, subject to the following parameters:
(1) Only the portion of public sidewalk requiring repair or replacement due to root uplift from a tree in the public right of way, as determined by the City Engineer, shall be eligible.
(2) The reimbursement rate shall not exceed twenty-five percent (25%) of the cont of the square foot repair rate charged to the City by its contractor under the City’s current Annual Sidewalk Repair Program. If this rate for a current year has not yet been established in the applicable calendar year, the previous year’s rate shall apply. If the City does not administer its Annual Sidewalk Repair Program for two consecutive years, then the rate shall be set as determined to be reasonable by the City Engineer.
(3) Only property owners who request and are approved for participation in the program prior to making repairs are eligible. A sidewalk construction permit is required for privately contracted sidewalk repair work. Sidewalks replaced without first obtaining a permit and requesting a field assessment are not eligible for the program.
(D) Repair work performed under the City’s Annual Combined Sidewalk Repair Program is eligible for participation in this program.
(Ord. 211-12. Passed 10-8-12.)