[Nfbc-info] Question about a City policy going against the ADA?

Brian Buhrow buhrow at nfbcal.org
Tue Sep 4 21:47:38 UTC 2012


	hello.  I don't know about other states, but generally in California,
the city policies are to have the owner/builder pay for the sidewalk at the
time they construct the building behind it, or when that structure is
undergoing a major renovation.  Unfortunately, the most likely reason you're
encountering intermittent sidewalks is because the builders who built the
buildings behind the missing sections struck a deal with city leaders at
the time of construction to be allowed to leave the sidewalk out, requiring
that the sidewalk be installed at the time of the first major renovation --
which either hasn't arrived yet or which was again negotiated out of the
requirements list when the renovation happened.  If you want to pursue the
effort, you should be able to find the owner of a particular parsel by
taking the address of the parsel in question to the city or county records
department and asking them to do a records search for that particular
parsel.  There is usually a small fee associated with the search and the
resultant photocopying for each parsel, but it should give you the current
owner and their contact information.  In the case of the city I live in,
and I imagine other cities as well, the city requires the building owner
contract with a list of approved city contractors for sidewalk construction
and/or repair, so if you contact the building owner about the issue, you
may want to also give them a list of city approved contractors who can do
the work.  Finally, I think $2,000 is a very low estimate for such work.  I
don't know how long the sidewalk segment  you're looking at getting built
is, but I think a starting figure of $5,000 for between 50 and 100 feet of
sidewalk is not a bad guess.  The good news is that the price isn't linear
relative to the amount of sidewalk you want built -- the biggest cost is
getting the contractor out and on the job.  A few years ago, a public school two
blocks from my house caused a bus turn out to be built in front of their
premises.  The job entailed  cutting the curb, moving the sidewalk back
from the street to accomodate the turn out lane, and reconstructing the
curb, lane and sidewalk.  The length of the job was approximately 50 yards.
I think I read the cost was $100,000.  If you're just asking for a
sidewalk, the cost should be much cheaper than that.

-Brian
On Sep 4,  2:12pm, "Brandon Keith Biggs" wrote:
} Subject: [Nfbc-info] Question about a City policy going against the ADA?
} Hello,
} I just moved to Hayward to attend CSU East Bay and there is a split 
} sidewalk, so for 40 yards there will be a sidewalk, for the next 100 yards 
} there will be no side walk, for the next 350 yards there will be a sidewalk. 
} I moved into a place and it was the place with the least space between 
} sidewalks.
} I called the city about getting this small section of sidewalk installed and 
} they said it is there policy for the residents to pay for their sidewalks.
} I'm wondering if anyone knows if this policy is against ADA? Because not 
} only is it really dangerous for pedestrian's to walk along the gutter on a 
} really busy street disabled or no, but wheelchairs can't travel to their 
} nearest bus stop at all.
} I'm not sure how to find who the property owner is, let alone how to find 
} out if the property owner would be amenable to paying a couple grand for a 
} sidewalk...
} I know in other cities sidewalks are in front of almost all the houses and 
} the city is the one who keeps them clear and does repairs.
} Is this policy in Hayward for the private residents to provide sidewalks 
} against the ADA? If so what can I do about it?
} Thank you,
} 
} Brandon Keith Biggs
} 




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