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File #: ORD-0555    Version: Name:
Type: Ordinance Status: Approved
File created: 11/24/2020 In control: Public Works
On agenda: 12/8/2020 Final action:
Title: Approving an ordinance on second reading with the caption reading: An Ordinance of the City of Pflugerville amending Title XIII General Offenses, Chapter 130 Offenses Against City Regulations, Section 130.13 Repair of Defective Sidewalks; providing for a Penalty as a Class C Misdemeanor and a fine in an amount in accordance with Code of Ordinances, Section 10.99 General Penalty, in an amount not to exceed $500.00; providing that this Ordinance shall be cumulative; repealing all ordinances to the extent they are in conflict; providing for severability; and providing an effective date.
Attachments: 1. Proposed Sidewalk Ordinance, 2. Draft Presentation_Sidewalk Ordinance
Title
Approving an ordinance on second reading with the caption reading: An Ordinance of the City of Pflugerville amending Title XIII General Offenses, Chapter 130 Offenses Against City Regulations, Section 130.13 Repair of Defective Sidewalks; providing for a Penalty as a Class C Misdemeanor and a fine in an amount in accordance with Code of Ordinances, Section 10.99 General Penalty, in an amount not to exceed $500.00; providing that this Ordinance shall be cumulative; repealing all ordinances to the extent they are in conflict; providing for severability; and providing an effective date.

Summary
The current ordinance reads:
“When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter, or appurtenance is found to be defective, unsafe or hazardous, the City Engineer, or his/her designee, shall notify the owner of the abutting property to reconstruct or repair same. A permit may be required to make the repairs pursuant to Chapter 96 Right-of-Way Management of the Code of Ordinances. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the City Engineer, or his/her designee, to do so shall be guilty of a misdemeanor.”
(Ord. 24-69-4-21, passed 4-21-69; Ord. 1452-20-07-28, passed 7-28-20)

Current practice:
For approximately five years budgeted funds have been approved for contracted sidewalk repair which has been utilized for such work. Staff will is proposing adding language “however the City is not prohibited from making repairs when deemed necessary” which will allow the City to continue current operations, making necessary repairs when needed thus aligning the City’s daily operations similar to that of other communities such as Hu...

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