Oakland's Glenview District neighbors convince city to issue unprecedented sidewalk repair permit

Mykl Roventine

Mykl Roventine

Shortly after Christmas 2010, residents of Glenview neighborhood's Greenwood Avenue awoke to fluorescent spray-paint streaked across their sidewalks and city-issued sidewalk repair notices in their mailboxes. 

They had just become actors in the city’s ongoing attempt to accelerate its sidewalk repair program.

By coming together, the tight knit neighbors convinced the city to issue a group permit for the repairs. This unprecedented measure saved the residents a hefty sum in permit costs and laid the foundations for similar negotiations with the city.

According to Kristine Shaff, Oakland Public Works’ Public Information Officer, the city has approximately 1,100 miles of sidewalk, with only 84 percent in good condition. Of the damaged 16 percent, 83 percent is private responsibility.

“Overall, we estimate $60 million in private responsibility, and $20 million in city repair responsibility,” Shaff said. 

State law and local ordinances establish that the area in front of a home or business is the responsibility of the property owner. This means property owners are responsible for maintaining sidewalks - and they are liable for injuries caused by a poorly maintained sidewalk. An exception is made for damage cause by city-owned trees. 

“We don’t just go after neighborhoods and say ‘hey we can get some money here.’ It’s usually driven by a complaint,” Shaff said. 

Francesca Kuglen, one of the Greenwood Avenue residents hit with a repair notice, said she believes this is precisely what happened in her neighborhood: A wheelchair-bound resident brought a legitimate complaint about a particularly egregious strip of sidewalk; as a result the whole block was charged with repairing its walkways.

Eleven families received notices. Of these, nine had considerable damage that required a permit for repair. The permit fees tallied to thousands of dollars and with Greenwood residents hard hit by the recession, nobody was prepared to pay so much.

Kuglen coordinated a neighborhood mobilization.

“The first step was we connected with each other and realized we were all having the same problem,” she said. But her sidewalk damage merely consisted of a raised edge that required filing, a non-permit job. 

“I took this on for the neighborhood because I knew they were struggling. We’re all struggling financially,” she added.

Kuglen headed the effort to mitigate the situation for her neighborhood. She began contacting city officials in order to assess the group’s options.  Initially, the city was inflexible.

“They had no intention of reassessing the matter or hearing about hardships,” Kuglen said. Officials cited injuries caused by poor sidewalk conditions as the reason for the strict rules. 

On May 13, the Greenwood Avenue residents received final notices threatening to serve liens if the repairs were not made. The neighbors were ready to fight the city at that point.

“People wanted to sue the city,” Kuglen said. “But we finally asked ourselves ‘what’s best for us? And what’s best for the city?’ I went back to the city with that in mind.”

It was Kuglen who engineered the idea of a single, mass permit for the neighborhood.

“I thought ‘why don’t we try something that hasn’t been done before?’” She approached the city open to negotiations, but she had a back up plan: “If the city won’t negotiate, then we’ll go to the newspapers.”

Kuglen said city officials hardly knew how to respond to her initially.

“They were stunned. My mantra to them was ‘it is within your power to do this. You have to give and we have to give.’” 

Official after official told her that nothing could be done. But the entrepreneurial businesswoman did not give up. 

“People just kept saying no to me, but when you own your own company you understand that most rules have just been made up by someone … somebody has the power to change the rules, but most people are intimidated by the system.”

In June, Kuglen started making crucial alliances with city officials. Eventually she reached Waribugo Frank, Construction Inspector for CEDA. “He’s the one who made everything happen. He was extraordinarily humane.”

June and July rains created delays, but once work began in August the multi-house project was done within a week.

“The neighbors were delighted,” Kuglen said. “And the contractor who did the work said it was one of the best jobs he’s done.” 

Because the group permit allowed for large-scale efficiency, contractors gave the Greenwood Avenue residents discounted rates for the work. 

“If you can team up, you’re going to win on every level. Everybody is happy; our block is stronger,” Kuglen said. “This is Oakland helping Oakland.” 

The Greenwood Avenue experiment is the first time the city of Oakland has issued this type of group permit, and officials say they are pleased with the endeavor. 

“This was actually the first time, although this was in the plans," Shaff said. “It speaks to the whole idea of everybody pulling together and doing something.”

The success of the Greenwood Avenue model makes group permits a viable - even desirable - option for future repair projects.

“People taking an interest in their infrastructure and our infrastructure makes all the difference in the world,” Shaff said. "People have been disengaged for a long time.

"Once people participate in something, they’re engaged a little bit and they become more knowledgeable. Then they become more able to make the decisions that we need our citizens to make. It’s also just about camaraderie and civic pride.” 

 

Vanessa wants to be a journalist.

On the other hand, there is no clear reference to the law requiring property owners to pay for sidewalk repair and, despite what the article portrays, this is not normal practice around Alameda County cities.  Keeping an area clean is certainly a responsibility of property/business owners.  Sidewalk repair belongs to those that own the sidewalk, not those who pay their lawyers the most to push off the responsibility.

In my opinion, this is one more example of a city of oakland snooker of public trust.  If the courts thought the responsiblity lie with the property owners, why do all the law suits name the party who owns and maintains the sidewalks and why do the plaintiffs prevail?  These property owners may have, alternatively, hired a lawyers and fought the legal basis for the city's "routine" notice.

Finally, the result is that one neighborhood got special treatment while other neighborhoods hit with the exact same junket, but lacking in that special team spirit (and money for the cost of sidewalk repair) of this particular neighborhood, have paid more for the same service.  Either way, the city falsely portrays the responsiblity for sidewalk repair as that of taxpaying property owners and not the city itself.  Certainly funds are already being collected: LLAD, etc.

For a list of suits against the City of Oakland for bodiliy injury due to damaged city sidewalks, please visit auditoaklandceda dot com.

 

 

See California Streets and Highways Code Section 5610-5618 and Oakland Municiple Code section 12.04.020

5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.

5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.

 

Oakland Municiple Code 12.04.020:

Whenever any portion of any street, lane, alley, court or place in the city, or any sidewalk constructed thereon, according to law, shall be out of repair and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, it shall be the duty of the Superintendent of Streets/Director of Public Works of said city to require, by notice in writing, to be delivered to them personally, or left on the premises, the owners or occupants of lots or portions of lots, fronting on said portions of said street, lane, alley, court or place, or of said portion of said walk, so out of repair as aforesaid, to repair forthwith said portion of said street, lane, alley, court or place to the center thereof, or said sidewalk in front of the property of which he or she is the owner or tenant or occupant, specifying in said notice what repairs are required to be made.

It is unlawful for said owner or tenant or occupant of said lots, or portion of said lots, to neglect or refuse for the period of three days from the date of the service of the aforesaid notice, to make said repairs, and diligently and without interruption to prosecute the same to completion.

Have made initial efforts to get the City to allow residents to do pay for street speed bump installation and signage, if the bump and sign placement met the city's standards and passed an inspection.

This differs from  the sidewalk situation where it is often legally unclear whether the city or the resident is responsible especially where there is tree damage because the city does not keep adequate records of trees (and why the heck should that matter anyway?) but the city is the one with lawyers on the payroll.

Didn't matter to the City. If it couldn't overpay its own workers and contractors to install speed bumps, then residents could not be allowed to do it for less.

I don't think it has occurred to our officials that the fat times are gone and they better adapt to it  or get voted out.

But then if you had a city position and were anywhere close to retiring on a pension that paid more than most residents make in full time employment, you'd put up with a lot of unhappy residents.