December 2011 Update:
This article contains information on:
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Sidewalk issues in Barrington Heights
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Homeowner’s responsibility and City requirements
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What Barrington Heights Homeowners Association has done
to-date
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Suggestions & process for fixing sidewalks
1. Current sidewalk repairs in Barrington Heights are estimated
to cost homeowners more than $100,000!
Many homeowners in Barrington Heights are facing the problem
of needing to replace damaged sidewalks...and many others have already had
to deal with this problem on their own. We are all required to maintain the
sidewalks on our property, and keep them in good repair according to City of
West Linn ordinances. As many of us have found, the planting areas between
the sidewalks and the curb are too narrow for the types of street trees that
were originally planted there. As a result, tree roots have caused sidewalks
to crack throughout the neighborhood...especially in the older phases with
more mature trees. Repairs are at the homeowner’s expense. To get a handle
on this problem, and see what the options were for homeowners, members of
the Board met with City officials at the end of April 2010.
We discovered that many areas of West Linn had a similar
problem, but that the City had not found a way to deal with it because of
the cost. In fact, many other cities are having the same problem. To assess
the problem, City Officials and Board members walked all sidewalks in
Barrington Heights to identify problem sidewalks, both broken sidewalks, and
sidewalks beginning to be displaced by tree roots. A report was compiled by
Sam Foxworthy at the City and reviewed at the June 9 Board Meeting.
Highlights are:
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Sidewalk problems were found in 101 locations.
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Approximately 7000 square feet of sidewalk will probably need
to be replaced at some point in these locations.
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Using an average replacement cost of $12 to $20 per square
foot (from the experience in other cities), the cost of sidewalk replacement
is estimated at $84,000 to $140,000.
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In addition to these costs, there may be additional costs to
cut tree roots, grind stumps and replace trees, as well as possible unknown
damage to utilities and irrigation systems.
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The report documents can be found in the “Documents” box at
the upper left of this page. By reading these documents, you can find out
whether any identified problems are on your property.
2. Homeowner’s Responsibility and City Requirements
According to the Sidewalk Ordinance of the City of West Linn
(see link at top left of this page), “it is the duty of the owner of land
abutting a sidewalk to maintain the sidewalk in good repair and safe
condition.” Further, “the owner of real property abutting a sidewalk is
liable to any person injured because of failure by the owner to maintain the
sidewalk in good repair or safe condition.” Any repair to the sidewalk
requires a public works permit and must be done to the standards set by the
City. The City can require a homeowner to make repairs, but usually only
does so if it receives a complaint. Note that the City is very aware that
this is a major issue in West Linn, and around the country, and that it is
often caused by street trees.
3. What Barrington Heights Homeowner’s Association has done
to-date
Members of the Association met with the City and participated
in the review of sidewalks in Barrington Heights. The Board also coordinated
a pilot project to help homeowners address their sidewalk issues in the Fall
of 2011. The Association is providing the information on this page,
including the process below, to assist homeowners. The Board also worked
with the City of West Linn to come up with a new set of street tree
varieties that are less likely to cause sidewalk problems in the future.
(See link to “Street Trees” under Hot Topics on the Home Page.)
4. Suggestions and Process for Fixing Sidewalks
a. Assessment: The most common problems are either
cracked sidewalks or displaced panels (i.e. one panel is higher than the one
next to it). If the displacement is less than 1”, the City may allow the
higher panel to be ground down, which is cheaper than actual replacement. If
street trees are causing the problem, a tree expert may need to be consulted
to prevent the issue from recurring. Note that smaller roots can sometimes
be pruned, but the City Arborist will need to be consulted to avoid damaging
the tree. In severe cases, the City Arborist may approve removal of the
tree. Also note that the City sometimes will approve “curving” the
replacement sidewalk to save the tree. Assessing the cause of the problem
and the best solution can help avoid further sidewalk work in the near
future.
b. Contracting: The City requires that licensed
contractors be used on sidewalk repairs. If you know other homeowners who
need repairs at the same time, consider working together since there is
often a minimum charge for concrete (approximately enough for 10 sidewalk
panels) and volume discounts are common. The Association cannot recommend
individual contractors but may be able to steer you to homeowners who have
been satisfied in the past.
c. City Permits: A public works permit will need to be
obtained. The form Is available at City Hall or online at the Public Works
website for the City of West Linn. A sample completed and approved permit
application is contained on the sidebar at the left of this page. If
tree work is required, you will need to contact the City Arborist for
approval.
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Note that the permit application is incomplete unless it is
accompanied by a diagram of the location of the sidewalk panels being
replaced. The diagram is needed by the inspector who will visit the property
and determine specific requirements for the site.
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Alternatively, it may be sufficient to provide a clear,
verbal description such as: “Replace the 3rd & 4th sidewalk panel located to
the left of the driveway.”
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Note that there is a fee for the permit. The City will
routinely waive this fee, if requested, when the request is to fix an unsafe
sidewalk.The permit application should be filed at least two-weeks before
starting the project, and longer if tree work is required.
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The approved permit will contain specifications of City
requirements that will need to be given to the contractor.
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The approved application will contain instructions for the
Contractor to call the City a day before the project start date to arrange
for inspections. Note that inspections do not occur on Fridays (at this
writing).
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Overall, the permit process is not difficult and can be
handled by email or with a visit to City Hall.
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