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Sidewalk Safety

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1. Are City-performed sidewalk repairs guaranteed?

If you hire the City to replace a section of your sidewalk which is raised because of a street tree, the City offers the current property owner a one-time like repair at no charge to you as the property owner, if additional work is needed again at that same location and because of that same street tree. This guarantee is only valid for one repair and is non-transferrable to a subsequent property owner.

This same guarantee does not apply if the City performs repairs stemming from a private tree or performs other sidewalk work. The City does not guarantee any repairs made by property owners or private contractors because the City does not know the quality of the workmanship or whether appropriate steps have been taken to prevent future damage. If the City is hired to grind a sidewalk, the City will perform one additional grind at that location free of charge. However, if the sidewalk continues to raise it becomes the property owner's responsibility to arrange and pay for replacement.

2. Are there standards for repairing or constructing sidewalks?

Yes. Even if a permit is not required, you or your contractor must comply with Eugene’s sidewalk construction standards. Generally, the concrete must be at least four inches deep (five inches at driveway crossings), the base must be properly compacted base, the surface must have an approved brushed or architectural finish, and the walk must be built at the proper grades.

For more detailed information about sidewalk repair and construction standards, call Public Works Maintenance at 541-682-4800.

3. Do I need a permit to do sidewalk repairs?

Generally, a permit is not required if less than 30 feet of sidewalk is being repaired or constructed. If you are constructing more than 30 feet of sidewalk, call the City’s Permit and Information Center at 541-682-5086 for information on permits.

4. If a street tree’s roots are damaging my sidewalk, can I remove the tree or cut the roots?

No. Trees adjacent to sidewalks may be city property. If tree roots are cracking or heaving sidewalk sections, call Public Work Maintenance at 541-682-4800. The sidewalk inspector or urban forestry staff can determine if the tree is owned by the city and offer suggestions for mitigating the problem.

Options may include permission to cut small roots, placing root barriers or cushions under the sidewalk, realigning the sidewalk to avoid the root area, or changing the grade of the sidewalk slightly. Please note that grade changes can only be made with the approval of the City’s sidewalk inspector.

5. What authority does the City have to require that property owners fix deficient sidewalks?

According to Eugene Code, section 7.375, "the owner of land abutting a sidewalk shall maintain the sidewalk and driveway approaches in good repair and safe condition."

6. What if there are utilities under the section of sidewalk that needs to be repaired?

If you or a private contractor repairs your sidewalk, it is your responsibility to notify any utilities that have lines in that area. At least two days before digging, call the Oregon Utility Notification Center at 1-800-332-2344. If you have questions about how underground utilities may affect your sidewalk, call the appropriate utility company.

7. What is the City’s Safe Sidewalks Target?

This is a reminder that citizens are responsible for maintaining the sidewalk in front of their houses, and citizens can be held liable if someone is injured on the sidewalk, as explained in Eugene City Code:

7.375 Sidewalks, Curbs and Access Connections - Owner's Responsibility to Maintain.

1. The owner of land abutting a sidewalk shall maintain the sidewalk and curb in good repair and safe condition. Access connection(s) shall be maintained in good repair and safe condition by the owner of land served by the access connection(s).
   
2. The owner shall be liable for injury, damage or loss to person or property caused by the owner's negligent failure to comply with subsection (1) of this section.
   
3. The city shall not be liable for injury, damage or loss to any person or property caused in whole or in part by the defective or dangerous condition of any sidewalk, curb or access connection.
   
4. The city engineer may serve notice on the owner to reconstruct or repair the abutting or adjoining sidewalk, curb or access connection as conditions may require. A notice to reconstruct or repair and the owner's duty to repair shall be governed by sections 7.152 to 7.154 of this code.
   
5. Neither the duty of the owner to maintain the sidewalk, curb and access connection in good repair and safe condition, nor liability for owner's failure to do so is dependent upon the notice from the city to reconstruct or repair.
   
6. The owner shall defend and hold harmless the city from all claims for loss or damage arising from the owner's failure to comply with subsection 7.375(1).

City officials interpret section 7.375 to mean that property owners should keep sidewalks clear of ice, snow, leaves and other things that could cause someone to fall.