The one hundred thousand strong group of Los Angeles County businesses, known as BizFEd, join SRAR REALTORS to express their strong opposition to the Point of Sale Sidewalk Repair Program C.F. 05-1853. Along with thousands of other business owners, leaders, and property owners throughout Los Angeles they support the adequate funding of infrastructure repair by the city and the funding of the voluntary 50/50 program and expand it to commercial property as well as residential.

As an important decision maker on this issue, it is imperative that the city remove, from any consideration, the proposal that would shift liability and responsibility for sidewalk repair to the property or business owner. This is not a viable solution to the problem we all face of having 4,600 miles of broken, dangerous sidewalks throughout the city. This outrageous proposal could easily cost the average home owner $7,000.

In light of three record years of property tax revenues and Prop. S the voluntary "50/50 program" has been under funded as has sidewalk repair. Liability issues cost the city millions of dollars a year, once the liability is on the owner, insurance premiums would rise unless sidewalks were repaired at renewal.

Forcing sidewalk repairs at the "point of sale" - which is impractical on its face, especially with many home owners already distressed and cash strapped, the time needed to make repairs, and considering today's slow pace of sales - is a piece-meal approach that will continue to endanger the public.

We support a voluntary sidewalk public safety program, one which would see all dangerous sidewalks repaired, with the cost and legal liability remaining with the city. Repair costs possibly shared, but only if property owners voluntarily approve a comprehensive program.

We urge the city not to let this Point Of Sale Sidewalk Repair Program see the light of day. Please seek to find alternative solutions that do not shift this high burden to the property owners.

Public Works committee: Chair Hon. Bill Rosendahl 1213 473 7011, Hon.Creig Smith 213 473 7012 , Hon. Richard Alarcon 213 473 7007

The idea of adding expense to fix broken sidewalks when a home is sold is full of holes: these days, many home sellers are getting little oo no cash out; it would delay escrow closing when many are trying to sell to avoid foreclosure; money paid to the city would not be segregated in separate fund, thus making it likely that it never would be used for the purpose collected and, as result, would perpetuate the problem; there is no clear process and no way to implement; it does nothing about the potentially more dangerous sidewalk next door that in front of a home that is not for sale; since there are not enough inspectors or sidewalk repair workers available now, who will do the work and how will they be paid for. The list of reasons why it's a bad idea to try to fix broken sidewalks when a home is being sold just goes on, and on, and on.

Lynn

To address a repair backlog, the L.A. council studies charging homeowners when property sells.

By David Zahniser, Los Angeles Times Staff Writer
February 21, 2008

Faced with more than 4,000 miles of broken sidewalks and scarce money to make repairs, Los Angeles officials are weighing a proposal to put responsibility for making the fixes squarely on homeowners.

Under the proposal, homeowners would be forced to replace the damaged pavement -- or pay the city a fee -- when they sell their property, before the close of escrow.

The City Council's Public Works Committee got its first look Wednesday at the "point of sale" plan, which could cost the average homeowner as much as $15 for each square foot of sidewalk, and dramatically shift the burden for such repairs from city government to the private sector.

A real estate professional wrote to say: "This sidewalk issue is one of the most crazy ideas I have heard. Some owners may not even have the money left over to pay for this. This is crazy."

Shawn

After more than three decades of letting a problem spiral out of control, the City of Los Angeles is considering forcing home sellers to repair unsafe, broken sidewalks before a home sale can close escrow - known as a "Point of Sale" ordinance.

It is inconceivable that the City wants to impose sidewalk repairs at a time when home sales are greatly reduced and many home owners are struggling to save their home from foreclosure.

It's insensitive and beyond belief that anyone - even big city bureaucrats - could think that ordering sidewalk repairs at a point of sale makes any sense, especially when elected officials from the President and Governor on down are implementing plans to rescue beleaguered home owners.

The organizations that have joined the coalition include: the Southland Regional Association of Realtors, serving the San Fernando Valley; the Consolidated Board of Realtist, covering three Council districts in South Los Angeles; the California Association of Real Estate Brokers, serving the entire state; and the Los Angeles County Board of Realtors, a coalition of Associations of Realtors throughout Los Angeles County.

Despite zero evidence that widespread public safety issues will be eliminated, a task force convened by the Bureau of Street Services at the behest of the Los Angeles City Council has issued its initial report urging the city to adopt an ordinance requiring broken sidewalks be fixed when a home is sold. This is merely a first step on the part of the city to wash its hands of any responsibility for a problem that has been festering for 35 years and yields $3 million annual in settlements caused by trips and falls from broken sidewalks. The task force's full report is found under the "City Reports/Ordinances" button to the left.

The city will soon consider an ordinance requiring repair of broke sidewalks when a home is sold. This will not solve the problem. Instead, it will jeopardize home sales, bog down escrows forever, and leave all residents still at risk.

The Realtors "Broken Sidewalks Campaign" aims to identify serious risks citywide, prod elected leaders to elevate this issue to a more urgent status, and support measures that will solve the problem, rather than merely serve as inadequate Band-Aids.

With the percentage of broken sidewalks approaching 50 percent, action is needed before it spirals further out of control. This is a "livable neighborhoods" issue that is supported by many Neighborhood Councils citywide. Just like the police urban initiative known as "Broken Windows," a broken sidewalk often is the first warning sign of a neighborhood in decline. Failing to act undermines property values and threatens the stability of entire neighborhoods.

Realtors are urged to contact City Councilmembers to stress the need for citywide action and to object to any ordinance that would impose a point of sale requirement.

Realtors also are urged to contact homeowners within their farm territories to educate them about this problem and have owners report broken sidewalks to the city (818-374-6857).

Realtors can give all property owners a copy of an informational brochure available on-line at www.srar.com or LASidewalks.org, collect information, take photographs of locations with broken sidewalks that pose serious public safety issues and use on-line resources to aid this campaign.