Chapter 12.15
SIDEWALK CONSTRUCTION

Sections:

12.15.010    Definition of “sidewalk.”

12.15.020    Repair of sidewalks.

12.15.030    Liability for sidewalk injuries.

12.15.040    Standards and specifications.

12.15.050    Submission of plans.

12.15.060    Supervision of work.

12.15.070    Notice to construct, alter, or repair sidewalk.

12.15.080    City may construct, alter, or repair sidewalk.

12.15.090    Assessment for sidewalk work done by city.

12.15.100    Sidewalk construction requested by the property owner.

12.15.110    Penalty.

12.15.010 Definition of “sidewalk.”

“Sidewalk” means the part of the street right-of-way between the curblines or the lateral lines of a roadway and the adjacent property lines, and includes a culvert located in a part of the street. [Ord. 662 § 1, 1988]

12.15.020 Repair of sidewalks.

The owner of land abutting a sidewalk shall maintain it in good repair and safe condition. [Ord. 662 § 2, 1988]

12.15.030 Liability for sidewalk injuries.

(1) 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.

(2) The city shall have no liability for injury to person(s) or damage to property resulting directly or indirectly from failure by an abutting or adjoining property owner to maintain sidewalks in good repair and safe condition, including removal of snow and ice. However, if the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the amount of the damages thus paid, and for the attorney fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. [Ord. 662 § 3, 1988]

12.15.040 Standards and specifications.

Sidewalks shall be constructed, altered, and repaired in accordance with standards and specifications determined by the public works director. [Ord. 662 § 4, 1988]

12.15.050 Submission of plans.

No person shall construct, alter, or repair a sidewalk without first submitting the plans and specifications for the proposed work and obtaining a permit. The application for a permit shall be made to the city clerk or city manager. The city clerk or manager may issue a permit for the proposed work upon finding that the plan conforms with the applicable standards and specifications. [Ord. 662 § 5, 1988]

12.15.060 Supervision of work.

The construction, alteration, or repair of sidewalks shall be under the supervision of the public works director. The public works director may inspect materials and construction details as in the public works director’s judgment may be necessary to ensure compliance with the plans and the applicable standards and specifications. [Ord. 662 § 6, 1988]

12.15.070 Notice to construct, alter, or repair sidewalk.

(1) When the council determines that a sidewalk needs construction, alteration, or repair, it shall by resolution direct the city clerk or manager to issue a notice.

(2) The notice shall require the owner of the property abutting the sidewalk to complete the work within 60 days after service of notice. The notice shall also state that if the work is not completed by the owner within the 60 days, the city may complete it and assess the cost against the property abutting the sidewalk.

(3) The city clerk or manager shall cause a copy of the notice to be served personally upon the owner of the property abutting the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the city clerk or manager shall cause a copy of the notice to be posted in conspicuous place on the property, and the posting shall be considered to have the same effect as personal service of notice upon the owner of the property.

(4) The person serving the notice shall file with the city clerk or manager a return of service, reciting the time, place, and manner of service. [Ord. 662 § 7, 1988]

12.15.080 City may construct, alter, or repair sidewalk.

If the sidewalk alteration or repair is not completed within 60 days after service of the notice, the public works director shall complete it if so directed by the council. Upon completion of a project, the public works director shall submit a report to the council containing an itemized statement of costs. [Ord. 662 § 8, 1988]

12.15.090 Assessment for sidewalk work done by city.

Upon receipt of the report, the council, by ordinance, shall assess the cost of the work against the property abutting the sidewalk. The assessment shall be a lien against the property and may be levied and collected in the same manner as is provided for in the city’s general ordinance regarding local improvement assessment procedures. [Ord. 662 § 9, 1988]

12.15.100 Sidewalk construction requested by the property owner.

If a property owner petitions the council for an order to build a sidewalk on the part of the street abutting on his or her property, agrees to pay cash    or to make application to pay the cost in installments as provided by the Bancroft Bonding Act, ORS 223.205, waives the right of service and publication of notice of construction, and consents to the assessment of the property upon which the sidewalk abuts, the council may order the construction of the sidewalk, if in its judgment the sidewalk should be built. [Ord. 662 § 10, 1988]

12.15.110 Penalty.

Violation of this chapter is punishable by a fine not to exceed $500.00. Each day’s violation of a provision of this chapter shall constitute a separate punishable offense. [Ord. 662 § 11, 1988]