Chapter 12.05
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.05.020 Maintenance of sidewalks.
12.05.030 Liability for sidewalk injuries.
12.05.040 Standards and specifications.
12.05.050 Notice to alter or repair sidewalk.
12.05.055 Dispute responsibilities.
12.05.060 City may alter or repair sidewalk.
12.05.070 Assessment for sidewalk work done by City.
12.05.080 Lien docket – Interest.
12.05.010 Definitions.
As used in this chapter, the following mean:
“Safe condition” includes being free of snow, ice, or any obstruction.
“Sidewalk” means the part of the street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines, and includes any culvert located in such part of the street. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 1, 1995.]
12.05.020 Maintenance of sidewalks.
The owner of land abutting a sidewalk shall maintain the sidewalk in good repair and safe condition. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 2, 1995.]
12.05.030 Liability for sidewalk injuries.
The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair or safe condition. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 3, 1995.]
12.05.040 Standards and specifications.
Sidewalks shall be constructed, altered, and repaired in accordance with standards and specifications determined by the City. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 4, 1995.]
12.05.050 Notice to alter or repair sidewalk.
1. When the Public Works Director or his designee determines that a sidewalk needs alteration or repair, a notice shall be issued to the property owner.
2. The notice shall:
a. Require the owner of the property abutting the sidewalk to complete the work within 30 days after service of notice;
b. State that if the work is not completed in 30 days, the City may complete it and assess the cost against the property abutting the sidewalk; and
c. Shall include a copy of a typical concrete sidewalk construction detail. [Ord. 926 § 1 (Exh. A), 2014; Ord. 906 § 1, 2012; Ord. 680 § 5, 1995.]
12.05.055 Dispute responsibilities.
The property owner may contest the responsibility to make repairs or alteration by submitting a written protest to the City Recorder within 10 days of receiving the notice. The protest shall state the reason the property owner disputes their responsibility. The City Council shall review the protest and make a determination on the protest. [Ord. 926 § 1 (Exh. A), 2014.]
12.05.060 City may alter or repair sidewalk.
If the sidewalk alteration or repair is not completed within 30 days after service of the notice, the City may have the repairs or alterations completed by an Oregon certified and licensed contractor. Upon completion of such a project, the City Recorder shall submit a report to the Council containing an itemized statement of costs. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 6, 1995.]
12.05.070 Assessment for sidewalk work done by City.
Upon receipt of the report, the Council shall assess the cost of the work against the property adjacent to 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 the collection of assessments for local improvements. The lien shall be superior and prior to all other liens or encumbrances on the property insofar as the laws of the State permit. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 7, 1995.]
12.05.080 Lien docket – Interest.
The Recorder shall maintain a repair lien docket and enter all liens provided for in HMC 12.05.070. The liens shall bear interest at the interest rate as set by resolution by the City Council, beginning 15 days after the date that notice of assessment is mailed. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 8, 1995.]
12.05.090 Penalty.
Violation of a provision of this chapter is punishable by a fine not to exceed $500.00. Each day’s violation shall constitute a separate punishable offense. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 9, 1995.]
12.05.100 Severability.
The sections and subsections of this chapter are severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. [Ord. 926 § 1 (Exh. A), 2014; Ord. 680 § 11, 1995.]