Chapter 12.10
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.10.020 Construction of sidewalks.
12.10.030 Standards for public works construction in the city of Rogue River.
12.10.040 Permit for sidewalk work.
12.10.050 Sidewalk construction requested by the property owner.
12.10.060 Owners to maintain sidewalks.
12.10.070 Notice to repair or make alterations.
12.10.080 City to repair or make alterations.
12.10.090 Repair by the city – Assessment of costs.
12.10.100 Notice of sidewalk repair.
12.10.010 Purpose.
The purpose of this chapter is to regulate the construction, alteration, maintenance and repair of sidewalks throughout the city of Rogue River, Oregon. [Ord. 07-343-O § 1].
12.10.020 Construction of sidewalks.
Sidewalks constructed to current standards shall be required along the street frontage of all building sites. Where a building site fronts an unimproved street, the requirement may be deferred if the adjacent property does not have existing sidewalks. All proposed building sites, including all single-family residences, along arterial streets shall have sidewalks. Industrial parks are not required to have sidewalks, except along arterial streets. [Ord. 07-343-O § 2].
12.10.030 Standards for public works construction in the city of Rogue River.
Except as otherwise provided by ordinance, the following are hereby adopted as the minimum design, construction and repair standards for all streets, sidewalks, driveways, storm drain facilities, street lighting, and other public facilities in the city:
A. The most recent edition of the “Oregon Standard Specification for Construction,” published by Oregon Chapter of the American Public Works Association and Oregon Department of Transportation;
B. The most recent edition of the “Oregon Standard Drawings,” published by Oregon Chapter of the American Public Works Association and Oregon Department of Transportation. [Ord. 23-418-O § 46; Ord. 07-343-O § 3].
12.10.040 Permit for sidewalk work.
A. Before beginning sidewalk construction, reconstruction or repair, an application shall be submitted to the city for an encroachment permit. If the proposed sidewalk conforms to the provisions of RRMC 12.10.030, the city shall issue the encroachment permit upon payment of the appropriate permit fee.
B. No person shall construct, alter or repair a sidewalk within the city without first making application for a permit and submitting the plans and specifications for the proposed work. Said application shall be made to the city, and all applicable standards and specifications established under RRMC 12.10.030 shall be met by said plans, and thereafter the public works director may issue a permit for the proposed work. [Ord. 07-343-O § 4].
12.10.050 Sidewalk construction requested by the property owner.
Upon the petition and request of a property owner, the city council may order the construction of a requested sidewalk on the following conditions:
A. The city council determines that the sidewalk construction is in the public interest;
B. The property owner pays the costs of construction or makes application to pay the costs in installments as provided by the Bancroft Bonding Act (ORS 223.205 through 223.300);
C. The property owner waives the right to service and publication of notice; and
D. The property owner consents to the assessment of owner’s property abutting the sidewalk. [Ord. 07-343-O § 5].
12.10.060 Owners to maintain sidewalks.
The owners of property within the city limits shall inspect and maintain all sidewalks adjacent their property in a condition safe for use by the public at all times. If any property owner by their neglect to perform any duty required of them by this section causes injury or damage to any person or property, they shall be liable to the person suffering such injury or damage and shall indemnify the city for all damages it has been compelled to pay in such case. Such damages may be collected in a civil action against the property owner. [Ord. 07-343-O § 6].
12.10.070 Notice to repair or make alterations.
A. If the city council determines that a sidewalk is in disrepair or in an unsafe or hazardous condition for public use, the city council may direct the city administrator to notice the property owner(s) adjacent the sidewalk to acquire a permit and repair the sidewalk to city standards within 60 days, or the city will repair the sidewalk and assess the cost of the repair against the property adjacent to the sidewalk.
B. The city administrator shall cause a copy of the notice described in subsection (A) of this section to be:
1. Served personally upon the property owner adjacent to the sidewalk; or
2. Served by registered or certified mail, return receipt requested; or
3. If after diligent search the owner is not discovered, the city administrator shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the property owner.
C. The person serving the notice shall file with the city administrator a statement stating the time, place and manner of service of notice.
D. If it is determined that a sidewalk is in an unsafe or hazardous condition, the city administrator shall cause the sidewalk to be closed for public use. [Ord. 07-343-O § 7].
12.10.080 City to repair or make alterations.
If the sidewalk repair or alteration is not completed by the property owner within 60 days after service of the notice:
A. The city council shall, by resolution, provide for notice to be given to the property owner abutting the sidewalk to show cause, at a regular meeting of the city council, why the sidewalk should not be repaired by the city and the cost assessed to the property adjacent the sidewalk.
B. Notice of the hearing shall be given by mail to the property owner(s) affected. The notice shall be mailed not less than 15 days prior to the day of the hearing. The notice shall also be published in one issue of a newspaper of general circulation in the city not less than 10 days prior to the day of the hearing.
C. The notice of the hearing required under subsection (B) of this section shall contain a description of the real property adjacent the defective sidewalk(s), the name(s) of the owner(s) of the real property, the time and place of the hearing, and the matter to be determined at the hearing. [Ord. 07-343-O § 8].
12.10.090 Repair by the city – Assessment of costs.
After the hearing, if the city council finds the city must repair the sidewalk(s), the cost, including engineering and advertising costs, shall be assessed to the property adjacent the sidewalk(s). An assessment so made constitutes a lien upon the adjacent property and shall be entered in the docket of city liens. The lien shall bear interest at the prevailing interest rate, and shall be payable upon the passage of a resolution levying the assessment. [Ord. 07-343-O § 9].
12.10.100 Notice of sidewalk repair.
A. When the city council, by resolution, requires the repair of a sidewalk, the city administrator shall notify the property owner(s) adjacent the sidewalk by giving written notice stating:
1. A description of the property adjacent the sidewalk to be repaired;
2. The number of the resolution ordering the repair;
3. That if the owner does not properly repair the sidewalk within 60 days, it will be repaired by the city;
4. The costs to repair the sidewalk, if repaired by the city, will be assessed to the adjacent property.
B. The city administrator shall cause a copy of the notice described in subsection (A) of this section to be:
1. Served personally upon the property owner adjacent to the sidewalk; or
2. Served by registered or certified mail, return receipt requested; or
3. If after diligent search the owner is not discovered, the city administrator shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the property owner.
C. The person serving the notice shall file with the city administrator a statement stating the time, place and manner of service of notice.
D. Failure of the city to take action under RRMC 12.10.070 and 12.10.090 shall not relieve the property owner under RRMC 12.10.060.
E. By adopting this chapter, the city does not intend to undertake any obligation to inspect and repair sidewalks as such is the obligation of the adjacent property owner. [Ord. 07-343-O § 10].
12.10.110 Penalty.
Violation of this chapter is punishable by a fine not to exceed $1,000. Each day’s violation of a provision of this chapter shall constitute a separate offense. [Ord. 23-418-O § 47; Ord. 07-343-O § 11].