Chapter 12.04
SIDEWALK MAINTENANCE, REPAIR AND CONSTRUCTION
Sections:
12.04.020 Property owner’s responsibility.
12.04.030 Liability and expense.
12.04.035 Inspection and review.
12.04.040 Notice by public works director.
12.04.100 Assessment deemed lien.
12.04.010 Definitions.
Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section.
A. “Abutting property” includes all property having a frontage upon the margin of any street or other public place.
B. “Sidewalk” includes any structure or form of street improvement in the space between the street margin and the roadway known as the sidewalk area. [Ord. 2005-05 § 2, 2005].
12.04.020 Property owner’s responsibility.
It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain said sidewalk at all times in a safe condition free of any and all obstructions or defects including, but not limited to, ice and snow. [Ord. 2005-05 § 2, 2005].
12.04.030 Liability and expense.
The burden and expense of constructing, maintaining, and repairing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. In case any injury or damage to any person shall be caused by the defective condition of any sidewalk or by ice or snow thereon or by the lack of proper guards or railings on or along the property abutting on any public way, the abutting property where the injury or damage occurs, and the owner or owners thereof, shall be liable to the city for all damages, injuries, costs and disbursements which it may be required to pay to the person injured or damaged. [Ord. 2005-05 § 2, 2005].
12.04.035 Inspection and review.
The city of Castle Rock requires that there be an inspection and review of the condition of sidewalks within the city of Castle Rock on a regular basis. The public works director shall determine the frequency of such inspection and review of the sidewalks. The policy regarding the inspection and the frequency of said inspection shall be in writing, available to the public and subject to amendment and review by the public works director. Further, the public works director will develop policies regarding the manner of correcting, repairing, and/or installing sidewalks in addition to the procedures detailed in CRMC 12.04.040 and 12.04.100. [Ord. 2005-05 § 2, 2005].
12.04.040 Notice by public works director.
Should the public works director determine that public convenience or safety requires that an existing sidewalk be repaired or replaced on any street, he shall provide written notice to the landowner or abutting landowner which shall:
A. Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is in need of repair or replacement;
B. Indicate the type of sidewalk repair or replacement that is required, including its size and dimension and the methods and materials to be used in the construction or repair;
C. State that unless the sidewalk is constructed or repaired in compliance with the notice and within a reasonable time therein specified, the city will construct or repair the sidewalk and assess the costs and expenses thereof against the abutting property described in said notice. [Ord. 2005-05 § 2, 2005].
12.04.100 Assessment deemed lien.
Upon completion of the construction or repair by the city of Castle Rock, the actual costs of said construction or repair shall be reduced to writing and served upon the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners, as provided in CRMC 12.04.040. Costs of said construction or repair shall be proportionately assessed against each parcel of such land that is affected on a square footage basis. Said notice shall provide that the owner of each parcel of land affected may request a hearing before the city of Castle Rock’s hearing officer to contest the costs included in said assessment. Said request for a hearing must be made in writing within two weeks of the date of said notice. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of the assessment thereon. [Ord. 2005-05 § 2, 2005].
12.04.110 Effect of chapter.
This chapter shall not be construed as repealing or amending any provision relating to the improvements of streets or public ways by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and ancillary thereto. [Ord. 2005-05 § 2, 2005].