Chapter 12.16
SIDEWALKS
Sections:
12.16.010 Owner responsibility.
12.16.020 Notice to construct or reconstruct – Contents.
12.16.030 Hazardous conditions on public street right-of-way.
12.16.040 Property owner liability.
12.16.060 Violation – Penalty.
12.16.010 Owner responsibility.
A. Whenever a portion, not longer than one block in length, of any street (“street,” as used in this chapter, includes any boulevard, avenue, street, alley, way, lane, square or place) is not improved by the construction of a sidewalk (“sidewalk,” as used in this chapter, includes any and all structures or forms of street improvement included in the space between the street margin and the roadway), or the sidewalk has become unfit or unsafe for the purposes of public travel and the street adjacent to both ends of such portion is so improved and in good repair and the city council by resolution approved after a public meeting held to consider such condition finds that the improvement of such portion by the construction or reconstruction of a sidewalk is necessary for the public safety and convenience, the duty, burden and expense of constructing or reconstructing the sidewalk shall devolve upon the property directly abutting upon such portion (“property directly abutting” or “abutting property,” as used in this chapter, is all property having a frontage upon the sides or margins of such portion).
B. Such abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for the purpose of general taxation. (Ord. 518, 1988)
12.16.020 Notice to construct or reconstruct – Contents.
A. Whenever the city council has adopted such resolution, it shall serve notice on the owner of the property directly abutting the portion of the street. The notice shall instruct the owner to construct or reconstruct a sidewalk in accordance with plans and specifications which shall be attached to such notice.
B. Notice shall be served by delivering it in person to the owner or leaving it at his home with a person of suitable age and discretion residing there, or with an agent of the owner, authorized to collect rentals on such property. If the owner is a nonresident of the state, a copy shall be mailed to his last known address, or if such owner is unknown or if his address is unknown, then a copy shall be posted in a conspicuous place on such portion of the street where such improvement is to be made.
C. The notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the improvement within such the city will proceed to make the improvement and at a subsequent date, to be definitely stated in such notice, the public works director will report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved, the cost of such improvement, the name of the owner, if known, and that the city council at the time stated in the notice or at the time or times to which the same may be adjourned will hear any and all protests against the proposed assessment.
D. Upon the expiration of the time fixed with which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the city may proceed to perform such work and shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved, the cost of such work, and the name of the owner, if known. The city council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such improvement against the property and shall fix the time and manner for payment.
E. The assessment shall become a lien upon the property and shall be collected in the manner provided by law for collection of local improvement assessments under RCW Title 35. (Ord. 518, 1988)
12.16.030 Hazardous conditions on public street right-of-way.
It is unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street, right-of-way or alley in the city to construct, place, cause, create, maintain or permit to remain upon any part of such right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of the right-of-way by members of the general public including, but not limited to, the following conditions:
A. Defective sidewalk surface including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints;
B. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between the cement surfaces and the public sidewalks, including stub-toes or depressions at the junction;
C. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of such street right-of-way;
D. Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way;
E. Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
F. Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
G. Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease or any other foreign subject matter that may cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
H. Defective handrails or fences or other similar structures within or immediately adjacent to such right-of-way areas. (Ord. 518, 1988)
12.16.040 Property owner liability.
A. In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalks as specified, or by the presence or accumulation of ice or snow, or by lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable, including liability to the city for all damage, injury costs and disbursements including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged.
B. Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side, the duty and expense of the maintenance, cleaning, repair and renewal of the sidewalk, including the erection or maintenance of suitable barriers along the outer margin of the sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the abutting property. All such repairs shall be made after application for an issuance of a proper street excavation permit as required by law, and all of such work shall be duly inspected and approved by the services director or his designee. (Ord. 518, 1988)
12.16.050 Permit required.
Any person desiring to change or relocate any sidewalk in front of and abutting his property shall make application in writing to the public works director of the city and such application shall contain, among other things, the exact location of such proposed change or relocation, the location and design of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street. No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit. (Ord. 518, 1988)
12.16.060 Violation – Penalty.
Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003; Ord. 518, 1988)