Chapter 11.16
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
11.16.010 Plan for construction of sidewalk required.
11.16.020 Issuance of building permit.
11.16.030 Improvements accepted after installation of sidewalk.
11.16.040 Cost of construction.
11.16.050 Maintenance of sidewalk—Injury claims.
11.16.060 Removal of defect or obstruction—Lien against property.
11.16.010 Plan for construction of sidewalk required.
Any applicant for a building permit to construct any new structure or add to or alter any existing structure, the cost of which equals or exceeds fifty percent of the value of the existing structure, on real property located in zones C-1 or C-2, in the city of Othello, shall include in the proposed plans, a plan for constructing a sidewalk along all street frontage of the lot or lots where the structure, addition or alteration is located. The sidewalks shall be located between the curbline of the adjacent street and the property line. The exact location of the sidewalks between the curbline and the property line shall be designated by the public works department of the city. The public works department shall also determine the width of the sidewalks according to guidelines determined by the city council and the public works department and filed with the city clerk. The sidewalks shall be constructed according to standard specifications for sidewalks as specified in the American Public Works Association publication on file in the city clerk’s office. (Ord. 653 (part), 1982: Ord. 341 § 1, 1966).
11.16.020 Issuance of building permit.
No building permit shall be issued by the city of Othello for a new structure or addition to or alteration of an existing structure, the cost of which equals or exceeds fifty percent or more of the value of the existing structure, in said zones, unless such plans include provisions for constructing said sidewalks, except in special circumstances in which such sidewalks would be useless, already installed, or such requirement would be unreasonable, and waiver thereof is granted by the Othello board of adjustment. (Ord. 846 § 1, 1991: Ord. 653 (part), 1982: Ord. 341 § 2, 1966).
11.16.030 Improvements accepted after installation of sidewalk.
Upon issuance of such building permit, the applicant shall cause to be constructed at the time the improvements, alterations or additions covered by the permit are constructed, or within eight months thereafter, the sidewalk in accordance with the plans therefor and within the specifications, as provided in this chapter, and the improvements shall not be accepted by the city of Othello until the sidewalk is thus installed. (Ord. 653 (part), 1982: Ord. 341 § 3, 1966).
11.16.040 Cost of construction.
The cost thereof shall be at the expense of the applicant or the owner or person entitled to possession of the property, and the city shall be in no manner liable for the expense thereof, or subject to any liens for the construction or maintenance thereof. (Ord. 341 § 4, 1966).
11.16.050 Maintenance of sidewalk—Injury claims.
The owner or the person, firm or corporation entitled to possession of the property abutting upon sidewalks installed at the street property line shall maintain the sidewalks and the approaches thereto in a condition reasonably safe for use by pedestrians exercising ordinary care for their own safety, and hold harmless the city of Othello from any claims, demands or suits arising out of injuries or death to persons or damage to property from defects in, or negligence in, the installation and maintenance of the sidewalks or the approaches thereto. (Ord. 341 § 5, 1966).
11.16.060 Removal of defect or obstruction—Lien against property.
Unless the property owner or one entitled to possession thereof promptly repairs or removes any defect, obstruction or condition rendering any public sidewalk, dangerous, unsafe, or likely to cause injury to persons or damage to property upon the lawful use thereof, upon notice given to him by the city of Othello, the city may cause the defects or obstructions to be repaired or removed forthwith, and the cost thereof assessed against the owner of the property, and if the city is not reimbursed therefor upon demand, the city may file a lien against the property abutting upon the sidewalk and foreclose the lien in accordance with the statutory provisions for the foreclosing a lien for unpaid municipal water charges, in addition to other remedies available at law. (Ord. 341 § 6, 1966).
11.16.070 Violation—Penalty.
Any person violating the terms of this chapter, upon conviction, shall be subject to a fine not to exceed ten dollars for each day of violation. (Ord. 653 (part), 1982: Ord. 341 § 7, 1966).