Chapter 12.16
SIDEWALK MAINTENANCE
Sections:
12.16.020 Sidewalks to be kept clear.
12.16.030 Clearing of snow and ice.
12.16.060 Resolution, notice and order.
12.16.070 Hearing on assessment roll—Notice.
12.16.080 Lien of assessments and foreclosure.
12.16.010 Definitions.
As used in this chapter the following words and/or phrases mean:
“Business area” means the area of the town designated as business district II in Title 17 of this code.
“Owner” means the lawful owner of real property abutting a sidewalk within the town as designated on the Okanogan County tax rolls and including tenants, lessees, and lawful building occupants.
“Sidewalk” means any sidewalk constructed in the town, of any material, including wood plank sidewalks and asphalt transition areas, abutting upon all properties which are provided and used for pedestrian foot traffic, including the curb “bumper” steps. (Ord. 564 § 1, 2005: Ord. 379 § 1, 1990)
12.16.020 Sidewalks to be kept clear.
It shall be the duty of the owner of the abutting or adjacent property to construct, maintain, or improve all sidewalks abutting or adjacent to such property pursuant to the terms of this chapter. It shall also be the duty of the owner of abutting or adjacent property to maintain all sidewalks abutting or adjacent to their property in a safe condition, including keeping such sidewalks free and clear of snow, ice, litter and/or other impediments to the free, open, and safe passage of pedestrian foot traffic. (Ord. 564 § 2, 2005: Ord. 379 § 2, 1990)
12.16.030 Clearing of snow and ice.
A. In the case of snowfall and/or ice, the sidewalk shall be cleared thereof as soon as reasonably possible following the cessation of snowfall or ice formation, and in any event, not later than twelve noon, local time, on the next day following the cessation of snowfall and/or ice formation.
B. Snow and/or ice removed from sidewalks shall be so dispersed as to not interfere with automotive traffic in abutting streets and thoroughfares. In areas of abutting streets and thoroughfares from which snow removal has been completed dispersion of snow removed from sidewalks shall be made in such manner as will not require replowing or additional snow removal in the street or thoroughfare. (Ord. 379 §§ 3, 4, 1990)
12.16.040 Enforcement.
Any owner who fails to keep the sidewalk on which their property abuts free and clear of snow, ice, litter and/or other impediments shall be given notice of such noncompliance, and if compliance is not effected by the owner within forty-eight (48) hours of the receipt of such notice, then the town may cause the sidewalk to be cleared of such snow, ice, litter and/or other impediment, and the cost thereof shall be charged to the owner and collected by the town as a debt in the municipal court of the town. (Ord. 564 § 3, 2005: Ord. 379 § 5, 1990)
12.16.050 Violation for failure to keep sidewalk free and clear of snow, ice, litter and/or other impediments—Penalty.
In addition to the provisions of Section 12.16.040, any owner neglecting or refusing to comply with the compliance provisions of Section 12.16.040 shall be guilty of a civil infraction, and shall be assessed a civil penalty of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00) for each violation. For the purposes of this section, each twenty-four (24) hour period of noncompliance constitutes a separate violation. (Ord. 564 § 4, 2005: Ord. 379 § 6, 1990)
12.16.060 Resolution, notice and order.
If upon receiving a report from the proper town officer, the town council deems the construction, improvement, or maintenance of any sidewalk necessary or convenient for the public, or that any sidewalk is in an unsafe condition, the town council shall, by resolution, so find and shall prepare a resolution and notice and order to construct or repair or maintain such sidewalk which states as follows:
A. The description of the parcel of land abutting upon that portion and side of the street that the sidewalk is ordered to be constructed, improved, or maintained;
B. Specification of the kind of sidewalk required, its size and dimensions, and the method and material to be used in construction;
C. An estimate of the cost thereof;
D. A statement that unless the sidewalk is constructed in compliance with such notice and order, and within a reasonable time therein specified, the town will construct, improve or maintain the sidewalk and assess the cost and expense thereof against the abutting property described in the notice and order.
Such resolution, and notice and order shall be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is to be constructed, improved, or maintained, requiring the owner to construct, improve, or maintain the sidewalk in accordance with the resolution, notice and order; provided, however, that the abutting property specified in such resolution, notice and order shall not be charged with the cost of construction, improvement, or maintenance in excess of fifty percent (50%) of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for the purposes of general taxation; provided, further, that an abutting property shall not be charged with the costs of maintenance and improvement under this section if the maintenance is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the town or its agents, or to correct deterioration of or damage to the sidewalk as a direct result of the failure of the town to enforce its ordinances.
If a resolution, notice and order to construct, improve, or maintain a sidewalk is not complied with in the time period specified, the town shall proceed to construct, improve, or maintain said sidewalk and report to the town council at its next regular meeting, or as soon thereafter as is practical, and prepare assessment rolls showing each parcel of property abutting upon the sidewalk, the name of the owner thereof, if known, and apportion the cost of said construction, improvement, or maintenance to be assessed against each parcel of such property. (Ord. 564 § 5, 2005)
12.16.070 Hearing on assessment roll—Notice.
Upon preparation of an assessment roll, the town council shall set a date for hearing any protests against the proposed assessment roll, and shall cause a notice of the time and place of the hearing to be published once a week for two consecutive weeks in the official newspaper of the town, the date of the hearing to be not less than thirty (30) days from the date of the first publication of the notice. At the hearing, or any adjournment thereof, the council, by ordinance, shall assess the cost of construction, improvement, or maintenance of the sidewalk against the abutting property in accordance with the benefits thereto. (Ord. 564 § 6, 2005)
12.16.080 Lien of assessments and foreclosure.
The assessments provided in this chapter shall become a lien upon the respective parcels of property 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 said assessment thereon. (Ord. 564 § 7, 2005)