Chapter 12.04
SIDEWALK REPAIR
Sections:
12.04.010 Declaration of policy.
12.04.040 Movement of obstructing utility fixtures.
12.04.010 Declaration of policy.
The city council determines and declares that the responsibility for the repair of defects in sidewalks shall be upon the abutting property owners. Should a sidewalk within the city become defective or hazardous or be in need of repair, it is the responsibility of the abutting property owner to notify the city public works superintendent of said defect, hazardous condition or need to repair. (Ord. 547 § 1, 1984)
12.04.020 Procedure.
A. The city, after receiving notice from an abutting property owner of a defective or hazardous sidewalk in need of repair, or upon locating a hazardous or defective sidewalk in need of repair without notice from the abutting property owner, shall consider the matter which shall be presented to the city council by the city public works director. The city public works director shall at the same time present his written plans and specifications for the repair of the defective or hazardous sidewalk and the cost of said repair.
B. The city council shall then determine whether to proceed with the repair of said sidewalk. In the event the city council determines said sidewalk should be repaired, the city council shall adopt a resolution requiring the repair of the defect or hazardous conditions in said sidewalk. The resolution shall provide that the abutting property owner is required to pay for the cost of all materials necessary to effect said repair which costs are set forth in the city public works director's plans and specifications. Said resolution shall also provide that the city shall be responsible for the actual construction work to effect such repairs. Said resolution shall further provide that the city public works director shall notify the affected abutting property owners in person as to the resolution of the city council. In the event the abutting property owners sign a written agreement to the effect that said property owners are responsible for the cost of the materials to repair the defective or hazardous sidewalk, the city may proceed with said repairs at its earliest convenience. In the event the affected property owners do not agree and refuse to enter into an agreement to pay the cost of said repairs, the city shall cause notice of a hearing to be held on the resolution. Said notice shall be published once a week for two consecutive weeks prior to the meeting of the city council during which the hearing is held. At the time of the hearing, the council shall hear all persons who appear for and against the repairs. The city council shall decide during said hearing as to whether to proceed with the construction repair. In the event a decision is made to proceed, the city council shall notify the affected abutting property owners of its decision in writing and then shall proceed to effect said repairs at its earliest convenience.
C. In the event the city council causes repairs of a sidewalk to be made over the affected abutting property owners' consent, said abutting property owners shall be further notified that the cost of materials necessary to effect said repairs shall constitute a lien upon their property and shall be a lien assessed and collected in the manner provided in RCW 35.68.050 through 35.68.070, which statutes are incorporated by reference. (Ord. 547 § 2, 1984)
12.04.030 Deferred payments.
In the event a property owner consents to the repair of defective or hazardous sidewalks which the city council has acted upon, the affected abutting property owner may elect to pay the cost of the materials necessary for repair on a deferred basis. The period of time for which payment may be deferred shall be no longer than 18 months and the deferred amount shall bear interest at the rate of 10 percent per annum. The abutting property owner shall enter into an agreement with the city should said property owner elect to pay said cost on a deferred basis. (Ord. 547 § 3, 1984)
12.04.040 Movement of obstructing utility fixtures.
In the event the city council directs the repair of a sidewalk which is obstructed by utility fixtures, the city public works director shall notify the affected utility company of the repairs. Said notice shall also notify the affected utility company to contact the city public works director to make arrangements for the removal and relocation of the obstructing fixture from the sidewalk. (Ord. 547 § 4, 1984)