Chapter 12.06
SIDEWALK RECONSTRUCTION AND REPAIR
Sections:
12.06.010 Declaration of policy.
12.06.020 Preconstruction procedure.
12.06.030 Construction and assessment of cost.
12.06.010 Declaration of policy.
The city council determines and declares that whenever a portion (not longer than one block in length) of any street within the city is not improved by the construction of a sidewalk adjacent thereto, or when such a sidewalk has become unfit or unsafe for purposes of public travel and the city council by resolution finds that the improvement of such sidewalk is necessary for public safety, convenience and the health and welfare of the residents of the city, the burden and expense of the construction and/or reconstruction of such sidewalk shall devolve upon the property directly abutting where said sidewalks are to be constructed in accordance with the terms and provisions of this chapter. (Ord. 653 § 1, 1989)
12.06.020 Preconstruction procedure.
A. Upon request, the city council may adopt a resolution giving preliminary approval to the construction or reconstruction of a sidewalk in accordance with this chapter. The city council shall cause a notice of said resolution to be served upon the owners of all properties with property directly abutting the proposed or reconstructed sidewalk. The notice shall be deemed sufficiently served if delivered in person to the owner or left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to collect rentals on such property. If the owner is a nonresident of the state, service may be effected by mailing a copy to his last known address. If the owner is unknown or his address is unknown, then service shall be effected by posting a copy of the resolution in a conspicuous place at such portion of the street where the improvement is to be made.
B. The notice and resolution to be served shall also provide the date and time of a public hearing before the city council of the city, which public hearing shall be for the purpose of considering a second resolution requiring the construction or reconstruction of a sidewalk. At the time of the public hearing, the city council shall hear the comments and testimony of persons interested in or affected by the proposed construction or reconstruction. At the conclusion of the public hearing, the city council shall determine whether to require the construction or reconstruction of the sidewalk, having considered the input and testimony of persons interested or affected by the sidewalk. (Ord. 653 § 1, 1989)
12.06.030 Construction and assessment of cost.
The abutting property owners shall have the option of constructing or reconstructing the designated area of sidewalk by private contract being responsible for all cost of materials and labor. Construction shall be pursuant to the plans and specifications provided or approved by the public works superintendent and shall be completed by the date set forth in the council resolution. Alternatively, construction or reconstruction of the sidewalk may be accomplished in cooperation with the city. Under this alternative procedure, the abutting property owners shall be responsible for the cost of all materials and the city will provide for the labor for the construction or reconstruction. The proportionate cost to be borne by each property owner shall be the ratio to total cost as the amount of frontage of sidewalk to be constructed or reconstructed. The property owners shall then enter into a written agreement with the city to pay the cost of materials for the sidewalk. In the event the property owner pays for said construction or reconstruction 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. (Ord. 653 § 1, 1989)
12.06.040 Lien assessment.
In the event property owners have elected the alternative construction or reconstruction whereby the property owners pay for the materials and the city provides for the installation and construction labor, said property owners shall be required to pay the agreed upon cost in accordance with the terms and conditions of the agreement with the city. Should the property owners fail to pay the sums agreed upon, the city council may assess a lien against the delinquent owner's real property and foreclose said lien in accordance with the provisions of RCW 35.69.030. In addition, the city shall have all rights at law and in equity to pursue collection of the assessed cost in any court of competent jurisdiction. (Ord. 653 § 1, 1989)