Chapter 12.04
SIDEWALKS1
Sections:
12.04.015 Construction required.
12.04.020 Duty to repair and clear.
12.04.030 Construction--Standards--Permits.
12.04.060 Repair--Notice to owner.
12.04.070 Appeal to city council.
12.04.090 Assessment of costs.
12.04.100 Foreclosure of liens.
12.04.010 Definitions.
Unless the context requires otherwise, the following words shall have the meanings assigned to them.
A. “City” means the city of Central Point.
B. “City manager” means the city manager or person authorized by the city manager.
C. “Council” means the city council.
D. “Person” means a natural person, firm, corporation or other legal entity.
E. “Sidewalk” means the part of the street right-of-way between the curblines or the lateral lines of a roadway and the adjacent property lines that is intended for the use of pedestrians. (Ord. 1969 §1(part), 2013; Ord. 889 §1, 1967).
12.04.015 Construction required.
A. Any person building a building or otherwise developing property within the city which is adjacent to a public street or highway shall, as a condition of issuance of a certificate of occupancy for the construction or development, construct sidewalks (including driveway aprons), as defined in this chapter, upon the property. The sidewalk shall be constructed in accordance with the standards of the city for the same, and the city building official is authorized to withhold issuance of a certificate of occupancy until such construction is complete.
B. In the event that construction occurs which is otherwise subject to subsection A of this section, but there is no sidewalk within the same block on the same side of the street, or, in the event the construction occurs outside an area of ordinary city blocks, in the event there are no sidewalks on the same side of the street within a distance of one hundred feet of the construction site, the city building official may refer the matter to the city manager or their designee. The city manager or their designee may waive the requirement set forth in subsection A of this section provided that the owner shall be required to execute, as a condition of the waiver, an irrevocable deferred improvement agreement for the construction of sidewalks, which agreement shall be recorded and run with the land, to be binding upon future owners of the property. Additionally, if the adjacent street or highway is a state or county-maintained highway or road, the city manager may likewise waive the construction requirement set forth in subsection A of this section provided the irrevocable agreement is obtained. If a local improvement district is created for the construction of public improvements (including the sidewalk covered in the deferred improvement agreement), in an area encompassing the subject property, then the requirements of the local improvement district will supersede the requirements of the deferred improvement agreement.
C. If the owner or developer of the construction referred to in subsection A of this section is authorized in the building permit for the construction to construct the sidewalk, no separate sidewalk construction permit as required by Section 12.04.040 of this chapter shall be necessary. (Ord. 1969 §1(part), 2013; Ord. 1769 §1, 1997; Ord. 1558 §1, 1985).
12.04.020 Duty to repair and clear.
It is the duty of owners of land adjoining any street to maintain in good repair and to remove obstructions from the adjacent sidewalk. (Ord. 889 §2, 1967).
12.04.030 Construction--Standards--Permits.
A. No person shall construct, repair or alter a sidewalk without first obtaining a permit from the city, upon a form, and providing such information, as shall be determined by the city manager or his designee. Upon a review of the application for compliance with applicable standards and specifications, the city manager or his designee shall issue a permit, which shall specify the date within which the work shall be completed, and after which date said permit shall be void.
B. The fee for said permit will be adopted by city council resolution.
C. All sidewalk construction, repair or alteration shall be in compliance with such standards as shall be established by the city.
D. The city manager or his designee may inspect any materials or construction details to the extent deemed necessary to assure compliance with the terms of this chapter. Construction, repair or alteration of a sidewalk in violation of any of the terms or conditions of the permit, this chapter or standards of the city for construction shall be a violation of ordinance punishable under the general penalty ordinances of the city. (Ord. 1969 §1(part), 2013; Ord. 1877 §2, 2006; Ord. 1616 §1, 1989; Ord. 889 §3, 1967).
12.04.060 Repair--Notice to owner.
A. Whenever the public works director or his designee determines that a sidewalk needs repair, the owner of the property adjacent to the defective sidewalk shall obtain a permit and complete repair of the sidewalk within thirty days after the date of service of the notice described herein or the posting thereof on the property.
B. Notice of the defective sidewalk shall be delivered either by personal service or by certified mail, return receipt requested, to the owner of the property adjacent to the sidewalk. If mailed, the notice shall be sent to the address shown in the office of the county assessor for the owner of said property, and, if different, to the street address, if any, of the property.
C. If the notice is sent by mail, and is not effectively delivered to the owner, and if, after diligent search the owner cannot be located, the public works director, or his designee, shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting of notice shall have the same effect as service of notice by personal service, or by certified mail. The person posting such notice shall file with the city manager an affidavit stating the time, place and manner of such posting of notice.
D. The notice shall contain the following information:
1. That the city has determined that the sidewalk adjacent to the owner’s property is defective;
2. That the owner must obtain a permit and complete repair of the sidewalk within thirty days after the date of service of the notice or the posting thereof on the property;
3. That the owner may appeal the city’s determination that the sidewalk is defective by filing, within fifteen days of receipt of the notice or the posting thereof on the property, a written request with the city manager for a hearing before the city council; and
4. That if the sidewalk is not timely repaired and no written appeal has been filed within the time allowed, the city will repair the sidewalk and the cost of the repairs will be assessed to the property adjacent to the sidewalk.
E. Notwithstanding the thirty-day time period set forth in subsection A above, whenever the public works director determines, in his or her discretion, that
1. Adverse weather or other extenuating circumstances have prevented the owner from effecting the repairs within the thirty-day period; and
2. The owner is proceeding in good faith to effect the repairs as soon as possible;
then, and in that event, the public works director may, in his or her discretion, grant a written extension of the time in which the owner is required to effect the repairs. (Ord. 1969 §1(part), 2013; Ord. 1664(part), 1991; Ord. 889 §6, 1967).
12.04.070 Appeal to city council.
Any owner of property who has received notice to repair a sidewalk under Section 12.04.060 and who objects to the same may, within fifteen days of receipt of the notice or the posting thereof on the property, appeal to the city council for relief by filing a written request with the city manager for a hearing before the city council. The request shall include the owner’s reasons for opposing the repairing of the sidewalk. At the next available city council meeting, the council shall determine whether the sidewalk is, in fact, defective. If the council so finds, the owner shall have twenty days from the date of the council meeting to repair the sidewalk. (Ord. 1969 §1(part), 2013; Ord. 1664(part), 1991; Ord. 889 §7, 1967).
12.04.080 Repair by city.
If the defective sidewalk is not corrected within the time period provided, and no relief has been granted the owner by the city council pursuant to the appeal process, the public works director shall cause the defective sidewalk to be repaired as soon as possible. The public works director, or his designee, shall maintain an accurate record of the expenses incurred by the city in repairing the defective sidewalk, and shall include therein an overhead charge for administration expenses. The total cost, including said overhead, shall thereafter be assessed as a lien against the property as hereinafter provided. (Ord. 1664(part), 1991; Ord. 889 §8, 1967).
12.04.090 Assessment of costs.
A. After the city has repaired a defective sidewalk and arrived at the total cost as prescribed above, the city manager shall mail a notice of assessment to the owner of the property adjacent to the sidewalk repaired. The notice shall be sent to the address shown in the office of the county assessor for the owner of said property, and shall contain the following information:
1. A statement of the total cost of repair, as determined pursuant to Section 12.04.080;
2. A statement that the cost constitutes a lien against the property, payable within thirty days; and
3. A statement that if the owner objects to the cost, as stated, he may file a written objection with the city manager within ten days from the date of mailing of the notice.
B. The owner shall have ten days from the date of mailing of the notice in which to file with the city manager a written objection to the statement of costs. If no such objection is timely filed, the assessment shall be final, shall constitute a lien against the property adjacent to the repaired sidewalk, and the city manager shall then enter the lien in the docket of city liens.
C. If an objection to the statement of cost of repair is timely filed, the city council shall hear such objection at its next regularly scheduled meeting. The assessment, as determined by the council, shall be made by minute order and shall thereafter be entered in the docket of city liens by the city manager and shall constitute a lien against the property adjacent to the repaired sidewalk.
D. All liens imposed under this chapter shall bear simple interest at the rate of nine percent per year from the date of entry in the lien docket.
E. An error in the name of the owner shall not void the lien nor will a failure to receive notice of the assessment render the assessment void, but it shall nevertheless remain a valid lien against the property. (Ord. 1969 §1(part), 2013; Ord. 1664(part), 1991; Ord. 889 §9, 1967).
12.04.100 Foreclosure of liens.
The city may foreclose all liens created pursuant to Section 12.04.090 in any manner or process allowable by law. (Ord. 1664 (part), 1991).
For statutory provisions regarding the authority of the city to provide for sidewalk improvement districts, see ORS 223.880: for the Charter provisions making it the duty of abutting landowners to construct, maintain and repair sidewalks, see City Charter Art. XIV.