Chapter 12.04
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.04.020 Duty to repair and clear sidewalks.
12.04.030 Liability for sidewalk injuries.
12.04.040 Standards and specifications.
12.04.050 Submission of plans.
12.04.060 Supervision of work.
12.04.070 Required sidewalk work.
12.04.090 Assessment for sidewalk work done by city.
12.04.100 Sidewalk construction requested by the property owner.
12.04.010 Definitions.
Unless the context requires otherwise, the following mean:
(1) “Person” means a natural person, firm, corporation, or other legal entity.
(2) “Sidewalk” means the part of the street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines that is intended for the use of pedestrians. (Ord. 2238 § 1, 1978)
12.04.020 Duty to repair and clear sidewalks.
It is the duty of an owner or occupant of land adjoining a street to maintain in good repair and remove obstructions and hazards to safe travel from the adjacent sidewalk. (Ord. 3287 § 1 (Att. A), 2022; Ord. 2238 § 2, 1978)
12.04.030 Liability for sidewalk injuries.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of any negligence of such owner in failing to maintain the sidewalk in good condition, remove obstructions, and/or remove hazards to safe travel.
(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty, which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 3287 § 1 (Att. A), 2022; Ord. 2238 § 3, 1978)
12.04.040 Standards and specifications.
Sidewalks shall be constructed, altered and repaired in accordance with the standards and specifications established by the public works superintendent. (Ord. 2238 § 4, 1978)
12.04.050 Submission of plans.
No person shall construct, alter or repair a sidewalk without first submitting the plans and specifications for the proposed work to the public works superintendent and obtaining his approval. After determining that the proposed work conforms to the applicable standards and specifications established under SHMC 12.04.040, the public works superintendent shall give his approval for the proposed work. (Ord. 2238 § 5, 1978)
12.04.060 Supervision of work.
The construction, alteration or repair of sidewalks shall be under the supervision of the public works superintendent. The public works superintendent may inspect any materials and construction details as in his judgment may be necessary to ensure compliance with the applicable standards and specifications. (Ord. 2238 § 6, 1978)
12.04.070 Required sidewalk work.
(1) The public works superintendent is authorized by council to make determinations regarding the construction, alteration or repair of sidewalks throughout the city.
(2) When the public works superintendent determines that a sidewalk needs construction, alteration or repair, he/she shall issue a notice of determination to the owner of the adjacent property.
(3) The notice shall require the property owner to complete the sidewalk work within 30 days after service of notice. The notice shall also state that if the work is not made by the owner within the 30-day time period, the city may do the necessary work and assess the cost of the work against that property in the form of a lien.
(4) The public works superintendent shall cause a copy of the notice to be served personally upon the owner of the property adjacent to the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the public works superintendent shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property.
(5) The person serving the notice shall file with the recorder a statement stating the time, place and manner of service of notice. (Ord. 3137, 2010; Ord. 2238 § 7, 1978)
12.04.080 City may do work.
If the sidewalk work is not completed within 30 days after service of the notice, the public works superintendent shall carry out the sidewalk work. Upon completion of the work, the public works superintendent shall submit a report to the council. The report shall contain an itemized statement of the cost of the work. (Ord. 2238 § 8, 1978)
12.04.090 Assessment for sidewalk work done by city.
Upon receipt of the report, the council, by ordinance, shall assess the cost of the sidewalk work against the property adjacent to the sidewalk. The assessment shall be a lien against the property and may be collected in the same manner as is provided for the collection of street improvement assessments. (Ord. 2238 § 9, 1978)
12.04.100 Sidewalk construction requested by the property owner.
If a property owner petitions the council for an order to build a sidewalk on the part of the street abutting on his property, agrees to pay cash or to make application to pay the cost in installments, waives the right of service and publication of notice of construction, and consents to the assessment of the property upon which the sidewalk abuts, the council may order the construction of the requested sidewalk, if in its judgment the sidewalk should be built. (Ord. 3186 § 11, 2015; Ord. 2238 § 10, 1978)
12.04.110 Penalty.
Violation of this chapter is punishable by fine not to exceed $100.00. Each day’s violation of a provision of this chapter shall constitute a separate offense. (Ord. 2238 § 11, 1978)