Chapter 3.06
CONSTRUCTION, REPAIR AND ALTERATION OF SIDEWALKS

Sections:

3.06.010    Definitions.

3.06.015    Duty to Construct, Repair and Clear Sidewalks, Curbs and Monolithic Curbs and Gutters; Liability for Damage or Injury.

3.06.020    Standards; Permits.

3.06.025    Notice to Construct.

3.06.030    Construction Procedure.

3.06.035    Construction by City.

3.06.040    Assessment and Collection of Costs.

3.06.045    Sidewalk Improvement Districts.

3.06.050    Responsibility of the City.

3.06.055    Violation of Ordinance Deemed Civil Infraction.

3.06.010 Definitions.

For the purposes of BC 3.06.020 through 3.06.055 the following mean:

City engineer – The city engineer or the city engineer’s designee.

Construction – Construction, reconstruction, alteration and repair of sidewalks, curbs and monolithic curbs and gutters.

Sidewalk – That portion of the street right-of-way between the curblines or the lateral lines of the roadway and the adjacent property lines that is intended for the use of pedestrians. [BC 3.06.010, amended by Ordinance No. 3604, January 25, 1988.]

3.06.015 Duty to Construct, Repair and Clear Sidewalks, Curbs and Monolithic Curbs and Gutters; Liability for Damage or Injury.

A. A person owning land abutting any public right-of-way has the duty to construct, reconstruct, repair and maintain abutting sidewalks, curbs and monolithic curbs and gutters so as not to present an unreasonable risk of danger to person or property, except as provided in subsection C of this section.

B. A person owning land abutting any public right-of-way hereby is declared liable for any and all claims of personal injury or property damage that may arise from the person’s negligence in failing to keep a sidewalk, curb or monolithic curb or gutter abutting the person’s property in such repair as not to present an unreasonable risk of danger to person or property.

C. A person shall be relieved from the obligation imposed by subsection A of this section if the person notifies the City in writing of the need for reconstruction, maintenance or repair and the city engineer determines that:

1. The sidewalk, curb or monolithic curb and gutter in question is part of an arterial or collector street, that the abutting property is not entitled to a curb cut or driveway on to that street, and that the abutting property is a through lot required to be screened from the abutting right-of-way by fence or landscaping such as to disallow direct pedestrian access to the right-of-way from the property; or,

2. The sidewalk, curb or monolithic curb and gutter in question was constructed by the City within the last year and the risk of danger arises more from defective material or workmanship than from external forces.

The city engineer’s determination shall be sent in writing to the property owner and shall be final unless within ten days from the date the determination is sent, the property owner files with the City Recorder a written notice of appeal of same.

D. Nothing in this section is intended to relieve a person owning property abutting the right-of-way from the liability imposed by subsection B of this section, unless and until the property owner notifies the City as provided in subsection C of this section and the City’s resulting nonfeasance or malfeasance is held to constitute a supervening cause of any personal injury or property damage arising from the condition of the property after the property owner gives notice. [BC 3.06.015, amended by Ordinance No. 3604, January 25, 1988.]

3.06.020 Standards; Permits.

A. The city engineer shall establish standards and specifications for sidewalk, curb and monolithic curb and gutter construction, to provide them in a durable and practical condition at a suitable grade, width and location.

B. No person shall construct a sidewalk, curb or monolithic curb and gutter in the public right-of-way, except in accordance with current standards and specifications established by the city engineer.

C. No person shall construct a sidewalk, curb or monolithic curb and gutter without first obtaining a permit from the City and complying with the provisions of BC 9.05.005 et seq. If the City is requiring the construction, the permit shall state the date within which the work shall be completed. [BC 3.06.020, amended by Ordinance No. 3604, 1/25/88]

3.06.025 Notice to Construct.

Where sidewalks, curbs or monolithic curbs and gutters are unsafe, or where no sidewalk, curb or monolithic curb and gutter exists on singular or isolated pieces or tracts of property and, the city engineer in his or her sole discretion determines that a sidewalk, curb or monolithic curb and gutter are necessary to ensure safe vehicles and pedestrian travel, the city engineer shall mail notice to the record owner of the abutting property and the occupant of same. The notice shall direct the owner of the property or the owner’s agent immediately to construct a sidewalk, curb or monolithic curb and gutter, or a combination, in accordance with the City ordinances, code provisions, standards, specifications and plans to be furnished by the city engineer on the owner’s or agent’s application. The city engineer shall file with the city recorder an affidavit of the mailing of the notice, stating the addresses and names to which it was mailed. The notice shall be sent to the last known address of the owner or agent, as shown on City or County records, and to the attention of the occupant at the property’s street address. A mistake in the name of the owner or agent, or a name other than that of the owner or agent of such property, or any mistake in the address, shall not invalidate the notice. [BC 3.06.025, amended by Ordinance No. 3604, 1/25/88]

3.06.030 Construction Procedure.

A. The owner of real property to whom notice has been sent, shall complete the improvement within 30 days from the date that the notice is mailed and under such other terms and conditions as are set out in the specifications and permit provided for under BC 3.06.020 and BC 9.04.020 or, within that same time, shall show cause in writing to the Council why the improvement should not be constructed.

B. The Council shall grant a hearing to the objector at regular meeting as soon as is practical. At the hearing the Council shall determine whether or not the sidewalk, curb or monolithic curb and gutter, or combination shall be constructed. The city recorder shall notify the person of the Council’s determination in writing sent to the address given on the notice.

C. Failure of the city to send the notice, or failure of the objector to receive it, or any other mistake in the notice, shall not render void or ineffective the lien to be imposed on the property in the event of City construction.

D. If the Council determines that the sidewalk, curb or monolithic curb and gutter, or combination, shall be constructed, the owner, or the owner’s agent shall, within ten days thereafter, begin the construction and complete construction not later than 30 days from the date of the Council’s decision. [BC 3.06.030, amended by Ordinance No. 3604, 1/25/88]

3.06.035 Construction by City.

If the owner of property to whom notice has been sent fails or refuses to complete construction of the improvement within the time allowed, the City may proceed to construct the improvement and assess the cost of same against the property as provided in BC 3.06.040. [BC 3.06.030, amended by Ordinance No. 3604, 1/25/88]

3.06.040 Assessment and Collection of Costs.

A. On completion of the construction, the finance director shall determine the cost as defined in BC 3.02.050. The finance director shall send a bill for the costs by regular mail to the owner of the property or the owner’s agent to the same address as the notice to construct, or to any later address known to the finance director. The bill shall also include a notice advising the property owner of the requirements of subsections B, C and D.

B. The property owner must, within 30 days of the date of mailing, either:

1. pay the bill in full; or

2. sign an agreement to pay the bill in installments; or

3. file a written protest of the billing with the city recorder. A written protest shall not be deemed timely unless actually received by the city recorder within 30 days of the date of mailing of the notice provided for in subsection A.

C. Beginning 30 days from the date of mailing of the notice any unpaid bill will accrue interest at the then prevailing prime rate per annum until paid. This provision shall apply even if a written protest is filed.

D. Thirty days from the date of mailing of the notice, the finance director is authorized to place a lien on the property unless a written protest has been timely filed with the city recorder.

E. 1. Upon timely receipt of a written protest from the property owner as provided in subsection A of this section, the city recorder shall place the matter on the Council agenda for hearing, and shall notify the property owner, the finance director and city engineer of the date of the meeting.

2. The finance director shall report to the Council the costs for work done showing the description of the property and the owner of each lot, part of lot or parcel of land for which the work was done.

3. The property owner may give oral or written testimony on the costs of the improvement.

4. If the Council finds the costs reported to be reasonable, it shall approve them by order and authorize the finance director to enter the costs together with any accrued interest as an assessment on the City lien docket.

5. Within 30 days of Council approval, the owner of the assessed property may apply to pay the assessment and accrued interest in installments.

F. An agreement to pay either an original bill or a Council approved assessment in installments, shall contain the following provisions:

1. a provision for interest at the then prevailing prime rate per annum, except that in the case of a Council approved assessment, the interest rate shall continue to be the same as originally established under subsection C;

2. a provision for installments for a period not to exceed five years;

3. a provision that an installment shall be deemed past due if not received within 30 days of the due date;

4. a provision that if any installment is past due, the City may terminate the installment agreement and if so terminated, the entire amount plus interest, less any amount paid, shall become immediately due. Failure to strictly enforce this provision shall not constitute a waiver of any right as to subsequent past due installments.

G. Foreclosure proceedings may be initiated to collect any lien due more than 30 days.

3.06.045 Sidewalk Improvement Districts.

A. In addition to the procedures contained in BC 3.06.010 through 3.06.055, the Council may establish local improvement districts for the purpose of constructing or reconstructing sidewalks, curbs or monolithic curbs and gutters, and assessing and collecting the costs in accordance with the City’s local improvement procedures.

B. If the Council forms a local sidewalk improvement district, persons owning property within the proposed district who cause sidewalks, curbs or monolithic curbs and gutters to be constructed and maintained in accordance with city specifications and standards prior to a date that the council may set, shall be excluded from the district and shall not be assessed for the improvements.

C. A person who owns property within the boundaries of a sidewalk improvement district is not thereby relieved of liability for an unsafe condition of the sidewalk, curb or monolithic curb and gutter in the abutting right-of-way. [BC 3.06.045, amended by Ordinance No. 3604, 1/25/88]

3.06.050 Responsibility of the City.

[BC 3.06.050, repealed by Ordinance No. 3308, 12/14/82]

3.06.055 Violation of Ordinance Deemed Civil Infraction.

Violation of the provisions of BC 3.06.010 through 3.06.055 is a Class 1 Civil Infraction, the infraction to be processed in accordance with BC 2.10.010 through 2.10.050. [BC 3.06.010 through 3.06.055 amended by Ordinance No. 3604, 1/28/88]