Chapter 11.08
SIDEWALK AND STREET FRONTAGE

Sections:

11.08.010    PURPOSE.

11.08.015    DEFINITIONS.

11.08.020    RESPONSIBILITIES.

11.08.030    SIDEWALK AND STREET FRONTAGE MAINTENANCE STANDARDS.

11.08.040    ENFORCEMENT - NOTICE OF VIOLATION.

11.08.050    PERMIT REQUIRED - APPLICATION - ASSESSMENT - LIEN.

11.08.060    DRIVEWAYS.

11.08.070    CONSTRUCTION, RECONSTRUCTION AND REPAIR - RESOLUTION OF NECESSITY - LIABILITY OF ABUTTING PROPERTY.

11.08.080    ASSESSMENT OF LIENS.

11.08.090    SIDEWALK ABATEMENT FUND CREATED.

11.08.095    REPAIRS PURSUANT TO AGREEMENT.

11.08.100    COSTS.

11.08.110    VIOLATION - PENALTY.

11.08.010 PURPOSE.

This chapter further defines the requirements and procedures to maintain sidewalks and other street frontage improvements as outlined in Chapters 35.68 and 35.69 RCW, which are adopted by reference as currently enacted and as hereafter amended. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.015 DEFINITIONS.

The following definitions apply to this chapter:

(a)    "Sidewalk" means any and all pedestrian structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way meets the abutting property, as set forth in RCW 35.69.010. The term "sidewalk" includes but is not limited to curbs, gutters, and portions of driveways that cross sidewalks.

(b)    "Driveway," where set forth separately from "sidewalk" in this chapter, means all portions of a driveway crossing City right-of-way. (Ord. 5331 §1 (part), 2017)

11.08.020 RESPONSIBILITIES.

Street frontage must be maintained in accordance with City standards. Permits may be required to undertake the work required in this chapter. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.030 SIDEWALK AND STREET FRONTAGE MAINTENANCE STANDARDS.

(a)    It shall be the duty of every owner of property abutting on public right-of-way to keep sidewalks free of snow, ice, garbage cans, and all other obstructions. It shall be unlawful to construct, place, cause, create, maintain, or permit to remain upon any sidewalk any condition that constitutes a hazard to the normal use of said sidewalk by the public. Facilities which have a poor appearance but are otherwise physically sound shall not be considered hazardous.

Sidewalks in violation of current Americans with Disabilities Act ("ADA") accessibility guidelines, and/or sidewalks with one (1) or more missing sections including portions of any street missing sidewalk along the entire frontage, shall be corrected by the abutting property owner. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.040 ENFORCEMENT - NOTICE OF VIOLATION.

(a)    Upon finding that an owner is maintaining or allowing a condition prohibited in this chapter, the City Code Enforcement Officer or City Engineer may order the repair, reconstruction, replacement, cleaning, removal, or remedy of the condition or obstruction.

(b)    Enforcement pursuant to Chapter 1.04 BMC may be used in lieu of or in conjunction with the provisions of this chapter.

(c)    Notice of the violation and required corrective action shall be sent to the legal owner of the abutting property, pursuant to BMC 1.04.040 or RCW 35.68.030 or 35.69.030, as applicable, to repair or replace the sidewalk. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.050 PERMIT REQUIRED - APPLICATION - ASSESSMENT - LIEN.

(a)    Upon notification, the owner shall obtain a permit from the City to correct the sidewalk deficiency. No person, firm or corporation shall construct or reconstruct any sidewalk or driveway on public rights-of-way without first obtaining a permit from the City. After sixty (60) calendar days, if the owner has not applied for a permit to correct the sidewalk deficiency, the City Council may, following a public hearing, assess a lien on the property for the expense of correcting the deficiency pursuant to BMC 11.08.080.

(b)    In the event the owner obtains a permit within the time prescribed above, but the corrections are not completed within two hundred forty (240) calendar days of receiving the permit, the City Council may, following a public hearing, assess a lien on the property for the expense of correcting the deficiency. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.060 DRIVEWAYS.

(a)    Upon receipt of an application and payment of all fees, the City may issue a permit to construct a driveway meeting City standards. The City Engineer may revoke any driveway permit or require a modification of any driveway if:

(1)    The area occupied by the driveway is needed for the public convenience;

(2)    Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic;

(3)    The abutting owner has failed to comply with all specifications and conditions of the permit;

(4)    The driveway does not access legal parking and maneuvering space on abutting property; or

(5)    The driveway does not meet current ADA accessibility guidelines.

(b)    Within sixty (60) calendar days of written notice from the City Engineer to close or modify a driveway, the abutting property owner shall obtain any required permits and make the corrections. It the abutting owner fails to make the required corrections within sixty (60) calendar days, the City may perform the required work at the expense of the abutting owner and assess the costs as provided in this chapter. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.070 CONSTRUCTION, RECONSTRUCTION AND REPAIR - RESOLUTION OF NECESSITY - LIABILITY OF ABUTTING PROPERTY.

(a)    Whenever a portion of any street in any city is not improved by the construction of a sidewalk thereon, or the sidewalk thereon is hazardous for purposes of public travel and the City Council by resolution, pursuant to Chapter 35.68 or 35.69 RCW as applicable, finds that the improvement of such portion of such street by the construction, reconstruction or repair of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden, and expense of such work shall devolve upon the property directly abutting upon such portion except as provided in subsections (b) and (c) of this section pursuant to RCW 35.69.020.

(b)    An abutting property shall not be charged with any costs under this chapter in excess of fifty (50) percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation.

(c)    An abutting property shall not be charged with any costs under this chapter if the construction, reconstruction or repair is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the City or its agents or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the City to enforce its ordinances. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.080 ASSESSMENT OF LIENS.

The City Council may, following a public hearing, assess a lien on the property for the cost and expense of construction, reconstruction, and/or correcting the deficiency as authorized and pursuant to Chapter 35.68 or 35.69 RCW as applicable. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.090 SIDEWALK ABATEMENT FUND CREATED.

The sidewalk abatement fund is hereby created. The sidewalk abatement fund shall receive revenue from proceeds of lien settlements as outlined in BMC 11.08.080, and other revenue. All funds deposited into the sidewalk abatement fund shall be used solely for correcting deficiencies in sidewalks. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.095 REPAIRS PURSUANT TO AGREEMENT.

(1)    The Director of Public Works and Utilities is authorized to enter into agreements with owners of abutting property for the repair of any sidewalk determined to be defective or hazardous. The agreement shall be written, shall include a cost estimate, and shall define the extent of costs, if any, to be contributed by the City.

(2)    The City may participate in sidewalk repair, if there are available funds in the sidewalk abatement fund, only where there is no indication of negligence or misuse by the property owner, past or present, causing the defect. (Ord. 5331 §1 (part), 2017)

11.08.100 COSTS.

Whenever any construction, reconstruction or repair of any sidewalk is to be done, the cost of the same may be paid as follows:

(1)    The abutting owner may construct the correction or improvement using a private contractor after obtaining a City permit. The cost will either be wholly at the owner’s expense, or with contribution from the City if an agreement pursuant to BMC 11.08.095 is in place;

(2)    The abutting owner may request the City construct the correction or improvement and reimburse the City directly; or

(3)    The City may construct the improvement and assess the costs thereof against the abutting property owner. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)

11.08.110 VIOLATION - PENALTY.

(a)    Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein.

(b)    In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Chapter 1.12 BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 5331 §1 (part), 2017: Ord. 5276 §3 (part), 2015)