Chapter 12.08


12.08.010    Expense devolved upon abutting property.

12.08.020    Notice to clean, repair or remove—Issuance when.

12.08.030    Notice—Method of service.

12.08.040    Notice—Contents—Assessment roll—Hearing.

12.08.050    Hearing—Assessment rate—Collection.

12.08.060    Abutting property and sidewalk defined.

12.08.070    Effect of provisions.

12.08.010 Expense devolved upon abutting property.

Whenever any street or alley in the town has been improved by the construction of a sidewalk or sidewalks along either or both sides thereof, the duty, burden and expense of maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon that side of such street along which such sidewalk has been constructed as provided in this chapter. (Ord. 76 § 1, 1927)

12.08.020 Notice to clean, repair or remove—Issuance when.

Whenever in the judgment of the streets and alleys committee of the town council, the condition of any sidewalk is such as to render the same unfit or unsafe for purposes of public travel, such committee shall report to the town council, which shall thereupon by motion direct the service of a notice on the owner of the property abutting such sidewalk instructing the owner to clean, repair or remove such sidewalk. (Ord. 76 § 2, 1927)

12.08.030 Notice—Method of service.

Such notice shall be served either upon the owner of such property in person or by leaving a copy of such notice at the home of the owner, or if the owner is a nonresident of Brewster by mailing a copy to his last known post office address by registered mail, or if the owner of the property be unknown or if his address be unknown, then such notice shall be addressed General Delivery, Brewster, Washington, by registered mail. (Ord. 76 § 3, 1927)

12.08.040 Notice—Contents—Assessment roll—Hearing.

Such notice pursuant to Section 12.08.020 shall specify a reasonable time within which such cleaning, repairs or renewals therein ordered shall be made by the owner and shall state that in case such owner fails to do such cleaning or make such repairs or renewal within the time specified therein, the town will proceed to clean such walk or to make such repairs or renewals forthwith and they will thereafter report to the town council as soon as such work is done, their assessment roll, showing the lot or parcel of land abutting such sidewalk and so repaired, the cost of such improvement or repair, and the name of the owner. Such notice shall further specify the council meeting at which such assessment roll will be presented and that the council will hear any and all protests against the proposed assessment and if such work has not been completed and the assessment roll prepared at the time fixed in such notice, the council shall adjourn the hearing on such assessment roll from time to time until the same is presented and hearing shall thereupon be had thereon. (Ord. 76 § 4, 1927)

12.08.050 Hearing—Assessment rate—Collection.

At the hearing upon such assessment roll the council shall assess the cost of such work against such property in accordance with the benefits derived therefrom and such assessment shall constitute a lien upon such property and shall bear interest at the rate of eight percent per year from the date of such assessment until paid and such assessment shall be collected in any of the manners provided under Ordinance 46 codified at Chapter 3.20 for the collection of local improvement assessment. (Ord. 76 § 5, 1927)

12.08.060 Abutting property and sidewalk defined.

For the purposes of this chapter all property having a frontage upon the sides or margin of any street shall be deemed to be abutting property and the term sidewalk shall be taken to include any and all structures or forms of street improvement included in the space between the street margin and the roadway. (Ord. 76 § 6, 1927)

12.08.070 Effect of provisions.

The ordinance codified in this chapter shall not be construed to limit or repeal Ordinances 46 codified at Chapter 3.20 or 53 codified at Chapter 12.04 but shall be concurrent therewith with an extension of the powers to collect local improvement assessments for the purposes provided in the ordinance and such assessments, when made, shall have all the priorities as to lien rights as are provided in the case of local improvement assessments under Ordinance 46 codified at Chapter 3.20. (Ord. 76 § 7, 1927)