Chapter 12.04
SIDEWALK REPAIR AND MAINTENANCE
Sections:
12.04.030 Responsibility and duty to maintain, repair and reconstruct planting strips.
12.04.040 Responsibility and duty to maintain, repair and reconstruct transition strips.
12.04.060 Hazardous conditions on public street right-of-way.
12.04.010 Purpose.
This chapter is enacted to implement chapter 35.70 RCW in the city of Burlington with respect to sidewalk repairs and to clarify the responsibility of the abutting property owners for maintenance of planting strips and transition strips. (Ord. 1549 § 1, 2004).
12.04.020 Definitions.
“Maintenance” means the removal and disposal of debris, litter and vegetation which tends to impair the utilization of the right-of-way for public purposes and the removal of ice and snow from sidewalks.
“Planting strip” means that portion of the right-of-way between the outside of the curb and the inside of the sidewalk.
“Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls or rockeries lying within the right-of-way, and planting strips and transition strips with like materials, each such damaged portions not exceeding 150 square inches in area. Larger areas shall be classified as reconstruction.
“Sidewalk” means 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.
“Street” means street, boulevard, lane, avenue, way, alley, square, road, drive, place or public walkway.
“Transition strip” means that portion of the right-of-way between the outside of the curb and the property line; or where no curb or sidewalk exists, that portion of the right-of-way between the edge of the roadside ditch or the shoulder of the road, whichever is closer to the abutting property line, and the abutting property line. (Ord. 1549 § 1, 2004).
12.04.030 Responsibility and duty to maintain, repair and reconstruct planting strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent planting strips in an attractive and safe manner. Planting strips shall be maintained, repaired or reconstructed with an approved material and free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Nonliving material shall be level with the top of the curb and the sidewalk and shall be contained within the planting strip so as not to be a hazard to the persons using the sidewalk or street or crossing the strip going to or from a vehicle. Living vegetation exclusive of street trees placed in the planting strip shall be of a height that does not interfere with the lawful and safe use of the public right-of-way and shall be maintained by weeding, spraying, fertilizing, watering and trimming. Street tree species and root barriers shall be approved by the planning department to ensure that the species will fit in the space provided. The plans for the planting strip shall be submitted to the permit center for review by the planning and public works departments. Approval of all materials and design is required prior to the installation of materials within the planting strip. (Ord. 1549 § 1, 2004).
12.04.040 Responsibility and duty to maintain, repair and reconstruct transition strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent transition strips in an attractive and safe manner, free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Nonliving material shall be contained within the transition strip so as not to be a hazard to the persons using the sidewalk or street. Living vegetation placed in the transition strip shall be maintained by weeding, spraying, fertilizing, watering and trimming. Street tree species and root barriers shall be approved by the planning department to ensure that the species will fit in the space provided. The abutting property owner shall maintain, repair and reconstruct rockeries and retaining walls within the transition strip; provided, however, the city of Burlington shall repair and reconstruct all rockeries and retaining walls constructed under street projects which exceed an average height of six feet as measured from the base of the retaining wall or rockery. (Ord. 1549 § 1, 2004).
12.04.050 Responsibility for sidewalks and procedures and methods for maintenance, repair and/or reconstruction – Apportionment of costs.
A. The city is generally responsible for sidewalk maintenance and repair.
B. The city may construct, reconstruct or repair sidewalks and pay the costs thereof from any available funds, or the city may require the abutting property owner to construct the sidewalk improvement at his or her own cost or expense or, in the alternative, the city may assess all or any portion thereof against the abutting property owner. In the event the city requests an abutting property owner to undertake or pay for the improvement, it shall follow the procedures for resolution, notice and hearing on such improvements as set forth in applicable law.
C. Any person desiring to repair, change or relocate any sidewalk abutting their property shall make application in writing to the city permit center. Such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and location of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit; provided further, however, that the cost of reconstruction shall be borne solely by the abutting property owner without contribution from the city.
D. Property owners or tenants are responsible for repairing any damage that they cause. (Ord. 1549 § 1, 2004).
12.04.060 Hazardous conditions on public street right-of-way.
It shall be unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street right-of-way or alley in the city to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:
A. Defective sidewalk surfaces, including but not limited to broken or cracked cement concrete, stub-toes, depressions within or between sidewalk joints.
B. Defective cement concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said juncture.
C. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way.
D. Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over such public sidewalks or rights-of-way.
E. Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line.
F. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble, or slip by reason of the existence of such foreign matter.
G. Defective handrails or fences or similar structures within or immediately adjacent to said right-of-way area. (Ord. 1549 § 1, 2004).
12.04.070 Enforcement.
BMC Title 1 is hereby adopted by reference as the enforcement provisions for this chapter. (Ord. 1549 § 1, 2004).