Chapter 12.12
SIDEWALKS1

Sections:

12.12.005    Standards.

12.12.010    Repealed.

12.12.020    Condition – Owner responsibility.

12.12.030    Improvement – Cost responsibility and assessment.

12.12.040    Improvement resolution – Hearing.

12.12.050    Improvement – Failure to complete.

12.12.060    Repealed.

12.12.070    Snow removal – Owner responsibility.

12.12.080    Snow removal – Violation – Penalty.

12.12.090    Snow removal – Cost assessment.

12.12.100    Trees, shrubs or hedges – Limits near street corner.

12.12.110    Trees, shrubs or hedges – Existing – Limits.

12.12.120    Trees, shrubs or hedges – New planting or construction.

12.12.130    City supervisor – Authority.

12.12.140    Violation – Penalty.

12.12.005 Standards.

Any sidewalks hereafter laid within the city shall comply with the standards as set forth in Title 25 of the Chelan Municipal Code, as now exists or as may be hereafter amended. (Ord. 1109 § 4, 1998).

12.12.010 Laying – Distance from lots.

Repealed by Ord. 1109. (Ord. 33 § 1, 1904).

12.12.020 Condition – Owner responsibility.

It shall be the duty of the owner of the abutting or adjacent property to keep all sidewalks abutting or adjacent to his property in a safe condition. (Ord. 232 § 1, 1951).

12.12.030 Improvement – Cost responsibility and assessment.

If the council determines that any sidewalk in the city is in an unsafe condition it shall by resolution so find; which resolution shall state that the costs of improvement thereof shall be borne by the owner of the abutting or adjacent property. The resolution shall further specify the time within which the improvement shall be commenced and completed and further that if the improvement is not undertaken and completed within the time specified that the city will perform or complete the improvement and assess the cost against the abutting or adjacent property. (Ord. 232 § 2, 1951).

12.12.040 Improvement resolution – Hearing.

A hearing shall be had on said resolution at such time and place as provided in said resolution after notice thereof is given to the property owner as provided in Chapter 177 of the Laws 1949 of the state of Washington. (Ord. 232 § 3, 1951).

12.12.050 Improvement – Failure to complete.

If the property owner fails to complete the improvement within the time specified, the city shall complete the improvement as provided in Chapter 177 of the Laws of 1949 of the state of Washington and shall assess the cost thereof against the abutting or adjacent property and the said assessment shall earn interest at the rate of six percent per annum simple interest beginning thirty days after the date of the assessment, and the lien for said assessment and interest may be foreclosed in the same manner, and with the same effect as is provided by Chapters 98, Laws of 1911, of the state of Washington, as amended and as hereafter amended. (Ord. 232 § 4, 1951).

12.12.060 Concrete specifications.

Repealed by Ord. 1109. (Ord. 232 § 5, 1951).

12.12.070 Snow removal – Owner responsibility.

Every owner or occupant of any house, or other building, and the owner or proprietor, lessee, or person entitled to the possession of any vacant lot or block, and every person having charge of any church, public hall or public building within the city, shall, during the winter season, and during the times now shall continue on the ground, by nine a.m. on every day after the snowfall, and whenever necessary, clear the sidewalks in front of such house, church, jail, public hall or public building, and in front of such vacant lot or block, from snow and ice, and shall keep them conveniently free therefrom during the day; or shall, in case the snow and ice are so congealed that they cannot be removed without injury to such sidewalk, cause the said snow and ice to be strewed with ashes or sand, and also at all times keep such sidewalks clear and free from all dirt, filth or other obstruction or encumbrances so as to allow citizens to use the said sidewalks in a safe and commodious manner. (Ord. 283 § 1, 1956).

12.12.080 Snow removal – Violation – Penalty.

Every person neglecting or refusing to comply with the provisions of Section 12.12.070 shall, upon conviction, be fined in any sum not exceeding twenty-five dollars, and not less than five dollars and the costs of prosecution. (Ord. 283 § 2, 1956).

12.12.090 Snow removal – Cost assessment.

Whenever any person shall neglect or refuse to comply with Section 12.12.070, the city supervisor shall cause all such snow and ice and other obstructions to be removed and shall report the same, together with verified vouchers of the cost of such removal, to the council, and said cost shall be assessed upon the lot, block or property abutting upon the sidewalk from which said snow and ice or other substances are removed, and said council shall make a special assessment for the same in the same manner as special assessments are made for grading streets, and said assessments shall be a lien upon said lot, block or other property, and shall be collected as other special assessments are collected. (Ord. 283 § 3, 1956).

12.12.100 Trees, shrubs or hedges – Limits near street corner.

It is unlawful for the owner or occupant of any property in the city to permit to be upon said property, or plant any new tree or shrub within a distance of twenty-five feet set back from any street corner when same are planted parallel to said street; unless said tree, shrub or hedge is kept trimmed to a maximum of three feet in height. (Ord. 288 § 1, 1957).

12.12.110 Trees, shrubs or hedges – Existing – Limits.

It is unlawful for the owner or occupant of any property in the city to permit to be or remain in or upon said property any old tree or shrub that is now planted within a fifteen foot distance of any street corner without having all branches and limbs trimmed to a height of eight feet from the ground to permit good visibility at said street corners. (Ord. 288 § 2, 1957).

12.12.120 Trees, shrubs or hedges – New planting or construction.

It is unlawful for the owner or occupant of any property in the city to hereafter place, plant, maintain or construct any object, plant, tree or shrub, wall or fence of more than three feet in height from the ground for a distance of twenty-five feet from any street corner in order to permit good visibility at said street corners and intersections. (Ord. 288 § 3, 1957).

12.12.130 City supervisor – Authority.

The city supervisor or any employee of the city authorized by said supervisor shall have the right at any time to cut any tree or shrub, or any part thereof, permitted to grow or be in violation of any of the provisions of this chapter. (Ord. 288 § 4, 1957).

12.12.140 Violation – Penalty.

Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than one hundred dollars or imprisonment of not to exceed thirty days, or both such fine and imprisonment. (Ord. 288 § 5, 1957).


1

For statutory provisions concerning the removal of obstructing vegetation, see RCW 35.21.310.