Chapter 14.01
Construction and Maintenance
Sections:
14.01.001 Property owner duty--City power.
14.01.020 Inspection and identification of defective sidewalks.
14.01.030 Sidewalk defect definitions and repair criteria.
14.01.040 Notice to repair defective sidewalk.
14.01.060 Resolution and notice of required repairs.
14.01.070 Notice to describe property and repairs.
14.01.080 Notification and publication.
14.01.090 Assessment roll hearing--Notice confirmation--Appeal.
14.01.100 Method of payment of assessments.
14.01.110 Collection of assessments.
14.01.001 Property owner duty--City power.
It is the duty of the owner or occupant of property abutting any street in the City to keep in good repair the sidewalk, driveway, and parking strip in front of the property. The City shall have the power and authority to determine the grade and width of all sidewalks, the material to be used, and the specifications for the repair thereof, upon any street or part thereof, or within any district in the City. (Ord. 15-987 § 2).
14.01.005 Definitions.
For the purposes of this chapter, certain words are defined as follows:
(a) “Abutting property” means all property having a frontage upon the sides or margin of any street.
(b) “Driveway” means a privately maintained access to residential, commercial, or industrial properties.
(c) “Sidewalk” means any structure or form of public street improvement included in the space between the street margin and the roadway or, in some cases, the back of sidewalk, excepting driveways.
(d) “Street” means any public boulevard, avenue, street, alley, way, lane, square, or place. (Ord. 15-987 § 2).
14.01.010 Regulations governing construction, maintenance, and repair of sidewalks, curbs, driveways and parking strips.
Driveways shall be constructed in accordance with Section 3.1 of the City’s Public Works Standards, adopted as Ordinance 11-923 on September 13, 2011. Sidewalks, curbs, and gutters shall be constructed in accordance with Section 3.2 of the City’s Public Works Standards, adopted as Ordinance 11-923 on September 13, 2011. It shall be unlawful for any person to cause or permit any work to be done which violates or does not conform to the Public Works Standards. (Ord. 15-987 § 2).
14.01.020 Inspection and identification of defective sidewalks.
(a) For purposes of sidewalk inspection, the City of DuPont is divided into four geographical areas, as follows:
(1) Zone 1: Historic Village, Edmond Village, Bell Hill;
(2) Zone 2: Palisade Village, Commercial District;
(3) Zone 3: Yehle Village;
(4) Zone 4: Hoffman Hill Village.
A map of the geographical areas is available for public viewing at City Hall during regular business hours, or by request from the City Clerk.
(b) Annually, the City inspects the sidewalks in one of the four areas defined above (each area is inspected every four years) to identify whether sidewalk repairs are necessary. The inspection and identification of needed repairs are in accordance with the defect definitions and repair criteria outlined in DMC 14.01.030.
(c) The City sidewalk inspector completes a sidewalk inspection report for each property and uses orange paint to mark the sidewalk panels that contain one or more of the defects outlined in DMC 14.01.030. In addition, the inspector provides a copy of the completed sidewalk inspection report to the property owner within 30 days of the completion of the annual inspections.
(d) Only sidewalks are inspected. The parkway, driveway approaches, water stop boxes located outside of the sidewalk, and other appurtenances are not inspected.
(e) In addition to annual inspections, the City inspects sidewalks upon receipt of a complaint from the public.
(f) Whenever an inspection determines that a sidewalk is unsafe or unfit for public use, or whenever it appears necessary or advisable that a new sidewalk be constructed, or an old sidewalk replaced or repaired, or an obstruction removed, the Council may by resolution order the work done at the expense of the owner or occupants of the abutting property.
(1) Notice shall be given to such owner or occupants, and procedure shall be followed as specified in Chapters 35.68, 35.69, and 35.70 RCW.
(2) Nothing contained in this section shall be construed to prohibit or limit the right of citizens or of the City to initiate sidewalk improvements by means of a local improvement district. (Ord. 15-987 § 2).
14.01.030 Sidewalk defect definitions and repair criteria.
(a) All breaks in or removals of sidewalk or curbing shall be promptly repaired or replaced according to the specifications of the City and subject to inspection and approval by the City. During the time any sidewalk or curb is removed or broken, the person responsible shall make, provide or install such temporary repairs, markings, barricades, warning signs and the like as may be necessary to render the sidewalk safe and to prevent injury.
(b) Defect Definitions.
(1) Type A Defect--Step Separation. The sidewalk is displaced with a vertical edge of one inch or more. (Figure 1)
(2) Type B1 Defect--Grade Change, Raised.The sidewalk is raised forming a peak, and the peak is three inches or more higher than the level of grade of the adjoining sidewalk four feet in either direction or has a drainageway formed into the surface. (Figure 2)
(3) Type B2 Defect--Grade Change, Depressed. The sidewalk has subsided more than three inches from the level of grade of the adjoining sidewalk four feet in either direction, or ponds water or collects debris. (Figure 3)
(4) Type C1 Defect--Fractured and Missing Sidewalk Material. The sidewalk is cracked (fractured) into four or more pieces. (Figure 4)
(5) Type C2 Defect--Missing Sidewalk Material. The sidewalk is missing three pieces or fewer, with each piece greater than four square inches. (Figure 5)
(6) Type D1 Defect--Spalling of Surface. The sidewalk has spalled over 75 percent of the surface or has a depth of one inch at any point within a spalled area of any size or has loose material over 50 percent or more of the sidewalk area. (Figure 6)
(7) Type E1 Defect--Cracking and Horizontal Separation. The sidewalk has horizontal separations within a panel equal to or greater than one inch or greater than one inch at the sidewalk joints. (Figure 7)
(8) Type F Defect--Camber. The cross slope of the sidewalk exceeds more than one inch per foot. (Figure 8)
FIGURE 1:
FIGURE 2:
FIGURE 3:
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FIGURE 5:
FIGURE 6:
FIGURE 7:
FIGURE 8:
(Ord. 15-987 § 2).
14.01.040 Notice to repair defective sidewalk.
Whenever the City is notified, either by the public or through the annual sidewalk inspection, that a defective sidewalk exists, the Public Works Director or his/her designee shall cause a notice to be sent to the legal owner of the abutting property. The notice shall describe the location of the deficient condition and state that the property owner has 60 days to obtain a public works permit and complete said repairs to the specifications of the City and subject to inspection and approval by the City. (Ord. 15-987 § 2).
14.01.050 Permit required.
Persons desiring to repair any sidewalk abutting their property shall make application in writing to the City’s Public Works Department. Such application shall contain the exact location of the proposed repair. No repairs shall be made until the City has issued the appropriate permit. The permit shall prescribe the kind of repair to be made, the material to be used, and specifications therefor. (Ord. 15-987 § 2).
14.01.060 Resolution and notice of required repairs.
Whenever in the judgment of the Public Works Director the public convenience or safety requires that a sidewalk be repaired, and the abutting property owner has not complied with the notice required in DMC 14.01.040, the Public Works Director shall report the fact to the City Council and if the Council deems the repairs to be necessary for the public convenience or safety, it shall, by resolution, order said repairs and shall cause a notice in writing to be served on the owner of each lot, block, or parcel of land abutting upon that portion of the street where such repairs are to be made and requiring that such repairs be constructed in accordance with such resolution. (Ord. 15-987 § 2).
14.01.070 Notice to describe property and repairs.
The resolution and notice provided for in DMC 14.01.060 shall describe each lot, block, or parcel of land immediately abutting on that portion of the street where said repairs are to be made, and shall specify the kind of repairs required, the method and material to be used, and an estimate of the cost thereof. The notice shall state that unless the repairs are made in compliance with the notice and within the time specified therein, the City will make the repairs and the cost and expense thereof shall be assessed against the abutting property owner. (Ord. 15-987 § 2).
14.01.080 Notification and publication.
If all or any portion of the repairs are to be assessed against the abutting property owner or if the abutting property owner is required to construct the repairs, the resolution shall fix the time from and after its passage, and a place for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper of the City and a notice of such hearing shall be given each owner or reputed owner of the abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the County Treasurer, at the address shown thereon, a notice of the date of hearing. The mailing shall be at least 10 days before the date fixed for the hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk before the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of the hearing, the Council shall hear persons who appear for or against the repairs, and shall determine whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. (Ord. 15-987 § 2).
14.01.090 Assessment roll hearing--Notice confirmation--Appeal.
Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the Public Works Director or his or her designee, which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk and, when so filed, the Council shall by resolution fix the date for hearing thereon and direct the Clerk to give notice of such hearing and the time and place thereof. The notice of the hearing shall be mailed to the person whose name appears on the County Treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper of the City. The notice shall be mailed and first publication made at least 10 days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City Clerk before the date fixed for the hearing. Following the hearing, the City Council shall by ordinance affirm, modify, reject or order recasting of the assessment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll by Chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended. (Ord. 15-987 § 2).
14.01.100 Method of payment of assessments.
The City Council shall by resolution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the City Council may by resolution provide for interest on unpaid installments and fix the rate thereof. (Ord. 15-987 § 2).
14.01.110 Collection of assessments.
The assessment roll as affirmed or modified by the City Council shall be filed with the City Finance Office for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of 30 days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended. (Ord. 15-987 § 2).
14.01.120 Penalties.
Any person in violation of this chapter is subject to a civil fine pursuant to DMC 1.17.110. Each day during which a violation of any of the above sections occurs constitutes a separate infraction. (Ord. 15-987 § 2).