Chapter 11.25


Article I. Sidewalks and Crosswalks

11.25.010    Petition.

11.25.020    Material.

11.25.030    Expense of owner.

11.25.035    Abutting property owner(s) to maintain sidewalks.

11.25.040    Crosswalks.

11.25.050    Grammatical construction.

Article II. Construction and Repair of Sidewalks

11.25.060    Repealed.

11.25.065    Standards for sidewalk construction.

11.25.070    Consent.

11.25.075    Property owners responsible for sidewalk repairs.

11.25.080    Violation – Civil penalty.

11.25.085    Hazardous conditions on rights-of-way.

11.25.090    Property owner liability.

11.25.095    Enforcement.

Article I. Sidewalks and Crosswalks

11.25.010 Petition.

Whenever the owners or occupants of lots adjacent to any proposed line of sidewalk shall petition the council for the building and construction of such line of sidewalk, the council, by ordinance, may provide for the building and construction of the same. [Ord. 11 § 1, 1889.]

11.25.020 Material.

Any proposed line of sidewalk shall be built of such material and in such manner as by ordinance may be prescribed. [Ord. 11 § 2, 1889.]

11.25.030 Expense of owner.

The sidewalk adjacent to any lot shall be built by the owner or occupant of the lot at his own expense within 30 days from the publication of the ordinance providing for the building of the same, and if not so built, the council shall cause the same to be built at the expense of the owner or occupant thereof. [Ord. 11 § 3, 1889.]

11.25.035 Abutting property owner(s) to maintain sidewalks.

It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects, including but not limited to ice, snow, and mud. [Ord. 775 § 1, 2000.]

11.25.040 Crosswalks.

All crosswalks or street crossings shall be built as the council may direct at the expense of the town. [Ord. 11 § 4, 1889.]

11.25.050 Grammatical construction.

Words used in this article importing the singular number only may also be applied to the plural of persons and things, and words importing the masculine gender only may be applied to the female also. [Ord. 11 § 5, 1889.]

Article II. Construction and
Repair of Sidewalks

11.25.060 Specifications.

Repealed by Ord. 775. [Ord. 192 § 1, 1915.]

11.25.065 Standards for sidewalk construction.

All sidewalks constructed, maintained, repaired, or improved under this chapter shall conform to established grade, materials, and standards established by the town, shall conform to ADA criteria for new or reconstructed sections, and shall be subject to approval by the public works director. Information concerning grade, materials, and standards shall be available to property owners upon request. [Ord. 775 § 2, 2000.]

11.25.070 Consent.

It shall be unlawful for any person to repair or renew any sidewalk now on said street between the points set forth in LCMC 11.25.060, without first obtaining the consent of the town council of the town of La Conner to do so. [Ord. 192 § 2, 1915.]

11.25.075 Property owners responsible for sidewalk repairs.

Whenever a sidewalk or portion of a sidewalk has become unfit or unsafe for travel due to the direct or indirect action of the adjoining property owner and the town council by resolution finds that the improvement of the sidewalk is necessary for public safety and convenience, the town may require the owner of the property directly abutting upon such portion to perform the necessary improvements. [Ord. 775 § 3, 2000.]

11.25.080 Violation – Civil penalty.

Any sidewalks hereafter erected and constructed other than as provided in this chapter shall be a public nuisance, and any person erecting and constructing any sidewalk in violation of the provisions of this article or repairing or renewing any old sidewalks in violation hereof shall be deemed guilty of a civil infraction and be subject to a civil penalty as set forth and established in Chapter 1.15 LCMC; and upon failure of such person to remove any sidewalk constructed in violation of this article upon five days’ notice to do so, the town authorities may remove the same or cause same to be removed and recoup costs thereof from the person or persons by a civil action. [Ord. 839 § 25, 2001; Ord. 192 § 3, 1915.]

11.25.085 Hazardous conditions on rights-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 right-of-way or alley in the town to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way any condition, structure, or object dangerous or hazardous to the use of said right-of-way, including but not limited to the following conditions:

(1) Defective sidewalk surfaces, including but not limited to broken or cracked cement and depressions within or between sidewalk joints.

(2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks.

(3) Defects in public sidewalks caused or contributed by the roots of trees or similar growth or vegetation located either on private adjoining property or on any portion of street or alley rights-of-way.

(4) Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over such public sidewalks or rights-of-way.

(5) Defects resulting from the accumulation of ice and/or snow on public sidewalks.

(6) Defects consisting of foreign matter on public sidewalks, including but not limited to gravel, oil, grease, or any other foreign matter that may cause pedestrians using said sidewalk to fall, stumble, slip, or otherwise become injured. [Ord. 775 § 4, 2000.]

11.25.090 Property owner liability.

In the event of an injury, claim, or damage to any person and/or property proximately caused by the defective condition of any sidewalk hereinabove specified, or by the lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner shall be liable therefor including liability to the town for all damage, injury, costs, and expenditures including court costs and attorney’s fees, which the town may be required to pay to incur to any person injured or property damaged as aforesaid. [Ord. 775 § 5, 2000.]

11.25.095 Enforcement.

Members of the police, public works, and/or planning departments shall enforce this chapter. If any property owners fail or refuse to follow and adhere to the regulations herein contained and/or abate such nuisance as defined herein, the town council may, after a report is filed therewith by an enforcing officer, abate the same as provided in Chapter 7.10 LCMC. [Ord. 775 § 6, 2000.]