Chapter 12.70
SIDEWALKS
Sections:
12.70.030 Abutting property owner to maintain sidewalk in safe condition.
12.70.040 Expense of maintenance and repair to be borne by abutting property and owner thereof.
12.70.050 Procedure to order construction or repair.
12.70.010 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare of the citizens of the city of Newcastle by the adoption of regulations concerning the maintenance and repair of sidewalks and street frontage improvements within public rights-of-way. (Ord. 2013-474 § 1).
12.70.020 Definitions.
Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section.
“Abutting property” includes all property having a frontage upon the margin of any street and/or public right-of-way.
“Sidewalk” includes any structure or form of street frontage improvement, including, but not limited to, landscape strip, street tree, or irrigation system, in the space between the back of the curb and the property line, known as the sidewalk area. (Ord. 2013-474 § 1).
12.70.030 Abutting property owner to maintain sidewalk in safe condition.
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 and snow, leaves, landscaping, overhanging tree limbs and branches, cracks, gaps, and defects. (Ord. 2013-474 § 1).
12.70.040 Expense of maintenance and repair to be borne by abutting property and owner thereof.
The burden and expense of maintaining sidewalks along the side of any street or other public place shall devolve upon and be borne by the owner of the property directly abutting thereon. The abutting property owner shall also be responsible for performing and paying for sidewalk repairs to the extent the need for repairs is caused by the actions or omissions of the abutting property owner. (Ord. 2013-474 § 1).
12.70.050 Procedure to order construction or repair.
A. If the judgment of the city engineer or the department of public works, public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, such fact shall be reported to the city council.
B. If upon receiving a report from the proper officer, the city council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public health, safety or welfare, the city council may then order such work to be done pursuant to the procedures established in Chapter 35.68, 35.69 or 35.70 RCW. The cost of such proposed sidewalk construction or sidewalk repair shall be borne by the abutting property owners in accordance with Chapter 35.68, 35.69 or 35.70 RCW. (Ord. 2013-474 § 1).