Chapter 12.08
SIDEWALKS AND ROADSIDES*
Sections:
12.08.010 Defective and dangerous conditions.
12.08.020 Liability of abutting property owner.
12.08.030 Sidewalk repair and maintenance.
12.08.040 City assistance with removal of defective sidewalk.
12.08.050 Notice to abate dangerous conditions.
12.08.060 Procedure for abatement – Cost of abatement made a lien.
12.08.070 Costs of abatement – Determination.
12.08.080 Sidewalk change and relocation.
12.08.090 Penalty for violation.
* Code reviser’s note: For provisions on riding on sidewalks, see Chapter 10.40 OMC.
12.08.010 Defective and dangerous conditions.
It is unlawful for the owner and/or any person, firm or corporation 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 the right-of-way located between the curbline or, if there is not curbline, 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 the 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 stub-toes, depressions within or between sidewalk joints;
B. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between the cement surfaces and the public sidewalks, including stub-toes or depressions at the junction;
C. Defects in sidewalks or public ways caused 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 curbline and the sidewalk or, if there is no curbline, 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 resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the edge of the traveled portion of the street roadway and the abutting property line;
G. Defects consisting of foreign matter on the public sidewalk, including but not limited to gravel, oil, grease or any other foreign matter that may cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
H. Defective handrails or fences or other similar structures within or immediately adjacent to the right-of-way area. (Ord. 393 § 1, 1970)
12.08.020 Liability of abutting property owner.
In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as specified in OMC 12.08.010, or by the presence or accumulation of snow or ice thereon, or by lack or proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the city for all damage, injury, costs and disbursements including court costs and attorney’s fees, which the city may be required to pay or to incur to any person injured or property damaged as provided in this section. (Ord. 393 § 2, 1970)
12.08.030 Sidewalk repair and maintenance.
Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of the sidewalk, including the erection and maintenance of suitable barriers along the outer margin of the sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work is to be duly inspected and approved by the building inspector of the city. (Ord. 393 § 3, 1970)
12.08.040 City assistance with removal of defective sidewalk.
At the request of an abutting property owner, the city may, depending on budgetary constraints and manpower availability, assist with demolition and removal of defective and/or substantially deteriorated sidewalks; provided, that immediately thereafter the abutting property owner repair and/or replace the sidewalk so removed, at the property owner’s expense, according to the provisions of OMC 12.08.030. (Ord. 733 § 1, 1990)
12.08.050 Notice to abate dangerous conditions.
In the event that the city superintendent determines that one or more of the dangerous conditions enumerated in OMC 12.08.010 presents an immediate and substantial danger to the general public, the city superintendent shall cause written notice to be served either personally or by certified mail, return receipt requested, upon the abutting property owner, or if the owner cannot be located, upon the agent having the care or control of the premises upon which the hazardous condition exists. The notice required by this section shall state:
A. The description of the property upon which the hazardous conditions exists;
B. The specific nature of the hazardous condition;
C. The specific provisions of this chapter alleged to be violated;
D. The date by which the violating condition is to be abated, which date shall not be more than 60 days after receipt of such notice by the abutting property owner;
E. That if the hazardous condition has not been remedied by the abutting property owner prior to the date set forth in the notice, then the city superintendent will bring this matter before the city council, upon a date also specified in the notice, and shall request the city council adopt a resolution authorizing the city superintendent to cause removal and replacement of the hazardous condition; and
F. That should the city superintendent cause abatement of the hazardous condition, the cost thereof incurred by the city shall become a charge against said property as provided for in RCW 35.21.310 as that section of state law now exists or may hereafter be amended. (Ord. 733 § 1, 1990)
12.08.060 Procedure for abatement – Cost of abatement made a lien.
In the event the city superintendent provides notice as provided in OMC 12.08.050 and the hazardous condition has not been remedied by the abutting property owner within the time period set forth in the notice, the city superintendent shall bring this matter before the city council to pass a resolution authorizing the city superintendent to cause abatement of the hazardous condition, city superintendent shall abate the hazardous condition as reasonably necessary and the cost thereof incurred by the city shall become a charge against the owner of the abutting property. (Ord. 733 § 1, 1990)
12.08.070 Costs of abatement – Determination.
The city superintendent shall keep records of the cost and expense to the city related to the abatement of the hazardous condition pursuant to this chapter and shall present to the city council a statement of costs and expenses incurred by the city. The city council shall, by resolution, fix the costs of the abatement, including legal expenses, and the costs and charges shall become a charge against the owner of the abutting property and a lien against said abutting property pursuant to RCW 35.21.310 and may be enforced according to the terms of said statute. (Ord. 733 § 1, 1990)
12.08.080 Sidewalk change and relocation.
Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting their property shall make application in writing to the building inspector, and such application shall contain, among other items, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street. No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord. 733 § 2, 1990; Ord. 393 § 4, 1970)
12.08.090 Penalty for violation.
In the event any owner or agent to whom notice has been given pursuant to this chapter does not do or cause to be done the abatement of the hazardous condition as described in the notice within the time provided in said notice, in addition to other remedies provided in this chapter, said owner or agent may be charged in municipal court with a civil infraction, subject to a civil penalty not to exceed $500.00 upon conviction thereof. (Ord. 733 § 3, 1990; Ord. 393 § 5, 1970)