Chapter 11.08
CONSTRUCTION AND MAINTENANCE OF SIDEWALKS, CURBS AND PLANTING STRIPS*
Sections:
11.08.010 Construction—Owner’s expense—Materials—Parking strip plantings.
11.08.020 Construction or planting—Notice of intent—Permit.
11.08.030 Construction—Methods and materials.
11.08.040 Grade and alignment.
11.08.070 Obstructions—Regulations.
11.08.080 Notice to abate obstruction—Required.
11.08.110 Terms of notice to be fulfilled.
11.08.120 Confirmation of assessment.
11.08.130 Penalties for violations.
* Statutory provisions—See RCW Chapters 35.68, 35.69 and 35.70.
11.08.010 Construction—Owner’s expense—Materials—Parking strip plantings.
All sidewalks and curbs constructed within the corporate limits of the city shall be at the expense of the abutting property owners. All of such sidewalks and curbs shall be of concrete construction and no exception will be granted except by special permit of the city council.
All trees and shrubs planted in any planting strips shall thereupon become the absolute property of the city. The city reserves the right to designate what species of trees or shrubs may be planted, and where in such strips such plantings may be made. The care of trees, shrubs, and other vegetation within the planting strips shall be pursuant to the provisions of Chapter 11.20. (Ord. 1425 § 16 (a), 1999: Ord. 302, § 1; July 5, 1955).
11.08.020 Construction or planting—Notice of intent—Permit.
Any person desiring to construct, improve or repair any sidewalk or curb shall give written notice of such person’s intention to the city clerk who shall present such notice to the public works director for his approval or rejection.
Any permit granted shall be issued to the person in charge of the work and he/she shall be required to assume full responsibility for the protection of the public during the construction.
Any person desiring to plant any tree or shrub in any planting strip shall comply with the provisions of Chapter 11.20. (Ord. 1425 § 16 (b), 1999: Ord. 302 § 2; July 5, 1955).
11.08.030 Construction—Methods and materials.
All sidewalks and curbs shall be constructed in accordance with the standard plans and specifications as adopted by the city, titled “Street Improvement Standards,” and the American Public Works Association’s “Specifications for Concrete Sidewalks A.P.W.A. C-154” together with such revisions and amendments as may be made by the city; provided, however, that the city council does have authority by resolution to authorize different methods of construction of sidewalks and curbs which vary from such standard plans and specifications as set forth above if such city council upon receiving a written request and after a hearing in their council meeting, deem such just and proper. Provided further, however, that any new construction, repair or replacement of sidewalks in a block in which there are already existing sidewalks shall conform in width to those sidewalks already existing in such block and along the same street as the proposed new sidewalk construction, repair or replacement, so as to make the sidewalks in any one block and along any one street of actual width. (Ord. 302 § 3(a), as amended by Ord. 466; November 19, 1962).
11.08.040 Grade and alignment.
Sidewalks and curbs shall be set to such grades and alignment as the city shall direct. An inspection shall be made by the city after placement of forms and prior to pouring of concrete to see that such grade and alignment as designated has been adequately carried out. Any curb or sidewalk not constructed in accordance with instructions from the city may be condemned as defective and ordered replaced. (Ord. 302 § 3(b); July 5, 1955).
11.08.050 Inspection.
Any person upon receipt of permission to construct, repair or improve any sidewalk, curb, or planting strip, shall notify the city as to the exact date and time that the work will commence so that the city may make such inspections of the work as it deems necessary to see that the work is in accordance with city plans and specifications. (Ord. 302 § 3(c); July 5, 1955).
11.08.060 Interference.
Any person who shall interfere or hinder the progress, or damage the work, by walking, driving, moving stakes, marking, or throwing any object on or over the work; or shall permit any child or animal in his control or charge to do so, shall be guilty of a misdemeanor. (Ord. 302 § 3(d); July 5, 1955).
11.08.070 Obstructions—Regulations.
No person acting under the franchise granted or hereafter to be granted to any public utility corporation or public or semi-public body operating any public service shall place or cause to be placed any pole for the purpose of overhead structures in any parking or planting strip, if in the opinion of the city council such obstruction or pole could be practically placed in any alley, and this section shall apply to such poles as have become decayed or weakened, so that where possible, reconstructed works may be moved into the alleys during the process of reconstruction.
No person being the owner, occupant, or the agent for such owner or occupant, or person in actual charge of property abutting upon any part of the public right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, shall cause, maintain or permit thereon:
(a) Any refuse of any kind, nor the drippings of washings from any store or other abutting property to be deposited upon the above said portion of the public right-of-way; nor
(b) The planting or maintenance of any tree or shrub in any parking or planting strip, or other city property within thirty feet of the intersection of property lines at any street corner; nor
(c) Any tree or branch or limb thereof to overhang within one foot of any street or curb, or sidewalk, or any line thereof extended or otherwise designated by general use at a less height than eight feet; nor
(d) Any sidewalk to be or remain in a defective, dangerous, dirty or slippery, or obstructed condition; nor
(e) Maintain any awning or shade device where the same hangs over the sidewalk at a less height than seven and one-half feet; nor
(f) Any tree or branch or limb thereof to overhang on the street side of any sidewalk or, if there is no sidewalk present, over the traveled surface of the roadway at a height of less than fourteen feet above the street surface; nor
(g) Permit in any part of the public right-of-way defined above any growing or dead grass, weeds, shrubs, bushes, trees or other vegetation, or any other trash, litter, debris or waste that is a fire hazard or menace to public health, safety or welfare. (Ord. 1655 § 1, 2009; Ord. 1605 § 1, 2007: Ord. 302 § 3(e); July 5, 1955).
11.08.080 Notice to abate obstruction—Required.
Upon the public works superintendent being satisfied by inspection that any part of the public right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, is in fact in a condition prohibited by Section 11.08.070, or is otherwise a fire hazard or a menace to public health, safety or welfare, or is defective, dangerous or obstructed, he shall notify the owner of the abutting property to repair, reconstruct, replace, clean or remove such condition or obstruction and/or he shall proceed to abate the condition or obstruction pursuant to the provisions of Chapter 11.20. (Ord. 1605 § 2, 2007: Ord. 1425 § 16 (c), 1999: Ord. 302 § 3(f); July 5, 1955).
11.08.090 Notice in writing.
Such notice shall be in writing and shall specify the precise location, and state the legal description of the abutting property so concerned and the owner’s name, and shall state the nature of the deficiency to be removed and the time granted for such removal and that should not such removal be accomplished, the city will by contract or with its own employees proceed to make such improvement, and assess the cost of so doing and all legal professional charges incidental thereto against the property.
Such notice shall further state that the street superintendent shall present to the city council after the completion of the work, an assessment roll showing by legal description the lot or parcel abutting such improvement, the cost and expenses of such improvement and the name of the owner. The council will proceed to hear any and all protests against the assessment, and confirm, alter, revise or set aside such roll as may in their judgment be just, and any assessment so made shall be and become a lien upon such property and shall be collected by due process of the law. (Ord. 302 § 3(g); July 5, 1955).
11.08.100 Service of notice.
Such notice shall be served by the chief of police or any of his deputies upon the owner of the property personally if he or she can be found, or if not, then upon the agent for the owner if any be found in the city. If the owner be absent and has not attached to the property a legible notice stating his name and address or that of his agent, then the person or persons found to be physically and actually in charge of and upon the property shall be deemed to be the agent of the owner, and if no personal service be possible within the city, or the premises be closed, then good and sufficient service shall be had by firmly posting and attaching to the property a copy of the notice in a prominent place, and sending a copy by mail to the last mailing address of the owners known to the county treasurer. (Ord. 302 § 3(h), 1955).
11.08.110 Terms of notice to be fulfilled.
In the event the improvement specified in the notice is not carried out, it shall be the duty of the street superintendent to carry out the improvement with city employees and equipment, or by hiring extra help and rented equipment, by force account or by contract in the manner that may seem most expedient and economical in their opinion; and the superintendent shall keep careful accounting of all costs, including the wages and salaries of all city employees, and a just rental for all city equipment, and all legal and advertising costs; and the superintendent shall prepare and present to the council an assessment roll all in accordance with the terms of the notice in writing herein prescribed. (Ord. 302 § 3(i), 1955).
11.08.120 Confirmation of assessment.
When the council has heard all protests, considered and revised, altered or found true and confirmed such assessment by ordinance, it shall become a lien on the property described and shall be collected by due process of law. (Ord. 302 § 3(j), 1955).
11.08.130 Penalties for violations.
Any person, firm or corporation violating any provision of this chapter shall be found to have committed a civil infraction and any such person found to have committed such a civil infraction shall be assessed a monetary penalty, which penalty shall not exceed three hundred dollars for each offense. Each day during which a violation is committed or continued shall be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 1148 § 1, 1990: Ord. 302 § 6, 1955).
11.08.140 Severability.
In the event that any part, clause or sentence of this chapter be adjudged void, such decision shall not affect the validity of the rest of this chapter. (Ord. 302 § 5, 1955).