Chapter 12.04
SIDEWALK CONSTRUCTION*
Sections:
12.04.020 Costs of construction – Resolution of necessity.
12.04.030 Notice to repair – Service – Assessment and collection.
12.04.040 Abutting property defined.
12.04.045 Building permit required.
12.04.055 Construction standards – Inspection.
12.04.061 Unlawful damage or obstruction.
12.04.071 Abutting owner’s responsibility for maintenance.
12.04.081 Street right-of-way – Abutter’s duty.
12.04.091 Violation – Penalty.
12.04.100 Construction of chapter.
*For statutory provisions authorizing second class cities to establish and regulate city streets and sidewalks, see RCW 23.440(33)
12.04.005 Authority.
Pursuant to RCW 35.68.010 and subject to the requirements and standards of Chapters 35.68, 35.69 and 35.70 RCW as well as this chapter and Chapter 12.06 PMC, the city of Palouse is authorized to construct, reconstruct, and repair sidewalks, gutters and curbs along and driveways across sidewalks, and to pay the costs thereof from any available funds, or to require the abutting property owner to construct the improvements at the owner’s own cost or expense, or, subject to the limitations in RCW 35.69.020(2) and (3) and this chapter, to assess all or any portion of the costs thereof against the abutting property owner. [Ord. 747 §1, 2001].
12.04.010 Definitions.
A. The term “street” as used herein includes any public boulevard, avenue, street, alley, way, lane, square or place.
B. The term “sidewalk” includes any and all structures or forms of public street improvement included in the space between the street margin and the roadway. [Ord. 747 §2, 2001; Ord. 233 §1, 1931].
12.04.020 Costs of construction – Resolution of necessity.
Whenever a portion not longer than one block in length of any street in the city has become dangerous, defective, or hazardous, as prohibited in Chapter 12.04 PMC, for the purpose of public travel and such street adjacent to both ends of said portion is so improved and in good repair, and the city council by resolution finds that the improvement of such portion of a sidewalk by the reconstruction of a sidewalk thereon is necessary for public safety and convenience, the duty, burden and expense of reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion; provided, that such abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it by the Whitman County assessor for purposes of general taxation. [Ord. 747 §3, 2001; Ord. 233 §2, 1931].
12.04.030 Notice to repair – Service – Assessment and collection.
A. Whenever the city council has adopted a resolution as provided for in PMC 12.04.020, it shall cause a notice to be served on the owner of the property directly abutting on such portion of such street, instructing the owner to construct or reconstruct a sidewalk on such portion in accordance with the plans and specifications which shall be attached to such notice. The notice shall be deemed sufficiently served if delivered to the owner, or if left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to collect rentals on such property, or, if the owner is a nonresident of the state, by mailing a copy to the owner’s last known address, or if the owner is unknown or if the owner’s address is unknown, then by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. The notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the city will proceed to make it through the officer or department thereof charged with the inspection of sidewalks, and that such officer or department will report to the city council, at a subsequent date to be definitely stated in the notice, an assessment roll showing the lot or parcel of land directly abutting on such portion of the street so improved, the cost of the improvement, and the name of the owner, if known, and that the city council at the time stated in the notice or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment.
B. Upon the expiration of the time fixed within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the city may proceed to perform it, and the officer or department of the city performing the work shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street so improved, the cost of the work, and the name of the owner, if known. The city council shall, at the time such notice designated, or at an adjourned time or times, assess the cost of such improvement against said property and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property and shall be collected in the manner as is provided by law for collection of local improvements assessment under RCW Title 35. [Ord. 747 §4, 2001; Ord. 233 §3, 1931].
12.04.040 Abutting property defined.
For the purpose of this chapter, all property having a frontage upon the sides or margins of any right-of-way shall be deemed to be abutting property, and such property shall be chargeable, as provided herein, for all costs of reconstruction or any form of sidewalk improvement between the margin of said right-of-way and the roadway lying in front of and adjacent to said property. [Ord. 747 §5, 2001; Ord. 233 §4, 1931].
12.04.045 Building permit required.
A building permit shall be required for any sidewalk renewal or reconstruction work. The permit shall be issued without fee in accordance with the procedure for issuance of permits as set forth in PMC Title 15. [Ord. 556 §2, 1981].
12.04.055 Construction standards – Inspection.
The minimum construction standards for any sidewalks hereafter constructed or reconstructed as required under the provisions of this chapter are as follows:
A. Base. The surface over which the walk is to be laid shall be graded to template after being rolled or tamped firm. Any walk laid in an area where the subgrade is likely to be unstable, such as areas subject to periodic flooding, shall have a six-inch base of coarse two-inch minus crushed rock or gravel foundation; all other walks shall have a four inch base of the same material.
B. Forms. All side forms shall be rigid, bear the full length on the tamped subgrade, and shall extend to the depth of the finished walk. The forms shall be well staked, braced, or otherwise rigidly held to the true line of grade.
C. Slope. All walks shall slope from the curb up to the building or property lying parallel with the curb on a rise of at least one-eighth inch in every 12 inches, except slope shall be modified as necessary to match adjoining sections of existing sidewalks.
D. Concrete. All new walks shall be constructed of concrete at least four inches thick. The concrete shall be a minimum five-sack mix.
E. Surface. New or renewed sidewalk surfaces shall be float-finished. Then, as soon as the surface has hardened sufficiently, it shall be broomed perpendicular to the centerline of the walk using successive, overlapping strokes running the full width of the walk. When completed, the surface must be free of porous spots, irregularities, depressions, pockets, and rough spots. The edges and sides of joints shall be finished with a suitable edging tool.
F. Expansion Joints. Any new or reconstructed sidewalk shall be finished with expansion joints at least every 12 feet. These joints shall extend through the walk and shall be filled with one-half-inch joint material.
All finished sidewalks must be inspected and meet the approval of the city building inspector as being in compliance with the standards set forth in subsections (A) through (F) of this section. [Ord. 556 §3, 1981].
12.04.061 Unlawful damage or obstruction.
It is unlawful for any person to drive or propel any motor vehicle along, over or across any sidewalk or curb within the city, or to tear up, break or remove any sidewalk, gutter or curb, or part thereof, except for the purpose of maintaining, repairing or replacing the same; or to place, maintain or permit any obstruction on, under, over or across any sidewalk, which restricts or impairs the full and free use thereof by the public unless said obstruction is expressly permitted by the city in accord with the municipal code; or to create, cause, maintain or permit any condition to exist which renders any sidewalk, curb, parking strip or driveway across any sidewalk unfit or unsafe for the use by the general public. [Ord. 747 §6, 2001].
12.04.071 Abutting owner’s responsibility for maintenance.
It shall be the duty of the owner or occupant of abutting property to keep the sidewalk, curb, gutter, parking strip and any driveway access to the same in good repair at the owner’s own expense, and to remove or correct any condition which renders any such sidewalk, curb, gutter, parking strip or driveway unsafe or unfit for use, including snow, ice or obstructions of any kind, natural or artificial. [Ord. 747 §7, 2001].
12.04.081 Street right-of-way – Abutter’s duty.
It shall be unlawful for the owner and/or person, firm, or corporation occupying or having charge or control of any premises abutting upon any street, alley, or other public right-of-way within the city to construct, place, cause, create, maintain or permit to remain upon any part of the right-of-way lying between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line, any object, structure or condition dangerous or hazardous to the use of the right-of-way by the public, including but not limited to the following:
A. Defective sidewalk surfaces, including, but not limited to, broken concrete, and/or depressions within or between sidewalk joints, commonly known as toe-stubs;
B. Defective concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said concrete surfaces and the public sidewalks, including depressions at the junction, commonly known as toe-stubs;
C. Defects in sidewalks or public ways caused or contributed to by the roots of trees located either on private property or on the parking strip portion of the street right-of-way;
D. Defective conditions caused by tree limbs, foliage, brush or grass on or extending over the public sidewalks;
E. Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then 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 the accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway on the abutting property line;
G. Defects consisting of foreign matter on the public sidewalks including but not limited to gravel and oil thereon;
H. Defective handrails or fences or similar structures within or immediately adjacent to the right-of-way area. [Ord. 747 §8, 2001].
12.04.091 Violation – Penalty.
Any person convicted of violating PMC 12.04.061 through 12.04.081 shall be guilty of a civil infraction and shall be fined $25.00 for the first offense. The fine imposed for each such subsequent infraction shall be double the previous fine (e.g., second infraction $50.00, third infraction $100.00, etc.) up to a maximum of $500.00. [Ord. 747 §9, 2001].
12.04.100 Construction of chapter.
Nothing in this chapter shall be construed to limit or repeal any existing powers of the city of Palouse with reference to the construction or reconstruction of sidewalks or the improvement or maintenance of streets, but the power and authority herein set forth is to be exercised concurrent with or in extension of powers and authority now existing. This chapter is intended to implement the provisions of and comply with the provisions of RCW 35.68.010 and 35.69.010 through 35.69.050 of the laws of the state of Washington, which laws are, insofar as they are applicable and appropriate, herein incorporated by reference. [Ord. 747 §10, 2001].