Chapter 12.05
SIDEWALK AND CURB CONSTRUCTION AND MAINTENANCE
Sections:
12.05.010 Construction standards.
12.05.020 Sidewalk width on specified business streets.
12.05.030 Sidewalk width on other business streets.
12.05.040 Sidewalk width on other streets.
12.05.050 Street right-of-way—Abutter’s duty.
12.05.060 Construction, maintenance, repair and reconstruction— Property owner’s duty.
12.05.080 Sidewalk cost reimbursement.
12.05.010 Construction standards.
All sidewalks and curbs in the city shall be constructed in full compliance with the construction standards adopted by the city council of the city together with all amendments and additions thereto. All sidewalks shall be constructed in the designated width as measured from the adjoining curb unless a variance is granted as set forth in Section 12.05.070. (Ord. 2160 § 1 (part), 2000).
12.05.020 Sidewalk width on specified business streets.
The sidewalks constructed and built on the following city streets or portions of such streets shall be twelve feet in width from the property line: Sixth Street, on both sides, from Dudley Avenue to Bennett Avenue; Seventh Street, on the west side, from Meade Avenue to Bennett Avenue; Meade Avenue, on the north side, from Sixth Street to Seventh Street; Bennett Avenue, on the south side, from Fifth Street to Seventh Street. (Ord. 2160 § 1 (part), 2000).
12.05.030 Sidewalk width on other business streets.
The sidewalks constructed and built on the following city streets or portions of such streets shall be eight feet in width from the property line: Seventh Street, on the east side, from Meade Avenue to Bennett Avenue; Meade Avenue, on both sides of the street from Fifth Street to Seventh Street, except for those portions described in Section 12.05.020; Bennett Avenue, on the east side, from Seventh Street to Eighth Street. (Ord. 2160 § 1 (part), 2000).
12.05.040 Sidewalk width on other streets.
All other sidewalks in the city shall be five feet in width which includes a curb six inches in width. (Ord. 2160 § 1 (part), 2000).
12.05.050 Street right-of-way—Abutter’s duty.
A. It is unlawful for the owner or any person, firm or corporation owning, occupying or having charge or control of any premises abutting upon any street, alley or other public way within the city to construct, place, cause, create, maintain, permit or suffer to remain upon any part of the right-of-way lying between the outside of the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and abutting property line, any thing, structure or condition dangerous or hazardous to the use of the right-of-way by the public, including but not limited to the following:
1. Defective sidewalk surfaces, including but not limited to, broken cement or stub toes and depressions within or between sidewalk joints;
2. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between such cement surfaces and the public sidewalks, including stub toes or depressions at the junction;
3. Defects in sidewalks or public ways caused or contributed to by the roots of trees located either on private adjoining property or on the parking strip portion of the street right-of-way;
4. Defective conditions caused by tree limbs, foliage, brush or grass extending over public sidewalks;
5. Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
6. Defects resulting from accumulation of snow and ice on public sidewalks or on the right-of-way 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;
7. Defects consisting of foreign matter on the public sidewalks including but not limited to gravel and oil;
8. Defective handrails or fences or other similar structures within or immediately adjacent to the right-of-way area;
9. Sidewalk having a strength of less than two thousand pounds per square foot, which shall be subject to testing by the city at any time.
B. Any person, firm or corporation violating any of the provisions of this section, upon conviction of such violation, shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars or imprisonment in jail for a period not to exceed one year, or both such fine and imprisonment. (Ord. 2160 § 1 (part), 2000).
12.05.060 Construction, maintenance, repair and reconstruction—Property owner’s duty.
A. If the city council finds the sidewalk and/or curb has become unfit or unsafe for purposes of public travel, according to city standards, and the city council desires to undertake the construction, reconstruction, maintenance or repair of the sidewalk, it shall first adopt a resolution which shall state whether the cost of the improvement shall be borne by the city or whether all or a specified portion shall be borne by the abutting property owner; or whether the abutting property owner is required to construct the improvement at his own expense. If the abutting property owner is required to construct the improvement, the resolution shall specify the time within which the construction shall be commenced and completed; and further that if the improvement or construction is not undertaken and completed within the time specified that the city will perform or complete the improvement and assess the cost against the abutting property owner, subject to the limitations of RCW 35.69.020 (2) and (3) as now codified or hereafter amended.
B. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for a hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of the hearing in the official newspaper of the city and a notice of the date of the hearing shall be given to each owner or reputed owner of the abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the Benton County treasurer, at the address shown thereon, which notice shall be given at least ten days before the date fixed for the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of the hearing the council shall hear persons who appear for or against the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner.
C. Where all or any portion of the costs are to be assessed against the abutting property, the assessments shall be collected in compliance with RCW 35.68.040 through 35.68.070. (Ord. 2160 § 1 (part), 2000).
12.05.070 Variances.
Any person seeking a variance from the requirements of Sections 12.05.010 through 12.05.040 shall make application for such variance to the city upon forms provided by the city. All applications shall comply with Title 19 and shall be heard and decided by the board of adjustment in accordance with Section 18.75.080. (Ord. 2160 § 1 (part), 2000).
12.05.080 Sidewalk cost reimbursement.
During any calendar year in which funding has been appropriated by the city council, the city may reimburse residential property owners who apply for reimbursement for the costs of materials used to repair or replace defective sidewalks abutting their properties. The total costs reimbursed to property owners may not exceed the amount appropriated by the city council in any one year. The public works director is authorized to make rules establishing the application process to be used in evaluating which applications should be funded, using objective criteria. In making rules, the public works director shall give preference to funding the repair to sidewalks that are most in need of repair and for which public improvements are not planned in the near future. The public works director may establish and execute reimbursement contracts to be used with property owners under the direction from the mayor. This section shall not be interpreted to lessen any of the duties of abutting property owners to repair sidewalks as provided for in this title. (Ord. 3086 § 1, 2019).