Chapter 11.20


11.20.010    Definitions.

11.20.020    Abutting property defined.

11.20.030    Unlawful damage or obstruction.

11.20.040    Abutting owner’s responsibility for maintenance.

11.20.050    Street right-of-way – Abutter’s duty.

11.20.060    Liability of abutter.

11.20.070    Resolution of necessity – Cost liability of abutting property.

11.20.080    Notice to owners – Service – Contents – Assessments – Collection.

11.20.085    Penalty.

11.20.090    Construction of chapter.

11.20.010 Definitions.

(1) The term “street” as used herein includes any public boulevard, avenue, street, alley, way, lane, square or place.

(2) 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. 2451 § 1, 1995; Ord. 2373 § 5, 1993; Ord. 1666 § 1, 1975).

11.20.020 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 construction or 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. 2373 § 5, 1993; Ord. 1666 § 1, 1975).

11.20.030 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 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. 2398 § 1, 1994; Ord. 2373 § 5, 1993; Ord. 1666 § 1, 1975).

11.20.040 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 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 obstruction of any kind, natural or artificial. (Ord. 2373 § 5, 1993; Ord. 1666 § 1, 1975).

11.20.050 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:

(1) Defective sidewalk surfaces, including, but not limited to, broken concrete, and/or depressions within or between sidewalk joints, commonly known as toe-stubs;

(2) 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;

(3) 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;

(4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over the 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 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 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 an the abutting property line;

(7) Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel and oil thereon;

(8) Defective handrails or fences or similar structures within or immediately adjacent to the right-of-way area. (Ord. 2373 § 5, 1993; Ord. 1666 § 1, 1975).

11.20.060 Liability of abutter.

(1) Whenever any injury or damage to any person or property shall be proximately caused by any of the dangerous, defective, or hazardous conditions prohibited by the provisions of PMC 11.20.040 and 11.20.050 above, the abutting property where the injury or damage occurs, and the owner and/or any person, firm, or corporation occupying or having charge or control of said abutting property, shall be liable to the city for all damages or injuries, costs and disbursements which the city may be required to pay to the person injured or damaged, which sums shall include all costs and attorney’s fees incurred by the city in defense of any action.

(2) The abutter shall have no liability in the event that the dangerous, defective or hazardous condition was caused, created or constructed by the city or its employees, and the condition created by the city is unchanged by any act or failure to act of the abutter. (Ord. 2373 § 5, 1993).

11.20.070 Resolution of necessity – Cost liability of abutting property.

Whenever a portion, not longer than one block in length, of any street in the city is not improved by the construction of sidewalk thereon, or the sidewalk thereon has become dangerous, defective, or hazardous as prohibited in PMC 11.20.040 and 11.20.050 for the purpose of public travel and such street adjacent to both ends of said portion is improved and in good repair, and the city council by resolution finds that the improvement of such portion of a sidewalk by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden and expense of constructing or 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 Pierce County assessor for purposes of general taxation. (Ord. 2373 § 5, 1993).

11.20.080 Notice to owners – Service – Contents – Assessments – Collection.

Whenever the city council has adopted a resolution as provided for in PMC 11.20.070, 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 by the city engineer or designee to the owner of 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. 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 assessments by the city of Puyallup. (Ord. 2373 § 5, 1993).

11.20.085 Penalty.

In addition to any other penalty or remedy available, violation of any provision of this chapter by any person, party, firm, corporation, or other legal entity shall constitute a Class I civil infraction as defined in Chapter 1.02 PMC. Any act of a continuing nature as prohibited in this chapter shall be considered a separate offense for each day that the unlawful act occurs. (Ord. 3012 § 4, 2012).

11.20.090 Construction of chapter.

Nothing in this chapter shall be construed to limit or repeal any existing powers of the city of Puyallup 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 35.69.010 through 35.69.050 of the laws of the state of Washington, which said laws are, insofar as they are applicable and appropriate, herein incorporated by reference. (Ord. 2373 § 5, 1993).