Chapter 12.04
SIDEWALK USE
Sections:
12.04.040 Duty to use proper care and caution.
12.04.050 Duty to repair and maintain.
12.04.100 City’s right to remove or repair.
12.04.010 Purpose.
The purpose of the ordinance codified in this chapter is to allow owners of abutting property sidewalks in the city to erect and maintain western-type store fronts which call for pillar-supported coverings over sidewalks, and to allow the pillars to be attached to the sidewalks. (Ord. 304 § 1, 1974)
12.04.020 Definitions.
The following terms when used in this chapter shall be construed to mean as follows:
A. “Abutting property” means all property having a frontage on the sides or margins of any sidewalk.
B. “Owner” means the plural as well as the singular and includes any partnership, association, group or corporation other than a public body.
C. “Sidewalk” means a walk for pedestrian use outside the building lot line of any property owner and constructed for use by the general public.
D. “Structure” means any covering, roof or other extension of a building which projects over and covers the sidewalk. (Ord. 304 § 2, 1974)
12.04.030 Right to erect.
Every owner of property abutting the sidewalks of the city in the areas of the city zoned BL shall have the right to erect and maintain structures over the abutting sidewalks. Such structures may have pillars attached to the sidewalks. The structures shall be self-supporting and shall not be dependent upon any attached pillars. Fire stops shall be incorporated therein as required by the city building inspector. (Ord. 304 § 3, 1974)
12.04.040 Duty to use proper care and caution.
Every owner who erects a structure as defined in this chapter shall use proper care and caution in the construction and maintenance of it all in accordance with the state and city ordinances relating to buildings. (Ord. 304 § 4, 1974)
12.04.050 Duty to repair and maintain.
Structures shall be repaired and maintained at the owner’s expense. (Ord. 304 § 5, 1974)
12.04.060 Removal.
Every owner of property abutting the sidewalks of the city which has such a structure attached shall have the option to completely and permanently remove the structure at the owner’s expense. (Ord. 304 § 6, 1974)
12.04.070 Insurance.
A. Every owner of property abutting the sidewalks of the city which has such a structure attached shall at all times, commencing with the date upon which construction begins, carry the following types of insurance with an insurance carrier or carriers acceptable to the city, and policies approved by the city.
B. Public liability insurance covering death or bodily injuries with limits of not less than $100,000 per person and $250,000 for any one accident or disaster, and property damage coverage with limits of not less than $50,000, which insurance shall name the city as an additional insured. (Ord. 304 § 7, 1974)
12.04.080 Approval of plans.
Before construction of such structure commences or before alterations of it are made, plans for construction or alterations must first be submitted to and be approved by the city building inspector. (Ord. 304 § 8, 1974)
12.04.090 Annual inspection.
The structures are subject to annual inspection by the city building inspector. Should it be determined that a structure is or has become a public nuisance or in any manner endangers the public use of the sidewalks, then the owner of the property abutting the sidewalks to which such structure is attached shall correct the situation upon 60 days’ notice, such notice to be given as provided in SMC 12.04.110, by repair, reconstruction, removal or such other action as shall be determined by the city building inspector. (Ord. 304 § 9, 1974)
12.04.100 City’s right to remove or repair.
The city shall, upon 30 days’ notice, such notice to be given as provided in SMC 12.04.110, have the right to repair, reconstruct or remove such structure if any abutting property owner fails to comply with any of the provisions of this chapter. The cost to the city of such repairs, reconstruction or removal, including the engineer’s expenses, shall be charged to the abutting property owner. If the property owner fails or refuses to pay the costs incurred by the city or in the event the owner cannot be found, the city may file a lien therefor against the property within 90 days. (Ord. 304 § 10, 1974)
12.04.110 Notice.
Any notice required by this chapter shall be given by mailing a copy of the notice to the owner as shown upon the records of the county treasurer and at the address shown thereon; and if no owner and address is shown on such record, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the Sequim newspaper. Proof of such mailing, posting and publication shall be made by affidavit filed with the city clerk. The notice shall include a description of the property involved and in connection with SMC 12.04.090 it shall include the nature of the hazardous condition and the action required by the city building inspector and in connection with SMC 12.04.100 it shall include a description of the violations of this chapter. (Ord. 304 § 11, 1974)
12.04.120 Penalties.
Any person violating any of the provisions of this chapter, in addition to the costs required in SMC 12.04.100, shall, upon conviction, be punished by a fine in a sum not to exceed $300.00 or by imprisonment in the city jail for a period not to exceed 90 days or by both such fine and imprisonment. (Ord. 304 § 12, 1974)