Chapter 12.20 SIDEWALK CONSTRUCTION

A. The purpose of this chapter is to promote the health, safety, and welfare of the general public by establishing a sidewalk program that clarifies the responsibilities of the city of Sumner and property owners with respect to the construction and maintenance of sidewalks, including identifying standards and priorities for sidewalk construction and repairs, and setting forth the process and penalties for enforcement of the same.

B. This chapter does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. This chapter does not establish or impose any duty whatsoever upon the city of Sumner or any of its officers or employees for whom the implementation, funding or enforcement of this chapter shall be discretionary and not mandatory. Accordingly, no provision or term used in this chapter is intended to impose any duty which would subject the city or any of its officers or employees to damages in a civil action. (Ord. 2862 § 1 (Exh. A), 2023; Ord. 2764 § 1 (Exh. A), 2021)

12.20.010 Definitions.

Except where specifically defined in this section, all words used in this chapter shall carry their customary meaning.

A. “Broken or cracked sidewalk” means a crack one-quarter inch in width, regardless of the length of the crack and including alligatoring. A broken sidewalk is any portion of a sidewalk broken or separated from the main body of the sidewalk.

B. “Contractor” means the person, firm or corporation doing or performing work for the property owner, city or other municipal corporation. A “bonded contractor” shall be adequately bonded to the city.

C. “Defective handrails, fences, etc.” means the defect of handrails, fences, etc., immediately adjacent to a right-of-way area, including but not limited to private posts, poles and signs.

D. “Depression” means a portion of a sidewalk that is not up to grade, or is depressed and allows water to pond on any portion of the sidewalk.

E. “Foreign matter” means the defects or the hazardous condition resulting from the accumulation of dirt, gravel, oil, grease, etc., or any foreign subject matter that may cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter.

F. “Permittee” means the person, firm or corporation who is applying for a permit or to whom a permit has been issued for sidewalk construction pursuant to this chapter.

G. “Property owner” means the person, firm or corporation who has legal title to the property on which the sidewalk to be constructed abuts, including their legal agents.

H. “Raised sidewalk” means a portion of a sidewalk higher than the grade, as to make an incline or slope, unless the sidewalk is following the contour of the landscape.

I. “Sidewalk” means and will be considered as any thoroughfare, the primary function of which is to serve pedestrian traffic. The term includes any and all improvements included in the space between the street pavement edge and the property line, known as the sidewalk area, including sidewalks, gutters and curbs along all driveways across sidewalks.

J. “Stub-toes” means an abrupt raised portion of a sidewalk one-fourth inch or more, regardless of length.

K. “Vegetation on sidewalks” means any fallen branches, tree limbs, foliage, tree fruit or any brush or grass extending on or over sidewalks or rights-of-way.

L. “Sidewalk defects caused by street trees” means a sidewalk defect resulting solely from the natural growth of roots of an abutting street tree, as defined in SMC 12.42.120, except when such defect is caused or contributed to by an act or omission of the abutting property owner, including but not limited to a failure to comply with a tree permit, the negligent management of the street tree or planting strip, or the failure to install a landscape barrier.

M. “Right-of-way” shall mean 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. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1417 § 6, 1988; Ord. 1390 §§ 12, 13, 1987)

12.20.020 Administration.

The public works director is authorized to implement such administrative procedures as may be necessary to carry out the directions of this chapter. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1390 § 1, 1987)

12.20.030 Supervisory authority.

The city public works department has authority to supervise and inspect the construction of all sidewalks in the public right-of-way of the city. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1590 § 1, 1993: Ord. 1417 § 1, 1988: Ord. 1390 § 2, 1987)

12.20.040 New construction – Time of completion.

A. All property improved by new construction within the city shall have sidewalks in and completed, for the full frontage width of the property being developed, to the farthest property line of the parcel being served, before the buildings are occupied or the property is used for the intended development purposes. Corner lots shall have sidewalks for the full width and length of the property on all sides which abut the street. For the purposes of this section, property improved by new construction shall be defined as any improvement requiring a site development permit, or building permit, except:

1. Those which do not increase the habitable space of a residence as defined by the International Building Code in effect at said time;

2. Accessory structures less than 120 square feet;

3. Re-roofing work.

B. Whenever sidewalks are required pursuant to subsection A of this section, a property owner may be allowed to enter into an agreement with the city for the construction of sidewalks, curbs and gutters at a later date when, at the discretion of the public works director, any of the following conditions exist:

1. Where the street is undesigned by the city;

2. Where no sidewalks, curbs and gutters exist; or

3. Where the absence of a storm drainage system would cause standing water and/or cause a health and safety problem.

Such agreement shall contain conditions requiring that the property owner construct right-of-way improvements when notified in writing by the city and to enter into a LID waiver. The agreement shall impose restricted covenants on the subject property that shall run with the property and not expire until construction of the improvements is complete. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 2015 § 1 (part), 2002: Ord. 1590 § 2, 1993: Ord. 1533 § 1, 1992: Ord. 1417 § 2, 1988: Ord. 1390 § 3, 1987)

12.20.050 Sidewalks required – Bond in lieu of construction.

When a sidewalk is required under SMC 12.20.040(A), in lieu of actual construction of the sidewalk prior to the time the buildings are occupied or the property is used for the intended development purpose, a cash or a performance bond may be deposited in the amount of 120 percent of the actual project cost, which shall be determined by the city. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011)

12.20.060 Sidewalks on East Main Street.

In addition to those requirements set forth in SMC 12.20.040 and to implement the East Main Street design strategy, the following is required for properties within the area defined as East Main Street in SMC 18.43.020:

A. When minor or major new construction, as defined in SMC 18.43.020, occurs, the property owner, as a condition of the development approval, shall dedicate to the city five feet of land along the entire length of the property frontage abutting East Main Street for street right-of-way. This land shall be dedicated to the city to be held in perpetuity by the city and used for sidewalk construction.

B. When major new construction, as defined in SMC 18.43.020, occurs, the property owner, as a condition of the development approval, shall construct a sidewalk 10 feet in total width along the entire length of the property abutting East Main Street. The new sidewalk required in this section may be combined with the width of an existing sidewalk. Sidewalk development includes the provision of street trees, street lighting and street furniture. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 2015 § 1 (part), 2002. Formerly 12.20.045)

12.20.070 Order for construction or repair – Notice.

A. Except as provided in subsection B of this section, whenever, in the judgment of the city public works department, the public convenience or safety may require that a sidewalk be constructed, renewed, or repaired along either side of any street or other public place therein as required by this chapter, and when said department deems the construction, renewal, repair or cleaning of such sidewalk necessary or convenient for the public, it is authorized to order such sidewalk constructed, renewed, or repaired and to cause a notice in writing to be served on the property owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where said sidewalk is to be constructed, renewed, or repaired, requiring the property owner of the abutting property to construct such sidewalk. Such notice shall be given in accordance with chapter 15.06 SMC.

B. When the department becomes aware of a sidewalk defect caused by a city street tree, as defined in SMC 12.20.010, the director or the director’s designee is authorized to inspect the sidewalk and, upon confirmation of a defect, the director or director’s designee may determine the responsibility and prioritize the repair of the sidewalk in accordance with the city’s sidewalk repair policies. Where the sidewalk cannot be immediately repaired, the director or designee is authorized to take such temporary remedial measures as are reasonable given the nature and scope of the defect. Such interim measures may include but are not limited to painting the affected sidewalk area, posting signage regarding the defect, and/or installing barriers to prevent the use of the sidewalk. (Ord. 2862 § 1 (Exh. A), 2023; Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1390 § 4, 1987. Formerly 12.20.050)

12.20.080 Nuisance – Declaration and correction charge.

A. Any sidewalk or planting strip which is constructed or improved on any public street, avenue or thoroughfare within the city and which is not constructed in conformity with the provisions of this chapter is an insufficient sidewalk and a nuisance. The public works department is authorized to order and/or cause such sidewalk to be removed and replaced by a sidewalk constructed in compliance with the provisions of this chapter, all at the expense of the property owner or owners of the property abutting thereon.

B. For the purpose of this chapter, all property having a frontage on the side or margin of any street shall be deemed “abutting property,” and such property shall be chargeable with all the costs of construction, renewal, repair or cleaning of any form of sidewalk improvement. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1590 § 3, 1993: Ord. 1417 § 3, 1988; Ord. 1390 § 5, 1987. Formerly 12.20.060)

12.20.090 Notice – Contents.

Repealed by Ord. 2764. (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 6, 1987. Formerly 12.20.070)

12.20.100 Notice – Form.

Repealed by Ord. 2764. (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 7, 1987. Formerly 12.20.080)

12.20.110 Notice – Noncompliance – Hearing.

Repealed by Ord. 2764. (Ord. 2355 § 1 (part), 2011: Ord. 1417 § 4, 1988: Ord. 1390 § 8, 1987. Formerly 12.20.090)

12.20.120 Sidewalk construction fund.

The city council may create a sidewalk local improvement district (LID) when it is determined that a centralized area requires a major rehabilitation or construction of sidewalks. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1390 § 9, 1987. Formerly 12.20.100)

12.20.130 Assessment of construction costs.

Following the proper establishment of any sidewalk LID, the city council shall assess the cost of construction, renewal, repair or cleaning of such sidewalk against the property immediately abutting thereon in accordance with the benefits thereto, and such assessment shall become a lien upon the respective lots, blocks or parcels of land and shall be collected in the manner provided by law in the case of local improvement assessments, and shall bear interest at the rate provided for by the ordinance on the date of approval of such assessment thereon. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1417 § 5, 1988: Ord. 1390 § 10, 1987. Formerly 12.20.110)

12.20.140 Hazardous conditions on public street rights-of-way.

A. It shall be the responsibility of the property owner and/or any person occupying or having charge or control of any premises abutting upon any public street, right-of-way or alley in the city to maintain and keep such right-of-way clean and free from debris, garbage, dirt, and all dangerous or hazardous objects, including those objects or conditions defined in SMC 12.20.010(A), (C), (D), (E), (H), (J) and (K), and chapter 12.32 SMC.

B. It shall be the responsibility of the property owner or any person occupying or having charge or control of any premises abutting upon any right-of-way to notify the department of any and all sidewalk defects caused by street trees. Notification to the department shall include the following information: (1) the property address where the defect exists, (2) a description of the defect, and (3) contact information for the reporting person.

C. Whenever the department has either repaired or has taken temporary remedial measures to address sidewalk defects caused by street trees, including but not limited to the application of paint, signage, or barricades to prevent the use of the sidewalk, the property owner or person occupying or having charge or control of the abutting premises shall be responsible for ongoing monitoring regarding the temporary remedial measure and shall immediately notify the department when such temporary remedial measures have become removed, defective, or in need of repair or replacement. If the abutting property becomes vacant after the installation of temporary remedial measures, the property owner shall inform the department of the anticipated or expected dates of vacancy prior to or immediately after the property becomes vacant. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1390 § 11, 1987. Formerly 12.20.120)

12.20.150 Property owner liability.

The property owner and/or the person occupying or having charge or control of any premises abutting upon any public street, right-of-way or alley shall be liable for any and all damage, injury, actions, costs, suits, or judgments resulting from such person’s failure to comply with SMC 12.20.140. The costs of any necessary repair to the sidewalk, together with interest shall be paid by the property owner and shall become a lien upon the real property until paid. This provision shall be binding upon the heirs, successors or assigns of the property owner. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1417 § 8, 1988: Ord. 1390 § 15, 1987. Formerly 12.20.130)

12.20.160 Existing sidewalk repair/ replacement.

All sidewalks will be inspected upon receiving a complaint regarding the condition of the sidewalk. The sidewalk will be inspected to determine the ADA compliance and the extent of the damage in order to determine if it is the responsibility of the property owner or if it is the responsibility of the city.

For damages that fall under the responsibility of the property owner, a notice will be sent to the property owner and will contain necessary information related to permit requirements and potential payment options. The permit holds the permittee accountable for all repairs needed to the sidewalk and ensures that the sidewalk will be constructed to meet city specifications.

A. All sidewalks will be graded on a point system. The sidewalks will be inspected and graded in five-foot sections starting at a joint or pattern line.

B. Points shall be added for each defect with points varying per defect and the severity.

C. Sidewalks shall be inspected for the following defects:

1. Cracks having a horizontal separation of one-fourth inch or more;

2. Cracks having a vertical differential of one-fourth inch or more;

3. Cross slope greater than two percent;

4. Length of the affected area;

5. Curb ramp affected; and

6. Driveway/alley approach affected.

D. Where an expansion joint itself is a problem, the sidewalk sections on either side of it shall be graded and the defective points generated by the joint itself shall be added to that section receiving the most points.

E. The following range of points shall be established for each defect:

1. Crack – Horizontal Separation.

a. Over one-fourth inch, 15 points;

b. Over three-fourths inch, 51 points;

c. Over one inch, 100 points.

2. Crack – Vertical Separation.

a. Over one-fourth inch, 10 points;

b. Over one-half inch, 51 points;

c. Over one inch, 100 points.

3. Cross Slope.

a. Two percent to three and one-half percent, 10 points;

b. Three and one-half percent to five percent, 20 points;

c. Greater than five percent, 40 points.

4. Length of Affected Area.

a. Zero feet to 15 feet, 10 points;

b. Fifteen feet to 50 feet, 20 points;

c. Greater than 50 feet, 40 points.

5. Curb Ramp.

a. Out of compliance and in good condition, 10 points;

b. Out of compliance and in poor condition, 20 points;

c. No curb ramp, 40 points.

6. Driveway/Alley Approach.

a. Out of compliance and in good condition, 10 points;

b. Out of compliance and in poor condition, 20 points;

c. No approach ramp, 40 points. (Ord. 2862 § 1 (Exh. A), 2023; Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1417 § 7, 1988: Ord. 1390 § 14, 1987. Formerly 12.20.140)

12.20.170 Specifications.

A. Any and all sidewalks required to be constructed or repaired on any public street, avenue or thoroughfare within the city shall be constructed or prepared pursuant to the terms of this chapter and the City of Sumner Development Specifications and Standard Details, and shall be constructed in accordance with the specifications as set forth by the Americans with Disabilities Act, and in no circumstance shall the sidewalk be other than natural coloring unless specified in city specifications or ADA requirements. Standards for existing nonconforming sidewalks may be modified by the city engineer or designee where in the engineer’s judgment they do not affect health, safety or future growth plans within the area.

B. The specifications outlined herein apply to all sidewalks constructed on any public street, avenue or thoroughfare within the city, whether constructed by the city, the owners of the abutting or adjacent property voluntarily or ordered constructed by the city, or constructed pursuant to a local improvement district.

1. Property Line.

a. Sidewalks are to be constructed six inches from the property line. In cases where sidewalks have been constructed on the property line prior to the effective date of the ordinance codified in this section, sidewalks constructed after the effective date of the ordinance codified in this section shall be constructed on the property line as far as that block is concerned to remain consistent block to block.

b. When the entire sidewalk for the full length of the block is removed the new sidewalk shall be constructed six inches from the property line or as specified by the city engineer or designee.

2. Confinement within Right-of-Way Lines and Easements. It shall be the permittee’s responsibility to confine the sidewalk within the street right-of-way lines and the limits of easements described on the permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee.

3. Concrete Pouring Without Inspection. Any sidewalk placed without the routine inspections outlined in Chapter 6 of the Sumner Development Specifications and Standard Details shall be condemned and is condemned, and the contractor shall have no claim against the property owner of the abutting property for payment on account of such condemned work.

4. Acceptance Prerequisites. No sidewalk improvement constructed pursuant to the terms of this chapter will be accepted until the city is satisfied that the work has been performed according to the requirements of this section and to the lines and grades as established and staked, and until such sidewalk improvement passes final inspection.

5. Width.

a. See the Sumner Development Specifications and Standard Details Chapter 6 for sidewalk width requirements per street classification and zoning designation.

b. For properties zoned residential with existing sidewalks less than five feet, the city engineer or designee may reduce the sidewalk width requirement for design and construction of new and restored sidewalks if all the following criteria are satisfied:

i. There is an existing sidewalk of less than five feet immediately adjacent to the location of the proposed new/restored sidewalk; and

ii. The sidewalk to be constructed/restored is less than 75 percent of the length of the sidewalk along the street. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1590 § 4, 1993: Ord. 1417 §§ 9, 10, 11, 1988: Ord. 1390 § 16, 1987. Formerly 12.20.150)

12.20.180 Supervisory personnel.

The building and construction of any and all sidewalks on a public street, avenue or thoroughfare within the city shall be under the direct supervision of the public works department or under the direct supervision of such other person or persons as the city may specially appoint for that purpose. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1590 § 5, 1993: Ord. 1390 § 17, 1987. Formerly 12.20.160)

12.20.190 Permit – Required – Application.

Any person desiring to construct, repair, change, or relocate any sidewalk in front of and abutting their property shall make application to the Sumner permit center, and such application shall contain, among other things, the exact location of such proposed work, the location of new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no work on any sidewalk shall be done until the issuance of an appropriate permit therefor. All such repair shall be made after application for and issuance of a proper permit therefor, as required by law, and all such work to be duly inspected and approved by the city. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1590 § 6, 1993: Ord. 1390 § 18, 1987. Formerly 12.20.170)

12.20.200 Permit – Fees.

The permit fee shall include the costs to the city for making the necessary reviews and for the inspection of all public improvements. No permit shall be issued under the provisions of this chapter until plans for the proposed work have been submitted and approved by the public works department. Upon approval by the public works department, the permit shall be issued and charges made calculated as follows:

A. Base permit fee: $50.00.

B. Plan Review Fee.

• One hour x current engineer burdened rate (minimum);

• In-house plan review fee: Hours x current engineer burdened rate;

• Third-party review fees as billed to city, including city administrative costs.

C. Inspection Fee.

• Two hours x current inspector burdened rate (minimum);

• (([Frontage linear feet/100] x 4) + 10) x current inspector burdened rate;

• Additional inspection as warranted: number of hours x current staff burdened rate.

The total fee for permit approval shall be the sum of the above elements. Plan review fees shall be accrued until the construction plans are approved for construction. Accrued review fees shall be paid regardless of whether a permit is issued. Inspection fees shall be accrued until final project approval and shall be assessed to the permittee as they are accrued.

If additional inspections are required for a subject property other than those referenced in SMC 12.20.230, city employees’ time for such inspections shall be charged to the applicant and/or other person subject to the provisions of this chapter on an hourly basis per the current burdened rate. Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1417 § 12, 1988: Ord. 1390 § 19, 1987. Formerly 12.20.180)

12.20.210 Permit – Time limitations.

Permit time limitations shall be as established in chapter 15.74 SMC. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011)

12.20.220 Permit – Renewal fees.

Permit renewal fees shall be as specified in chapter 15.74 SMC. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011)

12.20.230 Inspection during construction.

A. Inspection requirements are specified in Chapter 6 of the Sumner Development Specifications and Standard Details.

B. No work shall proceed until the city inspects and approves the work previously completed and furnishes the applicant with the results of the inspection reports as soon as possible after completion of each required inspection.

C. Any portion of the work which does not comply with the requirements outlined herein shall be promptly corrected by the applicant, after notice from the city. The notice shall set forth the nature of corrections required and the time within which corrections shall be made. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011)

12.20.240 Application of chapter 15.06 SMC.

Any violation of this chapter may be enforced pursuant to chapter 15.06 SMC. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1782 § 1, 1996. Formerly 12.20.185)

12.20.250 Violation – Penalty.

A. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110.

B. In addition to the penalties provided in subsection A of this section, if the property owner or permittee fails to construct a sidewalk within the time and in the manner specified in (1) a notice received by the property owner pursuant to chapter 15.06 SMC, (2) any agreement entered into between the property owner and city, or (3) a permit issued pursuant to this chapter, the public works director is authorized to order the sidewalk to be constructed under the supervision of the public works department, and the costs shall be assessed against and become a lien upon the real property abutting the sidewalk so constructed. Notice of the city’s lien, specifying the costs incurred in constructing the sidewalk and giving the legal description of the real property abutting the sidewalk sought to be charged, shall be filed with the county auditor within 90 days from the completion of the sidewalk construction and the same may at any time thereafter be collected in the manner provided for foreclosure of mechanic liens under the laws of the state of Washington. (Ord. 2764 § 1 (Exh. A), 2021; Ord. 2355 § 1 (part), 2011: Ord. 1782 § 2, 1996: Ord. 1590 § 7, 1993: Ord. 1390 § 20, 1987. Formerly 12.20.190)