Chapter 12.20
SIDEWALK CONSTRUCTION

Sections:

12.20.010    Definitions.

12.20.020    Administration.

12.20.030    Supervisory authority.

12.20.040    New construction – Time of completion.

12.20.050    Sidewalks required – Bond in lieu of construction.

12.20.060    Sidewalks on East Main Street.

12.20.070    Order for construction or repair – Notice.

12.20.080    Nuisance – Declaration and correction charge.

12.20.090    Notice – Contents.

12.20.100    Notice – Form.

12.20.110    Notice – Noncompliance – Hearing.

12.20.120    Sidewalk construction fund.

12.20.130    Assessment of construction costs.

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

12.20.150    Property owner liability.

12.20.160    Existing sidewalk repair/replacement – Evaluation criteria.

12.20.170    Specifications.

12.20.180    Supervisory personnel.

12.20.190    Permit – Required – Application.

12.20.200    Permit – Fees.

12.20.210    Permit – Time limitations.

12.20.220    Permit – Renewal fees.

12.20.230    Inspection during construction.

12.20.240    Application of chapter 15.06 SMC.

12.20.250    Violation – Penalty.

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 fronts or is being made, including his 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 defects in sidewalks or public ways caused or contributed to by the roots of trees, brush, grass, etc., that causes defects on the sidewalks. Defective conditions are caused by tree limbs, foliage, brush or grass extending on or over sidewalks or rights-of-way. (Ord. 2355 § 1 (part), 2011: Ord. 1417 § 6, 1988; Ord. 1390 §§ 12, 13, 1987)

12.20.020 Administration.

The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this chapter. (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 1, 1987)

12.20.030 Supervisory authority.

Unless otherwise specially ordered by the city council, the city public works department shall have supervision of construction of all sidewalks on the public right-of-way of the city. (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. 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 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. Under the following conditions, 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:

1. Where the street is undesigned;

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. (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.

All new residences and all property improved by the construction thereon 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 for residential or other purposes; corner lots shall have sidewalks for the full width and length of the property which abuts the street; provided, that in lieu of actual construction of the sidewalk, 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. 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. 2355 § 1 (part), 2011: Ord. 2015 § 1 (part), 2002. Formerly 12.20.045)

12.20.070 Order for construction or repair – Notice.

Whenever, in the judgment of the city public works department, the public convenience or safety may require that a sidewalk be constructed, renewed, repaired or cleaned along either side of any street or other public place therein, and when said department deems the construction, renewal, repair or cleaning of such sidewalk necessary or convenient for the public, it shall order such sidewalk constructed, renewed, repaired or cleaned and shall 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, repaired or cleaned, requiring the property owner of the abutting property to construct such sidewalk. (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 has the right to order and 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. 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.

The notice provided for in SMC 12.20.070 shall describe each lot, block or parcel of land immediately abutting on that portion of the street where such sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required and the method and material to be used in the construction; the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time specified, the sidewalk will be constructed by the city and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 6, 1987. Formerly 12.20.070)

12.20.100 Notice – Form.

Notice shall be deemed served if delivered to the property owner or reputed owner of each lot, tract or parcel of land affected, or to the authorized agent of such owner if a copy is left at the usual place of abode of such owner in the city with a person of legal age and discretion residing therein; or in case the owner is a nonresident of the city and his place of residence is known, a copy of such notice shall be mailed to such owner, addressed to his last known place of residence; or in case the place of residence of such owner is unknown or if the owner of any lot, block or parcel of land affected is unknown, then such notice shall be served by publication in two weekly issues of the official newspaper of the city. Such notice shall specify a reasonable time within which the sidewalk shall be constructed, which, in the case of publication of the notice, shall be not less than 90 days from the date of the first publication of the notice, and in the case of personal service of the notice or by notice sent to the post office address of the owner, 90 days. (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 7, 1987. Formerly 12.20.080)

12.20.110 Notice – Noncompliance – Hearing.

In case the notice provided for in SMC 12.20.100 is not complied with within the time specified, the officer or department having charge of the case shall report to the city council at its next regular meeting, or as soon thereafter as practicable, an assessment roll showing each lot, block or parcel of land immediately abutting upon the sidewalk and the amount to be assessed against each lot, block or parcel of land. The city council shall thereupon set a date for hearing any protests against the proposed roll and shall cause a notice of the hearing to be published for two successive weeks in the official newspaper of the city, the date of such hearing to be not less than 30 days from the date of the first publication of the notice. (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. 2355 § 1 (part), 2011: Ord. 1390 § 9, 1987. Formerly 12.20.100)

12.20.130 Assessment of construction costs.

The city council shall, at the time of such hearing as described in SMC 12.20.110 or at any adjournment thereof, 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. 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.

It is unlawful for 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 construct, place, cause, create, maintain or permit to remain upon any part of such 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, any condition, structure or object dangerous or hazardous to the use of the right-of-way by the members of the general public, including but not limited to the conditions defined in SMC 12.20.010(A), (C), (D), (E), (H), (J) and (K). (Ord. 2355 § 1 (part), 2011: Ord. 1390 § 11, 1987. Formerly 12.20.120)

12.20.150 Property owner liability.

In the event of any injury or damage to any person and/or property caused by the hazardous conditions referred to in SMC 12.20.140, the abutting property owner where such injury or damage occurs shall be liable therefor, including liability to the city for all damage, injury, costs and disbursements, including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged as aforesaid. The costs together with interest shall be paid by the property owner and shall be a lien upon the real property until paid. This provision shall be binding upon the heirs, successors or assigns of the property owner. (Ord. 2355 § 1 (part), 2011: Ord. 1417 § 8, 1988: Ord. 1390 § 15, 1987. Formerly 12.20.130)

12.20.160 Existing sidewalk repair/ replacement – Evaluation criteria.

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. When points of a particular section fall between zero and 50, no action is required. When the points fall between 51 and 74, that section shall be repaired. When the points are 75 or greater, that section shall be replaced.

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. Drainage depression.

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. A vertical or horizontal crack one inch or greater shall automatically require replacement of the respective sidewalk section.

4. Points for horizontal and vertical cracks shall be doubled when the defect occurs in the pedestrian-traveled portion of a sidewalk which has significant pedestrian use. (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 his judgment they do not affect health, safety or future growth plans within the area.

B. The provisions of this chapter apply to all sidewalks constructed on any public street, avenue or thoroughfare within the city, whether constructed by 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.

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. 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. 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 his 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. 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. 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. 2355 § 1 (part), 2011)

12.20.220 Permit – Renewal fees.

Permit renewal fees shall be as specified in chapter 15.74 SMC. (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. 2355 § 1 (part), 2011)

12.20.240 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (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 the permit issued pursuant to this chapter, the city shall 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 termination 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. 2355 § 1 (part), 2011: Ord. 1782 § 2, 1996: Ord. 1590 § 7, 1993: Ord. 1390 § 20, 1987. Formerly 12.20.190)