Chapter 12.08


12.08.010    Definitions.

12.08.020    Vehicles prohibited on sidewalks.

12.08.030    Display and sale of merchandise prohibited – Exceptions.

12.08.040    Responsibility to construct and maintain sidewalks.

12.08.050    Construction for public convenience.

12.08.060    Council resolution on construction.

12.08.070    Notice and resolution – Contents.

12.08.080    Notice – Service.

12.08.090    Construction and maintenance by City – Assessment roll preparation.

12.08.100    Assessment roll hearing.

12.08.110    Lien.

12.08.120    Curb numbers – Generally.

12.08.130    Permit.

12.08.140    Specifications for curb numbers.

12.08.150    Permit application and fee.

12.08.010 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. “Abutting property” means all property having a frontage on the side or margin of any street or other public place, and such property shall be chargeable, as provided in this chapter, with all costs of construction of any form of sidewalk improvement between the margin of said street or other public place and the roadway lying in front of and adjacent to said property.

B. “Sidewalk” means any and all structures or forms of improvement included in the space between the street margin and the roadway known as the sidewalk area. [1956 Code § 9-1101.]

12.08.020 Vehicles prohibited on sidewalks.

No persons shall ride, drive or use any bicycle, skateboard, roller-skates, or other wheeled vehicle, device or conveyance upon, over or along any public sidewalk in the business districts of the City, except at the intersection of two or more streets or at a point where a driveway is provided. For the purposes of this section, “wheeled vehicle, device or conveyance” shall not include shopping carts, baby carriages and strollers, nor shall said terms include wheelchairs or other handicapped vehicles or devices. Also for the purposes of this section, business shall include the following streets or portions of streets: Fifth Street, from Edison Avenue to Franklin Avenue; Sixth Street, from Decatur Avenue to Franklin Avenue; Seventh Street, from Decatur Avenue to Franklin Avenue; Eighth Street, from Edison Avenue to Franklin Avenue; Decatur Avenue from Sixth Street to Seventh Street; Edison Avenue, from Fifth Street to Eighth Street. [Ord. 1564 § 1, 1986; Ord. 1562 § 1, 1986; 1956 Code § 10-501.]

12.08.030 Display and sale of merchandise prohibited – Exceptions.

It is unlawful for any person to place or cause or suffer to be placed by any person in his employ or under his control any goods, wares, clothing, merchandise, produce, or food products of any nature, whether of the same description or not, on any sidewalk or crosswalk, in front of or alongside of his or her place of business for the purpose of display, or for any other reason, except while in the actual course of receipt or delivery; or to use any portion of the sidewalk for the purpose of displaying, selling, measuring, packaging, weighing, or storing any article or thing whatsoever for sale, repair or otherwise; provided, however, that the display or sale of merchandise is permitted in the B-3 zone, pursuant to Chapter 12.32 SMC and SMC 17.48.020(29) and (32). [Ord. 1857 § 1, 1994; Ord. 1557, 1986; Ord. 1448 § 1, 1984; 1956 Code § 9-901.]

12.08.040 Responsibility to construct and maintain sidewalks.

The burden and expense of constructing and maintaining sidewalks along the side of any street or public place shall evolve upon and be borne by the owner of the property directly abutting thereon. Maintenance shall include keeping sidewalks in proper repair and keeping them free of any and all impediments or substances which present a hazard or cause a diminution of safety thereon. [Ord. 1428 § 2, 1984; Ord. 1397 § 1, 1983; 1956 Code § 9-1102.]

12.08.050 Construction for public convenience.

If, in the judgment of the Director of Public Works, public safety or convenience requires that a sidewalk be constructed or maintained along either side of any street, he shall report that fact to the City Manager immediately. [Ord. 1397 § 2, 1983; 1956 Code § 9-1103.]

12.08.060 Council resolution on construction.

If, upon receiving a report from the City Manager the City Council deems the construction or maintenance of sidewalks necessary or convenient for the public, it shall by an appropriate resolution order the sidewalk constructed or maintained and shall cause a written notice to be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is constructed, requiring that person to construct or maintain the sidewalk in accordance with the resolution. [Ord. 1397 § 3, 1983; 1956 Code § 9-1104.]

12.08.070 Notice and resolution – Contents.

The resolution and notice and order to construct or maintain a sidewalk shall:

A. Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed or maintained.

B. Specify the kind of sidewalk required, its size and dimensions, and the method and materials to be used in its construction or maintenance.

C. Contain an estimate of the cost thereof; and

D. State that unless a sidewalk is constructed or maintained in compliance with the notice, within a reasonable time therein specified, the City will construct or perform maintenance on the sidewalk and assess the cost and expense thereof against the abutting property described in the notice. [Ord. 1397 § 4, 1983; 1956 Code § 9-1105.]

12.08.080 Notice – Service.

The notice shall be served as follows:

A. By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners; or

B. By leaving a copy thereof at the usual place of abode of such owner in the City with a person of suitable age and discretion residing therein; or

C. If the owner is a nonresident of the City and his place of residence is known, by mailing a copy to the owner addressed to his last known place of residence; or

D. If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in two weekly issues of the official newspaper of such city or town or, if there is no official newspaper, then in any weekly newspaper published in the City. Such notice shall specify a reasonable time within which said sidewalk shall be constructed, which in the case of publication of the notice shall not be less than 60 days from the date of the first publication of such notice. [1956 Code § 9-1106.]

12.08.090 Construction and maintenance by City – Assessment roll preparation.

If the notice and order to construct or maintain a sidewalk is not complied with within the time therein specified, the officer or department having the superintendence of streets shall proceed to construct or maintain the sidewalk forthwith and shall report to the City Council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof, if known, and apportion the cost of the improvement or maintenance to be assessed against each parcel of land. [Ord. 1397 § 5, 1983; 1956 Code § 9-1107.]

12.08.100 Assessment roll hearing.

Thereupon the City Council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of the hearing to be published for two successive weeks in the official newspaper of the City or, if there is no official newspaper, then in any weekly newspaper published in the City. The date of the hearing shall not be less than 30 days from the date of the first publication of the notice. At the hearing or at any adjournment thereof, the Council by ordinance shall assess the cost of constructing the sidewalk against the abutting property in accordance with the benefits thereto. [1956 Code § 9-1108.]

12.08.110 Lien.

The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of eight percent per year from the date of the approval of the assessment thereon. [1956 Code § 9-1109.]

12.08.120 Curb numbers – Generally.

A. It is unlawful for any person or business to make or cause to be made any markings upon any public street, curb and gutter or sidewalk, except as provided for in this chapter or otherwise authorized by the Director of Public Works.

B. The owner of each business or residence shall display the number of that house or business in a size, contrast, and position easily read from the street.

C. The number of the building may be stenciled on the curb face in front of the building, in accordance with the succeeding sections of this chapter, but such stenciling will not satisfy the numbering requirement set forth in subsection (B) of this section. [Ord. 1176 §§ 1, 2, 3, 1978.]

12.08.130 Permit.

Anyone stenciling numbers on curb fronts to designate the number of the house or business behind that curb front shall first obtain a permit as provided in this chapter and shall meet the other requirements of this chapter. An individual stenciling the curb in front of his own property need not obtain such a permit but shall otherwise comply with the requirements of this chapter. [Ord. 1176 § 4, 1978.]

12.08.140 Specifications for curb numbers.

Numbers placed on curbs shall meet the following requirements:

A. The numbers shall be placed on the vertical face of the curb.

B. The numbers shall be located within three feet of the edge of the driveway on the building side of the lot to which the number corresponds.

C. The numbers shall be stencil-painted white over a stenciled black background.

D. Letters or numbers shall be not less than three inches high.

E. The lines of the numbers shall be a minimum of one-half inch thick. [Ord. 1176 § 5, 1978.]

12.08.150 Permit application and fee.

Before painting any such curb numbers, the persons or entity who intends to apply such numbers shall first obtain a permit from the City Clerk, for which a fee shall be charged of $5.00. The permit shall not be issued until the stencils, materials (including paint), and style of lettering have been approved by the Director of Public Works. [Ord. 1176 § 6, 1978.]