Chapter 12.05
SIDEWALK CONSTRUCTION

Sections:

12.05.010  Construction and maintenance responsibility.

12.05.020  Sidewalk required – Town council notification.

12.05.030  Sidewalk construction ordered by resolution – Notice to property owners.

12.05.040  Construction specifications – Compliance time limits – Failure to comply – Construction by town – Assessment against property.

12.05.050  Notice – Deemed served – Publication.

12.05.060  Notice – Failure to comply – Sidewalk constructed under official sanction – Assessment roll.

12.05.070  Costs of sidewalk – Assessment against abutting property – Lien.

12.05.080  Failure to pay assessment and interest – Penalty.

12.05.090  Assessment collection – Lien enforcement.

12.05.100  Sidewalk repair procedures.

12.05.110  Costs of construction charged to abutting property.

12.05.120  Removal of snow, ice and other obstructions and encumbrances.

12.05.010 Construction and maintenance responsibility.

The burden and expense of the construction and maintenance of sidewalks along the side of any street or other public place in the town of Twisp, Washington, shall devolve upon and be borne by the property directly abutting thereon. (Ord. 41 § 1, 1919)

12.05.020 Sidewalk required – Town council notification.

Whenever in the judgment of the street committee of the town council, or of the officer or department having the care and superintendence of streets in the town of Twisp, Washington, the public convenience or safety requires that a sidewalk be constructed along either side of any street or other public place in said town, such committee, officer or department shall immediately report the fact to the town council. (Ord. 41 § 2, 1919)

12.05.030 Sidewalk construction ordered by resolution – Notice to property owners.

Upon the receipt of such report the council shall deem the construction of such sidewalk necessary or convenient for the public and it shall by resolution order such sidewalk constructed and shall cause a notice in writing to be served upon the 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, requiring him to construct said sidewalk in accordance with such resolution. (Ord. 41 § 3, 1919)

12.05.040 Construction specifications – Compliance time limits – Failure to comply – Construction by town – Assessment against property.

The resolution and notice provided for in TMC 12.05.030 shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where said sidewalk is ordered to be constructed and shall specify the kind of sidewalk required, the size and dimensions of the same, the method and material to be used in the construction, and shall contain an estimate of the costs thereof; and the notice shall further state that unless the sidewalk is constructed in compliance with the notice, and within 30 days from the date of service of said notice, said sidewalk will be constructed by the town of Twisp, Washington, and the cost and expense thereof assessed against the property abutting thereon and described in said notice. (Ord. 41 § 4, 1919)

12.05.050 Notice – Deemed served – Publication.

The notice provided for in the preceding section shall be deemed served if delivered to the owner or reputed owner of each lot, tract, or parcel of land affected, or to the authorized agent of such owner, or a copy thereof be left at the usual place of abode of such owner in the town of Twisp, Washington, with a person of suitable age and discretion residing therein, or in case such owner is not a resident of the town of Twisp, Washington, 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 paper of the town of Twisp, Washington. Such published notice shall specify a reasonable time within which said sidewalk shall be constructed which shall not be less than 60 days from the date of the first publication of said notice. (Ord. 41 § 5, 1919)

12.05.060 Notice – Failure to comply – Sidewalk constructed under official sanction – Assessment roll.

In case the notice provided for in the preceding sections shall not be complied with within the time therein specified, the officer, or department having charge of the superintendence of streets, or committee on streets of the council, shall cause the sidewalk to be constructed forthwith, and shall report to the town 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 said sidewalk, the name of the owner thereof if known, and apportion the cost of said improvement to be assessed against said lot, block or parcel of land, and said council shall thereupon set a date for the hearing of any protests against said proposed assessment roll and shall cause a notice of the time and place of said hearing to be published for two successive weeks in the official paper of the town of Twisp, Washington, the date of the hearing to be not less than 30 days from the date of the said first publication of said notice. (Ord. 41 § 6, 1919)

12.05.070 Costs of sidewalk – Assessment against abutting property – Lien.

The town council shall at the time of said hearing or at any adjournment thereof by ordinance assess the costs of such sidewalk against the property immediately abutting thereon in compliance with the benefits thereto and such assessment shall become a lien upon the respective lots, blocks or parcels of land, from the date of the approval of said assessment, and shall bear interest at the rate of six percent per annum from such date, which interest shall be a lien upon the property so assessed. (Ord. 41 § 7, 1919)

12.05.080 Failure to pay assessment and interest – Penalty.

Said assessment, together with accrued interest thereon, shall be paid within 90 days from the date of the approval of said assessment roll, and if not so paid, a penalty of five percent shall attach, which penalty shall be included in and become a part of such assessment lien. (Ord. 41 § 8, 1919)

12.05.090 Assessment collection – Lien enforcement.

Such assessments shall be collected by the treasurer of the town of Twisp, Washington, and all such liens shall be enforced in the manner herein provided and herein prescribed; provided, that delinquent assessments shall be certified to the treasurer of Okanogan County, Washington, and entered by him upon the general tax rolls and collected as other general taxes are collected. (Ord. 41 § 9, 1919)

12.05.100 Sidewalk repair procedures.

Whenever any sidewalk in the town of Twisp, Washington, needs repair, the street committee of the town council, the officer or department having the superintendence of the streets of the town of Twisp, Washington, shall immediately serve notice in writing to the owner of the abutting property in the manner prescribed in TMC 12.05.030, 12.05.040 and 12.05.050, to properly repair the same within five days, and if such repairs are not made, or properly made, within five days from the date of service, the said street committee, officer or department shall cause the necessary repairs to be made, and shall report the cost thereof to the said town council, and the council shall thereupon cause the said cost and expense to be assessed against the abutting property in the manner and under the same conditions as the costs of sidewalks are assessed; provided, that whenever in the opinion of such street committee, officer or department it shall require 50 percent or more of the cost of a new sidewalk to properly repair any sidewalk, the same shall be reported to the council with recommendations, and the council shall thereupon by resolution order the sidewalk repaired, or, declare the old sidewalk a nuisance and order it removed and a new one constructed, as they may determine, and all the proceedings hereinbefore provided in the case of construction and constructing new sidewalks shall be followed as nearly as may be, in the matter of notice, assessment or cost and collection of the same, and in all other matters where the same may apply; provided further, that in case of unsafe or dangerous sidewalks it shall be the duty of the council to place guards around such unsafe or dangerous places to keep the public therefrom, pending repairs or reconstruction. (Ord. 41 § 10, 1919)

12.05.110 Costs of construction charged to abutting property.

For the purposes of this chapter, all property having a frontage on the side or margin of any street or other public place in the town of Twisp, Washington, shall be deemed abutting property, and such property shall be chargeable, as provided in this chapter, with all costs of construction or repairs, of any form of sidewalk improvement, between the margin of said street and the roadway lying in front of or adjacent to said property, and the term “sidewalk” as used in this chapter shall be construed to mean and include any and all structures and form of improvement in the space between the street margin and the roadway known as the sidewalk area. (Ord. 41 § 11, 1919)

12.05.120 Removal of snow, ice and other obstructions and encumbrances.

The owner or occupant of any house or other building, or the owner or proprietor, lessee or person entitled to the possession of any vacant lot, and any person having the charge of any church, public hall or other building in the town of Twisp, Washington, shall, during the time snow shall continue on the ground, by the hour of 10:00 on every morning clear the sidewalks in front of such house or other building, or in front of such lot, from snow and ice during the day; or, shall, in case the snow or ice is so congealed that they cannot be removed without injury to the sidewalk, cause the sidewalk to be strewed with ashes or sand, and shall also at all times keep such sidewalks clear and free from all dirt, filth or other obstructions or encumbrances, so as to allow the public full and free use of such sidewalks; any person refusing or neglecting to comply with the provisions of this section shall be guilty of a misdemeanor; provided, that in case of unrepresented nonresident property owners, the officer in charge of sidewalks shall have the sidewalks cleaned off or made safe in the manner hereinbefore provided for and report the expense thereof to the town council and said property owners shall be liable for said expense and in case he neglects or refuses to pay the same, the town of Twisp, Washington, shall recover the full amount in a civil action thereon. (Ord. 41 § 12, 1919)