Chapter 12.04
SIDEWALK CONSTRUCTION
Sections:
12.04.010 Construction requirements.
12.04.030 Other sidewalks – Application.
12.04.040 Sidewalk work to conform to chapter.
12.04.050 Expenses assessed against abutting property.
12.04.060 Sidewalk to be constructed – Resolution – Notice.
12.04.080 Noncompliance with notice – Street constructed by town.
12.04.090 Hearing for protests against assessment roll.
12.04.100 Assessments to become a lien – Collection – Rate.
12.04.110 Sidewalk construction fund.
For statutory provisions authorizing cities to establish, alter and improve bridges, streets, sidewalks, etc., see RCW 35.27.370(4).
12.04.010 Construction requirements.
From the effective date of the ordinance codified in WMC 12.04.010 through 12.04.030 forward, the construction of sidewalks in the city limits shall be in conformity with the following regulations:
(1) All sidewalks on 80-foot streets shall have a curb line 10 feet from the property line to the traffic side of the curb;
(2) All sidewalks on 60-foot streets shall have a curb line eight feet from the property line to the traffic side of the curb;
(3) All sidewalks on 100-foot streets shall have a curb line 12 feet from the property line to the traffic side of the curb. (Ord. 266 § 1, 1961)
12.04.020 Intersections.
All intersection corners shall be formed on an eight-foot radius. (Ord. 266 § 2, 1961)
12.04.030 Other sidewalks – Application.
All other sidewalks established in the town on streets having a different width than 60, 80 or 100 feet shall be at the direction of the town council, after application made at a regular meeting of the town council. (Ord. 266 § 3, 1961)
12.04.040 Sidewalk work to conform to chapter.
All work and improvements hereafter to be performed in the town in connection with the building, construction, maintenance, and repair or renewal of sidewalks shall be done in accordance with the provisions of this chapter, unless otherwise expressly and specifically provided by ordinance. (Ord. 361 § 1, 1970)
12.04.050 Expenses assessed against abutting property.
The duty, burden and expense of building, constructing, renewing and repairing, and the maintenance thereof of sidewalks shall devolve upon and be assessed against the property directly abutting upon the side of such avenue or street along which such sidewalk has been or shall be hereafter constructed. (Ord. 361 § 2, 1970)
12.04.060 Sidewalk to be constructed – Resolution – Notice.
If, in the judgment of the officer or department having superintendence of streets and public places, public convenience and safety requires that a sidewalk be constructed, or improvements or repairs be made, along either side of any street, he shall report that fact to the town council. If, upon receipt of such report, the town council deems the construction, improvement or repair of the proposed sidewalk necessary or convenient for the public it shall, by an appropriate resolution order the sidewalk constructed or the improvements or repairs be made 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, improved, or repaired requiring him to construct the sidewalk, make improvements or repairs with the resolution. Such resolution and notice and order to construct, improve or repair a sidewalk shall:
(1) Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed;
(2) Specify the kind of sidewalk required, its size and dimension, the method and material to be used in construction, or the kind, nature, and extent of repairs or improvements required;
(3) Contain an estimate of the cost thereof; and
(4) State that unless the sidewalk is constructed, or such repairs or improvements be made in compliance with the notice, and within a reasonable time therein specified, the town will construct the sidewalk, make such improvements or repairs and assess the costs and expense thereof against the abutting property described in the notice. (Ord. 361 § 3, 1970)
12.04.070 Service of notice.
The notice required by WMC 12.04.060 shall be served in the manner required by law for service of civil process. (Ord. 361 § 4, 1970)
12.04.080 Noncompliance with notice – Street constructed by town.
If the notice and order to construct, improve or repair a sidewalk is not complied with within the time therein specified, the officer or department having the superintendence of streets shall proceed to construct the sidewalk, or make such improvement or repairs, and shall report to the town council at its next regular meeting or as soon thereafter as practicable in assessment roll showing each parcel of land abutting upon the sidewalk the name of the owner thereof, if known, and apportion the cost of said improvement to be assessed against each parcel of such land. (Ord. 361 § 5, 1970)
12.04.090 Hearing for protests against assessment roll.
Thereupon the town 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, the date of the hearing to be not 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. (Ord. 361 § 6, 1970)
12.04.100 Assessments to become a lien – Collection – Rate.
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 six percent per year from the date of the approval of the assessment thereon. (Ord. 361 § 7, 1970)
12.04.110 Sidewalk construction fund.
The city is authorized to create a “sidewalk construction fund No. ___” to be numbered differently for each improvement or repair, and with warrants drawn on this fund the cost of the respective construction, improvement or repair may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement, construction or repair. When any assessments are made for the improvement, construction or repair, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants, any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. (Ord. 361 § 8, 1970)