Chapter 12.10


12.10.010  Definitions.

12.10.020  Resolution of necessity--Liability of abutting property.

12.10.030  Notice to owners--Service--Contents--Assessment--Collection.

12.10.040  Abutting property defined.

12.10.050  Construction of chapter.

12.10.060  Enforcement responsibility.

12.10.070  Violation--Penalty.

12.10.010 Definitions.

As used in this chapter:

A.  “Street” means and includes boulevard, avenue, street, alley, way, lane, square or place.

B.  “Sidewalk” means and includes any and all structures or forms of street improvement included in the space between the street margin and the roadway.  (Ord. 260 §1(part), 1992)

12.10.020 Resolution of necessity--Liability of abutting property.

Whenever a portion, not longer than one block in length, of any street in the town is not improved by the construction of a sidewalk thereon, or the sidewalk thereon has become unfit or unsafe for purposes of public travel, and such street adjacent to both ends of said portion is so improved and in good repair, and the town council by resolution finds that the improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion; provided, that such abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of fifty percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it by the Lincoln County assessor for purposes of general taxation.  (Ord. 260 §1(part), 1992)

12.10.030 Notice to owners--Service--Contents--Assessment--Collection.

A.  Whenever the town council has adopted a resolution as provided for in Section 12.10.020 of this chapter, it shall cause a notice to be served on the owner of the property directly abutting on such portion of such street, instructing him to construct or reconstruct a sidewalk on such portion in accordance with the plans and specifications which shall be attached to such notice.  The notice shall be deemed sufficiently served if delivered in person to the owner or if left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to collect rentals on such property, or, if the owner is a nonresident of the state, by mailing a copy to his last known address, or if he is unknown or if his address is unknown, then by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made.

B.  The notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the town will proceed to make it through the officer or department thereof charged with the inspection of sidewalks and that such officer or department will report to the town council, at a subsequent date, to be definitely stated in the notice, an assessment roll showing the lot or parcel of land directly abutting on such portion of the street so improved, the cost of the improvement, and the name of the owner, if known, and that the town council at the time stated in the notice or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment.

C.  Upon the expiration of the time fixed within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the town may proceed to perform it, and the officer or department of the town performing the work shall, within the time fixed in the notice, report to the town council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street so improved, the cost of the work, and the name of the owner, if known.  The town council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such improvement against said property and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property and shall be collected in the manner as is provided by law for collection of local improvements assessments by the town of Wilbur.

D.  If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, the notice shall be served by publication in the official newspaper of the town once a week for two consecutive weeks.  The notice shall specify a reasonable time within which the sidewalk shall be constructed which in the case of publication of the notice shall not be less than sixty days from the date of the first publication of such notice.  (Ord. 260 §1(part), 1992)

12.10.040 Abutting property defined.

For the purpose of this chapter, all property having a frontage upon the sides or margins of any street shall be deemed to be abutting property, and such property shall be chargeable, as provided in this chapter, for all costs of construction or reconstruction or any form of sidewalk improvement between the margin of said street and the roadway lying in front of and adjacent to said property.  (Ord. 260 §1(part), 1992)

12.10.050 Construction of chapter.

Nothing in this chapter shall be construed to limit or repeal any existing powers of the town of Wilbur with reference to the construction or reconstruction of sidewalks or the improvement or maintenance of streets, but the power and authority set forth in this chapter is to be exercised concurrent with or in extension of powers and authority now existing.  This chapter is intended to implement and comply with the provisions of RCW 35.70.010 through 35.70.100 of the laws of the state of Washington, which said laws are, insofar as they are applicable and appropriate, herein, incorporated by reference.  (Ord. 260 §1(part), 1992)

12.10.060 Enforcement responsibility.

A.  Whenever a violation of the requirements of this chapter is brought to the attention of the town of Wilbur the matter shall be referred to the department of public works.  A written notice describing the infraction shall be mailed to the address of the party paying the real estate taxes on the abutting property, requiring correction within a reasonable time to be established by the notice.  In the event that the infraction is not corrected within the time specified in the notice, the director of public works or his designee shall either:

1.  Cause the work necessary to correct the infraction to be done and file a lien against the benefited property for all costs incurred by the town, including experts' fees, attorney's fees and overhead reasonably incurred by the town.  If such lien is not paid within thirty days thereafter, the town may enforce the same in the manner of mechanics' liens; or

2.  Cause an action to be commenced in the superior court requesting an order by the court directing the responsible parties to perform the work necessary to correct the infraction.  In such event, the court may award to the town a judgment for all costs incurred by the town due to such infraction, temporary or permanent repairs, plus attorney's fees reasonably incurred in bringing such action;

B.  Provided, whenever the alleged infraction is a failure to construct, reconstruct or repair an improvement within the definition of RCW 35.68.010, the department of public works shall inform the town council of such alleged infraction in order to institute action pursuant to RCW Chapter 35.68.  (Ord. 260 §1(part), 1992)

12.10.070 Violation--Penalty.

Failure of the abutting property owner to maintain, repair or reconstruct adjacent sidewalks in accordance with this chapter is declared a public nuisance.  Any abutting property owner failing to abate the nuisance within forty-five days of notice of the same shall be subject to a fine for each offense in an amount as set forth in Section 1.08.030.  (Ord. 376 §18, 2001:  Ord. 370 §2, 2001:  Ord. 260 §1(part), 1992)