Chapter 12.16
SIDEWALK CONSTRUCTION*
Sections:
12.16.020 Cost responsibility.
12.16.030 Report of need by superintendent of streets.
12.16.040 Council determination of action on report.
12.16.050 Council hearings and procedures.
12.16.060 Contents of resolution.
12.16.070 Assessment – Roll – Entries.
12.16.080 Assessment – Installments set by council.
12.16.090 Assessment – Becomes lien when delinquent.
12.16.100 Driving over sidewalk permitted when.
*For statutory authority for towns to assess costs of sidewalks against abutting property, see Chapters 35.68 and 35.70 RCW.
12.16.010 Definitions.
Whenever used in this chapter, the following words shall be held to have the meanings indicated thereafter:
A. “Abutting property” means all property having a frontage upon the margin of any street or other public place.
B. “Sidewalk” means any structure or form of street improvement in the area adjacent to the outer margin of the dedicated, granted or condemned street area reserved for pedestrian travel. (Ord. 82 § 1, 1957).
12.16.020 Cost responsibility.
In accordance with the provisions of Chapter 149 of the Laws of 1915 of the state of Washington as amended and as codified as Chapter 35.70 RCW, and Chapter 177 of the Laws of 1949 of the state of Washington, codified as Chapter 35.68 RCW, the burden and expense of constructing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon or by the city as may be determined by resolution of the city. (Ord. 82 § 2, 1957).
12.16.030 Report of need by superintendent of streets.
If, in the judgment of the superintendent of streets of the city, public convenience or safety necessitates the construction or reconstruction of a sidewalk along either side of any street in the city, he shall report the fact to the council of the city, immediately, in writing and the report shall include an estimate of the lineal sidewalk footage necessary and the location thereof. (Ord. 82 § 3, 1957).
12.16.040 Council determination of action on report.
Upon receipt of such a report from the superintendent of streets of the city, the council of the city shall make a determination as to whether the construction or reconstruction of such sidewalk is necessary or convenient for the public, and if it determines that the construction or reconstruction of such sidewalk is necessary or convenient for the public, it shall adopt a resolution ordering such sidewalk to be constructed or reconstructed and specify therein whether or not the cost shall be assessed against the owners of the property adjacent thereto. (Ord. 82 § 4, 1957).
12.16.050 Council hearings and procedures.
If all or any part of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement to such sidewalk, then a preliminary resolution shall be adopted fixing a time and place for hearing on the resolution. The preliminary resolution shall be published for two consecutive weeks in the official newspaper of the city and a notice of the hearing specifying the time and place shall be given to each owner or reputed owner of the abutting property as shown by the tax rolls of the treasurer of Thurston County at the address shown thereon. The notice shall be mailed not less than 10 days prior to the date fixed for the hearing on the adoption of the resolution. Proof of such mailing shall be made by affidavit filed with the city clerk/treasurer prior to the date of such hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of the hearing the council shall hear persons for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan and what the changes shall be. If the council determines to proceed, the resolution adopting the plan, with modifications, if any, shall be adopted. (Ord. 82 § 5, 1957).
12.16.060 Contents of resolution.
The resolution for constructing the sidewalk shall contain the following:
A. A description of each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed;
B. Specifications for the kind of sidewalk required including its size and dimensions, the method and material to be used in its construction; and
C. An estimate of the cost of construction of the sidewalk. (Ord. 82 § 6, 1957).
12.16.070 Assessment – Roll – Entries.
Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the street superintendent of the city which shall be based on the benefits to the property abutting thereon and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the city clerk/treasurer, and when so filed the council shall by resolution fix a date for hearing thereon and direct the city clerk/treasurer to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the county treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper of the city. The notice shall be mailed and first publication made at least 10 days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the city clerk/treasurer before the date fixed for the hearing. Following the hearing, the council shall by ordinance affirm, modify or reject or order recasting of the assessment roll. (Ord. 82 § 7, 1957).
12.16.080 Assessment – Installments set by council.
The council shall by resolution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments not to exceed five equal installments; and if more than one payment is provided for, the council shall provide for interest on unpaid installments and fix the rate thereof. (Ord. 82 § 8, 1957).
12.16.090 Assessment – Becomes lien when delinquent.
The assessment roll as affirmed or modified by the council shall be filed with the city clerk/treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installation thereof is delinquent and unpaid for a period of 30 days or more, the lien may be foreclosed in the same manner and with the same effect as is provided by Chapters 35.43 to 35.54 RCW inclusive, as now or hereafter amended. (Ord. 82 § 9, 1957).
12.16.100 Driving over sidewalk permitted when.
It is unlawful for any person to drive upon or across or along any sidewalk within the city limits of the city, except in cases where it is necessary to do so in construction work, and then only by special permit from the council of the city. (Ord. 4 § 44, 1925).