Chapter 12.05
Sidewalks
Sections:
12.05.010 Definition of sidewalk.
12.05.020 Repair of sidewalks.
12.05.030 Liability for sidewalk injuries.
12.05.040 Standards and specifications.
12.05.050 Submission of plans.
12.05.060 Supervision of work.
12.05.070 Notice to alter or repair sidewalk.
12.05.080 City may contract, alter or repair sidewalk.
12.05.090 Assessment for sidewalk work done by City.
12.05.010 Definition of sidewalk.
“Sidewalk” means the improved part of the street right-of-way between the curblines or the lateral lines of a roadway and the adjacent property lines that is intended for pedestrian use. [Ord. 549 § 1, 1984; 1981 Compilation § 8-9.1.]
12.05.020 Repair of sidewalks.
The owner of land abutting a sidewalk shall maintain it in good repair and safe condition. [Ord. 549 § 2, 1984; 1981 Compilation § 8-9.2.]
12.05.030 Liability for sidewalk injuries.
A. The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by such owner to maintain the sidewalk in good repair or safe condition.
B. If the City is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, such owner shall reimburse the City for the amount of the damages thus paid, and for the attorney’s fees and costs of defending against the claim for damages. The City may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. [Ord. 549 § 3, 1984; 1981 Compilation § 8-9.3.]
12.05.040 Standards and specifications.
Sidewalks shall be constructed, altered and repaired in accordance with standards and specifications determined by the City Engineer. [Ord. 549 § 4, 1984; 1981 Compilation § 8-9.4.]
12.05.050 Submission of plans.
No person shall construct, alter or repair a sidewalk without first submitting the plans and specifications for the proposed work and obtaining a permit. The application for a permit shall be made to the Administrator. The City Administrator may issue a permit for the proposed work upon finding that the plan conforms with the applicable standards and specifications. [Ord. 549 § 5, 1984; 1981 Compilation § 8-9.5.]
12.05.060 Supervision of work.
The construction, alteration or repair of sidewalks shall be under the supervision of the City Engineer. The City Engineer may inspect any materials and construction details as in the Engineer’s judgement may be necessary to ensure compliance with the plans and the applicable standards and specifications. [Ord. 549 § 6, 1984; 1981 Compilation § 8-9.6.]
12.05.070 Notice to alter or repair sidewalk.
A. When the Council deems that a sidewalk needs alteration or repair, it shall by resolution direct the City Administrator to issue a notice.
B. The notice shall require the owner of the property abutting the sidewalk to complete the work within 60 days after service of notice. The notice shall also state that if the work is not completed by the owner within 60 days, the City may complete it and assess the costs against the property abutting the sidewalk.
C. The City Administrator shall cause a copy of the notice to be served personally upon the owner of the property abutting the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the City Administrator shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall be deemed to have the same effect as personal service of notice upon the owner of the property.
D. The person serving the notice shall file with the Administrator a return of service, reciting the time, place and manner of service. [Ord. 549 § 7, 1984; 1981 Compilation § 8-9.7.]
12.05.080 City may contract, alter or repair sidewalk.
If the sidewalk alteration or repair is not completed within 60 days after service of the notice, the City Engineer shall complete it upon direction of the Council. Upon completion of the project, the City Engineer shall submit a report to the Council containing an itemized statement of costs. [Ord. 549 § 8, 1984; 1981 Compilation § 8-9.8.]
12.05.090 Assessment for sidewalk work done by City.
Upon receipt of the report, the Council, by ordinance, shall assess the cost of the work against the property adjacent to the sidewalk. The assessment shall be a lien against the property and may be levied and collected in the same manner as is provided for in BMC 3.15.120. [Ord. 549 § 9, 1984; 1981 Compilation § 8-9.9.]
12.05.100 Penalty.
Violation of this chapter is punishable by a fine not to exceed $300.00. Each day’s violation of a provision of this chapter shall constitute a separate punishable offense. [Ord. 549 § 10, 1984; 1981 Compilation § 8-9.10.]