Chapter 12.10
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.10.020 Maintenance of sidewalks.
12.10.030 Liability for sidewalk injuries.
12.10.040 Standards and specifications.
12.10.050 Construction, alteration, removal or repair of sidewalk.
12.10.010 Definitions.
As used in this chapter, the following mean:
“City manager” means the city manager for the city of Coos Bay, or his or her designee.
“Good repair” means a state of being free of patent and latent defects.
“Safe condition” means a state of being free of snow, ice, obstructions, or any other condition causing a hazard to persons or vehicles using public right-of-way.
“Sidewalk” means any paved area in that part of the public right-of-way located between the curblines or the lateral lines of a roadway and the adjacent property lines; any culvert located in such part of the public right-of-way. [Ord. 249 § 1, 1998; Ord. 69 § 1, 1986].
12.10.020 Maintenance of sidewalks.
The owner of real property abutting a sidewalk shall maintain the sidewalk in good repair and safe condition. [Ord. 249 § 2, 1998; Ord. 69 § 2, 1986].
12.10.030 Liability for sidewalk injuries.
(1) The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe condition.
(2) 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, the owner shall reimburse the city for the amount of the damages thus paid and for the attorneys’ 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. 249 § 3, 1998; Ord. 69 § 3, 1986].
12.10.040 Standards and specifications.
Sidewalks shall be constructed, altered, and repaired in accordance with standards and specifications determined by the city. [Ord. 69 § 4, 1986].
12.10.050 Construction, alteration, removal or repair of sidewalk.
(1) Initiation of Proceedings to Place a Sidewalk in Good Repair or in Safe Condition.
(a) When the city manager determines that public health and safety require the construction or removal of a sidewalk, or that as a result of the owner’s failure to maintain a sidewalk in good repair or in safe condition an existing sidewalk is in need of alteration, removal or repair, the city manager shall make written findings to support such determination, and shall issue a notice of initiation of proceedings to the owner of the property abutting the sidewalk.
(b) The notice shall contain a statement of the findings supporting the city manager’s determination. The notice shall also state that the owner must construct a sidewalk or alter, remove or repair an existing sidewalk; shall state that the owner is required to complete the work within 30 days after service of the notice; and shall state that if the work is not completed by the owner within the 30-day period, then the city may undertake the work and assess the costs against the property abutting the sidewalk. The notice shall also apprise the owner of the owner’s right to request reconsideration and right to appeal pursuant to subsections (1)(d) and (e) of this section.
(c) The city manager shall cause a copy of the notice to be served upon the owner of the property abutting the sidewalk by registered or certified mail, return receipt requested, sent to the last known address of the owner. If the owner fails to accept the mailed notice, or if the notice is undeliverable as addressed, the city manager shall order substituted service by causing a copy of the notice to be posted in a conspicuous place on the abutting property.
(d) The owner may file a written request for reconsideration with the city manager. The request for reconsideration shall be filed within 10 days of service of the notice, and shall set forth in reasonable detail the facts and arguments supporting the owner’s reasons why he or she should not be responsible for the construction, alteration, removal, or repair of the sidewalk. The city manager shall render a final written determination within 10 days of the receipt of the request for reconsideration. The filing of a request for reconsideration shall be a condition precedent to the right to appeal to the city council pursuant to this section.
(e) If the request for reconsideration is denied, the owner may file a request for appeal, in writing, with the city manager within 10 days of the owner’s receipt of his or her final written determination. A hearing shall be scheduled before the city council as soon as practicable after the receipt of a request for appeal. After the hearing, the city council shall adopt a resolution, affirming, reversing, or modifying the decision of the city manager.
(2) City May Construct, Alter, Remove, or Repair Sidewalk. If the work identified in the notice is not completed within 30 days after service of the notice, or if the owner has not entered into a written agreement with the city to cause such work to be made within a specified period of time, the city council may, by resolution, order the construction, alteration, removal or repair to be made. The resolution shall recite the means whereby notice was provided to the owner, indicate the nature of the work to be performed, and include a legal description of the abutting property. A copy of the resolution shall be mailed to the owner at his or her last known address by registered or certified mail, return receipt requested.
(3) Assessment for Sidewalk Work Done by City. Upon completion of the work, the manager shall submit to the council a report containing an itemized statement of costs. Upon receipt of the report, the council shall by resolution assess the cost of the work against the property abutting the sidewalk. The assessment shall be a lien against the property and may be enforced and collected as provided in ORS 223.505 through 223.650.
(4) Notice of Assessment. A copy of the resolution assessing the cost of the work shall be mailed to the property owner by registered or certified mail, return receipt requested.
(5) Lien Docket – Interest. The recorder shall enter into the city lien docket a statement of the amount assessed against the property; a statement that the lien is for sidewalk construction, alteration, removal, or repair; the name of the property owner; and the date of the assessment resolution. The assessment shall become a lien upon the real property at the time of entry upon the lien docket. The lien shall bear interest at the statutory rate commencing on the date the lien is entered in the city lien docket. [Ord. 249 § 4, 1998; Ord. 69 § 5, 1986].
12.10.060 Penalty.
Violation of a provision of this chapter is punishable by a fine not to exceed $500.00. Each day’s violation shall constitute a separate punishable offense. [Ord. 69 § 6, 1986].