Chapter 12.05
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.05.010 Construction of sidewalks.
12.05.020 Grade of walks, width and material.
12.05.030 Permit to build new or repair walks.
12.05.050 Property owners to fill between curbs and walks.
12.05.060 Care of walks to be enforced.
12.05.080 Protecting and indemnifying city of Garibaldi.
12.05.010 Construction of sidewalks.
Whenever the common council for the city of Garibaldi, Oregon, shall deem it expedient that any new sidewalks shall be constructed within the city of Garibaldi, the common council shall pass an ordinance declaring that construction of such sidewalks is expedient and describe in said ordinance with convenient certainty the location thereof, the kind of material required to be used in the construction thereof and the time within which the same shall be completed; provided, that the owner of the property resident within the city of Garibaldi shall be allowed at least 10 days and owners of property nonresident in the city of Garibaldi shall be allowed 20 days within which to complete the construction of any such sidewalk; said ordinance shall provide that said sidewalks are to be constructed at the expense of the adjacent and abutting property owners or at the general expense of the city of Garibaldi and shall provide that the actual cost not exceed 15 percent of the amount of the cost for engineering charges for supervision and inspection shall be added to the other costs of such sidewalks also assessed against the abutting property. [Ord. 47 § 1, 1958.]
12.05.020 Grade of walks, width and material.
All sidewalks constructed in the city of Garibaldi shall be laid on the official grade as furnished by the city of Garibaldi engineer unless specifically ordered otherwise by the common council of said city; all sidewalks shall be laid with a full fall toward the curb of one-quarter of one inch to the foot and shall meet the curb flush with the top thereof at all street intersections, if possible and practical; all sidewalks shall be laid with a minimum width of four feet and a minimum thickness of three and one-half inches; all sidewalks shall be constructed of concrete mixture consisting of one part of cement to five parts of sand and rock. [Ord. 47 § 2, 1958.]
12.05.030 Permit to build new or repair walks.
A. Any person or persons desiring to repair a sidewalk or construct a new sidewalk shall apply for a permit to build or repair the same to the city administrator of the city of Garibaldi, describing the location, kind of material and width of such walk, and if such application shall comply with the requirements of this chapter, it shall be the duty of the city administrator to furnish said applicant without cost or charge a written permit to build, improve or repair such walk.
B. The repair, design and construction of all sidewalks will be in accordance with the city’s adopted public engineering standards. The city administrator and the public works superintendent are authorized to provide direction and clarify the use of these standards using sound engineering practice. [Ord. 312 § 2(A), 2009; Ord. 47 § 3, 1958.]
12.05.040 Relating to curbs.
All curbs within the city of Garibaldi, Oregon, shall conform to the official street grades and shall be uniform as to material, dimensions, and distances from property lines along which they are built. All curbs are to be 18 inches high, plumb back, slope front, one inch to the foot, top six inches thick. All form material to be a minimum of two inches in thickness. All curbing of whatever kind shall be constructed upon the lines or distances from the property lines along which or in front of which they shall be established according to the width of roadway established or which may be hereafter established by the common council; provided, that nothing in this section or in this chapter shall be constructed to preclude the council in case of permanent street improvement from providing a different method and manner of constructing curb lines along such proposed improvements. [Ord. 47 § 4, 1958.]
12.05.050 Property owners to fill between curbs and walks.
It shall be the duty of all property owners to fill in the space between curb and sidewalk in front of their property and to the curb lines of the street at the intersection with earth to a level and grade with the curb and sidewalk. No shade trees of any kind, nature or description shall hereafter be planted in any portion of any street in the city of Garibaldi, Oregon. All water mains shall be located in the utility strip between sidewalk and curb unless otherwise ordered by the common council and shall be to a depth of 24 inches, minimum. [Ord. 47 § 5, 1958.]
12.05.060 Care of walks to be enforced.
It shall be the duty of the street commissioner of the city of Garibaldi, Oregon, to require all persons maintaining sidewalks along their property to keep the same clean and in good repair, and in case any sidewalk shall be out of repair or unsafe, it shall be the duty of any policeman, under the direction of the street commissioner, to serve notice immediately on the owner or owners of such property along which such sidewalk or curb shall be constructed in the manner provided in GMC 12.05.010 to repair or clean the same as conditions may require and each property owner shall be liable for the full cost of the repair or cleaning of the sidewalk along the property where the same shall be constructed; and upon the refusal or neglect of any property owner to repair or clean his sidewalk within 10 days from the service of the notice upon him, if a nonresident of the city, the street commissioner shall proceed to repair or to clean such sidewalk as the case may be, and report the expense thereof to the council at the next meeting, following which expenses shall, unless paid for by the owner thereof, be made a lien upon the property as in the case of construction of new sidewalks; the policeman serving such notice shall make an affidavit of service within five days thereafter and file the same in the office of the city recorder. [Ord. 47 § 6, 1958.]
12.05.070 Serving of notice.
If such sidewalk is to be constructed at the expense of the abutting and adjacent property, notice containing the substance of the ordinance provided for in GMC 12.05.010 shall be personally served by a policeman of the city of Garibaldi, Oregon, on such owner of property required to construct such sidewalk, if such property owner is a resident of or can be found in the city of Garibaldi, Oregon; provided, that if such property owner resides out of the city or is a resident owner he cannot with reasonable diligence on the part of the policeman serving notice be found therein, a notice containing the substance of this chapter shall be posted in a conspicuous place upon said adjacent and abutting property or at some point adjacent to and in plain sight of the location of the proposed walk for a period of 10 days. If the address of such nonresident owner of the abutting or adjacent property is known or can with reasonable diligence on the part of the policeman serving the notice be ascertained a copy of such notice shall be mailed, postage prepaid, to the nonresident owner and such posting and mailing of notice shall be deemed equivalent to personal service. [Ord. 47 § 7, 1958.]
12.05.080 Protecting and indemnifying city of Garibaldi.
It shall be the duty of any property owner who under the terms of this chapter constructs or attempts to construct, repairs or attempts to repair, any sidewalk in the city of Garibaldi, to at all times during said construction or repair, provide and maintain proper and sufficient barricading of the area of the construction or the repair being carried on; it shall be the further duty of such person or persons to fully indemnify and to hold the city of Garibaldi harmless from all damages arising from an injury to the person or another and all damages arising from the damage of the property of another arising by reason of such construction or repair of any sidewalk in the city of Garibaldi. [Ord. 47 § 8, 1958.]