Chapter 3.10
SIDEWALKS
Sections:
3.10.020 Duty to repair sidewalks.
3.10.030 Liability for sidewalk injuries.
3.10.040 Standards and specifications.
3.10.070 Notice to repair or make alterations.
3.10.080 City may alter or repair sidewalk.
3.10.090 Assessment for sidewalk work done by city.
3.10.100 Sidewalk construction requested by the property owner.
3.10.010 Definitions.
Unless the context requires otherwise, the following mean:
“Person” means a natural person, firm, corporation or other legal entity.
“Sidewalk” means the part of the street right-of-way between the curblines or the lateral lines of a roadway and the adjacent property lines. [Ord. 413 § 1, 2016; Ord. 270 § 1, 1985.]
3.10.020 Duty to repair sidewalks.
It is the duty of an owner of land adjoining a city street to maintain in good repair the adjacent sidewalk whenever it becomes damaged or deteriorated in any way whatsoever. It shall be the responsibility of the owner to keep such adjacent sidewalk clean and clear of ice, snow, dirt, vegetation, debris, or obstructions for the safe use of the public at all times. [Ord. 413 § 2, 2016; Ord. 270 § 2, 1985.]
3.10.030 Liability for sidewalk injuries.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be primarily liable to any person injured because of any negligence of such owner in failing to maintain the sidewalk in good condition.
(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. [Ord. 413 § 3, 2016; Ord. 270 § 3, 1985.]
3.10.040 Standards and specifications.
Sidewalks shall be constructed, altered, and repaired in accordance with city standards and specifications. [Ord. 413 § 4, 2016; Ord. 270 § 4, 1985.]
3.10.050 Submission of plans.
No person shall construct, alter or repair a sidewalk within the city without first making application for a permit and submitting the plans and specifications for the proposed work. Said application shall be made to the public works employee through the city recorder’s office, and all applicable standards and specifications established under HMC 3.10.040 shall be met by said plans, and thereafter the public works employee may issue a permit for the proposed work. There will be no charge for said permit, but it shall be issued through and a record kept in the city recorder’s office. [Ord. 413 § 5, 2016; Ord. 270 § 5, 1985.]
3.10.060 Supervision of work.
The construction, alteration or repair of sidewalks shall be under the supervision of the public works employee. The public works employee may inspect any materials and construction details as in his judgment may be necessary to ensure compliance with the applicable standards and specifications. [Ord. 413 § 6, 2016; Ord. 270 § 6, 1985.]
3.10.070 Notice to repair or make alterations.
(1) When the council deems that a sidewalk needs alteration or repair, it may, by resolution, direct the public works employee to issue a notice.
(2) The notice shall require the owner of the property adjacent to 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 the 60-day time period, the city may complete it and assess the cost against the property adjacent to the sidewalk.
(3) The public works employee shall cause a copy of the notice to be served personally upon the owner of the property adjacent to 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 public works employee shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property.
(4) The person serving the notice shall file with the recorder a statement stating the time, place and manner of service of notice. [Ord. 413 § 7, 2016; Ord. 270 § 7, 1985.]
3.10.080 City may alter or repair sidewalk.
If the sidewalk alteration or repair is not completed within 60 days after service of the notice, the public works employee may complete it. Upon completion of the project, the public works employee shall submit a report to the council. The report shall contain an itemized statement of the cost of the work. [Ord. 413 § 8, 2016; Ord. 270 § 8, 1985.]
3.10.090 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 collected in the same manner as is provided for the collection of street improvement assessments. [Ord. 413 § 9, 2016; Ord. 270 § 9, 1985.]
3.10.100 Sidewalk construction requested by the property owner.
If a property owner petitions the council for an order to build a sidewalk on the part of the street abutting on his property, agrees to pay cash or to make application to pay the cost in installments as provided by the Bancroft Bonding Act (ORS 223.205 to 223.295), waives the right of service and publication of notice of construction, and consents to the assessment of the property upon which the sidewalk abuts, the council may order the construction of the requested sidewalk, if in its judgment the sidewalk should be built. [Ord. 413 § 10, 2016; Ord. 270 § 10, 1985.]
3.10.110 Penalty.
Violation of this chapter is punishable by a fine not to exceed $250.00. Each day’s violation of a provision of this chapter shall constitute a separate offense. [Ord. 413 § 12, 2016; Ord. 270 § 12, 1985.]