Chapter 12.15
SIDEWALKS
Sections:
12.15.030 Exemption or extension by public works.
12.15.040 Public improvement district.
12.15.060 Duty to repair sidewalks.
12.15.070 Liability for sidewalk injuries.
12.15.080 Standards and specifications.
12.15.090 Submission of plans.
12.15.110 Supervision of work.
12.15.120 Notice to repair or make alterations.
12.15.130 City enforcement procedure.
12.15.150 Sidewalk construction requested by the property owner.
12.15.160 Civil infraction assessment.
12.15.010 Definitions.
(1) “City” means the city of Hubbard, Marion County, Oregon.
(2) “Contractor” means and includes all persons whomsoever constructing or having in charge the construction of any sidewalk.
(3) “Major construction” means work that requires new construction or alteration and repair of more than 50 percent of the existing or future sidewalk area.
(4) “Minor construction” means work that requires alteration or repair of less than 50 percent of the existing sidewalk area.
(5) “Owner” means and shall include all persons, firms and corporations whomsoever owing real property abutting upon any public street in the city, and shall include a purchaser under an executory contract of sale.
(6) “Remodeling” shall mean a structural improvement or new construction made to any structure in which the improvement or construction increases the gross floor area of the structure by 25 percent or more.
(7) “Sidewalk” means that portion of the street set apart by ordinance, resolution, user or otherwise for the use of pedestrians.
(8) “Structure” shall include all dwellings, commercial and industrial buildings and other structures designed for human occupancy. (Ord. 279-2005 § 2)
12.15.020 Sidewalks required.
(1) Every owner who is issued a building permit for the construction or remodeling of a structure shall construct a concrete sidewalk conforming to city regulations along that portion of the property to be improved which abuts a public street or right-of-way. At the time of the issuance of the building permit, the owner, builder or contractor to whom the building permit is issued shall obtain a right-of-way permit from the city for the construction of said sidewalk if a sidewalk, in good repair, does not already exist. On issuance of the right-of-way permit, the required permit fee and refundable deposit shall be paid. The sidewalk installation shall be completed by either the date of the completion of the construction or remodeling of the structure or one year after the issuance of the right-of-way permit, whichever event first occurs.
(2) Every owner whose property abuts any street upon which a full street improvement is completed after the effective date of the ordinance codified in this chapter shall construct a concrete sidewalk conforming to the regulations of the city along that portion of the owner’s property which abuts the full street improvement within 18 months after the completion of the full street improvement.
(3) Every owner of property shall construct a concrete sidewalk conforming to the regulations of the city along that portion of the owner’s property which abuts the public street within 90 days after the Hubbard city council determines by resolution the construction of such sidewalk is required on an emergency basis to protect the health and safety of the public who have access thereto. (Ord. 279-2005 § 3)
12.15.030 Exemption or extension by public works.
The public works superintendent may exempt an owner from the requirements of this chapter or may grant an extension to an owner to delay the owner’s obligations established by this chapter. The exemption or extension shall be given only if the public works superintendent finds that good cause exists for such exemption or extension. “Good cause” shall mean that the location of the property, the surrounding elevation of the property or the potential of future improvements or development of public or private lands in the immediate vicinity of the property make the cost of sidewalk construction unreasonable at the time of the public works superintendent’s decision.
The decision to exempt or extend the owner’s obligation hereunder shall be in writing and may be appealed to the city council by an aggrieved owner by written notice delivered to the Hubbard city administrator or designee within 20 days after issuance of the decision by the public works superintendent. The city council shall address the appeal at the next regular meeting and may either affirm the decision of the public works superintendent or modify that decision in their absolute discretion. (Ord. 279-2005 § 4)
12.15.040 Public improvement district.
If the Hubbard city council determines to construct sidewalks as a public improvement pursuant to the provisions of Chapter 3.05 HMC, any assessment levied upon the owner and the owner’s real property for the construction of sidewalks shall not be subject to abandonment by reason of objections or remonstrances of property owners within the assessment district as provided in HMC 3.05.030(2). (Ord. 279-2005 § 5)
12.15.060 Duty to repair sidewalks.
The owner of land adjoining a city street shall maintain in good repair the adjacent sidewalk whenever it becomes damaged or deteriorated in any way. (Ord. 279-2005 § 6)
12.15.070 Liability for sidewalk injuries.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of failure of the owner 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 chapter imposes, the person shall reimburse the city for the amount of damages thus paid and the attorney fees and costs of defending against the claim of damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 279-2005 § 7)
12.15.080 Standards and specifications.
Sidewalks shall be constructed, altered and repaired in accordance with city standards and specifications. (Ord. 279-2005 § 8)
12.15.090 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 for the proposed work. The application shall be made to the city administrator or designee’s office, and all applicable standards and specifications established under HMC 12.15.080 shall be met by the plans, and thereafter the city administrator or designee may issue a permit for the proposed work. (Ord. 279-2005 § 9)
12.15.100 Fee.
(1) Fees are for the purpose of defraying administrative costs.
(2) Fees shall be payable at the time of application and shall be set forth by resolution of the city council. (Ord. 279-2005 § 10)
12.15.110 Supervision of work.
The property owner, or agent thereof, may perform construction, alteration or repair of sidewalks after obtaining a permit from the city records office. The public works superintendent or designee may inspect any materials and construction details as in the public works superintendent may be necessary to ensure compliance with the applicable standards and specifications. (Ord. 279-2005 § 11)
12.15.120 Notice to repair or make alterations.
(1) When major construction is involved, the council shall, by motion, direct the public works department to issue a notice.
(2) When minor construction is involved and the repair or alteration is brought to the city’s attention, the public works department may issue a notice directly.
(3) 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.
(4) The public works superintendent shall cause a copy of the notice to be served 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 superintendent 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.
(5) The person serving the notice shall file with the city administrator or designee a statement stating the time, place and manner of service of notice. (Ord. 279-2005 § 12)
12.15.130 City enforcement procedure.
(1) If within the time allowed in HMC 12.15.020 for the completion by the owner of construction of the sidewalk, the sidewalk has not been completed, the city council, by motion, may direct the following procedure for sidewalk completion:
(a) The public works superintendent shall obtain not less than three bids from qualified contractors for the completion of the required sidewalk construction;
(b) The public works superintendent, by certified or registered mail, postage prepaid, shall forward to the person responsible a notice stating:
(i) The total amount of the lowest qualified bids;
(ii) That the city intends to accept said bid to complete the construction of the sidewalk if the owner has not obtained a right-of-way permit from the city for the construction of the sidewalk and commenced the construction of the sidewalk with 60 days from the date of the notice;
(iii) That the cost of the construction of the sidewalk will be assessed to and become a lien against the property of the owner upon completion thereof; and
(iv) That if the responsible owner objects to the foregoing procedures, that person may file an objection with the city administrator or designee, not more than 10 days from the date of the notice;
(c) If an objection is filed by the owner or responsible party within said 10-day period, then the objection shall be heard by the city council at the next regular or special meeting called therefor. The objector shall be notified of the date and time of the hearing. If, upon the expiration of 10 days after the date of the notice no objection is filed, or, if after hearing the city council decide to proceed, then the public works superintendent may proceed to accept the lowest qualified bid and complete the installation and construction of the sidewalk. Upon completion of the sidewalk and a determination of the total cost thereof, such cost shall be thereupon entered in the docket of city liens and, upon such entry being made, shall constitute a lien upon the real property which abuts the sidewalk so constructed. The lien may be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the legal rate. Interest shall commence to run from the date of the entry of the lien in the lien docket.
(2) If the sidewalk alteration or repair is not completed within 60 days after service of the notice specified in HMC 12.15.120, the city may complete the alteration or repair required or may obtain and accept bids as provided in subsection (1) of this section.
If the city completes the work, or if the City obtains and accepts a bid for the alteration or repair, the public works superintendent shall submit a report to the council including an itemized statement of the cost of the work. The cost of the alteration and/or repair will be assessed to and become a lien against the property of the owner upon completion thereof using the procedure provided in subsection (1) of this section. The lien may be enforced as provided in HMC 3.05.110 relating to street improvements and shall bear interest at the legal rate, which interest shall commence on the date of the entry of the lien in the lien docket of the city. (Ord. 279-2005 § 13)
12.15.150 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 his or her property, agrees to pay cash, or to make application to pay the cost in installation 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. 279-2005 § 14)
12.15.160 Civil infraction assessment.
A violation of any provision of this chapter constitutes a Class 1 civil infraction and shall be dealt with in accordance with procedures as otherwise approved by Hubbard city ordinance. (Ord. 279-2005 § 15)