Chapter 12.04
SIDEWALKS
Sections:
12.04.020 City responsibility.
12.04.030 Defective sidewalk – Notice to property owner.
12.04.050 Repair by city – Record – Report.
12.04.060 Repair by city – Assessment of costs.
12.04.070 Unobstructed sidewalks.
12.04.010 Purpose.
The purpose of this chapter is to require owners of property adjoining any street in the city to be responsible for the maintenance, reconstruction or repair of any sidewalk fronting their property. The city’s subdivision ordinance (LCMC Title 16) requires sidewalks to be constructed in new developments, but does not spell out any continuing responsibility for the maintenance of said sidewalks. The city does not accept the responsibility for the maintenance, repair or reconstruction of sidewalks. This responsibility is the continuing responsibility of the property owners fronting any existing sidewalk. (Ord. 79-5 § 1)
12.04.020 City responsibility.
A. It is the responsibility of the city to require property owners fronting on any sidewalk to maintain, repair or reconstruct such sidewalks, once the city has received written notice of any defective sidewalk.
B. The city has the power and authority to determine the grade and width of all sidewalks, the material to be used, and the specifications for the repair thereof. (Ord. 79-5 § 2)
12.04.030 Defective sidewalk – Notice to property owner.
A. Once the city has received written notice of any defective sidewalk, and it has been verified by city staff, the city manager shall inform the city council of the situation. When ordered to do so by the city council, the city manager or his designee shall notify the property owner to maintain, repair or reconstruct the sidewalk, as the case may warrant.
B. Such notice shall consist of a letter sent to the property owner by certified or registered mail, return receipt requested, and by posting a notice on the property, entitled “Notice to Repair Sidewalk,” and such notice shall direct the owner, agent or occupant of the property to immediately maintain, repair or reconstruct the sidewalk, as the case may be.
C. If, after due diligence, the owner is not notified by mail, the posting of the property shall constitute sufficient notice.
D. The owner, agent or occupant of the premises shall have 30 days from the date of posting of the property to bring the sidewalk up to city standards. (Ord. 79-5 § 3)
12.04.040 Permit for repairs.
The owner, agent or occupant, before making such repairs, shall obtain from the city a permit to do so, which shall prescribe the kind of repair to be made, the material to be used, and specifications therefor. (Ord. 79-5 § 4)
12.04.050 Repair by city – Record – Report.
If the owner, agent or occupant of any such lot or parts thereof, or parcel of land, fails, neglects or refuses to make the sidewalk repairs within the time designated, the city manager shall cause the same to be made and keep an accurate account of the cost of the labor and materials used in making the repairs in front of each lot or parcel of land, and shall report monthly to the city council the cost of such repairs and a description of the lot or part thereof, or parcel of land, fronting on the sidewalk upon which such repairs are made. (Ord. 79-5 § 5)
12.04.060 Repair by city – Assessment of costs.
The council shall, at least once each year, by ordinance, assess upon each of the lots or parts thereof, or parcels of land, fronting upon sidewalks which have been so repaired or laid, the cost of making such repairs or laying the same, including legal, administrative and engineering costs attributable thereto. In each case, all such assessments may be combined in one assessment roll, and the same shall be entered in the docket of city liens and collected in the same manner as is provided by law for the collection of city liens or assessments for local improvements. (Ord. 79-5 § 6)
12.04.070 Unobstructed sidewalks.
Utility providers shall keep a minimum of five feet of the sidewalk width clear of both permanent and temporary obstructions (e.g., utility poles and guy wires). Property owners shall keep a minimum of five feet of the public sidewalk adjacent to their property clear of both permanent and temporary obstructions (e.g., sandwich board signs, landscaping). (Ord. 2016-21 § 3)