Chapter 12.10
SIDEWALKS
Sections:
Article I. Repair of Sidewalks
12.10.020 Duty to repair and maintain walks.
12.10.030 Responsibility of property owner for injuries and damages resulting from sidewalk defects.
12.10.040 Notice to construct, alter, or repair sidewalk.
12.10.050 City may construct, alter, or repair sidewalk.
12.10.060 Assessment for sidewalk work done by City.
Article II. Sidewalk, Curb Specifications
12.10.070 Sidewalk specifications.
12.10.110 Construction permit.
12.10.120 Curb specifications.
12.10.140 Driveway specifications.
Article III. Obstruction of Sidewalks, Rights-of-Way
12.10.160 Merchandise on sidewalks.
12.10.170 Gasoline pumps, signs or other obstructions on sidewalks.
Article I. Repair of Sidewalks
12.10.010 Definitions.
As used in MCC 12.10.010 to 12.10.060 the masculine includes the feminine and neuter, and the singular includes the plural. The following words shall mean:
“Owner” means the person in whose name real property is assessed for tax purposes according to the latest assessment roll in the office of the County Assessor for Polk County, Oregon.
“Person” means every natural person, firm, partnership, association, or corporation. (Ord. 597, § 1. Code 1983 § 32.110.)
12.10.020 Duty to repair and maintain walks.
The person owning the real property adjacent to or abutting on a public sidewalk shall, at his sole cost and expense, keep said sidewalk in good repair and free of hazards to persons lawfully on or adjacent to such sidewalk. (Ord. 597, § 2. Code 1983 § 32.115.)
12.10.030 Responsibility of property owner for injuries and damages resulting from sidewalk defects.
The exclusive remedy of persons sustaining injuries or other damages due to defective sidewalks shall be against the person(s) owning the real property adjacent to or abutting a public sidewalk. Property owners abutting a public sidewalk shall indemnify the City for any costs it may incur in defending lawsuits which may arise as a result of the property owners’ failure to repair or maintain the abutting sidewalks. Nothing herein shall affect the City’s right to cause sidewalks to be repaired pursuant to MCC 12.10.040, et seq. and to assess the costs thereof against the abutting properties. (Ord. 910, § 1, August 3, 1982; amended by Ord. 1282, § 1, August 3, 2010. Code 1983 § 32.117.)
12.10.040 Notice to construct, alter, or repair sidewalk.
(1) Whenever a public sidewalk is found to be defective, out of repair or hazardous, the City Manager may issue a notice to the owner or owners of the property adjacent to or abutting the sidewalk to repair or restore the sidewalk.
(2) The notice shall identify the work to be done and shall require the owner of the property abutting the sidewalk to complete the work within a period of time set by the City Manager, which shall be not less than 30 days. The notice shall also state that if the work is not completed by the owner within the specified period of time, the City may complete it and assess the cost against the property abutting the sidewalk.
(3) The City Manager shall cause a copy of the notice to be served on the owner or owners of the property abutting the sidewalk in person or by first class and certified mail, return receipt requested. If after diligent search an owner cannot be found or served with notice, the City Manager shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall be considered to have the same effect as personal service of notice upon the owner.
(4) The person serving the notice shall file with the City Manager a return of service, reciting the time, place, and manner of service. (Ord. 597, § 3; amended by Ord. 1282, § 2, August 3, 2010. Code 1983 § 32.120.)
12.10.050 City may construct, alter, or repair sidewalk.
If the sidewalk repair or restoration is not completed within the required period of time specified in the notice, the City Manager shall direct that the repair or restoration be made by the City, and assess the cost thereof against the property abutting the sidewalk as provided in MCC 12.10.060. (Ord. 597, § 4; amended by Ord. 964, § 1, January 7, 1986; amended by Ord. 1282, § 3, August 3, 2010. Code 1983 § 32.130.)
12.10.060 Assessment for sidewalk work done by City.
Upon completion of any sidewalk repair or restoration by the City pursuant to MCC 12.10.050, the costs thereof may be assessed against the property abutting the repairs, and such assessment shall be a lien against the property and may be levied and collected, all in the same manner as is provided for the assessment and collection of nuisance abatement costs in MCC 8.05.210. (Ord. 597, § 8; amended by Ord. 1282, § 4, August 3, 2010. Code 1983 § 32.160.)
Article II. Sidewalk, Curb Specifications
12.10.070 Sidewalk specifications.
(1) All sidewalks hereafter constructed within the City of Monmouth shall be constructed of concrete cement compounded of Portland cement, clean sand, clean gravel and water in sufficient quantities to achieve a 28-day compressive strength of at least 2,500 pounds per square inch when tested in accordance with applicable standards of the American Society for Testing Materials.
(2) All sidewalks shall be three and five-eighths inches minimum thickness and five and three-eighths inches minimum thickness across driveways.
(3) Sidewalks shall have a fall of 0.025 inches per foot from the property line toward the curb, and shall be so laid that the street side of the walk shall be at an elevation equal to that of the curb of the street, unless the City Manager shall otherwise authorize.
(4) Sidewalks shall be divided into square blocks of no greater dimension than seven feet, by joints running across the walk at right angles to their length. Each joint shall be plainly marked with a deep cutter two inches in width. The edges of all blocks shall be smoothly marked with a three-inch edger and be free from broom marks. All walks and driveways shall receive a broom finish.
(5) Driveway portions of sidewalks shall be scribed in a like fashion and shall be poured independently of walks and curbs and shall be separated from such walks and curbs by a cold joint or one-half-inch expansion joint. (Ord. 706, § 1. Code 1983 § 32.210.)
12.10.080 Location.
All sidewalks shall be laid adjacent the street curb, except:
(1) Where an existing portion of sidewalk already exists within the block on or near the property line, all sidewalks upon that side of the street and within the block where the existing property line sidewalk exists shall be constructed adjacent the property line.
(2) Where the City Council by resolution shall provide otherwise. (Ord. 706, § 2. Code 1983 § 32.220.)
12.10.090 Width of sidewalks.
All sidewalks hereafter constructed or repaired shall be of the following minimum width, exclusive of any curb:
(1) If within a C-2 commercial zone as defined by the Zoning Ordinance of this City, or adjacent any property owned, used or to be used for school or public education purposes: eight feet.
(2) Elsewhere: five feet, except curb line walks shall be five feet inclusive of curb surface. (Ord. 706, § 3. Code 1983 § 32.230.)
12.10.100 Planting wells.
(1) Planting wells in sidewalks for trees or other vegetation are permitted in sidewalks; provided, that:
(a) The well measures no more than three feet in any lateral direction;
(b) No less than one foot of sidewalk is constructed between the curb and edge of the planting well;
(c) No less than four feet of sidewalk is constructed between the planting well and the property line; and
(d) The planting well shall be so constructed as to provide protection against growth of weeds or wild grass.
(2) Planters on sidewalks are permitted on sidewalks; provided, that:
(a) The planter and plant measures no more than two feet in any lateral direction and no more than 48 inches in height;
(b) The planter is placed no more than one foot from any building;
(c) If the planter is placed adjacent to the curb, such planter is placed in areas not in parking areas; and
(d) A minimum passage way of six feet is available for pedestrian traffic at all times.
(3) Approval by the City of any sidewalk planting well or planter shall not obligate the City to maintain the same, and maintenance of the well and any plantings therein shall be the obligation of the owner of the adjoining property. (Ord. 778, §§ 1 – 3. Code 1983 § 32.240.)
12.10.110 Construction permit.
(1) No person, firm, corporation or unit of government other than the City of Monmouth shall construct any sidewalk without first applying for and receiving a permit to so construct such sidewalk from the City Manager.
(2) No sidewalk shall be constructed by any person, firm, corporation or unit of government other than the City of Monmouth without construction thereof being inspected by the City Manager or his designee and approved by him as conforming to the standards of the City of Monmouth. (Ord. 706, § 5. Code 1983 § 32.250.)
12.10.120 Curb specifications.
(1) All curbs hereinafter constructed upon public streets within the City of Monmouth shall be of concrete cement and shall be set so that their top and the alignment and distance from the established street grades and centers are as prescribed in the approved project plans or as approved by the City Manager.
(2) Curbs shall be constructed 16 inches high, perpendicular on the back, six inches wide at the top, not less than eight inches wide at the bottom and shall be sloped at the front. The back of the curbs at the top shall be finished with not greater than a one-half-inch radius tool. The front edge shall be finished with a one-inch radius tool. Each curb shall be fitted with an expansion joint filled with suitable material every 15 feet.
(3) No curb cut or driveway approach through a curb shall be permitted except that the cut shall be smoothed and the portion of curb remaining shall be no less than one inch nor more than two inches above the level of the adjoining paving. (Ord. 706, § 6. Code 1983 § 32.260.)
12.10.130 Permit required.
(1) No person, firm, corporation or unit of government other than the City of Monmouth or State of Oregon Highway Department shall construct any curb or make any cut or alteration in any existing curb without first obtaining from the City Manager a permit for such construction, cut or alteration.
(2) No curb shall be constructed, nor shall any cut or alteration be made in any existing curb without the construction thereof being inspected by the City Manager or his designee and approved by him as conforming to the standards of the City of Monmouth. (Ord. 706, § 7. Code 1983 § 32.270.)
12.10.140 Driveway specifications.
No driveway shall be used or maintained unless the traveled portion thereof, exclusive of that portion used as sidewalk, shall be paved between the property line and the curb line with concrete cement or asphaltic cement. (Ord. 706, § 8. Code 1983 § 32.280.)
12.10.150 Penalties.
Violation of MCC 12.10.070 to 12.10.150 shall be punished by a fine of not to exceed $250.00. (Ord. 706, § 9; amended by Ord. 1046, § 3, Dec. 10, 1991. Code 1983 § 32.295.)
Article III. Obstruction of Sidewalks, Rights-of-Way
12.10.160 Merchandise on sidewalks.
(1) It shall be unlawful for any person, firm, or corporation to place or expose for sale any groceries, vegetables, furniture, boxes, fowl, goods, wares, or materials of any description, or any other obstruction on any portion of the sidewalk in front of or adjacent to the property owned or occupied by such person, firm or corporation. Nothing in this section shall be construed to prohibit the display of such goods or materials upon private property nor shall this section be construed to apply to persons receiving or discharging goods, wares, or merchandise across a sidewalk, provided due diligence is used in removing the same.
(2) Penalty. Any person violating any provision of this section shall be punished by a fine of not to exceed $250.00. (Ord. 427, §§ 1, 2; amended by Ord. 1046, § 4, Dec. 10, 1991. Code 1983 §§ 32.310, 32.396.)
12.10.170 Gasoline pumps, signs or other obstructions on sidewalks.
(1) It shall be unlawful for any person, persons, firm, or corporation, to place, erect, or construct upon the sidewalks or upon the space between the building line and the curb line of any street or avenue in the City of Monmouth, Polk County, Oregon, any gasoline pump, sign, signpost or other obstruction.
(2) Penalty. Any person violating any provision of this section shall be punished by a fine not to exceed $250.00. Each day a violation continues shall be considered a separate offense. (Ord. 313, §§ 1, 2; amended by Ord. 1046, § 5, Dec. 10, 1991. Code 1983 §§ 32.320, 32.397.)
12.10.180 Exception.
(1) As an exception to the obstruction prohibitions of MCC 12.10.160 and 12.10.170, concerning sidewalks, cafe and restaurant owners or proprietors who wish to operate a sidewalk eating area shall obtain a permit for the sidewalk eating area. The sidewalk eating area shall meet the following requirements:
(a) The sidewalk eating area’s boundaries shall be the business’s property lines and an outer line not less than five feet from all streets, curbs or permanent landscaping.
(b) The sidewalk eating area shall only be used from May 15th until October 1st of each year and daily from store opening until dusk.
(c) All tables, chairs and accessories shall be removed from public property during hours or seasons when the sidewalk eating area is not in use.
(d) The owner or proprietor shall accept liability for any damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area.
(2) An owner or proprietor who wishes to obtain a permit for a sidewalk eating area shall submit to the City Manager an application containing:
(a) The dimensions of the proposed eating area and distances to applicable streets, curbs, and permanent landscaping.
(b) The specific beginning and ending dates of planned seasonal use and the planned hours of daily operation.
(c) A statement that the applicant accepts liability for damage claims arising from the existence of the sidewalk eating area or for any costs arising from the abatement of any public nuisance arising from the existence of the sidewalk eating area.
(3) The City Manager shall review each application and the site of the requested permit for a sidewalk eating area. The City Manager shall issue the permit if the request meets the requirements of subsection (1) of this section and the sidewalk eating area does not violate any City ordinance. The permit shall state the area boundaries, date of termination and hours of operation.
(4) As used in this section, the term “sidewalk eating area” means an area of City sidewalk in front of a restaurant or cafe upon which provision is made for consumption of food or beverages. The term does not include preparation or sale of food or beverages.
(5) Penalty. Operation of a sidewalk eating area without a permit issued under subsection (3) of this section, or in violation of such a permit, shall constitute a general nuisance as defined in Chapter 8.05 MCC and shall be subject to abatement under Chapter 8.05 MCC. (Ord. 827, § 1. Code 1983 §§ 32.330, 32.395.)