Chapter 12.25
SIDEWALK MAINTENANCE
Sections:
12.25.020 Duty to maintain and clear sidewalks.
12.25.030 Liability for sidewalk injuries.
12.25.040 Standards and specifications.
12.25.050 Notice to construct, alter, or repair sidewalk.
12.25.060 City may construct, alter, or repair sidewalk.
12.25.070 Assessment for sidewalk work done by city.
12.25.080 Lien docket – Interest.
Prior legislation: Ord. 272, Code §§ 12.20.010 and 12.20.020.
12.25.010 Definitions.
As used in this chapter, the following mean:
“City manager” means the city’s city manager or designee.
“Person” means a natural person, firm, corporation, or other legal entity.
“Safe condition” includes being free of snow, ice, or any obstruction.
“Sidewalk” means the part of the street right-of-way between the curblines or the lateral lines of the roadway and the adjacent property lines, including any culvert or landscaping located in such part of the street. [Ord. 503 § 2 (Exh. A), 2020].
12.25.020 Duty to maintain and clear sidewalks.
It is the duty of the owner of land adjoining a street to maintain in good repair, and remove obstructions from, the adjacent sidewalk; provided, however, that the city of Sisters shall not be obligated to remove signs, utility structures including fire hydrants, and similar objects that have been placed by the city in the sidewalk. [Ord. 503 § 2 (Exh. A), 2020].
12.25.030 Liability for sidewalk injuries.
(1) The owner of real property abutting a sidewalk shall be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair or safe condition.
(2) If the city is required to pay damages for an injury to any persons or property caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the amount of the damages thus paid, and the attorney fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(3) It is not necessary for the city to have notified the owner of real property abutting the sidewalk pursuant to SMC 12.25.050 that the sidewalk needs construction, alteration, repair, or removal of obstructions in order for the owner of real property abutting the sidewalk to incur liability for sidewalk injuries. [Ord. 503 § 2 (Exh. A), 2020].
12.25.040 Standards and specifications.
Sidewalks shall be constructed, altered, and repaired in accordance with the public works standards and specifications. [Ord. 503 § 2 (Exh. A), 2020].
12.25.050 Notice to construct, alter, or repair sidewalk.
(1) When the city manager determines that a sidewalk needs construction, alteration, or repair, the city manager may issue a notice of such determination to the owner of the land abutting the sidewalk needing construction, alteration, or repair.
(2) The notice shall require the owner of the property abutting the sidewalk to complete the work within 30 days after service of notice. The notice shall also state that if the work is not completed by the owner within the 30 days, the city may complete the work and assess the cost against the property abutting the sidewalk.
(3) The city manager shall cause a copy of the notice to be served personally upon the owner of the property abutting 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 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 of the property.
(4) The person serving the notice shall file a return of service, reciting the time, place, and manner of service. A mistake in the name or address of the owner, agent, or occupant does not render the notice void, but in such case the posted notice shall be sufficient. [Ord. 503 § 2 (Exh. A), 2020].
12.25.060 City may construct, alter, or repair sidewalk.
If the sidewalk alteration or repair is not completed within 30 days after service of the notice, the city manager may, in addition to any other remedy available to city, cause the repairs to be made. Upon completion of such a project, the city manager shall submit a report to the council containing an itemized statement of costs. [Ord. 503 § 2 (Exh. A), 2020].
12.25.070 Assessment for sidewalk work done by city.
Upon receipt of the report, the council, by resolution, 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 levied and collected in the same manner as is provided for the collection of assessments for local improvements. The lien shall be superior and prior to all other liens or encumbrances on the property insofar as the laws of the state permit. [Ord. 503 § 2 (Exh. A), 2020].
12.25.080 Lien docket – Interest.
The recorder shall maintain a repair lien docket and enter all liens provided for in SMC 12.25.070. The liens shall bear interest at the statutory rate beginning 15 days after the date that notice of assessment is mailed. [Ord. 503 § 2 (Exh. A), 2020].
12.25.090 Penalty.
Any person violating any provisions of this chapter is punishable by a fine not to exceed $500.00. Every violation and each day that such violation persists is a separate violation. The remedies specified in this section shall not be deemed exclusive and, at the option of the city, the city may seek any other remedy available at law or equity including, without limitation, an injunction in any court of competent jurisdiction in the state to enjoin any violation of this chapter. The violator will be responsible for city’s attorney fees and costs. [Ord. 503 § 2 (Exh. A), 2020].