Chapter 12.22
REPAIR OF DAMAGE TO PUBLIC RIGHT-OF-WAY

Sections:

12.22.010    Authorization to direct repair of damage to public right-of-way.

12.22.020    Authorization to charge costs and expense of repair.

12.22.030    Repairs performed by the city – Assessment of costs – Lien.

12.22.040    Notice of repair – Service – Contents.

12.22.050    Notice of assessment – Service – Contents – Publication.

12.22.010 Authorization to direct repair of damage to public right-of-way.

Whenever, in the judgment of the director of public works or his or her designee (“director”), a property owner has damaged the public right-of-way abutting his or her property, including but not limited to the street, sidewalk, pavement, sewers, drain inlets, curbs, gutters, drainage canals, and catch basins, the city, in accordance with the procedures outlined in BLMC 12.22.040 and 12.22.050, may direct the property owner to repair this damage at the property owner’s expense. (Ord. 1117 § 1, 2005).

12.22.020 Authorization to charge costs and expense of repair.

If a property owner fails or refuses to repair the damage, or fails to make a repair in the manner and quality specified by the director, or within the time period specified, the city, in accordance with the procedures outlined in BLMC 12.22.030, 12.22.040 and 12.22.050, may make the repair and charge the costs and expense, plus 12 percent, against the property owner.

A property owner shall not be charged with any costs of repair in excess of 50 percent of the valuation of the abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. An abutting property owner may not be charged with any costs of repair if the repair is required to correct deterioration of or damage that is the direct result of actions by the city or its agents or to correct deterioration or damage that is the direct result of the failure of the city to enforce its ordinances. (Ord. 1117 § 1, 2005).

12.22.030 Repairs performed by the city – Assessment of costs – Lien.

In order to charge costs and expense of repair against an adjacent property owner, the director must report to the city council an assessment roll showing: (1) the lot or parcel of land immediately adjacent to the damaged portion of the public right-of-way; (2) the costs and expense to repair the damage, plus 12 percent; and (3) the name of the owner if known. This assessment must be presented at a regularly scheduled city council meeting. The council shall allow the property owner, if in attendance, a reasonable time to comment on the assessment. Thereafter, the council, by ordinance, shall accept, reject, or modify the assessment. If the council votes to assess any costs against the property owner, the assessment shall become a lien on the property and shall be collected in the manner provided by law. If appropriate, the council shall specify whether the property owner must pay the charges in one payment, or in installments. The council may fix a reasonable interest rate, not to exceed 12 percent, on late installment payments. (Ord. 1117 § 1, 2005).

12.22.040 Notice of repair – Service – Contents.

In order to require a property owner to make a repair, or to charge the costs and expense of repair against a property owner, the city must serve upon the property owner a written notice of repair. The city shall serve the notice by leaving it at the property with a person 18 years or older, or by posting it in a conspicuous location on the property. If neither of the above methods can be accomplished through reasonable diligence, the city may send the notice to the recorded property owner via certified mail, return receipt requested. The notice must be served with a copy of this chapter. Proof of service, in the form of an affidavit, shall be filed with the city clerk immediately after service is accomplished.

The notice shall specify the time within which the repair shall be completed. The time given shall allow the property owner a reasonable amount of time to complete the repair, and shall in no event be less than 45 days. The notice shall state that if the owner fails to make the required repair within the time specified, the city may elect to make the repair and charge the costs and expense, plus 12 percent, against the owner. The notice shall state that the property owner will be notified at least 10 days in advance of the date, location, and time of the council meeting at which any assessment will be reported. The notice shall advise the property owner that he or she has a right to appear at this meeting, and that he or she will be allowed a reasonable amount of time to comment on the assessment. (Ord. 1117 § 1, 2005).

12.22.050 Notice of assessment – Service – Contents – Publication.

At least 10 days prior to the council meeting at which the assessment will be reported, the city shall serve upon the property owner a notice of assessment. The city shall serve the notice by leaving it at the property with a person 18 years or older, or by posting it in a conspicuous location on the property. If neither of the above methods can be accomplished through reasonable diligence, the city may send the notice to the recorded property owner via certified mail, return receipt requested. Proof of service, in the form of an affidavit, shall be filed with the city clerk immediately after service is accomplished.

The notice shall state the location, date, and time of the council meeting. The notice shall advise the property owner that at this meeting, after allowing the property owner a reasonable amount of time to comment on the assessment, the council will by ordinance accept, reject, or modify the assessment. The notice shall advise the owner of the right to appeal any assessment pursuant to RCW 35.68.050.

For two consecutive weeks prior to the meeting at which the assessment will be reported, the city shall publish in the official newspaper or regular official newspaper publication of the city the location, date, and time of the meeting; the address of the property; and the fact that an assessment will be reported against the property. (Ord. 1117 § 1, 2005).