Chapter 13.04
SIDEWALK CONSTRUCTION AND MAINTENANCE1
Sections:
13.04.030 Responsibility and duty to maintain, repair and reconstruct planting strips.
13.04.040 Responsibility and duty to maintain, repair and reconstruct transition strips.
13.04.060 Hazardous conditions on public street right-of-way.
13.04.070 Inspection and identification of defective sidewalks.
13.04.100 Sidewalk – Snow, ice, signage and trash removal required.
13.04.110 Street trees and plantings – Trimming and removal limitations.
13.04.010 Purpose.
(1) This chapter is enacted to implement Chapter 35.70 RCW in the city of Buckley with respect to sidewalk repairs and to clarify the responsibility of the abutting property owners for maintenance of planting strips and transition strips.
(2) This chapter shall not be construed as repealing or amending any provision relating to the improvement of streets or public places by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and auxiliary thereto; and the city council, before exercising the authority herein granted, may by ordinance provide for the application and enforcement of the provisions of this chapter within the limits herein specified. (Ord. 01-17 § 1, 2017).
13.04.020 Definitions.
Terms used in this chapter shall have the meanings as set forth in this section:
“Abutting property” means all property having a frontage upon the sides or margin of any street.
“Curb” means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the roadway and to separate the vehicular portion from that provided for pedestrians and to control surface drainage.
“Driveway” means a privately maintained access to residential, commercial, or industrial properties.
“Planting strip” means that portion of the right-of-way behind the curb line and between the curb line and the sidewalk or between the sidewalk and the right-of-way line used for the planting of trees, grass, shrubs or ground cover.
“Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls or rockeries lying within the right-of-way, and planting strips and transition strips with like materials, each such damaged portions not exceeding 150 square inches in area. Larger areas shall be classified as reconstruction.
“Sidewalk” means any structure or form of public street improvement included in the space between the street margin and the roadway or, in some cases, the back of sidewalk, excepting driveways.
“Street” means any public boulevard, avenue, street, alley, way, lane, square, or place.
“Street tree” means a tree planted within the public right-of-way or landscape/streetscape easement.
“Transition strip” means that portion of the right-of-way between the outside of the sidewalk and the abutting property line, or, where no sidewalk exists, that portion of the right-of-way between the outside of the curb and the property line, or where no curb or sidewalk exists, that portion of the right-of-way between the edge of the roadside ditch or the shoulder of the road, whichever is closer to the abutting property line, and the abutting edge of right-of-way. (Ord. 01-17 § 1, 2017; Ord. 817 § 1, 1971. Formerly 13.04.010).
13.04.030 Responsibility and duty to maintain, repair and reconstruct planting strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent planting strips in an attractive and safe manner. Planting strips shall be maintained, repaired or reconstructed with an approved material and free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Nonliving material shall be level with the top of the curb and the sidewalk and shall be contained within the planting strip so as not to be a hazard to the persons using the sidewalk or street or crossing the strip going to or from a vehicle. Living vegetation exclusive of street trees placed in the planting strip shall be of a height that does not interfere with the lawful and safe use of the public right-of-way and shall be maintained by weeding, spraying, fertilizing, watering and trimming. Street tree species and root barriers shall be approved by the public works department to ensure that the species will fit in the space provided. The plans for the planting strip shall be submitted to the planning department for review by the planning and public works departments. Approval of all materials and design is required prior to the installation of materials within the planting strip. (Ord. 01-17 § 1, 2017).
13.04.040 Responsibility and duty to maintain, repair and reconstruct transition strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent transition strips in an attractive and safe manner, free of vegetation which tends to impair the use of the right-of-way for public purposes. Nonliving material shall be contained within the transition strip so as not to be a hazard to the persons using the sidewalk or street. Living vegetation placed in the transition strip shall be maintained by weeding, spraying, fertilizing, watering and trimming. Street tree species and root barriers shall be approved by the planning department to ensure that the species will fit in the space provided. The abutting property owner shall maintain, repair and reconstruct rockeries and retaining walls within the transition strip; provided, however, the city of Buckley shall repair and reconstruct all rockeries and retaining walls constructed under street projects that exceed an average height of six feet as measured from the base of the retaining wall or rockery. (Ord. 01-17 § 1, 2017).
13.04.050 Responsibility for sidewalks and procedures and methods for maintenance, repair and/or reconstruction – Apportionment of costs.
(1) The city is generally responsible for sidewalk maintenance and repair.
(2) The city may construct, reconstruct or repair sidewalks and pay the costs thereof from any available funds, or the city may require the abutting property owner to construct the sidewalk improvement at his or her own cost or expense or, in the alternative, the city may assess all or any portion thereof against the abutting property owner. In the event the city requests an abutting property owner to undertake or pay for the improvement, it shall follow the procedures for resolution, notice and hearing on such improvements as set forth in applicable law.
(3) Any person desiring to repair, change or relocate any sidewalk abutting their property shall submit application to the city planning department for a right-of-way use permit. Such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and location of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit; provided further, however, that the cost of reconstruction shall be borne solely by the abutting property owner without contribution from the city.
(4) Property owners or tenants are responsible for repairing any damage that they cause, including but not limited to damage from driving on sidewalks. (Ord. 01-17 § 1, 2017).
13.04.060 Hazardous conditions on public street right-of-way.
It is unlawful for the owner and/or any person occupying or having charge or control of any premises abutting any public street right-of-way or alley in the city to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:
(1) Defective sidewalk surfaces, including but not limited to broken or cracked cement concrete, stub-toes, depressions within or between sidewalk joints.
(2) Defective cement concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said juncture.
(3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way.
(4) Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over such public sidewalks or rights-of-way.
(5) Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line.
(6) Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble, or slip by reason of the existence of such foreign matter.
(7) Defective handrails or fences or similar structures within or immediately adjacent to said right-of-way area. (Ord. 01-17 § 1, 2017).
13.04.070 Inspection and identification of defective sidewalks.
(1) Annually, the city public works department inspects the sidewalks within developed areas to identify whether sidewalk repairs are necessary. The inspection and identification of needed repairs are in accordance with the defect definitions and repair criteria outlined in BMC 13.04.060.
(2) The city public works inspector completes a sidewalk inspection report for each damaged area and uses marking paint to identify the sidewalk panels that contain one or more of the defects outlined in BMC 13.04.060.
(3) Only sidewalks are inspected. The parkway, planter strips, driveway approaches, water stop boxes located outside of the sidewalk and other appurtenances are not to be inspected.
(4) In addition to annual inspections, the city inspects sidewalks upon receipt of a complaint from the public.
(5) Whenever an inspection determines that a sidewalk is unsafe or unfit for public use, or whenever it appears necessary or advisable that a new sidewalk be constructed, or an old sidewalk replaced or repaired, or an obstruction removed, the city council may, pursuant to BMC 13.04.050, authorize the city public works department to schedule and make repairs or may by resolution order the work done at the expense of the owner or occupants of the abutting property.
(a) Notice shall be given to such owner or occupants, and procedure shall be followed as specified in Chapters 35.68, 35.69, and 35.70 RCW.
(b) Nothing contained in this section shall be construed to prohibit or limit the right of citizens or of the city to initiate sidewalk improvements by means of a local improvement district. (Ord. 01-17 § 1, 2017).
13.04.080 Regulations governing construction, maintenance, and repair of sidewalks, curbs, driveways and parking strips.
Driveways, sidewalks, curbs, and gutters shall be constructed in accordance with the city’s adopted Development Guidelines and Public Works Standards. It shall be unlawful for any person to cause or permit any work to be done that violates or does not conform to the public works standards. (Ord. 01-17 § 1, 2017).
13.04.090 Permit required.
Persons desiring to repair any sidewalk abutting their property shall submit application to the city planning department for a right-of-way use permit. Such application shall contain the exact location of the proposed repair. No repairs shall be made until the city has issued the appropriate permit. The permit shall prescribe the kind of repair to be made, the material to be used, and specifications therefor. (Ord. 01-17 § 1, 2017).
13.04.100 Sidewalk – Snow, ice, signage and trash removal required.
It is unlawful for any person, firm or corporation owning real property within the city of Buckley to permit the accumulation of snow, ice, signage, trash or any other matter on an existing sidewalk that impedes the normal flow of pedestrian traffic. In the event the property is owned by a person not a resident of the city of Buckley, a reasonable period of time shall be provided for the owner or his agent to remove the material. If such removal is not accomplished within a reasonable period of time, the city administrator may declare the accumulation and/or obstruction a public nuisance pursuant to BMC 8.18.040 subject to enforcement under BMC 8.18.080 and 13.04.120. (Ord. 01-17 § 1, 2017).
13.04.110 Street trees and plantings – Trimming and removal limitations.
Notwithstanding any provision of franchise agreements, street trees planted within the public right-of-way or easements along roads under the jurisdiction of the city of Buckley shall comply with the trimming and removal limitations below.
(1) Pruning Street Trees. Private parties may have street trees pruned with written permission from the city. To obtain permission the applicant(s) shall:
(a) Submit a written request to the city a minimum of 30 days prior to pruning;
(b) Identify the trees to be pruned and describe the specific work to be performed;
(c) Pay for all costs associated with the proposed pruning; and
(d) Comply with the pruning standards as required per public works standards and policy.
(2) Public Tree Care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(a) The city public works department may recommend removal of, or cause or order to be removed, any tree or part thereof that is in an unsafe condition or by reason of its nature is injurious to sewers, electric power lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
(3) Topping and climbing trees with spurs is prohibited. Unless otherwise allowed under franchise agreements, topping of park and street trees is prohibited. Climbing spurs may be used to climb a park or street tree only if it is to be removed.
(4) Insect and Disease Abatement. The city may prune, spray, or otherwise maintain park and street trees in order to control infestations of insects or disease or to maintain public safety. Private parties may with written permission hire a certified pest controller to spray street trees adjacent to their property.
(5) Hazard Trees – City’s Authority to Remove. The city may remove any park or street tree determined to be a hazard by the public works department.
(6) Park or Street Tree Removal Process. No city trees shall be cut down, killed, or removed for any reason without complying with the following procedure:
(a) File an application with the public works department;
(b) Receive approval from the city for removal. (Ord. 01-17 § 1, 2017).
13.04.120 Penalties.
Any person in violation of this chapter is subject to a civil fine pursuant to Chapter 1.12 BMC. Each day during which a violation of any of the above sections occurs constitutes a separate infraction. (Ord. 01-17 § 1, 2017).
For the statutory provisions regarding sidewalk construction in cities including the landowner’s responsibility for the burden and expense of constructing sidewalks along any street or other public place abutting his property and the provisions regarding notice of needed improvements to the owner and the procedure to be followed, see Chapter 35.70 RCW.