Chapter 14.08
MAINTENANCE OF SIDEWALKS
Sections:
14.08.020 Expense of sidewalks to devolve on abutting property.
14.08.030 Condition of sidewalk unsafe—Notice to owner.
14.08.060 Failure to comply with notice—Lien upon property.
14.08.070 Records to be kept by city clerk.
14.08.010 Definitions.
For the purposes of this chapter all property having a frontage upon the sides or margin of any street shall be deemed to be abutting property and such property shall be chargeable as provided by this chapter for all costs of maintenance, repairs or renewal of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to the property and the term sidewalk, as intended for the purposes of this chapter, shall be taken to include any and all structures or forms of street improvement included in the space between the street margin and the roadway. (Ord. 199 § 6, 1909).
14.08.020 Expense of sidewalks to devolve on abutting property.
Whenever any street, lane, square, place or alley in the city of Centralia, shall have been improved by the construction of a sidewalk or sidewalks along either or both sides thereof, the duty, burden and expense of maintenance, repairs and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon the side of such street or other public place along which such sidewalk has been constructed as provided in this chapter. (Ord. 199 § 1, 1909).
14.08.030 Condition of sidewalk unsafe—Notice to owner.
Whenever in the judgment of the city council the condition of any sidewalk is such as to render it unfit or unsafe for purposes of public travel the city council shall instruct the street commissioner to notify the owner of the property immediately abutting upon said portion of the sidewalk of the condition thereof, instructing the owner to clean, repair or renew said portion of the sidewalk in such manner as the city council shall designate, and it shall then be the duty of the street commissioner to serve such notice upon the owner. (Ord. 199 § 2, 1909).
14.08.040 Form of notice.
The notice mentioned in CMC 14.08.020 shall be addressed to the owner of the property abutting upon the portion of such sidewalk to be cleared, repaired, or renewed, shall specify a reasonable time within which such cleaning, repairing or renewal shall be executed by the owner, and the general character of such improvement when so ordered by the city council and shall be sufficient if substantially in the following form:
Notice to Clean, Repair, or Renew Sidewalk.
To ____________________
You are hereby notified and instructed to (clean, repair or renew) the sidewalk extending along the ____ side of (Description) being at No. _____ street or avenue, of which property you are the owner, by _____ (give general character of cleaning, repairing or renewal), within _____ days from and after the service of this notice, and in case of your failure to do such cleaning or to make such repairs or renewal within the time herein specified then the street commissioner of the city will proceed to clean said walk or to make such repairs or renewal forthwith and will report to the city council at its regular meeting on the _____ day of _____, 20__ an assessment roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such cleaning improvement or repairs and the name of the owner, if known, as above set forth, and at the time of the presenting of such assessment roll the council will hear any or all protests against the proposed assessment and will proceed to assess the cost of such work against said property in accordance with the benefits derived therefrom which said charge shall become a lien upon said property and shall be collected by the process of law. All in accordance with Chapter 37 Session Laws of 1905 page 61 of Washington and ordinance No _____ of the City of Centralia.
By Order of the City Council
Dated Centralia, Washington _____ 20__
Street Commissioner.
When any improvement provided for by this ordinance is a renewal of any sidewalk, the time for the execution of the same by the property owner shall not be less than ten days, which time shall be considered a reasonable time for such renewal. (Ord. 199 § 3, 1909).
14.08.050 Service of notice.
Service of the notice provided for in CMC 14.08.040 shall be made as follows:
By being delivered in person to the owner of the property or his authorized agent, or by leaving a copy of such notice at the home of the owner or authorized agent, or if the owner is a nonresident by mailing a copy to his last known address, or if the owner of the property be unknown or if his address be unknown then such notice shall be addressed to the general delivery office of the city. (Ord. 199 § 4, 1909).
14.08.060 Failure to comply with notice—Lien upon property.
If any such property owner who has been so notified shall fail to do such cleaning or to make such repairs or renewal within the time specified in such notice, then the street commissioner will proceed to clean said walk or to make such renewal or repairs forthwith, and will report to the city council at the time set in such notice, an assessment roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such improvement or repair or renewal, and the name of the owner if known, and shall attach thereto and file therewith a copy of the notice served together with proof of service of the same, and the city council shall at the time specified in such notice hear any or all protests against the proposed assessment as set forth in the notice. And the council shall at the time in such notice designated or at an adjourned time or times, assess the cost of such work against the property described in the notice in accordance with the benefits derived therefrom, and said charge shall become a lien upon said property and shall be collected by due process of law. (Ord. 199 § 5, 1909).
14.08.070 Records to be kept by city clerk.
The city clerk shall keep in his office a well- bound book in which he shall enter an abstract of all statements and assessments filed in accordance with the foregoing sections, showing a description of the property, the name of the owner thereof, the total cost charged to each owner, and the date of filing the said statement and when any property is cleared of the lien by payment he shall note this fact upon such book with the date of the payment. (Ord. 199 § 7, 1909).