Chapter 12.40
SIDEWALK MAINTENANCE1
Sections:
12.40.020 Expense of sidewalks.
12.40.050 Failure to comply with notice.
12.40.060 Property owner liable.
12.40.010 Definition.
For the purposes of this chapter, all properties fronting, or having frontage on, any street or street right-of-way in the city shall be deemed to be abutting property. All owners of such property shall be responsible as provided by this chapter for all maintenance, repairs, and/or replacement of any sidewalk improvement between the street or street right-of-way and the curb or edge of street in front of or adjacent to the property. Said owners of such adjacent or abutting property shall be responsible for any and all costs associated with any maintenance, repairs, and/or replacement of such sidewalk improvements. The term “sidewalk” shall include any and all structures or forms of street improvement included in the space between the street right-of-way and the curb or edge of street. [Ord. 575B, 1995.]
12.40.020 Expense of sidewalks.
Whenever any street, lane, square, place, or alley in the city 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 replacement of that sidewalk or sidewalks shall be upon the property directly abutting upon the side of such street or other public place along which said sidewalk has been constructed as provided in this chapter. [Ord. 575B, 1995.]
12.40.030 Notice to owner.
The public works director is charged with the inspection and the care of the sidewalks along and/or adjacent to the public streets, lanes, squares, places, and alleys of the city. Whenever, in the judgment of the public works director, the condition of any sidewalk is such as to render it unfit or unsafe for purposes of public travel, the public works director shall notify the owner of the property immediately abutting said portion of the sidewalk of the condition thereof, instructing the owner to clean, repair, maintain, or replace said portion of said sidewalk in such manner as the ordinances of the city shall require, and it shall then be the duty of the public works director to serve such notice upon the owner. [Ord. 575B, 1995.]
12.40.040 Form of notice.
A. The notice prescribed in CMC 12.40.030 shall be addressed to the owner of the property abutting upon the portion of said sidewalk to be cleaned, repaired, maintained, or replaced; and shall specify a reasonable time in which such cleaning, repairing, maintenance, or replacement shall be executed by the owner, and the general character of such improvement when so ordered by the public works director.
B. Said notice shall be served upon the property owner by certified mail, return receipt requested, or by personal service. When in the opinion of the public works director the time for compliance with said notice should be extended, said time shall be extended for a period not to exceed 20 days for each extension. [Ord. 575B, 1995.]
12.40.050 Failure to comply with notice.
If any such property owner, who has been so notified, shall fail to do such cleaning or to make such repairs or maintenance, or to replace said sidewalk within the time specified in such notice, then the public works director shall cause said sidewalk to be cleaned, repaired, maintained, and/or replaced. After any such work has been completed, the public works director shall charge the property owner for any and all costs associated with said work. If said charge is not paid within a time frame designated by the public works director, the city shall file a lien upon said property for the collection of such charges in accordance with all applicable laws. [Ord. 575B, 1995.]
12.40.060 Property owner liable.
In the event of any injury or damage to any person and/or property proximately caused by a defective, dangerous, or hazardous condition of any sidewalk as determined by the public works director, or by the presence or accumulation of ice or snow, dirt, debris, or other foreign material thereon, or by lack of proper guards or railings on or along the property abutting on any public street or street right-of-way, the abutting property owner, where such injury or damage occurs, shall be liable therefor, and shall be liable to the city for all damage, injury, costs, and disbursements including court costs and attorney’s fees, which the city may be required to pay or incur as a result of any person injured or property damaged. [Ord. 575B, 1995.]
Code reviser’s note: For statutory provisions on sidewalks applicable to third class cities, see Chapters 35.68, 35.69 and 35.70 RCW; for provisions on sidewalks in code cities, see RCW 35A.47.020.