Chapter 12.16 CONSTRUCTION AND

RCW 35.68.010 through 35.68.080 and RCW 35.70.010 through 35.70.100 inclusive, together with all amendments, extensions, additions thereto or deletions therefrom, are by this reference adopted and incorporated in this chapter. (Ord. 748 § 1, 1994).

12.16.010 Definitions.

For the purpose of this chapter, certain words and terms used are defined as set forth in this section:

“Abutting property” means all property having a frontage upon the sides or margin of any street in the city 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 any adjacent property.

“Concrete curbs and gutters” means that portion of the edge of the roadway constructed to city standards (Standard Specifications for Municipal Public Works Construction, 1977) with the curb four inches in height and the gutters varying from 12 inches to 18 inches in width.

“Maintenance” means the removal and disposal of debris, litter and vegetation which tends to impair the utilization of the right-of-way for public purposes and the removal of ice and snow from sidewalks.

“Planting strip” means that portion of the right-of-way between the outside of the curb and the inside of the sidewalk.

“Reconstruction” means the removal and disposal of broken, cracked, raised or sunken portions of the sidewalk, or broken, cracked or dislodged portions of retaining walls and rockeries lying within the right-of-way, and replacement of the removed sections with materials to match the portion on either side of the removed section in accordance with city standards.

“Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls or rock retaining walls 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. Damaged portions exceeding 150 square inches in area shall be classified as reconstruction.

“Sidewalk” means all hard-surfaced walkways constructed to city standards within city rights-of-way and does not include curbs and gutter.

“Street” means street, boulevard, lane, avenue, way, alley, square, road, drive, place or public walkway.

“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. (Ord. 748 § 1, 1994).

12.16.020 Notification to city of need.

Either an abutting property owner or sidewalk user may notify the city in writing on a form provided by the city of a need in his/her opinion to maintain, repair or construct sidewalks. The notification shall include all of the circumstances leading the reporting party to believe that such a state of disrepair exists as to constitute a hazard to reasonably careful sidewalk users and any specific types of corrective action requested of the city. (Ord. 748 § 2, 1994).

12.16.030 Investigation and report of city foreman.

Within a reasonable time after written notification of a need to maintain, repair or construct a sidewalk is submitted to the city, the city foreman or his designee shall conduct as thorough an investigation of the circumstances as time and available resources permit including pictures of the sidewalk in question and interviews of the notifying party and any other persons knowledgeable about the nature and extent of use normally imposed on the area of the sidewalk in question. When the investigation is completed to his/her satisfaction, the city foreman shall forward a written report of all findings and recommendations to the city clerk-treasurer for placement upon the next available regular meeting agenda of the city council. (Ord. 748 § 2, 1994).

12.16.040 City council determination.

(a) When the question of need to maintain, repair or construct sidewalks is presented to the city council, the council shall consider the written notification of need, the city foreman’s report and recommendation, the statements of any persons who may wish to address the subject at the meeting and any other information available to it. After the city council is of the opinion that sufficient information has been provided relative to the need for maintenance, repair or reconstruction, it shall declare whether such a need exists by deciding whether under all the circumstances, as presented and known to the city council, a reasonably cautious man, having the duty to preserve and repair the sidewalks, would consider a particular defect as one where pedestrians exercising ordinary care for their own safety might nevertheless be injured. If the city council determines such is the case, it shall order the abutting property owner to perform the necessary construction, reconstruction or repair.

(b) The resolution shall:

(1) Specify the time within which the work shall be commenced and completed by the abutting property owner;

(2) State that if the improvement is not completed within the time specified that the city will perform and complete the improvement and assess the cost against the abutting property owner;

(3) Fix a time from and after its passage, and a place for a public hearing on the resolution. (Ord. 748 § 2, 1994).

12.16.050 Serving notice.

The notice shall be served:

(1) By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners;

(2) By leaving a copy thereof at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein;

(3) If the owner is a nonresident of the city and his place of residence is known, by mailing a copy to the owner addressed to his last known place of residence; or

(4) If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in two weekly issues of the official newspaper of the city. Such notice shall specify a reasonable time within which the sidewalk shall be constructed or repaired which, in the case of publication of the notice, shall be not less than 60 days from the date of first publication of such notice. (Ord. 748 § 2, 1994).

12.16.060 Record keeping requirement – Clerk-treasurer duties.

Proof of the publication of the resolution and the mailing of the notices to abutting property owners shall be filed with the city clerk-treasurer prior to the hearing on the proposed improvement. (Ord. 748 § 2, 1994).

12.16.070 Notice to repair or replace – Form, service and time for compliance.

(a) The notice prescribed in DMC 12.16.050 shall be addressed to the owner of the property abutting upon the portion of said sidewalk to be cleaned, repaired, maintained or replaced; 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 city council. Said notice shall be substantially in the following form:

NOTICE TO CLEAN, REPAIR, MAINTAIN OR REPLACE SIDEWALK

TO: _____________, You are hereby notified and instructed to _____, (clean, repair, maintain or replace) the sidewalk extending along the _____ side of ___________, being at ___________ (Street or Avenue), of which property you are the owner, by ___________________ (give the general character of cleaning, repairing, maintenance or replacement) within ____ days from and after the service of this notice, and in case of your failure to do such cleaning, or make such repairs, or to perform such maintenance, or to replace said sidewalk within the time herein specified, then the city foreman of the city of Davenport will proceed to cause said sidewalk to be cleaned or to cause said repairs and maintenance to be performed, or said replacement to be completed 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 sidewalks so improved, the cost thereof and the name of the owner, and at the time of the presenting of such assessment role, the council will hear any and all protest against the proposed assessment, and will proceed to assess the cost of the work against said property in accordance with the benefits derived therefrom which said charge shall become a lien on said property and shall be collected by the process of law.

Dated this ___ day of _________, 20___.

____________________
Mayor

(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 mayor or a person designated by him the time for compliance with said notice shall be extended, said time shall be extended for a period not to exceed 20 days for each extension. (Ord. 748 § 2, 1994).

12.16.080 Improvement hearing.

Thereupon, the city council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of the hearing to be published for two successive weeks in the official newspaper of the city, the date of the hearing to be not less than 30 days from the date of the first publication of the notice. At the time of the hearing, the council shall hear persons appearing for or against the improvement, and shall determine whether it will or will not proceed with the improvement, whether it will make any changes in the original plan and what the changes will be. This action may be taken by motion adopted in the usual manner; provided, however, that the hearing may be postponed from time to time to a definite date until the hearing is held. (Ord. 748 § 2, 1994).

12.16.090 City council enforcement.

The city foreman shall take any steps prescribed by the city council to implement its decision within a reasonable time, including, without limitation, negotiation of the terms of any sidewalk maintenance, repair or reconstruction agreement to be submitted to the city council for its approval or the initiation, if necessary, of procedures required for mandatory assessments of abutting property. (Ord. 748 § 2, 1994).

12.16.100 Maintenance of sidewalks.

It shall be the duty of the person having charge or control of any property abutting a sidewalk within the city to keep the walk or walks along the property in the street or streets adjacent thereto in a clean and safe condition. (Ord. 748 § 3, 1994).

12.16.110 Removal of snow and ice.

It shall be the duty of every person having charge or control of any premises located within the city to remove or cause to be removed from the public walks along the side or in front of the premises all snow or ice which may have been formed or been deposited therein within 24 hours after the same has fallen or been formed. (Ord. 748 § 3, 1994).

12.16.120 Widths of certain sidewalks.

All sidewalks on Morgan Street between Fourth Street and Eighth Street shall be of a uniform width of 12 feet. All sidewalks on Fifth Street between Morgan and Logan shall be of uniform width of eight feet. All sidewalks on Sixth and Seventh Streets between Logan and Park Streets shall be of a uniform width of eight feet. All sidewalks on Harker Street between Morgan and Park Street shall be of a uniform width of eight feet, and the inner line of sidewalk shall abut upon the boundary line of the abutting property. (Ord. 748 § 3, 1994).

12.16.130 Width in residence district.

All sidewalks, except those enumerated in DMC 12.16.120, shall be of uniform width of five feet and the inner line of the sidewalk shall be one and one-half feet distant from the boundary line of the abutting property. (Ord. 928 § 1, 2004; Ord. 748 § 3, 1994).

12.16.140 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. Approval shall be obtained from the city foreman prior to the installation of materials within the planting strip. (Ord. 748 § 3, 1994).

12.16.150 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 utilization 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. The abutting property owner shall maintain, repair and reconstruct rockeries and retaining walls within the transition strip; provided, however, the city shall repair and reconstruct all rockeries and retaining walls constructed under street projects which exceed an average height of six feet as measured from the base of the retaining wall or rockery. (Ord. 748 § 3, 1994).

12.16.160 Barricades.

The person, firm or corporation constructing a sidewalk pursuant to the terms of this chapter shall erect and, so long as conditions exist and any danger may continue, maintain along the property upon which the sidewalk is to be constructed a good and substantial barrier. The above persons shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares, including any requested by the city foreman. In the event the permittee is not immediately available, the city foreman may install, at permittee’s expense, additional barricades, lights and/or safety devices to protect the public. (Ord. 748 § 3, 1994).

12.16.170 Standards of construction.

All sidewalks hereafter constructed or repaired in the city shall conform to established Uniform Building Code specifications. (Ord. 748 § 3, 1994).

12.16.180 Sidewalks and walkways – Required for new developments.

Sidewalks and full street improvements along adjacent right-of-way shall be provided as part of the general development plans of all plats and short plats, segregations and building permits issued with the approved plats, short plats and segregations. Sidewalks and full street improvements are not required for minor reconstruction or alteration. Building permits for single-family homes built in established neighborhoods as infill to empty lots are exempt from this section if the required sidewalk or walkway would not be a part of an existing or future pedestrian access system. For building permits involving minor reconstruction or alteration, a walkway to the design standards of the International Building Code shall be provided. (Ord. 977 § 1, 2007; Ord. 748 § 4, 1994).

12.16.190 Sidewalks – Industrial, business and multifamily zones.

(a) A sidewalk or walkway shall be constructed on all public right-of-way frontages as a condition of a building permit issuance for any improvements on property zoned for business, industrial or multifamily uses. The sidewalk or walkway shall be constructed prior to the issuance of a certificate of occupancy.

(b) This requirement may be waived by the city council, after receiving a recommendation from the building inspector and mayor, if the required sidewalk or walkway would not be a part of an existing or future pedestrian access system.

(c) In the event the property is used as a single-family residential use but is located in an area zoned for business, industrial or multifamily uses, and said single-family use is changed and a certificate of occupancy is required prior to said new use, a sidewalk or walkway requirement shall comply with this chapter. (Ord. 748 § 4, 1994).

12.16.200 Sidewalks – Residential subdivisions.

Sidewalks or walkways shall be provided in residential subdivisions when required by the planning commission and council as a condition of plat approval either long or short. (Ord. 748 § 5, 1994).

12.16.201 Concrete sidewalks.

(a) Where required, concrete sidewalks shall be provided as follows:

(1) Both sides of all through streets;

(2) One side of local access cul-de-sac streets less than 600 feet in length.

(b) Specifications found within the Uniform Building Code.

(1) The standard for construction on any county road or city or town street, for which curbs in combination with sidewalks, paths or other pedestrian access ways are to be constructed, shall be not less than two ramps per lineal block on or near the crosswalks at intersections. Such ramps shall be at least 36 inches wide and so constructed as to allow reasonable access to the crosswalk for physically handicapped persons, without uniquely endangering blind persons.

(2) Standards set for curb ramping under subsection (c)(1) of this section shall not apply to any curb existing upon enactment of the ordinance codified in this section but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk.

(3) Upon January 1, 1994, every ramp thereafter constructed under subsection (c)(1) of this section which serves one end of a crosswalk shall be matched by another ramp at the other end of the crosswalk. However, no ramp shall be required at the other end of the crosswalk if there is no contracting party, with the other party or parties thereto paying to managing party such portion of the expenses thereof as shall be agreed upon.

(4) For placement and designed specifications, see Federal Register, Vol. 56, No. 144, Rules and Regulations, pages 26 to 28, attached to the ordinance codified in this chapter. Copies can be obtained from City Hall. (Ord. 748 § 5, 1994).

12.16.202 Asphalt sidewalks.

(a) Where Allowed. Asphalt sidewalks may be allowed under the following conditions:

(1) Where the sidewalk is deemed to be of a temporary nature such as during construction activities or due to future street widenings;

(2) Where soil conditions dictate a flexible pavement;

(3) Where the sidewalks are used primarily as a recreational facility;

(4) In residential areas where the density is three or less units per gross acre;

(5) In industrial areas where the density is three lots or less per gross acre.

(b) Construction Requirements.

(1) The width of asphalt sidewalks shall conform to those for concrete.

(2) The edge of asphalt sidewalks shall be defined by wooden or metal retainers or inverted thickened edges to prevent edge deterioration.

(3) The ground shall be sterilized with an approved herbicide before the laying of the asphalt paving.

(4) Surfacing requirements are: General – two-and-one-half-inch Class B asphalt. (Ord. 748 § 5, 1994).

12.16.203 Hazardous conditions on public street or right-of-way.

It is unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon 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 the right-of-way located between the curbline or, if there is no curbline, 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 the right-of-way by members of the general public, including, but not limited to, the following conditions:

(1) Defective sidewalk surface, including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints;

(2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stubtoes or depressions at said junction;

(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 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 curbline and the sidewalk or, if there is no curbline, 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 resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;

(7) Defects consisting of foreign matter on the public sidewalks, including, but not limited to, gravel, oil, grease or any other foreign subject matter that may cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;

(8) Defective handrails or fences or other similar structure within or immediately adjacent to said right-of-way area. (Ord. 748 § 6, 1994).

12.16.204 Curbside mailboxes – Locations where prohibited.

No curbside mailboxes shall be constructed, installed, maintained or used within the city limits in areas where sidewalks are constructed immediately adjacent to the curbline of any street within the city. (Ord. 748 § 6, 1994).

12.16.205 Curbside mailboxes – Removal authorized.

The city foreman or his designate is authorized to remove any curbside mailboxes which may now or hereafter exist in violation of the provisions of DMC 12.16.204. (Ord. 748 § 6, 1994).

12.16.206 Permit required for sidewalk relocation.

Any person desiring to change or relocate any sidewalk in front of and abutting their property shall secure a building permit. No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit is secured. (Ord. 748 § 6, 1994).

12.16.207 Violation – Penalty.

Failure of the abutting property owner to maintain, repair or reconstruct adjacent sidewalks, planting strips and transition strips is a public nuisance. Any abutting property owner failing to abate the nuisance within 60 days of notice of the same will be guilty of a misdemeanor, and if convicted thereof shall be fined not less than $10.00 and not more than $100.00, and each day in violation shall be considered a separate offense. In addition to the penalties provided in this section, if the owner or permittee fails to construct a sidewalk in the time and manner specified in the permit issued pursuant to this chapter, the city council, pursuant to Chapter 35.70 RCW, shall order the sidewalk to be constructed under the supervision of the city foreman and building inspector and the costs shall be assessed against and become a lien upon the land of the property owner abutting the sidewalk to be constructed. (Ord. 748 § 7, 1994).

12.16.208 Liability of property owner.

In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk, or by the presence or accumulation of ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, the abutting property owner where such injury or damage occurs shall be liable therefor, including liability 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 to any person injured or property damaged as aforesaid. (Ord. 748 § 7, 1994).

12.16.209 Administration.

The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. (Ord. 748 § 7, 1994).

12.16.210 Severability.

If any clause, paragraph or section of the ordinance codified in this chapter shall be judged invalid for any reason, such adjudication shall not affect any other clause, paragraph or section not so adjudicated, it being declared that this chapter would have been enacted irrespective of the fact that any portion be declared unlawful. (Ord. 748 § 7, 1994).

For statutory provisions authorizing all cities and towns to construct, reconstruct or repair sidewalks, gutters and curbs, paying the cost from available funds or requiring the abutting land owners to do so at their own expense or assessing all or any portion of the cost thereof against the abutting property owner, see Chapter 35.68 RCW; for provisions authorizing cities and towns to require the abutting land owners to pay the cost of the sidewalk construction or repair by resolution without a hearing, see Chapter 35.70 RCW.