Chapter 12.04
SIDEWALKS*
Sections:
12.04.020 Construction – Report of necessity.
12.04.030 Construction – Council authority.
12.04.040 Construction – Resolution required – Contents.
12.04.050 Hearing – Notice – Publication.
12.04.070 Improvement – Order – Notice – Contents.
12.04.080 Construction – By town – Assessment roll.
12.04.090 Assessment roll – Hearing – Notice – Council action.
12.04.100 Assessment – Lien on property – Collection.
12.04.110 Assessment – Payment procedure.
12.04.120 Construction – Compliance with standards – Inspection – Safety.
12.04.125 Routine sidewalk maintenance.
12.04.130 Driveway, entrance walk, and loading pad maintenance.
12.04.140 Curb-to-curb roadway widths.
12.04.150 Interference prohibited.
12.04.160 Provisions not exclusive.
*For statutory provisions on town sidewalks, see Chapters 35.68 and 35.70 RCW.
12.04.010 Definitions.
For the purpose of this chapter, the following terms are defined and understood to mean the following:
A. “Abutting property” includes all property having frontage upon the margin of any street or other public place.
B. “Driveway” includes any structure or form of street improvement installed in the public right-of-way for the primary use of vehicles entering a specific abutting property. Where a driveway crosses a sidewalk, the pavement is part of the driveway.
C. “Entrance walk” includes any structure or form of street improvement installed in the public right-of-way for the primary use of pedestrians entering a specific abutting property. Entrance walks may extend from sidewalks or improved streets towards the front door of a house or business on such an abutting property.
D. “Loading pad” includes any structure or form of street improvement installed in the public right-of-way for the primary use of pedestrians exiting vehicles stopped or parked in front of a specific abutting property. Loading pads are typically installed near entrance walks, between an improved sidewalk and an improved street.
E. “Sidewalk” includes any structure or form of street improvement for through pedestrian traffic in the space between the improved roadway and the outside limit of the right-of-way of each public street and public place. Sidewalks do not include driveways, entrance walks, or loading pads. Sidewalks are generally linear, parallel with the street right-of-way, and extending to meet improved streets at designated crosswalks. (Ord. 98-10 § 1, 1998; Ord. 72-3 § 1, 1972).
12.04.020 Construction – Report of necessity.
Whenever in the judgment of the street superintendent or other officer or department having superintendence of streets and public places, public safety and convenience requires the construction, reconstruction, improvement or repair of sidewalks, curbs or driveways, he shall immediately report such facts to the town council. (Ord. 72-3 § 4, 1972).
12.04.030 Construction – Council authority.
Whenever the town council determines that the construction, reconstruction or repair of any sidewalk, curb or driveway across the sidewalks in the town is desirable and necessary for the public safety and convenience, it may cause such improvements to be undertaken and pay the costs thereof from any available funds, or require the abutting property owner to construct the improvement at his own costs or expense, or assess all or any portion of the costs thereof against the abutting property owner. (Ord. 72-3 § 5, 1972).
12.04.040 Construction – Resolution required – Contents.
No such improvement shall be undertaken or required except pursuant to a resolution of the town council. The resolution shall state whether the cost of the improvement shall be borne by the town, whether all or a specified portion shall be borne by the town, whether all or a specified portion shall be borne by the abutting property owner, or whether the abutting owner is required to construct the improvement at his own cost and expense. If the abutting owner is required to construction the improvement, the resolution shall specify the time within which the construction shall be commenced and completed; and further, that if the improvement or construction is not undertaken and completed within the time specified, the town will perform or complete the improvement and assess the cost against the abutting owner. (Ord. 72-3 § 6, 1972).
12.04.050 Hearing – Notice – Publication.
If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper or regularly published official publication of the town, and a notice of the date of such hearing shall be given to each owner or reputed owner of abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon, a notice of the date of hearing, such mailing to be at least 10 days before the date fixed for such hearing. Proof of such publication and mailing shall be made by affidavit and filed with the town clerk prior to the hearing. At the time of hearing, the council shall hear persons who appear for or against the improvement and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan and what the changes shall be. This action may be taken by motion ordering such improvements to be made, adopted in the usual manner. (Ord. 72-3 § 7, 1972).
12.04.060 Construction fund.
When all or any portion of the cost is to be assessed against the abutting property owner, the town council may create a “sidewalk construction fund No. ____” to be numbered differently for each improvement. With warrants drawn on this fund, the cost of the respective improvements may be paid. The town may advance, as a loan to the sidewalk construction fund from any available funds, the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants, any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the town council by resolution. (Ord. 72-3 § 8, 1972).
12.04.070 Improvement – Order – Notice – Contents.
A. The notice of the order to make improvements shall contain the following information:
1. Description of each parcel of land abutting upon the portion and side of the street where the improvement is ordered;
2. Specification of the kind of improvement required, its size and dimensions, and the method and material to be used in construction;
3. An estimate of the cost thereof;
4. A statement that, unless the requirements of the notice are carried out within a reasonable time, as stated therein, the improvements therein described will be made by the town and the cost and expense thereof shall be assessed against the abutting property described therein, in accordance with the provisions of this chapter.
B. 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; or
2. By leaving a copy thereof at the usual place of abode of such owner in the town with a person of suitable age and discretion residing therein; or
3. If the owner is nonresident of the town 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 town. Such notice shall specify a reasonable time within which it must be complied with, which in the case of publication of the notice shall not be less than 60 days from the date of first publication of such notice. (Ord. 72-3 § 9, 1972).
12.04.080 Construction – By town – Assessment roll.
If the notice and order to construct a sidewalk is not complied with within the time therein specified, the officer or department having the superintendence of streets shall proceed to construct said sidewalk and curb or driveway, and shall report to the town council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof, if known, and the portion of the cost of the improvement to be assessed against each parcel of such abutting land. The assessment roll shall be filed with the town clerk. (Ord. 72-3 § 10, 1972).
12.04.090 Assessment roll – Hearing – Notice – Council action.
The town council, after receiving the assessment roll, shall by resolution fix a date for hearing thereon and direct the clerk to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the county treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper or regular official publication of the town, or if there is no official newspaper or official publication, in a newspaper of general circulation in the town. The notice shall be mailed and first publication made at least 10 days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the town clerk before the date fixed for the hearing. Following the hearing, the town council shall by ordinance affirm, modify, reject, or order recasting of the assessment roll. (Ord. 72-3 § 11, 1972).
12.04.100 Assessment – Lien on property – Collection.
The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate set by the town council. (Ord. 72-3 § 12, 1972).
12.04.110 Assessment – Payment procedure.
The town council shall by resolution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments, and shall prescribe the time and amount of such payments; and, if more than one payment is provided for, the town council may by resolution provide for interest on unpaid installments and fix the rate thereof. (Ord. 72-3 § 13, 1972).
12.04.120 Construction – Compliance with standards – Inspection – Safety.
A. All sidewalks, curbs and driveways shall be constructed in accordance with the standard plans and specifications as adopted by the town.
B. Sidewalks, curbs and driveways shall be set to such grades and alignment as the town shall direct. An inspection shall be made by the town street superintendent after the placement of forms and prior to the pouring of concrete to see that such grade and alignment as designated has been adequately carried out. Any improvements not constructed in accordance with instructions from the town street superintendent may be condemned as defective and ordered replaced.
C. Any person granted permission by the town council to make his own improvement shall be required to assume the full responsibility for the protection of the public during the construction of said improvement. (Ord. 72-3 § 14, 1972).
12.04.125 Routine sidewalk maintenance.
Abutting property owners should provide routine removal of snow, debris, vegetation, and other obstructions to pedestrian access to public sidewalks. Abutting property owners should remove any debris or vegetation that obstructs a sidewalk, within 30 days of written notice. Such notice shall be delivered to the owner’s address of record. (Ord. 98-10 § 2, 1998).
12.04.130 Driveway, entrance walk, and loading pad maintenance.
Abutting property owners shall maintain driveways, entrance walks, and loading pads in a condition that does not present a hazard to the public. Abutting property owners should repair such driveways, walks, and pads within 30 days of written notice stating that a hazard exists. Such notice shall be delivered to the owner’s address of record. (Ord. 98-10 § 3, 1998).
12.04.140 Curb-to-curb roadway widths.
All roadway widths shall be constructed in accordance with the standard plans and specifications as adopted by the town. (Ord. 92-11 § 2, 1992; Ord. 72-3 § 3, 1972).
12.04.150 Interference prohibited.
Any person who interferes with or hinders the progress of, or damages the improvement by walking, driving, moving stakes, marking, or throwing any object on or over the improvement, or who permits any child or animal in his control or charge to do so, shall be guilty of a misdemeanor. (Ord. 72-3 § 15, 1972).
12.04.160 Provisions not exclusive.
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 districts, but shall be considered as additional legislation and auxiliary thereto. (Ord. 72-3 § 17, 1972).
12.04.180 Construction.
A. Whenever an application for a building permit is made for any new construction on a vacant real property, or repair or reconstruction of existing improvements on real property involving a cost of 25 percent or more of the current county assessed improvement value, and if there are no sidewalks abutting the real property on which the construction is to take place, then as a condition to issuing the building permit, the applicant shall be required to construct new sidewalks along all street frontages, except alleys. The town council has authority to waive this requirement for hardship upon the applicant filing an application setting forth the basis of the request for the waiver a filing fee of $125.00. If the request for a waiver is filed, no building permit shall be issued until the town council determines whether or not to grant the waiver request.
B. This section is not governed by the requirements currently set forth in EMC 12.04.020 through 12.04.110.
C. All sidewalks shall be completed and accepted by the town prior to the issuance of a certificate of occupancy for the improvements on the real property, provided a temporary certificate of occupancy may be issued provided the applicant post a sufficient bond acceptable to the town to cover the cost of completing the cost of the sidewalk. (Ord. 99-05 § 1, 1999).