Chapter 12.18
DEDICATION, IMPROVEMENT AND MAINTENANCE
Sections:
12.18.016 Standards for private streets.
12.18.020 Dedication standards.
12.18.030 Agreements to dedicate and improve.
12.18.035 Failure to dedicate or improve.
12.18.040 Unlawful damage or obstruction.
12.18.045 Abutting owner’s responsibility for maintenance.
12.18.047 Street right-of-way – Abuttor’s duty.
12.18.048 Repealed.
12.18.050 Obstructing vision on parking strip – Permission to plant.
12.18.055 Permit to remove or repair – Restoration – Barricades.
12.18.056 Development standards.
12.18.060 Right-of-way construction permit.
12.18.065 Financial guarantee may be required.
12.18.070 Owner may be required to repair – Assessments – Right to initiate improvements.
12.18.075 Specifications for repair or construction – Inspection.
12.18.010 Requirement.
No building or structure shall be erected, relocated, expanded or altered in an amount exceeding $50,000 and no building permit shall be issued therefor on any lot unless one-half of the street abutting thereon has been dedicated and improved with curb, gutter, sidewalk, drainage structure and street paveout for the full width of the lot in accordance with city standards, or such dedication and improvements have been assured to the satisfaction of the city engineer, subject to the following limitations:
A. The city engineer and the community development director may permit modification of streetscape improvement standards where the required streetscape is not, in the opinion of the city engineer and the community development director, roughly proportionate to the impact, type, scale, and cost of the proposed development action.
B. The streetscape design alternatives shall be documented as an administrative determination.
C. The maximum area of land required to be so dedicated shall not exceed 25 percent of the area of any such lot nor shall such dedication reduce the lot between the required minimum lot sizes, widths and areas required, unless a variance for the same has been granted, and in no case shall such dedication be required if the remaining lot area has a width less than 50 feet or an area less than 5,000 square feet.
D. No such dedication may be required with respect to the portion of a lot occupied by a main building.
E. EMC 12.18.056(D) and (E) shall apply to the construction of a single-family dwelling or customary accessory building in the R-1, R-2 and R-3 zones.
F. The requirements of this section shall not apply to alterations that do not change the use of a building to a use with a higher average trip generation rate as defined in the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers. (Ord. 2626 § 2, 2017; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2542 § 1, 2014; Ord. 2511 § 1, 2012; Ord. 1460 § 1, 1984; Ord. 1227 § 1, 1977; Ord. 1188 § 1, 1976; Ord. 1172 § 1, 1976).
12.18.015 Private streets.
The provisions of this section shall apply to lots or parcels abutting a private street or road right-of-way established by recorded document or easement, with the exception that the city may, in lieu of requiring a dedication, require an offer of dedication which shall be recorded and shall not become a part of the city street system until thereafter accepted into the city street system by resolution. The city council may waive the dedication requirements of this section where it is found and determined that it is unlikely that additional private property adjacent to other lots or parcels in the area will be acquired for future public right-of-way use and that the acquisition of said right-of-way in connection with the proposed improvement to any given parcel would be of no public benefit. (Ord. 2400 § 1, 2008; Ord. 1172 § 1, 1976).
12.18.016 Standards for private streets.
A. Private streets – General Requirements Applicable to All Private Streets and Determination of Units Served.
1. Private streets shall be allowed only for such streets that have no public interest for traffic circulation or connectivity and shall conform to the standards adopted from the transportation sections of the comprehensive plan and the requirements set forth herein. Private streets are not allowed when in conflict with the adopted road circulation plans.
2. The cover sheet of any recorded plat, short plat, planned unit development, or binding site plan containing a private road for the common benefit of users shall contain and state the following language:
a. The City of Enumclaw has no responsibility to improve or maintain the private roads contained within, or any private roads providing access to, the property described in this development.
b. There shall also display a private utility easement stipulation that will allow for maintenance work to be performed as determined by the public works director. Repair language shall read:
In the event that part or all of a private street surface needs to be removed to allow for utility repair access, the City of Enumclaw will repair the private street following the maintenance work, but under no condition will the private road be repaired to the original status, as such a patch will most likely result.
c. The road shall carry a maintenance agreement established by the common benefit users for all private streets serving two or more lots/units. The agreement shall set forth the terms and conditions of responsibility for maintenance, maintenance methods, standards, distribution of expenses, remedies for noncompliance with the terms of the agreement, right of use easements, and other considerations. The agreement, conditions and recordings shall be recorded with King County as a perpetual covenant against all affected properties and shall run with the land.
d. Where potential additional lots/units are planned to be served by the private street, there shall be established on the plat an easement for roadway and utility installations which provides for future extensions of the private street to serve the remainder of the potential lots/units for which the road is designed.
e. The actual number of lots/units used for determination of applicable standards shall be based on the number of lots along the private street and shall include those lots/units within a proposed development. All lots/units shown having access to the private road shall be counted, regardless of size or date of creation.
3. The approach to a public road or a private street serving two or more lots shall be paved to the existing roadway, curb, or right-of-way line, whichever is greater, or to such distance so that the drive wheels of a common user vehicle will be upon the paved surface in accordance with the criteria of this section, except that any private roads already constructed, as of June 1, 2008, and serving more than two lots are exempt from this provision.
4. If applicable, private street name and traffic signs shall be privately installed and maintained at the intersection of private streets serving two or more lots with public roads. Qualifications for naming private streets include: a private street shall serve access to more than four lots and shall qualify as a through street designation. Such signs shall meet the specifications of the public works department and the adopted standards of Chapter 19.10 EMC. In the case of intersections with public streets, the signs shall either be located within the public right-of-way or within a separate maintenance easement. Consideration of street signs shall be included in the maintenance agreement and shall follow fire code design regulation per Chapter 16.26 EMC.
5. Private streets are the responsibility of the developer to construct in accordance with the criteria of this section.
a. Criteria for Authorization. Private residential streets and roadways are allowed under the following conditions:
i. Where due to topographic or other constraints the public works department determines that it would not be compliant with city standards.
ii. Provision is made for the streets to be open at all times for emergency and public service vehicles.
iii. The private streets will not obstruct public street circulation or conflict with the city of Enumclaw’s comprehensive plan street grid connectivity goals.
b. Construction Requirements. Private streets shall conform to the city of Enumclaw’s public works construction standards.
c. Illumination Requirements. Street light illumination is not required for private streets. However, illumination may be required at the private street’s intersection with a public street. If street lights are desired by the developer or residents, the installation, maintenance and power costs shall be the responsibility of the developer or homeowners’ association, etc., not the city of Enumclaw.
6. Private streets are not allowed:
a. To serve more than four potential residential lots, except within a planned unit development, RMHP, subdivision or multifamily development;
b. When the street connects two public streets; or
c. When in conflict with the adopted comprehensive plan or street circulation plans.
7. Private streets may be allowed only for such streets that have no public interest for traffic circulation or connectivity.
8. When two or more lots are served, all private access dead end streets shall contain:
a. Private street with bulb turnaround that shall have a maximum length of 500 feet, measured from the nearest public right-of-way;
b. Private street with hammerhead turnaround that shall have a maximum length of 150 feet, measured from the nearest public right-of-way; or
c. Private street, on a dead-end greater than 150 feet in length, a turnaround having an improved radius of 45 feet, or an equivalent turnaround following fire lane standards such as a hammerhead, and shall be provided at the end of the private street. Any dead-end street or driveway longer than 150 feet and serving more than two lots shall provide turn-outs or turnarounds that comply with fire lane standards, as outlined in Chapter 16.26 EMC; or be sprinklered according to Chapter 16.30 EMC. Turn-out and turnaround locations shall be approved by the public works director and located such that opposing vehicles can see each other and pull out to pass and street width must allow for two through lanes or shall comply with limited local access Type 9 street requirements.
d. A minimum vertical clearance of 14 feet, six inches is required.
9. Upon completion of the required improvements, the developer shall submit a certificate of compliance to the public works department stating that the improvements have been completed in accordance with the adopted standards.
10. All development along private streets/easements shall comply with the minimum setback requirements of the underlying zone.
11. All private street easements shall provide for the installation, repair, maintenance and operation of both private and public utilities serving those lots benefited by the private street.
B. Private Streets – General Specifications – Design and Construction Standards. Private streets serving developments, when allowed, shall conform to the following minimum standards:
1. Short subdivision, subdivision and planned unit development standards.
a. Easement requirements:
i. Private street easement widths shall depend on the potential number of lots or units that may be served, in accordance with the following schedule (see EMC 12.18.057 for more detail on street types):
|
Potential No. of Lots/Units to Be Served |
Minimum Required Easement Width |
|---|---|
|
1 – 2 |
12 ft. paved (20 ft. easement) |
|
3 – 4 |
Type 9 (20 ft.) |
|
5 – 8 |
Type 7 (45 ft.) |
|
9 or more |
Type 6 (50 ft.) |
ii. A cul-de-sac easement with a radius of 45 feet or an equivalent turnaround such as a hammerhead shall be required at the terminus of private street easements longer than 150 feet and may be temporary in nature where extension to serve adjoining properties is planned.
b. Driveway Standards. For access to one or two lots, a minimum useable hard or approved permeable surface driveway width of 12 feet is recommended to assure safe ingress and egress of emergency response vehicles. To minimize environmental impact, grading, stormwater runoff or if topography makes this width impractical, a narrower width may be approved by the city if the road design is demonstrated to be otherwise safe and maintainable. The minimum acceptable driveway width in these cases is 10 feet. Any driveway longer than 150 feet shall provide a turnaround for emergency vehicles and is subject to Chapter 16.26 EMC.
2. Developments Requiring Site Plans Wherein No Segregations Are Proposed. Except where public circulation requires otherwise, roads within subject developments providing access to individual parcels, sites, or buildings may be private roads, but shall be constructed in alignment and width to provide safe and convenient access in accordance with an approved site plan and are subject to the modifications and amendments set forth in Chapter 18.16 EMC, RMHP Residential Manufactured Home Park District. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2400 § 2, 2008).
12.18.020 Dedication standards.
A street right-of-way as described in EMC 12.18.015 shall be dedicated to and in accordance with the widths, as the same exists on the date of application for a building permit. No dedication shall be required under this section unless the portion of said street to be dedicated is shown in the transportation element of the comprehensive plan. (Ord. 1980 § 4, 1998; Ord. 1172 § 1, 1976).
12.18.025 Improvements.
Improvements are required unless there already exist within the present right-of-way, or on the property the owner has agreed to dedicate, curbs, gutters, sidewalks, stormwater facilities and street pave-out, which are adequate as determined by the city engineer. Curb, gutter, sidewalk, stormwater facilities and street pave-out shall be in accordance with the city standards. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1172 § 1, 1976).
12.18.030 Agreements to dedicate and improve.
In lieu of dedication, where required by this chapter, an owner may, subject to acceptance by the city council, enter into an agreement with the city to dedicate, signed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged and the agreement shall be prepared for recordation. In lieu of any required improvement under this chapter, the officer, board or agency authorized or required to accept the same may, in its discretion, enter into an agreement with the owner, secured by cash or surety bond to the approval of the city attorney, guaranteeing the installation of said improvements. (Ord. 1172 § 1, 1976).
12.18.035 Failure to dedicate or improve.
In any case where dedication or improvement is required pursuant to any provision of this chapter and such dedication or improvement is not made or in any motion, resolution or order or ordinance made by any board, commission or the council, any authority to construct any building or structure, use or occupy any land or building, or to receive or have a conditional use permit, variance or zone change granted or approved on the condition of such dedication or improvement shall terminate automatically unless the time to dedicate or improve is extended by the city council, or improvement or dedication, as the case may be, is accomplished as follows: In any case where dedication or improvement, as required by this chapter, is not made or installed within the time specified in any agreement made and entered into pursuant to this chapter, the city engineer may forfeit any bond or security given therefor and cause said work to be performed, remitting to the owner or person entitled any balance remaining after deducting the cost of said work plus all engineering and overhead expenses. In the event the cost of said work, plus engineering and overhead expenses, should exceed the amount of security supplied by the owner, the owner shall pay the difference, upon demand. In the event of automatic termination under this section, the owner and surety shall be advised in writing of such termination and all rights and privileges granted to the owner by reason of any such permit, motion, resolution or ordinance shall terminate. (Ord. 1172 § 1, 1976).
12.18.040 Unlawful damage or obstruction.
It is unlawful for any person to drive or propel any motor vehicle along, over or across any sidewalk, curb, or parking strip within the city, or to tear up, break or remove any sidewalk, gutter or curb, or part thereof, except for the purpose of repairing or replacing the same; or to place, maintain or permit any obstruction on, under, over or across any sidewalk, which restricts or impairs the full and free use thereof by the public; or to create, cause, maintain or permit any condition to exist which renders any sidewalk, curb, parking strip or driveway across any sidewalk unfit or unsafe for use by the general public. (Ord. 1172 § 1, 1976).
12.18.045 Abutting owner’s responsibility for maintenance.
It shall be the duty of the owner or occupant of abutting property to keep the sidewalk, curb, gutter, parking strip and any driveway across same free from clutter, obstacles, and unsafe conditions such as snow and ice and tall grass and weeds. (Ord. 1850 § 1, 1995; Ord. 1172 § 1, 1976).
12.18.047 Street right-of-way – Abuttor’s duty.
It is unlawful for the owner and/or any person, firm, or corporation occupying or having charge or control over any premises abutting upon any street, alley, or other public right-of-way within the city to construct, place, cause, create, maintain, or permit to remain upon any part of the right-of-way lying between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and abutting property line, any structure or condition dangerous or hazardous to the use of the right-of-way by the public, including but not limited to the following:
A. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and the public sidewalks, including stub-toes or depressions at the junction;
B. Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over public sidewalks;
C. 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. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1850 § 2, 1995; Ord. 1183 § 1, 1976).
12.18.048 Liability of abuttor.
Repealed by Ord. 1833. (Ord. 1183 § 2, 1976).
12.18.050 Obstructing vision on parking strip – Permission to plant.
It is unlawful for any person to place or maintain any tree, shrub, sign, structure or opaque object of any kind on an inner or outer parking strip, which obstructs the vision of traffic on the streets of the city. No person shall in any event place or maintain any tree, shrub, sign or structure of any kind on any parking strip without first securing permission to do so from the utilities superintendent. (Ord. 1172 § 1, 1976).
12.18.055 Permit to remove or repair – Restoration – Barricades.
It is unlawful for any person to tear up, break, remove, repair, construct or reconstruct any sidewalk, curbing, gutter, or driveway across any sidewalk or curb, without first securing a permit to do so from the building official. Whenever any person tears, breaks or removes a sidewalk, curb or driveway across any sidewalk or curb, or any portion thereof, either in connection with construction work on the abutting property or in the course of repairing, constructing or reconstructing such sidewalk, curb or driveway, he shall restore the same to a completed condition without undue delay, and shall make, provide or install such temporary repairs, markings, barricades, warning signs and the like as may be necessary to warn the public of the dangerous, hazardous conditions there existing. (Ord. 1172 § 1, 1976).
12.18.056 Development standards.
Development standards for street improvements are as follows:
|
Existing Conditions |
Development Standards |
|---|---|
|
A. Street fully improved within existing right-of-way with street, curb, gutter, sidewalk and stormwater facilities. |
A. Developer required to install what is necessary to repair or complete existing improvements. |
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B. Street improved with pavement installed at specified grade but without one or more of the following elements: curb, gutter, stormwater facilities, sidewalk or pavement to gutter. |
B. Developer required to install necessary improvements to complete. |
|
C. 1. Street design completed and on file with city regardless of existing conditions. 2. Side street fronting a corner lot where the other fronting street is Class A or B. |
C. Developer required to install necessary improvements to complete. |
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D. Street not constructed according to any design or specification and/or without regard to grade. May have asphaltic concrete, light bituminous surface treatment for pavement or less. |
D. LID agreement required. Improvement |
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E. Unimproved right-of-way. |
E. LID agreement required. Improvement optional depending on conditions and location. |
Additional Credits and Agreements
F. The property owner is entitled to and given a credit towards any local improvement district assessment for improvements in an amount equal to the cost of improvements he put in descending by five percent per year.
G. The city building and public works department is authorized to enter into local improvement district agreements with property owners and/or developers which would be recorded to run with the property and would apply to street improvements including public utilities in or on same affecting the subject property. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1227 § 2, 1977).
12.18.057 Street standards.
|
City Street Type Designation |
Type 1 |
Type 2 |
Type 3 |
Type 4 |
Type 5 |
Type 6 |
Type 7 |
Type 8 |
Type 9 |
Type 10 |
Type 11 |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Functional Classification |
Minor Arterial |
Minor Arterial |
Collector |
Collector |
Collector |
Local |
Local |
Local |
Limited |
Limited |
Shared-Use |
|
General Use Classification |
State Route (1) |
State Route (2) |
Commercial |
Industrial |
Residential |
Two-Lane |
Cul-de-Sac |
Mini Cul-de-Sac |
Local Access |
One-Lane Alley |
Urban Trail |
|
ROW |
100 ft |
60 ft |
60 ft |
60 ft |
60 ft |
50 ft |
45 ft |
45 ft |
20 ft |
20 ft |
20 ft |
|
Street Width (face curb) |
65 ft |
44 ft |
40 ft |
36 ft |
32 ft |
32 ft |
26 ft |
26 ft |
18 ft |
16 ft |
10 ft |
|
Edge Treatment |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Vertical Curb |
Rolled or Thick Edge |
Rolled or Thick Edge |
2 ft Earthen Shoulder |
|
Planter Strip |
Optional to 11 ft |
Attached |
Optional – 3.5 ft |
Optional – 6.5 ft |
8.5 ft |
3.5 ft |
5 ft |
5 ft |
N/A |
N/A |
N/A |
|
Sidewalk Width |
6 ft |
5 to 7.5 ft |
6 ft |
5 ft |
5 ft |
5 ft |
4 ft |
4 ft |
N/A |
N/A |
N/A |
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|
Min. Radius @ Intersections |
AASHTO Ex. 9-26** |
AASHTO Ex. 9-26** |
AASHTO Ex. 9-23 |
AASHTO Ex. 9-25 |
35 ft |
30 ft*** |
30 ft |
30 ft |
20 ft*** |
25 ft* |
N/A |
|
Min Radius @ Cul-De-Sac F/C |
N/A |
N/A |
45 ft |
50 ft |
N/A |
N/A |
45 ft |
30 ft |
Hammerhead |
Hammerhead |
N/A |
|
Min. Radius @ Cul-De-Sac ROW |
N/A |
N/A |
55 ft |
60 ft |
N/A |
N/A |
55 ft |
40 ft |
N/A |
N/A |
N/A |
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Design Vehicle |
See WSDOT Design Manual |
See WSDOT Design Manual |
WB-40 |
WB-50 |
SU |
SU |
SU |
Passenger |
Passenger |
Passenger |
Bike |
|
Design Speed |
35 mph |
35 mph |
30 mph |
30 mph |
25 mph |
20 mph |
15 mph |
15 mph |
20 mph |
||
|
Min. Centerline Horiz. Curve |
510 ft @ -2% |
510 ft @ -2% |
335 ft @ -2% |
335 ft @ -2% |
200 ft @ -2% |
110 ft @ -2% |
50 ft @ -2% |
50 ft @ -2% |
100 ft |
||
|
Min Vert. Curve K (Crest) |
K=29 (min.) |
K=29 (min.) |
K=19 (min.) |
K=19 (min.) |
K=12 (min.) |
K=7 (min.) |
K=3 (min.) |
K=3 (min.) |
AASHTO BIKE |
||
|
Min Vert. Curve K (Sag) |
K=49 (min.) |
K=49 (min.) |
K=37 (min.) |
K=37 (min.) |
K=26 (min.) |
K=17 (min.) |
K=10 (min.) |
K=10 (min.) |
AASHTO BIKE |
||
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On-Street Parking Allowed |
None |
None |
Both Sides |
One Side |
None**** |
One Side |
One Side***** |
One Side***** |
None |
None |
None |
* Subject to review and approval by city **** Five-foot edge line for bike lane
** Subject to WSDOT design manual and city approval ***** No parking in cul-de-sac areas
*** Verify with engineering analysis
(Ord. 2607 § 1 (Exh. A), 2017; Ord. 2400 § 1, 2008; Ord. 1980 § 3, 1998).
12.18.060 Right-of-way construction permit.
A right-of-way construction permit is required for any private party that proposes to construct within or temporarily modify the use of a city right-of-way, city easement, or city property. Private parties include franchised public utilities, unfranchised public utilities, and private property owners or their contractors. It is unlawful for any person, firm or corporation to break the surface within a city right-of-way, city easement, or city property for construction purposes, including any utility installation or repair, without said person, firm or corporation having first obtained a permit to do so from the city, paying therefor the fee as established and amended from time to time by resolution of the city council. Restoration of the right-of-way shall be at the applicant’s expense and to the satisfaction of the city. Barricades, etc., as required in EMC 12.18.055, shall also be provided by the applicant.
A. Permit Duration. This permit will expire if work authorized by this permit is not commenced within 180 days of the date of the permit issuance, or if the work is suspended or abandoned at any time after the work is commenced for a period of 180 days. This permit may be revoked if the work is not in conformance with all laws, rules and regulations of the city of Enumclaw. The duty to ensure code conformance rests with the builder, developer or the property owner, not the city of Enumclaw.
B. Insurance Requirement for a Right-of-Way Construction Permit. For the duration of the right-of-way construction permit, the applicant shall procure and maintain insurance against any claims for injuries to persons or damage to property which may arise from or in connection with operations or activities performed by or on the applicant’s behalf. At the minimum, the insurance shall be of the type described below:
Commercial general liability insurance shall be written on insurance services office (ISO) occurrence form CG 00-01 and shall cover products liability. The city shall be named as an insured under the applicant’s commercial general liability insurance policy using ISO additional insured state or political subdivisions – permits CG 20-12 or a substitute endorsement providing equivalent coverage. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products completed operations aggregate limit. The applicant’s insurance coverage shall be primary insurance as respect to the city. Any insurance, self-insurance, or insurance pool coverage maintained by the city shall be excess of the applicant’s insurance and shall not contribute with it. The applicant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the city.
Automobile liability insurance covering all owned, nonowned, hired and leased vehicles. Coverage shall be written on insurance services office (ISO) form CA 00-01 or a substitute document providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Automobile liability insurance shall be written with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
The applicant’s maintenance of insurance shall not be construed to limit the liability of the applicant to the coverage provided by such insurance, or otherwise limit the city’s resources to any remedy available at law or equity.
Insurance is to be placed with insurers with a current A.M. best rating of not less than A:VII. Applicant shall furnish the city with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the applicant before the permit can be issued. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1366 § 2, 1982; Ord. 1172 § 1, 1976).
12.18.065 Financial guarantee may be required.
Whenever any person(s) breaks, tears up or removes any sidewalk, curb, gutter, stormwater facility or driveway across any sidewalk or curb, or portion thereof, in connection with construction on the abutting property, the person(s) shall, upon demand of the city, give a financial guarantee to the city in its favor to insure the prompt replacement or repair of such sidewalk, curb, gutter or driveway in accordance with city specifications and pursuant to applicable ordinances. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1172 § 1, 1976).
12.18.070 Owner may be required to repair – Assessments – Right to initiate improvements.
Whenever any sidewalk, curb, gutter, stormwater facility or driveway across any sidewalk or curb has become unsafe or unfit for public use, or whenever it appears to the city necessary or advisable that a new sidewalk, gutter, curb or driveway be constructed, or repaired, replaced or reconstructed, or that any obstruction on, over, under or across the same be removed, the city council may require the owner of the abutting property to perform the necessary work at his own cost and expense, in whole or in part, and in the event such owner fails to do so, the city may proceed to perform such work and to assess all or any portion of the cost thereof against such owner. Notice shall be given to such owner and procedure shall be followed as specified and provided by Chapters 35.43 through 35.54, 35.68 through 35.70 and 34A.11 RCW as the same now exist or may hereafter be amended. Nothing contained in this section shall be construed to prohibit or limit the right of citizens or of the city to initiate sidewalk improvements pursuant to the local improvement district laws of the state. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1172 § 1, 1976).
12.18.075 Specifications for repair or construction – Inspection.
Whenever any sidewalk, curb, gutter, stormwater facility or driveway across any sidewalk or curb is to be repaired, replaced, constructed or reconstructed by any private individual, such work shall be subject to inspection and approval by the city and shall be performed in accordance with city standards. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 1172 § 1, 1976).
12.18.080 Variance.
Any person deeming himself aggrieved may apply for a variance from any provision of this chapter pursuant to Chapter 18.54 EMC. (Ord. 1172 § 1, 1976).