Chapter 12.04
SIDEWALK CONSTRUCTION STANDARDS
Sections:
12.04.020 Sidewalk maintenance – Owner’s responsibility.
12.04.030 Duty to report hazards.
12.04.035 Pedestrian hazards – Prioritization.
12.04.040 Sidewalk deficiencies – Report to City Council.
12.04.050 Sidewalk repairs by City – Written notice to owner.
12.04.060 Written notice – Contents.
12.04.070 Service of written notice.
12.04.080 Owner’s failure to comply with notice – Repairs made by City.
12.04.090 Notice of hearing re assessment of repairs.
12.04.100 Assessments – Lien on property.
12.04.110 Additional legislation to local improvement law.
12.04.200 Claim for injury – Notice of receipt to abutting owner.
12.04.210 Claim for injury – Notice of pendency to abutting owner.
12.04.220 Claim for injury – Indemnification.
12.04.010 Definitions.
Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section:
“Abutting property” includes all property having a frontage upon the margin of any street or other public place.
“Sidewalk” includes any structure or form of street improvement in the space between the street margin and the roadway known as the sidewalk area. [Ord. 117 § 1, 1970.]
12.04.020 Sidewalk maintenance – Owner’s responsibility.
It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition free of any and all obstructions or defects including, but not limited to, ice and snow. [Ord. 117 § 1, 1970.]
12.04.030 Duty to report hazards.
All property owners within the City shall report, in writing, to the Public Works Director any pedestrian hazards within the public right-of-way abutting or adjacent to their property. A “pedestrian hazard” is a defect or obstruction which a reasonable person in the position of the property owner would believe to constitute a danger of injury to persons using the public right-of-way with due regard for their own safety and well being. [Ord. 519 § 1, 1997; Ord. 263, 1982; Ord. 117 § 3, 1970.]
12.04.035 Pedestrian hazards – Prioritization.
The Public Works Director shall create and maintain, on an ongoing basis, a list of pedestrian hazards reported or otherwise known to the City, and shall abate such hazards as soon as reasonably practicable, given the nature of the pedestrian hazard and available resources. The Public Works Director shall annually prioritize the City’s efforts to abate pedestrian hazards, according to available resources and the nature of the pedestrian hazard. [Ord. 519 § 2, 1997.]
12.04.040 Sidewalk deficiencies – Report to City Council.
If, in the judgment of the City official having supervision over the Street Department, public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, he shall report the fact to the City Council immediately. [Ord. 117 § 4, 1970.]
12.04.050 Sidewalk repairs by City – Written notice to owner.
If, upon receiving a report from the proper officer, the City Council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public, it shall by an appropriate resolution order such construction or repair and shall cause a written notice upon that portion and side of the street where the sidewalk is to be constructed or repaired requiring him to construct or repair the sidewalk in accordance with the resolution. [Ord. 117 § 5, 1970.]
12.04.060 Written notice – Contents.
The resolution and notice and order to construct or repair a sidewalk shall:
A. Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed or repaired.
B. Specify the kind of sidewalk required, its size and dimensions, the method and material to be used in the construction or repair.
C. Contain an estimate of the cost thereof.
D. State that unless the sidewalk is constructed or repaired in compliance with the notice and within a reasonable time therein specified, the City will construct or repair the sidewalk and assess the cost and expenses thereof against the abutting property described in the notice. [Ord. 117 § 6, 1970.]
12.04.070 Service of written notice.
The notice shall be served:
A. 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
B. 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; or
C. 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
D. 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 of Everson, or if there is no official newspaper, then in any weekly newspaper published in the area. 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 not be less than 60 days from the date of first publication of such notice. [Ord. 117 § 7, 1970.]
12.04.080 Owner’s failure to comply with notice – Repairs made by City.
If the notice and order to construct or repair a sidewalk is not complied with within the time therein specified, the City official having supervision over the Street Department shall proceed to construct or repair the sidewalk forthwith and shall report to the City Council at its regular meeting or as soon thereafter as is practicable an assessment showing each parcel of land abutting upon the sidewalk, the name of the owner thereof, if known, and apportion the cost of the improvement to be assessed against each parcel of such land. [Ord. 117 § 8, 1970.]
12.04.090 Notice of hearing re assessment of repairs.
Thereupon the City Council shall set a date for hearing 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 of Everson, or if there is no such official newspaper, then in any weekly newspaper published in the area, the date of the hearing to be not less than 30 days from the date of the first publication of the notice. At the hearing or at any adjournment thereof, the Council by ordinance shall assess the cost of constructing or repairing the sidewalk against the abutting property in accordance with the benefits thereto. [Ord. 117 § 9, 1970.]
12.04.100 Assessments – Lien on property.
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 of six percent per annum from the date of the approval of the assessment thereon. [Ord. 117 § 10, 1970.]
12.04.110 Additional legislation to local improvement law.
This chapter shall not be construed as repealing or amending any provision relating to the improvement of streets or public ways by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and ancillary thereto. [Ord. 117 § 11, 1970.]
12.04.200 Claim for injury – Notice of receipt to abutting owner.
The Public Works Director, or his delegated representative, shall notify all record owners of abutting property of any claim for injury proximately caused by a pedestrian hazard within 60 days of the receipt of such claim. Such notification shall advise the abutting owner of the nature of the claim, and shall provide a copy of the notice of claim filed by the claimant pursuant to RCW 4.96.020, and shall, in addition, offer the owner the opportunity to defend, adjust, or pay the claim. [Ord. 519 § 3, 1997.]
12.04.210 Claim for injury – Notice of pendency to abutting owner.
At least 30 days prior to trial or arbitration, or at least 14 days prior to payment of any claim for damages, proximately caused by a pedestrian hazard, the Public Works Director shall notify the abutting owner of the pendency of trial, arbitration, or payment. Such notification shall advise the abutting owner of the right to attend and participate in such trial or arbitration, and the right to prevent the City from making payment to an injured person by agreeing, in writing, at least 14 days in advance of trial or arbitration, or at least three days in advance of the date of payment, to assume the entire defense of the claim. [Ord. 519 § 4, 1997.]
12.04.220 Claim for injury – Indemnification.
If the City makes payment, by reason of judgment or settlement, for any claim for damages proximately caused by a pedestrian hazard, the City has the right to indemnification by and from any abutting property owner who had actual knowledge of the condition constituting the pedestrian hazard, if (1) the abutting owner failed to notify the Department, as provided herein, of the pedestrian hazard at least 14 days prior to the injury for which claim is made, and (2) such failure to notify proximately caused the injuries complained of, and (3) the City did not cause or create the defect, or have prior actual knowledge of the defect. [Ord. 519 § 5, 1997.]