Chapter 4.40
SIDEWALKS1
Sections:
4.40.005 Authority and enforcement.
4.40.025 Repair, reconstruction and construction of sidewalks – Procedures.
4.40.030 Application – Permits.
4.40.050 Dumping snow in street prohibited.
4.40.070 Ancillary legislation.
4.40.005 Authority and enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 30, 1-6-09. Code 2001 § 13-170.)
4.40.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that order.
“Maintenance” means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks.
(Ord. No. 09-593, § 10, 1-6-09; Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-161.)
4.40.020 Repair, reconstruction, construction and maintenance of sidewalks – Responsibility of abutting property owners and occupants.
In the event an abutting property owner or occupant causes any damage to a sidewalk by his or her act, error or omission, including without limitation the planting of any tree or other vegetation on his or her abutting property, then the duty, burden and expense of all necessary maintenance, repair, reconstruction and/or construction of a sidewalk necessary in the city’s determination as a result of such damage, shall be the responsibility of such abutting property owner or occupant.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-171.)
4.40.025 Repair, reconstruction and construction of sidewalks – Procedures.
(1) Repair, reconstruction and/or construction by responsible person. If repair, reconstruction and/or construction of a sidewalk is necessary in the city’s determination, and such maintenance, repair and/or construction is the responsibility of the abutting property owner or occupant as provided in FWRC 4.40.020, the responsible person shall, within 60 days of notification by the city, either:
(a) Perform the necessary repair, reconstruction and/or construction at their own expense; or
(b) Submit a written request to the director of public works or designee asking that the city undertake the necessary repair, reconstruction and/or construction at the expense of the responsible person.
If the director of public works or designee, upon receiving such a request, determines that the city will undertake the required work, then the director of public works or designee shall prepare a reimbursement agreement whereby the responsible person agrees to reimburse the city for all actual engineering and construction costs incurred by the city in performing the required work on behalf of the responsible person.
(2) Repair, reconstruction and/or construction by order of city council and assessment of costs. If a responsible person does not timely complete either of the actions identified in subsection (1) of this section, or if the responsible person and the city do not execute a reimbursement agreement within 30 days of receipt of a written request for the city to undertake the necessary work, then the director of public works or designee may report the same to the city council. If upon receiving such report, the city council deems the proposed repair, reconstruction and/or construction is necessary or convenient for the public health, safety or welfare, the city council may order such work to be done pursuant to the procedures established in Chapter 35.68, 35.69 or 35.70 RCW. The cost of such work shall be assessed upon the abutting property owner(s) in accordance with Chapter 35.68, 35.69 or 35.70 RCW.
(Ord. No. 22-934, § 2, 6-7-22.)
4.40.030 Application – Permits.
Any person who is required to perform any repair, construction or reconstruction of a sidewalk shall submit a right-of-way application to the city and obtain a right-of-way permit prior to commencing any work; provided, however, that owners and occupants of abutting property may perform all maintenance activities and remove obstructions and debris, other than sidewalk repair, construction or reconstruction, from any sidewalk without obtaining a permit; provided, further that the city and its employees, agents and representatives may perform such work without obtaining a permit. The city will not charge permit fees for any right-of-way permits issued pursuant to this chapter.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-178.)
4.40.040 Clearing of snow.
It shall be the duty of the property owner, lessee, or occupant of property abutting or bordering any highway, street, avenue, or public place to remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such property to the full width of said sidewalk within 24 hours after such snow or ice has accumulated thereon.
(Ord. No. 19-875, § 1, 10-1-19.)
4.40.050 Dumping snow in street prohibited.
It is unlawful for any person, by any means, to scrape, plow, pile, dump, push, or deposit snow on, into, or upon any city street, right-of-way, or traffic sign; provided, however, this chapter neither prevents the removal of snow from public sidewalks, nor prohibits the city’s snow removal or street maintenance operations.
(Ord. No. 19-875, § 2, 10-1-19.)
4.40.070 Ancillary legislation.
This chapter shall not be construed as repealing or amending any provision relating to the improvements of public rights-of-way by special assessments, commonly known as local improvement districts, but shall be considered as additional legislation and ancillary thereto.
(Ord. No. 93-188, § 1, 9-21-93. Code 2001 § 13-185.)
4.40.080 Violation – Penalty.
A violation of this chapter is a Class 3 civil infraction and will be enforced as set forth in Chapter 7.80 RCW. Each day a violation continues is a separate offense.
(Ord. No. 19-875, § 3, 10-1-19.)
Cross reference: Penalty, FWRC 7.05.090; riding bicycles on sidewalks, Chapter 8.25 FWRC.