Chapter 12.16
SIDEWALK MAINTENANCE AND REPAIR
Sections:
12.16.020 Notification to City of need.
12.16.030 Investigation and report of Public Works Director.
12.16.040 City Council determination.
12.16.050 City Council enforcement.
12.16.060 Maintenance of sidewalks.
12.16.070 Removal of snow and ice.
12.16.110 Violation – Penalty.
12.16.010 Definitions.
For the purpose of this chapter, certain words and terms used in this chapter are defined as set forth in this section:
A. “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.
B. “Planting strip” means that portion of the right-of-way between the outside of the curb and the inside of the sidewalk.
C. “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.
D. “Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls and rockeries 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.
E. “Sidewalk” means all hard-surfaced walkways constructed to City standards within City right-of-way and does not include curbs or gutters.
F. “Street” means street, boulevard, lane, avenue, way, alley, square, road, drive, place or public walkway.
G. “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, and the abutting property line. (Ord. 618 § 1, 1980)
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 reconstruct 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. 618 § 1, 1980)
12.16.030 Investigation and report of Public Works Director.
Within a reasonable time after written notification of a need to maintain, repair or reconstruct a sidewalk is submitted to the City, the Public Works Director 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 Public Works Director shall forward a written report of all findings and recommendations to the City Clerk for placement upon the next available regular meeting agenda of the City Council. (Ord. 618 § 1, 1980)
12.16.040 City Council determination.
When the question of need to maintain, repair or reconstruct sidewalks is presented to the City Council, the Council shall consider the written notification of need, the Public Works Director’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 decide to what extent under the circumstances the prioritization of available budgeted City funds allows for immediate maintenance, repair or reconstruction of the sidewalk area in question and determine the extent of improvements, prospective timetable and allocation of expense thereof which are appropriate under the circumstances. The City Council should normally require the abutting property owner to perform all maintenance, authorize the Public Works Director to perform at City expense all minor patching or other minor repairs, and agree to provide the labor if all costs of materials are paid by either the notifying/requesting party and/or abutting property owner for all reconstruction. (Ord. 618 § 1, 1980)
12.16.050 City Council enforcement.
The Public Works Director 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 pursuant to RCW 35A.47.020 and Chapter 35.68, 35.69 or 35.70 RCW incorporated in this chapter by this reference of which three copies have been on file with the City Clerk for public examination. (Ord. 618 § 1, 1980)
12.16.060 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 condition. (Ord. 618 § 1, 1980)
12.16.070 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. 618 § 1, 1980)
12.16.080 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 Engineer prior to the installation of materials within the planting strip. (Ord. 618 § 1, 1980)
12.16.090 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 planting strip so as not to be a hazard to the persons using the sidewalk or street. Living vegetation 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. (Ord. 618 § 1, 1980)
12.16.100 Repair of damage.
A. In the event that maintenance, repair or reconstruction of sidewalks, planting strips or transition strips is necessitated as a direct or proximate result of an act or omission of the abutting owner or owners, any damage including the upheaval of the sidewalks by tree roots or other vegetation planted by the owners or their predecessors in interest, or the driving of heavy equipment over and upon them, shall be remedied, or repaired or reconstructed solely at the cost of the abutting owner or owners causing or allowing the damage to occur.
B. In the event that maintenance, repair or reconstruction is made necessary by an act or omission of any third party, either the City or the abutting property owner shall have the right to institute a civil action against the third party for all costs incurred and attendant to such reconstruction and/or repair. (Ord. 618 § 1, 1980)
12.16.110 Violation – Penalty.
Failure of the abutting property owner to maintain, repair or reconstruct adjacent sidewalks, planting strips and transition strips as required by this chapter is declared a public nuisance, which shall be enforced pursuant to the provisions of Chapter 1.12 FMC. (Ord. 1819 § 8, 2013; Ord. 1817 § 2, 2013; Ord. 618 § 1, 1980)