Chapter 12.08
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.08.010 Owner responsibility--Repair notice.
12.08.020 Owner responsibility--Assessment lien.
12.08.030 Repair assessment--Roll certification.
12.08.040 Repair assessment--Delinquent payment.
12.08.050 Concrete construction required.
12.08.060 Construction expense.
12.08.070 Construction order and notice.
12.08.080 Construction notice contents.
12.08.090 Construction notice delivery--Publication.
12.08.100 Construction notice noncompliance--Hearing.
12.08.110 Construction hearing--Cost assessment.
12.08.120 Abutting property--Chargeable property.
12.08.010 Owner responsibility--Repair notice.
Whenever in the judgment of the officer or department of the city, which is or shall be charged with the inspection and care of the sidewalks along the public streets, lanes, squares, places and alleys in the city, the condition of any sidewalk is such as to render same unsafe or unfit for public travel, the officer or department shall thereupon serve notice upon the owner of the property immediately abutting upon such portion of the sidewalk of the condition thereof, instructing the owner to clear, repair or renew the portion of the sidewalk. (Prior code §12.12.120)
12.08.020 Owner responsibility--Assessment lien.
The notice provided for in Section 12.08.010 shall be served by delivering in person to the owner of the property or his authorized agent, or by leaving a copy of the notice at the home of the owner or his authorized agent, or if the owner is a nonresident of the city by mailing a copy to his last known address, or if the owner of the property be unknown or his address be unknown, then such notice shall be addressed to the General Delivery office of the city. The notice shall specify a reasonable time within which such cleaning, repair or renewal shall be executed by the owner, and shall state that in case the owner fails to do such cleaning, or to make such repairs or renewal within the time therein specified, that the officer or department will proceed to clean the walk or to make such repairs or renewals forthwith, and the department or officer shall so make the repairs, renewal or clean the sidewalks upon the failure of the owner so to do as in the notice given, and the notice shall further state and the officer or department shall report to the city council at it next regular meeting or as soon thereafter as possible, the date to be definitely stated, an assessment roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such improvement or repair and the name of the owner, if known, and that the council will hear any or all protests against the proposed assessment. The council shall at such time in such notice designated, or at the adjourned time, assess the costs of such work against the property in accordance with the benefits derived therefrom, which the charge and assessment shall become a lien upon the property from the date of the levy of the assessment and shall be collected by the clerk-treasurer of the city. (Prior code §12.08.130)
12.08.030 Repair assessment--Roll certification.
Upon the levying of the assessment in Section 12.08.020, the assessment roll shall be certified by the city clerk-treasurer for collection. (Prior code §12.08.140)
12.08.040 Repair assessment--Delinquent payment.
A. Upon the receipt of the assessment roll the city clerk-treasurer shall notify the property owner that the assessment roll is in his hands for collection, and that unless the assessment be paid within thirty days from the notice, that the same will become delinquent and bear interest at the rate of ten percent from the date of delinquency until paid. The notice shall be given by mailing the notice to the owner, if his address to known and if not known then by depositing a copy of the notice in the post office addressed to the owner at Goldendale, Washington.
B. If the assessment be not paid within thirty days after the mailing of the notice, the same shall become delinquent and shall bear interest at ten percent from the date of delinquency thereof until paid.
C. Upon the assessment or any part thereof becoming delinquent, the city may collect same by an action in the superior court having jurisdiction. (Prior code §12.08.150)
12.08.050 Concrete construction required.
From and after the taking effect of the ordinance codified in this chapter unless otherwise ordered by the city council, all sidewalks built along, over and upon public streets, alleys and public ways in the city shall be constructed of concrete. (Ord. 1017 §1, 1988: prior code §12.08.160)
12.08.060 Construction expense.
In the city, the burden and expense of constructing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. (Ord. 1017 §2, 1988: prior code §12.08.170)
12.08.070 Construction order and notice.
Whenever in the judgement of the officer or department of the city having the care and superintendence of streets and public places in the city, the public conveniences or safety requires that a sidewalk be constructed along either side of any street or other public places in the city, the officer or department shall immediately report tilt fact to the city council and if such council deems the construction of such sidewalk necessary or convenient for the public it shall by resolution order such sidewalk constructed and shall cause a notice in writing to be served upon the owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where the sidewalk is to be constructed requiring him to construct such sidewalk in accordance with this chapter. (Prior code §12.08.180)
12.08.080 Construction notice contents.
The resolution and notice provided for in Section 12.08.070 shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where the sidewalk is ordered to be constructed and shall specify the kind of sidewalk required, the size and dimensions’ of the same, the method and material to be used in construction and shall contain an estimate of the cost thereof, and the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time specified therein the sidewalk will be constructed by the city and the costs and expenses thereof assessed against the property abutting thereon and described in such notice. (Prior code §12.08.190).
12.08.090 Construction notice delivery--Publication.
The notice provided for in Section 12.08.080 shall be deemed served if delivered to the owner or reputed owner of each lot, tract, or parcel of land affected, or to the authorized agent of such owner, or if a copy thereof be left at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein, or in case such owner is a nonresident of the city and his place of residence is known a copy of such notice shall be mailed to such owner, addressed to his last known place of residence, or in case the place of residence of such owner is unknown or if the owner of any lot, block, or parcel of land affected is unknown then the notice shall be served by publication in two weekly issues of the official newspaper of the city. The notice shall specify a reasonable time within which the sidewalk shall be constructed which in the case of publication of the notice shall not be less than sixty days from the date of the first publication of such notice. (Prior code §12.08.200)
12.08.100 Construction notice noncompliance--Hearing.
In case the notice provided for in Section 12.08.090 shall not be complied with within the time specified the officer or department having charge of the care and superintendence of streets and public places in the city, shall proceed to construct the sidewalk forthwith and shall report to the city council at its next regular meeting or as soon thereafter as is practicable, an assessment roll showing each lot, block or parcel of land immediately abutting upon the sidewalk, the name of the owner thereof, if known, and apportion the cost of the improvement to be assessed against each lot, block or parcel of land and the city council shall thereupon set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the time and place of hearing to be published for two successive weeks in the official newspaper of the city, the date of the hearing to be not less than thirty days from the date of the first publication of the notice. (Prior code §12.08.210)
12.08.110 Construction hearing--Cost assessment.
The city council shall, at the time of the hearing mentioned in Section 12.08.100 or at any adjournment thereof, by ordinance assess the cost of constructing such sidewalk against the property immediately abutting thereon in accordance with the benefits thereto and such assessment shall become a lien upon the respective lots, blocks or 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 year from the date of the approval of the assessment thereon, and such ordinance of assessment shall set forth the method by which the assessments or installments thereof, if any, shall be paid and shall provide for interest on all deferred installments and for interest and penalties in cases of delinquency. (Prior code §12.08.220)
12.08.120 Abutting property--Chargeable property.
For the purpose of Section 12.08.060 through this section all property having a frontage on the side or margin of any street or other public place shall be deemed abutting property, and such property shall be chargeable, as provided in Sections 12.08.060 through this section and under the laws of the state, with the cost of construction of any form of sidewalk improvement, between the margin of the street or other public place and the roadway lying in front and adjacent to the property, and the term sidewalk as used in this section shall be construed to mean any and all structures or forms of improvements included in the space between the street margin and the roadway. (Prior code §12.08.230)