Chapter 6.04
ASSESSMENTS FOR IMPROVEMENTS*
Sections:
6.04.010 Definition.
6.04.020 Resolution and notice of required improvements.
6.04.030 Notice to describe property, construction.
6.04.040 Notification and publication.
6.04.050 Assessment roll – Hearing – Notice – Confirmation – Appeal.
6.04.060 Method of payment of assessments.
6.04.070 Collection of assessments.
6.04.080 Noncompliance with notice – Hearing.
6.04.090 Chargeable property.
6.04.100 Hazardous conditions on public street right-of-way.
6.04.110 Property owner liability.
6.04.120 Permit required.
6.04.130 Penalty.
*Cross reference(s) – Department of public works, ch. 2.28; local improvement districts, ch. 3.22.
State law reference(s) – Local improvements, RCW 35.43.010 et seq.
6.04.010 Definition.
Sidewalk means and includes any and all structures, forms, or improvement included in the space between the street margin and roadway boundary and known as the sidewalk area.
(Ord. No. 2259, § 8. Formerly Code 1986, § 4.16.080)
Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.
6.04.020 Resolution and notice of required improvements.
Whenever in the judgment of the officer or department having the responsibility for the maintenance of streets, public places, rights-of-way, or other improvements as provided in RCW 35.43.040(1) – (18) in the city, the public convenience or safety requires that a sidewalk, curb, gutter, or driveway be constructed, renewed, or repaired, hereinafter called the improvement, along either side of any street or other public place therein, the officer or department shall immediately report the fact to the city council. If the city council shall deem the improvement necessary or convenient for the public convenience or safety, it shall by resolution order the improvement. Thereafter, a notice in writing shall be served on 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 improvement is to be constructed, requiring that such improvement be constructed in accordance with such resolution.
(Ord. No. 2259, § 1. Formerly Code 1986, § 4.16.010)
State law reference(s) – Similar provisions, RCW 35.43.040.
6.04.030 Notice to describe property, construction.
The resolution and notice provided for in KCC 6.04.040 shall:
1. Describe each lot, block, or parcel of land immediately abutting on that portion of the street or other public place where the improvement is to be constructed;
2. Specify the kind of improvement required, the method and material to be used in the construction; and
3. Contain an estimate of the cost thereof.
The notice shall state that unless the improvement is constructed in compliance with the notice and within the time therein specified, the improvement will be constructed by the city and the cost and expense thereof assessed against the property abutting thereon.
(Ord. No. 2259, § 2. Formerly Code 1986, § 4.16.020)
6.04.040 Notification and publication.
If all or any portion of the cost of the improvement is to be assessed against the benefitting property owner, or if the benefitting property owner is required to construct the improvement, the resolution shall fix the time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two (2) consecutive weeks before the time of hearing in the official newspaper of the city and a notice of the date of such hearing shall be given each owner or reputed owner of the abutting property by mailing to the owner or the King County treasurer, at the address shown thereon a notice of the date of hearing. Such mailing shall be at least ten (10) days before the date fixed for such hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of the hearing, the city council shall hear persons who appear for or against the improvement. The city council shall determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted by the city council.
(Ord. No. 2259, § 3. Formerly Code 1986, § 4.16.030)
State law reference(s) – Notice, RCW 35.43.150.
6.04.050 Assessment roll – Hearing – Notice – Confirmation – Appeal.
Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the director of public works or his designee, which shall describe the property assessed, the name of the owner, if known, or if not known, stating that the owner is unknown, and fixing the amount of the assessment. The assessment roll shall be filed with the city clerk. When the assessment is filed, the city council shall by resolution fix the date for a hearing thereon and direct the city clerk to give notice of the time and place of such hearing. The notice of hearing shall be mailed to the person whose name appears on the King County treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon. The notice shall be published before the date fixed for the hearing for two (2) consecutive weeks in the official newspaper of the city. The notice shall be mailed and first publication made at least ten (10) days before the hearing date. Following the hearing, the city council shall by ordinance affirm, modify, or reject or order recasting of the assessment roll. An appeal may be taken to the superior court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll by Chapters 35.43 through 35.54 RCW, inclusive, as now or hereafter amended.
(Ord. No. 2259, § 4. Formerly Code 1986, § 4.16.040)
State law reference(s) – Procedure, RCW 35.43.130, 35.44.080 et seq.
6.04.060 Method of payment of assessments.
The city council shall by resolution provide whether the full amount of the assessment shall be paid in one (1) payment or whether it may be paid in installments and shall prescribe the time and amount of such payments. If more than one (1) payment is provided for, the city council may by resolution provide for interest on unpaid installments and fix the rate of interest.
(Ord. No. 2259, § 5. Formerly Code 1986, § 4.16.050)
State law reference(s) – Procedure for challenging the assessment roll, etc., RCW 35.44.070.
6.04.070 Collection of assessments.
The assessment roll as affirmed or modified by the city council shall be filed with the finance director for collection, and the amount including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty (30) days or more, the lien may be foreclosed in the same manner and with the same effect as is provided by Chapters 35.43 through 35.54 RCW.
(Ord. No. 2259, § 6. Formerly Code 1986, § 4.16.060)
State law reference(s) – Collection procedure, RCW 35.49.010.
6.04.080 Noncompliance with notice – Hearing.
If the notice provided for in KCC 6.04.040 is not complied with within the time specified therein, the officer or department having charge of the maintenance of the streets and public places in the city shall proceed to construct the improvement and shall report to the city council an assessment roll showing each lot, block or parcel of land immediately abutting upon such improvement. The report shall contain the name of the owner of the described property, if known, and the portion of the cost of such improvement to be assessed against each lot, block or parcel of land. The procedures for hearing and confirmation of assessment roll including procedures for notification, publication and appeal shall be identical with those set forth in KCC 6.04.050.
(Ord. No. 2259, § 7. Formerly Code 1986, § 4.16.070)
6.04.090 Chargeable property.
For the purpose of this chapter, all property having a frontage on the side or margin of any street or other public place or property otherwise specially benefitted shall be deemed benefitting property. Such property may be chargeable as provided in this chapter with all the costs of construction of any improvement between the margin of such street or other public place and the roadway lying in front of and adjacent to such property.
(Ord. No. 2259, § 8. Formerly Code 1986, § 4.16.080)
6.04.100 Hazardous conditions on public street right-of-way.
It is unlawful for the owner and/or person occupying or having charge or control of any premises abutting upon any public street right-of-way or alley in the city to construct, place, cause, create, maintain or permit to remain upon any part of such right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way by the members of the general public, including but not limited to the following conditions:
1. Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints;
2. Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between such cement surfaces and public sidewalks, including stub-toes or depressions at the junction;
3. Defects in sidewalks or publicways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way;
4. Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way;
5. 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;
6. Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
7. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that might cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
8. Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.
(Ord. No. 2259, § 9. Formerly Code 1986, §§ 4.16.090 – 4.16.098)
6.04.110 Property owner liability.
A. In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as specified in this chapter or by the presence or accumulation of ice or snow thereon or by lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurred shall be liable therefor including liability to the city for all damage, injury, costs and disbursements including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged.
B. Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side, the duty and expense of the maintenance, cleaning, repair and renewal of such sidewalk, including the erection or maintenance of suitable barriers along the outer margin of such sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property. If the difference in elevation is the result of a change in street grade occasioned by any city, county or state roadway construction, reconstruction or improvement project, such barrier shall be erected or installed as a part of such project and the cost thereof shall not be borne by the abutting owner. All such repairs shall be made after application for and issuance of a proper street excavation permit, as required by law. All such work shall be duly inspected and approved by the department of public works.
(Ord. No. 2259, § 10. Formerly Code 1986, § 4.16.110)
6.04.120 Permit required.
Any person desiring to change or relocate any sidewalk in front of and abutting his property shall make application in writing to the department of public works of the city. Such application shall contain, among other things:
1. The exact location of such proposed change or relocation;
2. The location of any new sidewalk to be paved; and
3. The connections and locations of other sidewalks upon such street.
No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit.
(Ord. No. 2259, § 11. Formerly Code 1986, § 4.16.120)
6.04.130 Penalty.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars ($300) or by imprisonment for a period not exceeding ninety (90) days or by both such fine and imprisonment.
(Ord. No. 2259, § 12. Formerly Code 1986, § 4.16.130)