Chapter 12.02
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.02.010 Abutting property owner – Responsibilities.
12.02.020 Notice of necessary repairs.
12.02.040 Notice of the resolution.
12.02.060 Notice to abutting property owner.
12.02.080 Assessment roll – Resolution – Notice.
12.02.090 Assessment roll – Hearing.
12.02.100 Assessment roll – Collection.
12.02.110 Sidewalk repairs – Application.
12.02.120 Hazardous conditions – Street right-of-way.
12.02.130 Voluntary sidewalk construction and repair program.
12.02.140 Sidewalks – Standards of construction.
12.02.010 Abutting property owner – Responsibilities.
A. Property having a frontage upon the side margins of any street is abutting property, and such property shall be chargeable for the cost of construction or reconstruction or any form of sidewalk improvement across the width of and adjacent to that property; provided, that the charge shall not exceed 50 percent of the value of the abutting property, exclusive of improvements, according to its last assessed value.
B. The owner of property abutting a sidewalk shall be responsible for the expense of inspection, maintenance, cleaning, and repair of that sidewalk; provided, that the city shall be responsible for any cost of repair that is the direct result of city actions or failure to enforce this chapter.
C. When a sidewalk is located more than two feet above or below the abutting property, or the slope of the property immediately adjacent to the sidewalk exceeds a one-to-one ratio, the abutting owner shall erect and maintain suitable barriers along the outer margin of the sidewalk; provided that, barriers required by a change in street grade resulting from a governmental roadway project shall be a project cost. Once installed the abutting property owner shall be responsible for maintenance of the barrier.
D. Any repairs to sidewalks or barriers shall be made pursuant to a right-of-way construction permit, and all of repairs shall be inspected and approved by the director of public services. (Ord. 854 § 1, 2001)
12.02.020 Notice of necessary repairs.
Whenever the department of public services determines that installation of sidewalks is in the public interest or discovers that any sidewalk, planting strip, or transition strip that is a danger or hazardous to use or is in need of maintenance, repair or reconstruction, it shall notify the city council. (Ord. 854 § 1, 2001)
12.02.030 Council resolution.
Whenever the city council decides to install, reconstruct or repair any sidewalk, it shall adopt a resolution stating:
A. The estimated cost of the improvement;
B. Whether all or a portion of the cost of the improvement shall be borne by the city or by the abutting property owner(s);
C. If the abutting property owner is to be responsible for the improvement, whether the city will advance the cost of the improvement and assess the abutting property therefor, or require the abutting property owner to construct the improvement, the time in which such improvement shall be accomplished, and that if the improvement is not installed within in that time the city shall complete the improvement and assess the cost against the property as provided in Chapter 35.68 RCW; and
D. A time and place for a hearing on the resolution. (Ord. 854 § 1, 2001)
12.02.040 Notice of the resolution.
The resolution shall be published for two consecutive weeks in the city’s official newspaper; and a copy thereof mailed to each abutting property owner of record as shown by the tax rolls of the county treasurer at least 10 days before the hearing. (Ord. 854 § 1, 2001)
12.02.050 Hearing.
At the hearing the city council shall hear from persons who appear for or against the improvement and decide whether it shall proceed with the improvement. (Ord. 854 § 1, 2001)
12.02.060 Notice to abutting property owner.
Whenever the city council decides to proceed with an improvement, the director of public services shall mail a notice together with a cost estimate for the work to the abutting property owner(s). The notice shall be deemed received three days after mailing. The notice shall advise the abutting property owner(s) to complete arrangements to accomplish the work indicated within the number of days specified in the resolution or the city shall complete the work and charge all or a portion of the cost against the abutting property owner(s) and the abutting property(ies) as provided in Chapter 35.68 RCW. (Ord. 854 § 1, 2001)
12.02.070 Assessment roll.
Whenever a property is to be assessed under authority of this chapter, an assessment roll based upon benefit received by the abutting property shall be prepared. The preliminary assessment roll shall contain the name of the property owner as shown on the tax rolls of the county treasurer, describe the property and state the amount of the assessment. (Ord. 854 § 1, 2001)
12.02.080 Assessment roll – Resolution – Notice.
The preliminary assessment roll shall be filed with the city clerk, who shall notify the council. The council shall adopt a resolution setting a time and place for a hearing upon the preliminary assessment roll and directing the city clerk to give notice thereof. The resolution shall also establish a deadline for filing written protests.
The city clerk shall cause the resolution to be published for two consecutive weeks before the hearing, and, at least 10 days before the hearing, the city clerk shall mail to the owners of the abutting property as shown on the tax rolls of the county treasurer notice of the time, place and date of the hearing and the deadline for filing written protests. (Ord. 854 § 1, 2001)
12.02.090 Assessment roll – Hearing.
At the hearing the city council shall hear protests that have been timely filed and adopt a resolution confirming or modifying the assessment roll, providing for method of payment, and establishing interest on any installment payments. (Ord. 854 § 1, 2001)
12.02.100 Assessment roll – Collection.
The assessment shall be lien on the property described in the roll from the date it is filed with the city clerk. The lien of assessment may be enforced when delinquent for 30 days as provided in Chapters 35.43 to 35.55 RCW. (Ord. 854 § 1, 2001)
12.02.110 Sidewalk repairs – Application.
Any person desiring to repair, change, or relocate any sidewalk abutting his or her property shall make application in writing for a permit to the city’s department of public services. The application shall identify the location of the proposed change or relocation, the location of any new sidewalk to be installed, and the connections with and location of other sidewalks upon the street; provided, that no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit. (Ord. 854 § 1, 2001)
12.02.120 Hazardous conditions – Street right-of-way.
It shall be unlawful for the owner of abutting property or any person occupying or in charge or control of abutting property to construct, place, cause, create, maintain, or permit to remain upon any part of the public right-of-way between the abutting property line and the curb line or, if there is no curb line, the adjacent edge of the traveled portion of the right-of-way, any condition, structure, or object dangerous or hazardous to the use of the right-of-way by the general public, including but not limited to:
A. Defective sidewalk surfaces, including but not limited to broken or cracked cement concrete, stub-toes, depressions within or between sidewalk joints.
B. Defective cement concrete surfaces placed adjacent to the public sidewalks, including stub-toes or depressions at said junction.
C. Defects in sidewalks or public ways 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.
D. Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or right-of-way or tree roots extending under such public sidewalks or rights-of-way.
E. Defective conditions on any parking strip area.
F. Defects resulting from accumulation of ice and snow.
G. Defects consisting of foreign matter, including but not limited to gravel, oil, grease, or any foreign matter that might cause pedestrians using the sidewalk to fall, stumble, or slip.
H. Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.
I. Property Owner Liable. In the event of any injury or damage to any persons and/or property proximately caused by the abutting property owner’s failure to comply with the maintenance and repair obligations imposed by this chapter, the abutting property owner shall be liable therefor, and the city shall have a cause of action against the abutting property owner for all damage, injury, costs and disbursements, including court costs and attorney’s fees incurred by the city. (Ord. 854 § 1, 2001)
12.02.130 Voluntary sidewalk construction and repair program.
A. The city adopts a policy of actively encouraging voluntary construction and repair or curb, gutter, and sidewalk improvements on public right-of-way by all property owners in the city, except those:
1. Who are required to construct curbs, gutters, and sidewalks pursuant to this chapter; or
2. Who are required to construct curbs, gutters, and sidewalks by the conditions of a subdivision approval, a conditional use permit, or mitigation contract.
B. The city may participate in such voluntary construction and repair projects by performing all required surveying and engineering services, by contracting for labor and materials needed on the project, by performing inspection and approval services, and by paving the street from the point of its former edge to the new curb line. The city may establish an annual budget for participation in voluntary construction and repair projects.
C. As a precondition to city participation, the property owner must:
1. Dedicate to the city sufficient property to widen the abutting public right-of-way to the full width as measured from the design centerline so as to conform to the applicable road standards specified by the city engineer; or prove to the satisfaction of the city engineer that such public ownership already exists.
2. Pay the city 50 percent of actual costs incurred by the city in a manner determined by the city.
D. If, within two years following completion of construction, a property owner develops abutting property and must comply with mandatory curb, gutter, and sidewalk construction provisions of the city, then, as a precondition to final city approval of development permits, the owner of the abutting property shall reimburse the city for the cost of its participation in the original curb, gutter, and sidewalk project. (Ord. 854 § 1, 2001)
12.02.140 Sidewalks – Standards of construction.
The director of public services shall cause sidewalk standards of construction to be prepared and submitted to the city council for adoption by resolution. (Ord. 854 § 1, 2001)
12.02.150 Severability.
If any sentence, clause, or phrase of this chapter should be held to be invalid or unconstitutional by a court, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this chapter. (Ord. 854 § 1, 2001)