Chapter 12.16
SIDEWALK – MAINTENANCE AND REPAIR
Sections:
12.16.010 Responsibility of owner.
12.16.020 Notice to clean or repair – When.
12.16.030 Notice to clean or repair – Contents.
12.16.050 Abutting property liable for costs.
12.16.010 Responsibility of owner.
Whenever any street, lane, square, place or alley in the city has been improved by the construction of a sidewalk or sidewalks along either or both sides thereof, the burden and expense of maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the properties directly abutting upon that side of such street along which such sidewalk has been constructed as provided in this chapter. [Ord. 214 § 1, 1921.]
12.16.020 Notice to clean or repair – When.
Whenever in the judgement of the street commissioner the condition of any sidewalk is such as to render the same unfit or unsafe for the purpose of public travel, said officer shall thereupon serve a notice on the owner of the property immediately abutting on the portion of the sidewalk, of the condition thereof, instructing the owner to clear, remove, repair or renew such portion of the sidewalk. Any walk so ordered to be renewed, or any new walk built within the limits of the city shall be constructed of concrete. [Ord. 243 § 1, 1926; Ord. 214 § 2, 1921.]
12.16.030 Notice to clean or repair – Contents.
Notice provided for in LMC 12.16.020 shall be deemed sufficiently served if delivered in person to the owner of the property, or his authorized agent, or if the owner is a nonresident, by mailing a copy to his last known address, or if the owner of the property is unknown or if his address is unknown then such notice shall be addressed to the general delivery office of the city wherein the improvement is to be made, such notice shall specify a reasonable time within which such cleaning, repairing or renewing 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, the officer will proceed to clean the walk or to make such repairs or renewal forthwith, and will report to the city council at its next regular meeting or as soon thereafter as possible, the date to be definitely stated, as 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. [Ord. 214 § 3, 1921.]
12.16.040 Assessment – When.
The city council shall, at the time specified in such notice or at an adjourned time or times, assess the cost of such work against such property in accordance with the benefits derived therefrom, which charge shall become a lien upon such property and shall be collected by due process of law. [Ord. 214 § 4, 1921.]
12.16.050 Abutting property liable for costs.
For the purposes of this chapter all property having a frontage upon the sides or margin of any street is abutting property and such property shall be chargeable, as provided by this chapter for all costs of maintenance, repairs or renewal of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to such property, and the term “sidewalk,” as intended for the purposes of this chapter, shall be taken to include any and all structures or forms of street improvement included in the space between the street margin and the roadway. [Ord. 214 § 5, 1921.]
12.16.060 Interpretation.
Nothing in this chapter shall be construed to limit or repeal any existing power of the city with reference to the improvement or maintenance of sidewalks, streets, lanes, places, squares, or alleys, but the power and authority herein granted is to be exercised concurrent with or in extension of the powers of authority now existing. [Ord. 214 § 6, 1921.]