Chapter 12.20
USE AND MAINTENANCE OF RIGHT-OF-WAY
Sections:
12.20.020 Failure to perform work.
12.20.025 Adjacent owner’s responsibility of right-of-way.
12.20.010 Cleanup required.
All site developers, contractors and utility companies or others operating within the city shall maintain and clean all debris and surplus material from the public right-of-way during construction. Upon completion of the project the developers, contractors, companies or others shall clean all such debris from the street and shall restore the ground to its original or better condition than when construction began. (Ord. 2092 § 4, 2024).
12.20.020 Failure to perform work.
A. Upon the failure of the developers, contractors, utility companies or others to clean up as required, a notice of the failure shall be issued by the public works director.
B. In the event the public right-of-way has not been cleared and restored within a maximum time of two days from the date of the issuance of the notice, the city shall proceed to do the necessary work and the developer, contractor, utility company or others failing to clean up as required shall be billed for the cleanup and restoration expense. The bill shall include labor, equipment, materials, and/or other expenses involved.
C. Failure to pay the bill will affect future approval of the developer, contractor, utility company, or others to do work in the city. (Ord. 2092 § 4, 2024).
12.20.025 Adjacent owner’s responsibility of right-of-way.
A. It shall be the duty of the owner or occupant of abutting property to keep the area between the property line and the edge of the pavement, whether improved or unimproved, in good repair at the owner’s own expense, and to remove or correct any condition which renders any such area unsafe or unfit for use.
B. Whenever any sidewalk, gutter, curb, or driveway across any sidewalk has been determined by the city to be unsafe or unfit for public use, it shall be the responsibility of the abutting property to perform the necessary work at their own cost and expense to fix.
C. It shall be the duty of the owner or occupant of abutting property to keep the sidewalk in front of such property free from snow, ice or obstruction of any kind, either natural or artificial. Removal shall occur within 24 hours after the occurrence.
D. It shall be unlawful for any person to place or maintain any tree, shrub, sign, structure or opaque object in violation of MMC 17.44.060, Vision clearance.
E. Except for landscaping, no person shall construct or place any structure within the area between a property line and the edge of the pavement, whether improved or unimproved.
F. Prior to planting landscaping between a property line and the edge of the pavement, a plan must be approved by the public works director. Any landscaping in the right-of-way that does not increase impervious surface is exempt from a right-of-way permit.
G. Any landscaping or structure located in the right-of-way may be removed by the city without requirement of replacement, if the city determines said removal is necessary. (Ord. 2092 § 4, 2024).
12.20.030 Encroachment.
A. Any vegetation, object, or structure that obstructs or impairs a street, bicycle lane, or sidewalk shall be considered an encroachment and a violation of this chapter. The encroachment is subject to Chapter 1.08 MMC, Code Compliance Procedures.
B. If the public works director determines that an encroachment constitutes an immediate health or safety risk to the public, the director may remove the encroachment without prior notification to the adjacent property owner. The adjacent property owner shall be notified within five working days of said removal. (Ord. 2092 § 4, 2024).