Chapter 11.20
Sidewalk Maintenance1
Sections:
11.20.020 Maintenance responsibility.
11.20.030 Unfit--Notice--Repairs--Time.
11.20.010 Abutting property.
For the purpose of this chapter all property having a frontage upon the side or margin of any street shall be deemed to be abutting and such property shall be chargeable as provided by this chapter for all costs of maintenance, repair or renewal of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to the property, and the term sidewalks as intended for the purpose of this chapter shall be taken to include any and all structures or form of street improvement included in the space between the street margin and the roadway. (Ord. 263 §1(part); August 8, 1905).
11.20.020 Maintenance responsibility.
Whenever any street, lane, square, place or alley in the city shall have been improved by the construction of a sidewalk or sidewalks along either or both sides the duty, burden and expense of the maintenance, repair or renewal of that sidewalk shall devolve upon the property directly abutting upon that side of the street along which the sidewalk has been constructed as provided. (Ord. 263 §1(part), 1905).
11.20.030 Unfit--Notice--Repairs--Time.
Whenever in the judgment of the city council, upon the recommendation of the director of public works, the condition of any sidewalk renders it unfit or unsafe for purposes of public travel, the city council shall direct the director of public works to serve a notice upon the owner of the property immediately abutting upon the portion of the sidewalk of the condition, and instruct the owner to clean, repair or renew that portion of the sidewalk. The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent, by mailing a copy of the notice to the owner by certified mail, return receipt requested, at the owner's last known address, or by leaving a copy of such notice at the home of the owner or authorized agent. If the owner is a nonresident of the city and has no authorized agent residing in Montesano, the notice shall be deemed properly served by mailing a copy of the notice to the owner's last known address in the manner previously stated. If the owner of the property is unknown, or if his address is unknown, the notice shall be addressed to the owner in care of general delivery at the post office of Montesano. The notice shall specify sixty days within which cleaning, repair or renewal shall be executed by the owner and shall state that in case the owner shall fail to do the cleaning, repairing or renewal within the period established or such extended period as may be agreed upon by the director of public works and the owner, than the director of public works shall proceed to clean the walk or to make such repairs or renewals forthwith= and will report to the city council at its next regular meeting, or as soon thereafter as reasonably possible, in the manner provided by state law, an assessment roll showing the lot or parcel of land immediately abutting upon that portion of the sidewalk so improved, the cost of the improvement or repair and the name of the owner if known, and that the city council will hear any and all protests against the proposed assessment, all in the manner provided by law. (Ord. 1170 §1, 1982: Ord. 263 §1(part), 1905).
11.20.040 Assessment of cost.
The city council shall at the time designated in the notice, or at an adjourned time or times, assess the cost of the work against the property in accordance with the benefits derived therefrom.
The charge shall become a lien upon the property and shall be collected by due process of law. (Ord. 263 §1(part), 1905).
Authority to require abutting owners to construct improvement of sidewalks--See RCW 35.68.010