Chapter 13.04 CONSTRUCTION AND REPAIR OF SIDEWALKS

The ordinance codified in PMC 13.04.010 through 13.04.040 is enacted in order to enable the city to exercise the powers and authority granted by Chapter 35.69 RCW, and to provide for the application and enforcement of said statute in the city. (Ord. 303 § 4, 1959).

13.04.020 Definitions.

The following definitions shall apply in this chapter:

A. “Street” includes any boulevard, avenue, alleyway, lane, square or place.

B. “Sidewalk” includes any and all structures or forms of street improvement included in the space between the street margin and the roadway.

C. “Property directly abutting” and/or “abutting property” means all property having a frontage upon the sides or margins of any portion. (Ord. 303 § 1, 1959).

13.04.030 Unfit or unsafe – Repair.

Whenever a portion, not longer than one block in length, of any street or sidewalk thereof has become unfit or unsafe for purposes of public travel, and such street adjacent to both ends of that portion is in good repair, and the city council shall by resolution find that the improvement of such a portion by the reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden and expense of reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion; provided, that such abutting property shall not be charged with any costs of reconstruction in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. (Ord. 303 § 2, 1959).

13.04.040 Repair – Notice – Assessment roll.

Whenever the city council has adopted the resolution referred to in PMC 13.04.030, the street superintendent shall cause to be served on the owner of the abutting property a notice instructing the owner to reconstruct a sidewalk on such property in accordance with plans and specifications which shall be attached to such notice. Such notice shall be served by delivering in person to the owner or leaving at his home with a person of suitable age and discretion then resident therein, or with an agent of such owner authorized to collect rentals on such property, or, if such owner is a nonresident of the state, by mailing a copy to his last home address, or if such owner is unknown or if his address is unknown, then by posting a copy in a conspicuous place on such portion of the street where such improvement is to be made. Such notice shall specify a reasonable time within which such reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the city will proceed to make the same through the street superintendent, and at a subsequent date, to be definitely stated in the notice, the street superintendent will report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved, the cost of such improvement, the name of the owner, if known, and that the city council, at the time stated in the notice, or at the time or times to which the same may be adjourned, will hear any and all protests against the proposed assessment. Upon expiration of the time fixed within which the owner is required to reconstruct such sidewalk, if the owner has failed to perform such work, the street department shall proceed to perform such work and shall, within the time filed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved, the cost of such work, and the name of the owner, if known. The city council shall, at the time in such notices designated, or at an adjourned time or times, assess the cost of such improvement against the abutting property and shall fix the time and manner for payment thereof, which assessment shall become a lien upon the property and shall be collected in the manner provided by law for special assessments by Chapter 35.68 RCW. (Ord. 303 § 3, 1959).

13.04.050 Plans and specifications.

All sidewalks hereafter constructed in the city shall be according to plans and specifications as provided within the current adopted Pacific development guidelines for public works standards. (Ord. 1748 § 1, 2010; Ord. 80 § 1, 1930).