Chapter 12.04
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.04.010 Expense to be borne by abutting property.
12.04.020 Notice to construct.
12.04.040 Notice—Service—Publication when—Time limitation.
12.04.050 Assessment roll—Protest hearing.
12.04.060 Collection of assessments.
12.04.070 Repair of sidewalks.
12.04.080 Abutting property described— Deemed chargeable.
12.04.090 Owner or occupant to keep sidewalk clear of snow, ice or obstructions.
12.04.100 Dumping of snow on public streets.
12.04.010 Expense to be borne by abutting property.
The burden and expense of the construction and maintenance of sidewalks along the side of any street, or other public place in the city, shall devolve upon and be borne by the property directly abutting thereon. (Ord. 46 § 1, 1917)
12.04.020 Notice to construct.
A. Whenever in the judgment of the street committee of the council, or of the officer or department having the care and superintendence of streets in the city, the public convenience and safety requires that a sidewalk be constructed along either side of any street or other public place in said city, such committee, officer or department shall immediately report the fact to the city council.
B. If upon the receipt of such report the council shall deem the construction of such sidewalk necessary or convenient for the public it shall, by resolution, order such sidewalk constructed, and shall cause a notice in writing to be served upon the owner of each lot, block or parcel of land immediately abutting upon that portion or side of such street or public place where said sidewalk is to be constructed, requiring him or her to construct said sidewalk in accordance with such resolution.
(Ord. 46 §§ 2, 3, 1917)
12.04.030 Notice—Contents.
Said resolution and said notice provided for in Section 12.04.020 of this chapter shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where such sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required, the size and dimensions of the same, the method and material to be used in the construction, and shall contain an estimate of the cost thereof; and the notice shall further state that unless the sidewalk is constructed in compliance with the notice, and within thirty (30) days from the date of the service of said notice, said sidewalk will be constructed by the city and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 46 § 4, 1917)
12.04.040 Notice—Service—Publication when—Time limitation.
The notice provided for in Section 12.04.020 of this chapter shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land affected, or to the authorized agent of such owner, or a copy thereof to be left at the usual place of abode of such owner in the city, with a person of suitable age and discretion residing therein, or in case such owner is not a resident of the city, and his or her place of residence is known, a copy of such notice shall be mailed to such owner addressed to his or her last known place of residence, or in case of the place of residence of such owner is unknown, or if the owner of any lot, block or parcel of land affected is unknown then such notice shall be served by publication in two weekly issues of the official paper of the city. Such published notice shall specify a reasonable time within which said sidewalk shall be constructed which shall not be less than sixty (60) days from the date of the first publication of said notice. (Ord. 46 § 5, 1917)
12.04.050 Assessment roll—Protest hearing.
In case the notice provided for in Section 12.04.020 of this chapter shall not be complied with within the time therein specified, the officer, department having in charge the superintendence of streets, or committee of streets of the council, shall cause the sidewalk to be constructed forthwith, and shall report to the city council, at its next regular meeting or as soon thereafter as practicable an assessment roll showing each lot, block or parcel of land immediately abutting upon said sidewalk, the name of the owner thereof if known, and apportion the cost of said improvement to be assessed against each lot, block or parcel of land and said council shall thereupon set a date for the hearing of any protests against said proposed assessment roll and shall cause a notice of the time and place of said hearing to be published for two successive weeks in the official paper of the city, the date of said hearing to be not less than thirty (30) days from the date of said first publication of said notice. (Ord. 46 § 6, 1917)
12.04.060 Collection of assessments.
A. The city council shall at the time of said hearing or at an adjournment thereof by ordinance assess the cost of such sidewalk against the property immediately abutting thereon in accordance with the benefits thereto and such assessment shall become a lien upon the respective lots, blocks, or parcels of land, from the date of the approval of said assessment, and shall bear interest at the rate of six percent per annum from such date, which interest shall be a lien upon the property so assessed.
B. Said assessment, together with accrued interest thereon, shall be paid within ninety (90) days from the date of the approval of said assessment roll, if not so paid a penalty of five percent shall attach, which penalty shall be included in and become a part of such assessment roll.
C. Such assessments shall be collected by the treasurer of the city, and all such liens shall be enforced in the manner herein prescribed; provided, that delinquent assessments shall be certified to the treasurer of Okanogan County, Washington, and by him or her entered upon the general tax rolls, and collected as other general taxes are collected.
(Ord. 46 §§ 7-9, 1917)
12.04.070 Repair of sidewalks.
Whenever any sidewalk in the city needs repair, the street committee of the council, or the officer or department having the superintendence of the streets of the city, shall immediately serve notice in writing on the owner of the abutting property in the manner prescribed in Sections 12.04.020B, 12.04.030 and 12.04.040 of this chapter, to properly repair the same within five days, and if such repairs are not made, or properly made, within five days from the date of service, the said street committee, officer or department, shall cause the necessary repairs to be made, and shall report the cost thereof to the council, and the council shall thereupon cause the said costs and expenses to be assessed against the abutting property in the same manner and under the same conditions as the costs of sidewalks are assessed. Provided, that whenever in the opinion of such street committee, officer or department it shall require fifty (50) percent or more of the cost of a new sidewalk to properly repair any sidewalk, the same shall be reported to the council with recommendations, and the council shall thereupon by resolution order the said sidewalk repaired, or, declare the old sidewalk a nuisance and order it removed and a new one constructed, as they may determine, and all the proceedings hereinbefore provided in the case of construction sidewalks shall be followed as nearly as may be, in the matter of notice, assessment of costs and collection of the same, and in all other matters that the same may apply. Provided, that in case of unsafe or dangerous sidewalks it shall be the duty of the council to place guards around such unsafe or dangerous places to keep the public therefrom, pending repairs or reconstruction. (Ord. 46 § 10, 1917)
12.04.080 Abutting property described—Deemed chargeable.
For the purposes of this chapter all property having a frontage on the side or margin of any street or other public place in the city, shall be deemed abutting property, and such property shall be chargeable, as provided in this chapter, with all costs of construction or repair of any form of sidewalk improvement, between the margin of said street and the roadway lying in front of or adjacent to said property, and the term sidewalk as used in this chapter shall be construed to mean and include any and all structures or forms of improvement in the space between the street margin and the roadway known as the sidewalk area. (Ord. 46 § 11, 1917)
12.04.090 Owner or occupant to keep sidewalk clear of snow, ice or obstructions.
The owner or occupant of any house or other building, or the owner or proprietor, lessee or person entitled to the possession of any vacant lot, and any person having the charge of a church, public hall or public building, in the city, shall during the time that snow shall continue on the ground, by nine a.m. every morning clear the sidewalks in front of such house or other building, or in front of such lot, from snow and ice, and keep the same free from snow and ice during the day; or, shall, in case the snow or ice is so congealed that they cannot be removed without injury to the sidewalk, cause the said snow or ice to be strewed with ashes or sand, and shall also at all times, keep such sidewalks free and clear from all dirt, filth, or other obstructions or incumbrances, so as to allow the public full and free use of such sidewalks; any person refusing or neglecting to comply with the provisions of this section shall be guilty of a misdemeanor. Provided, that in cases of unrepresented nonresident property owners, the officer in charge of sidewalks shall have the sidewalks cleaned off or made safe in the manner hereinbefore provided for and report the expense thereof to the city council and said property owner shall be liable for said expense and in case he or she neglects or refuses to pay the same, the city shall recover the full amount thereof in a civil action thereon. (Ord. 46 § 12, 1917)
12.04.100 Dumping of snow on public streets.
It is unlawful for any person, by any means, to scrape, plow, dump, push or deposit snow or ice on, into or upon any street, highway, alley or upon any fire hydrant or traffic sign in the city; provided, however, this section shall not prevent the removal of snow from public sidewalks into the streets or prohibit the city, county or state snow removal or street maintenance operation. Violators of this section shall be liable for the costs of removal of snow as determined by the city, and in the case that such violator neglects or refuses to pay the same, the city shall recover the full amount of such costs in a civil action thereon. (Ord. 688 § 1, 2011)