Chapter 12.12 SIDEWALK MAINTENANCE, CONSTRUCTION AND REPAIR

For statutory provisions on sidewalks in second class cities, see Chapters 35.68, 35.69 and 35.70 RCW, three copies of which are on file with the city clerk for public examination.

Article I. General Provisions

12.12.010 Definitions.

Repealed by Ord. 2578. (Ord. 2474 § 1, 1995).

12.12.020 Scope.

This chapter shall not be construed as repealing or amending any provision of the transportation and rights-of-way improvement ordinance, Chapter 12.04 PTMC, any other laws or city ordinances relating to construction, reconstruction and repair of sidewalks, gutters and curbs along driveways across sidewalks, or any provision relating to the improvement of streets or public ways by special assessments commonly known as local improvement laws, but shall be considered as additional and ancillary legislation. The procedures set forth in this chapter shall apply only where the sidewalk improvement is not required by other ordinances of the city, including, but not limited to, Chapter 12.04 PTMC, the SEPA ordinance, Chapter 19.04 PTMC, the land division ordinance, PTMC Title 18, or any zoning laws of the city of Port Townsend. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.030 Adjoining property owners/occupants to clean sidewalks.

It shall be the responsibility of every occupant or owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a condition that is fit and safe for purposes of public travel and is free of any and all obstructions or defects, including, but not limited to, snow, ice, and mud. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.040 Standards for sidewalk construction.

All sidewalks constructed, maintained, reconstructed, repaired or improved under this chapter shall conform to established grade, materials and standards established by the city, shall conform to ADA criteria for new or reconstructed sections, and shall be subject to approval by the public works director. Information concerning grade, materials and standards shall be available to property owners on request. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

Article II. Sidewalk Construction – Responsibility and Process

12.12.050 Owner’s responsibility to construct sidewalks.

Pursuant to Chapter 35.70 RCW, as now or later amended, the burden and expense of constructing sidewalks along the side of any street or other public place shall devolve upon and be borne by the directly abutting property. The city may charge such property with all costs of construction of any form of sidewalk improvement, in accordance with the procedures set forth below; provided, that such abutting property shall not be charged with any costs of construction in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereof, according to the valuation last placed upon it for purposes of general taxation. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.060 Necessity to construct.

The public works director shall report to the city council areas where, in his or her judgment, public convenience or safety requires that a sidewalk be constructed along either side of any street. To the extent possible, the public works director’s report shall be tied to the capital improvement plan process. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.070 Order to construct – Notice.

If, upon receiving a report from the public works director, the city council deems the construction of the proposed sidewalk necessary or convenient for the public, it shall by an appropriate resolution order the sidewalk constructed. The council shall direct the public works director to serve a written notice upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is constructed, requiring the owner to construct the sidewalk in accordance with the resolution. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.080 Order to construct – Requirements.

The resolution and notice and order to construct a sidewalk shall:

A. Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed;

B. Specify the kind of sidewalk required, its size and dimensions, and the method and material to be used in the construction;

C. Contain a cost estimate; and

D. State that unless the sidewalk is constructed in compliance with the notice and within a reasonable time as specified, the city will construct the sidewalk and assess the cost and expense against the abutting property described in the notice. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.090 Order to construct – Serving of notice.

The notice shall be served:

A. By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owner(s); or

B. By leaving a copy at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein; or

C. By leaving a copy with an agent of the owner(s) authorized to collect rentals on such parcel of land; or

D. If the owner is a nonresident of the city and his or her place of residence is known, by mailing a copy to the owner addressed to his or her last known place of residence; or

E. If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in the official newspaper of the city, once a week, for two consecutive weeks. The notice shall specify a reasonable time within which the sidewalk shall be constructed which, in the case of publication of the notice, shall be not less than 60 days from the date of first publication of such notice. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.100 Notice – Noncompliance – Action by city – Assessment.

If the notice and order to construct a sidewalk is not complied with within the time specified, the public works director shall proceed to construct the sidewalk and shall report to the city council at its next regular meeting, or as soon after as is practicable, an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner, if known, and apportion the cost of the improvement to be assessed against each parcel of such land. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.110 Assessment – Hearing – Notice.

Upon action by the public works director set forth in PTMC 12.12.100, the council shall set a date for hearing any protests against the proposed assessment roll and give notice of the time and place of the hearing. Such notice shall be published once a week for two successive weeks in the official newspaper of the city, and the date of the hearing may not be less than 30 days from the date of the first publication of the notice. At the hearing or at any adjournment of the hearing, the city council shall, by ordinance, assess the cost of constructing or repairing the sidewalk against the abutting property in accordance with the benefits to the property. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.120 Assessment – Collection.

The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of the assessment. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

Article III. Sidewalk Maintenance and Repair/Reconstruction/Construction

12.12.130 Authority to construct improvements of sidewalks, gutters, curbs and driveways.

Pursuant to Chapter 35.69 RCW, as now or later amended, the duty, burden and expense of maintaining, repairing sidewalks, reconstructing or constructing sidewalks less than one block in length (collectively referred to as “improvements”) shall devolve upon the property directly abutting the sidewalk as set forth in PTMC 12.12.140 through 12.12.190; provided, that such abutting property shall not be charged with any costs of construction or reconstruction under such sections in excess of 50 percent of the valuation of the abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.140 Unfit sidewalk – Resolution ordering improvements.

Whenever a portion of a street, not longer than one block in length, is not improved by the construction of a sidewalk, or whenever a sidewalk or portion of a sidewalk has become unfit or unsafe for travel and the city council by resolution finds that the improvement of the sidewalk is necessary for public safety and convenience, the city may require the owner of the property directly abutting upon such portion to perform the necessary improvements. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.150 Resolution – Notice.

The resolution shall direct the public works director to notify the abutting owner(s) instructing the owner to construct the improvements on such portion in accordance with the plans and specifications which shall be attached to such notice. The notice shall further:

A. Specify a reasonable time within which the work shall be commenced and completed.

B. State that if the improvements are not completed within the time specified that the city public works department will perform and complete the improvements and assess the costs against the abutting property owner.

C. State that if the city performs the improvements the public works director shall, at a fixed date specified in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on the portion of the street so improved, the cost of the improvement, and the name of the owner, if known.

D. State that at the time specified in the notice the time the council will hear any and all protests against the proposed assessment; provided however, that the hearing may be postponed from time to time to a definite date until the hearing is held. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.160 Service of notice.

The notice provided for in PTMC 12.12.150 shall be deemed sufficiently served as follows:

A. If delivered in person to the owner; or

B. If left at the home of the owner with a person of suitable age and discretion residing therein; or

C. If left with an agent of the owner authorized to collect rentals on such property; or

D. If the owner is not a resident of the state of Washington, by mailing a copy to his or her last known address; or

E. If the owner is unknown or his or her address in unknown, by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.170 Assessment roll showing costs – Notice.

Upon the expiration of the time fixed for completion of the improvements by the abutting owner, if the owner has failed to perform such work, the public works department may proceed to perform the work and the public works director shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of the work and the name of the owner, if known.

The city clerk shall give notice to the owner or owners at least 10 days before the meeting of the city council that the roll has been filed with the city treasurer. Proof of publication of the resolution ordering improvements and the mailing of the notice(s) to abutting property owner(s) shall be filed with the city clerk prior to the hearing on the proposed assessments. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.180 Assessment of abutting property for sidewalk improvements – Hearing.

The council shall at the time designated in the notice, or at an adjourned time or times, hear any and all protests against the proposed assessments, and assess the costs of such work against the property, based to the extent necessary on benefits derived to the property from the improvements, and shall fix the time and manner for payment. This action may be taken by resolution adopted in the usual manner. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.190 Collection of assessments.

The amount of the assessment, including interest, if any, shall become a lien against the described property from the date of the filing of the assessment roll with the city treasurer. The lien shall be collected in the manner as is provided by law for collection of local improvement districts. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.200 Authority to proceed under Chapters 35.43 and 35.68 RCW.

PTMC 12.12.130 through 12.12.190 are adopted pursuant to the authority granted in Chapter 35.69 RCW. As an alternative method of construction, reconstruction, improvement or repair of sidewalks, the city, in its discretion, may follow the procedures required for mandatory assessment set forth in Chapters 35.43 and 35.68 RCW, as now or later amended, which are adopted by reference. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.210 Curb ramps for physically handicapped – Standards and requirements.

A. The standard for construction on any city street, for which curbs in combination with sidewalks, paths, or other pedestrian access ways are to be constructed, shall be not less than two ramps per lineal block on or near the crosswalks at intersections. Such ramps shall be at least 36 inches wide and so constructed as to allow reasonable access to the crosswalk for physically handicapped persons, without uniquely endangering blind persons.

B. Standards set for curb ramping under subsection A of this section shall not apply to any curb existing upon enactment of this section but shall apply to all new curb construction and to all replacement curbs constructed at any point in a block which gives reasonable access to a crosswalk.

C. Every ramp constructed under subsection A of this section, which serves one end of a crosswalk, shall be matched by another ramp at the other end of the crosswalk. However, no ramp shall be required at the other end of the crosswalk if there is no curb nor sidewalk at the other end of the crosswalk, nor shall any matching ramp constructed pursuant to this subsection require a subsequent matching ramp.

D. This section shall be supplemented and ancillary to all other state federal law, including the Americans With Disabilities Act, relating to sidewalk standards for access by the physically handicapped, as those laws currently exist or are later amended. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.220 City participation in voluntary improvements.

A. Voluntary Improvements. The provisions of this chapter shall not apply to individual improvements undertaken voluntarily by an abutting property owner at his/her own expense; provided, that such owner secures necessary permits prior to constructing the improvements and conducts and completes the improvement under the supervision of the public works department.

B. City Discretionary Contribution.

1. Where the property owner desires to remove and replace an existing sidewalk, the city may, in its discretion, participate on a 50-50 basis sharing the cost of removal and replacement, depending on funds available and the ranking of the repair on a priority basis, pursuant to subsection (B)(4) of this section. In general, the repair of existing failed sidewalks shall have priority over a similarly ranked new project.

2. If the property owner desires to participate in the removal and replacement of the poor sidewalk and public works funds are not available to participate on a 50-50 basis, then the public works department may remove the existing sidewalk material, if the owner will install the new sidewalk to city specifications.

3. If a sidewalk repair involves city action ordering the property owner to repair the sidewalk, all costs associated with that work shall be borne by the property owner, in accordance with the provisions of this chapter.

4. Sidewalk Comparison Rating Form. The public works department shall formulate a sidewalk comparison rating form which is to be used whenever it is necessary to rank sidewalks for repair, maintenance, and new construction. This process shall be used as necessary, based upon requests by property owners. The work accomplished during any particular year shall be subject to the available funding from the city council. (Ord. 2578 § 4, 1997; Ord. 2474 § 1, 1995).

12.12.230 Limitation on abutting owner’s obligation under this chapter.

Notwithstanding any other provision in this chapter, an abutting owner shall not be charged with the costs of reconstruction under this chapter if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents, or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the city to enforce its ordinances. Subject to this limitation, the cost of reconstructing or repairing existing sidewalks may devolve upon the abutting property as set forth in this chapter. (Ord. 2578 § 4, 1997).