Chapter 12.04
SIDEWALK REPAIR, RENEWAL AND CLEANING
Sections:
12.04.005 Sidewalk system defined.
12.04.010 Specifications for improvements.
12.04.030 Curb cuts—Approval of city engineer.
12.04.050 Curb cuts—Size and number.
12.04.060 Maintenance of adjacent areas.
12.04.070 Notice—Responsibility of owner.
12.04.090 Assessment roll—Proposed.
12.04.100 Assessment roll—Hearing.
12.04.110 Assessment roll—Cost of improvements.
12.04.005 Sidewalk system defined.
As used in this chapter, the term “sidewalk system” means and includes the flat, hard surface sidewalk, together with all curbing, gutter and drainage facilities necessary to make a complete improvement in accord with city standards. (Ord. 89-36 § 2, 1989)
12.04.010 Specifications for improvements.
All proposals for new subdivisions, including short and long plats, rezones, shoreline permits and site plan approvals shall, as a condition of approval, include the construction and installation of sidewalks, curbs, gutters and drainage. Such improvements shall be constructed and installed according to city specifications prior to the first occupancy permit being issued for the project. When, in the opinion of the city council, increased pedestrian and/or vehicular traffic will be generated by the project, the city council may require off-site installation of sidewalks, curbs, gutters and drainage. (Ord. 83-43 § 1, 1983)
12.04.020 Installation.
A. Whenever, in the judgment of the city council, a sidewalk system is required for pedestrian safety along any existing city street, the city council may, by resolution pursuant to Chapter 35.68 RCW, direct that the sidewalk, together with curbing, gutter and drainage facilities, be constructed and installed within a time frame specified by the city council, with such construction and installation to be done by the owners of property abutting the improvement at the owner’s cost and expense, or may cause the improvements to be constructed and installed and assess all or any portion of the cost thereof against abutting property owners.
B. When property owners are required to construct the improvements, physical location and grade of the sidewalk system shall be specified by the city engineer at no cost to the property owners, unless otherwise specifically agreed prior to construction of the improvements.
C. This section is intended to apply to streets and developments existing at the time sidewalk system installation is required. Installation of sidewalks in conjunction with new development shall be governed by Section 12.04.010. (Ord. 89-36 § 2, 1989: Ord. 83-43 § 2, 1983)
12.04.030 Curb cuts—Approval of city engineer.
No person shall begin work on the construction, alteration, repair or removal of any driveway or the paving of any parking strip on or adjacent to any street, alley or other public place in the city, without first obtaining approval of the city engineer. All construction, alteration, repairs or removal of driveways shall be accomplished in accordance with city specifications. (Ord. 83-43 § 3(A), 1983)
12.04.040 Curb cuts—Location.
A. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements.
B. Unless otherwise approved by the city engineer, all driveways including the returns shall be confined within lines perpendicular to the curbline and passing through the property corners, except no driveway curb cut shall be closer than thirty feet from an intersecting street corner unless, due to property configuration, a special waiver in writing is granted by the city engineer.
C. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device or fire hydrant. The cost of relocating any such street structure when necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be allowed only on approval of the person owning the structure involved.
D. On private property every driveway must provide access to parking structures or access specifically designated for parking or purposes requiring the entrance of vehicles. (Ord. 83-43 § 3(B), 1983)
12.04.050 Curb cuts—Size and number.
A. Except as otherwise provided, the width of any residential driveway shall not exceed twenty feet, exclusive of the radii of the returns. (The measurement being made parallel to the centerline of the street.) The maximum width for any commercial driveway is thirty feet. The city engineer may authorize additional driveways for ingress and egress necessary for off-street parking and safe entrance or exit to a city street.
B. The width of any driveway shall not be less than ten feet, exclusive of the radii of the returns, the measurement being made perpendicular to the centerline of the driveway.
C. The total width of all driveways for any one ownership on a street shall not exceed fifty percent of the frontage of that ownership along the street. Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway curb cut with a standard curb to be constructed according to the city’s specifications.
D. There shall not be more than two driveways on one street for any one ownership, except where a single ownership is developed into more than one unit of operation, each insufficient in itself to meet the requirements of off-street parking and loading and where the necessity for separate access to the street is evident. In such cases there shall be not more than two driveways on the street for any one unit of operation. (Ord. 83-43 § 3(C), 1983)
12.04.060 Maintenance of adjacent areas.
The owner of property adjacent to a street shall maintain the sidewalk system and planting strip as follows:
A. Sidewalks and Curbs. The owner shall maintain existing hard surface sidewalks by keeping them free of litter, debris, ice and snow, tree and shrub overgrowth, and by repairing defects in the surface with materials approved by the public works director.
B. Planting Strip. The owner shall maintain any portion of the city right-of-way between the edge of the street and/or right-of-way and the property line. Maintenance includes keeping free of litter and debris, watering and trimming vegetation, repairing rockeries or retaining walls, and other work necessary to protect the public. (Ord. 2005-17 § 1 (part), 2005; Ord. 89-36 § 3, 1989: Ord. 83-43 § 4, 1983)
12.04.070 Notice—Responsibility of owner.
A. Whenever, in the judgment of the city council, the condition of any sidewalk or curb or any portion thereof in the city is such as to render it unfit or unsafe for purposes of public travel, or require clearing, cleaning, repair or renewal, or new sidewalk installation, the city council is authorized, empowered and directed to serve upon the owner of the property immediately abutting upon the sidewalk or curb, a notice advising the owner of the condition thereof and instructing him to clear, clean, repair, renew it or install a new sidewalk or curb.
B. The notice provided for in subsection A of this section shall specify a reasonable time, to be stated therein, within which the clearing, cleaning, repair, renewal or new installation shall be done, and shall state that in case the owner fails to accomplish the installation within the time specified, the city will clear or clean the sidewalk or curb, make such repairs, renewals or install new sidewalk or curb as deemed necessary by the city council. (Ord. 89-36 § 4, 1989: Ord. 83-43 § 5 (part), 1983)
12.04.080 Notice—Service.
The notice provided for in Section 12.04.070 shall be served by delivering it in person to the owner of the property or his authorized agent, or by leaving a copy of the notice at the home of the owner or authorized agent; or, if the owner is a nonresident, by mailing a copy to his last known address; or, if his address is unknown, the notice shall be mailed in the U.S. Post Office, addressed to the owner in care of general delivery. (Ord. 83-43 § 6, 1983)
12.04.090 Assessment roll—Proposed.
At its next regular meeting or as soon thereafter as possible, the date to be definitely stated, the city council shall consider an assessment roll prepared by the city engineer, and at such meeting the city council will hear any or all protests against the proposed assessment. (Ord. 83-43 § 5 (part), 1983)
12.04.100 Assessment roll—Hearing.
At the time designated in the notice provided for in Section 12.04.070, or a time to which the hearing upon the roll may be adjourned, the city council, by ordinance, shall modify or confirm the assessment roll and shall assess the cost of the improvement against the abutting property in accordance with the benefits derived therefrom, which assessment shall become a lien upon the property and shall be collected in the manner provided by law or ordinance. (Ord. 83-43 § 8, 1983)
12.04.110 Assessment roll—Cost of improvements.
In case any property owner fails or neglects to clear, clean, repair or renew the sidewalk or curb, or any portion thereof, or install new sidewalk or curb in accordance with the requirements of the notice provided for in Section 12.04.070, the city council shall cause the sidewalk or curb to be cleared, cleaned, repaired, renewed, or new sidewalk or curb to be installed, and thereupon shall prepare an assessment roll showing the lot or parcel of land immediately abutting upon the portion of the sidewalk or curb so improved, the cost of the improvement or repair and the name of the owner. (Ord. 89-36 § 5, 1989: Ord. 83-43 § 7, 1983)