CHAPTER 8
SIDEWALK MAINTENANCE AND CONSTRUCTION
SECTION:
9-8-1: Definitions
9-8-2: Abutting Property Owner’s Responsibility
9-8-3: Expense Of Construction, Repair And Maintenance
9-8-4: Procedure To Order Construction Or Repair
9-8-5: Hazardous Conditions Of Sidewalk
9-8-6: Indemnification
9-8-1 DEFINITIONS:
A. Abutting Property Owner: The owner, or person in charge, of real property having frontage on the margin of any street, public place, or where sidewalk exists or is required to exist.
B. Administrator: For the purposes of this Chapter, the Administrator of the Public Works Department, or designee, unless otherwise stated.
C. Sidewalk: All structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way meets the abutting property.
D. Sidewalk Improvement: Any construction, reconstruction, or repair made to a sidewalk.
E. Sidewalk Maintenance: The removal and disposal of debris, litter and vegetation which tends to impair the utilization of the right-of-way for public purposes and the removal of ice and snow from sidewalks.
F. Sidewalk Reconstruction: The removal and disposal of broken, cracked, raised or sunken portions of the sidewalk, or broken, cracked or dislodged portions of retaining walls and rockeries lying within the right-of-way, and replacement of the removed sections with materials to match the portion on either side of the removed section in accordance with City standards.
G. Sidewalk Repair: The removal, replacement, and/or grinding and patching of small damaged portions of sidewalks, retaining walls or rockeries lying within the right-of-way with like materials. Repair of damaged portions exceeding ten (10) linear feet shall be classified as reconstruction. (Ord. 5809, 7-11-16)
9-8-2 ABUTTING PROPERTY OWNER’S RESPONSIBILITY:
It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or hazardous conditions, including but not limited to ice, snow, vegetation, loose dirt, rocks and debris. (Ord. 5809, 7-11-16)
9-8-3 EXPENSE OF CONSTRUCTION, REPAIR AND MAINTENANCE:
A. Responsible Party: The burden and expense of maintaining sidewalks shall devolve upon and be borne by the owner of the property directly abutting the sidewalk; the property owner shall be responsible only for the sidewalk abutting his or her property. The abutting property owner shall be responsible for performing and paying for sidewalk construction and repairs, unless such improvements are part of a program approved and funded by the City Council. The abutting property owner shall be responsible for performing and paying for sidewalk reconstruction upon a written finding adopted via resolution that a current or past owner caused the hazardous condition(s) defined by Section 9-8-5, Hazardous Conditions of Sidewalk. An abutting property owner shall not be charged with the costs of reconstruction if the reconstruction is required to correct deterioration 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. The abutting property owner shall be liable for the costs of repair, to the extent permitted by Chapter 35.68 RCW.
B. Sidewalk Barriers: When the sidewalk is located more than two feet (2') above or below the abutting property, or if the slope of the property immediately adjacent to the sidewalk exceeds a one-to-one (1:1) ratio, the erection and/or maintenance of suitable barriers along the outer margin of the sidewalk shall be the responsibility of the owner of the directly abutting property. If the difference in elevation is the result of a change in street grade occasioned by any city, county or state roadway construction, reconstruction, or improvement project, then in that event said barrier shall be erected or installed as a part of such project and the cost thereof shall be included in the project. The subsequent maintenance, cleaning, repair and renewal of said barrier shall be the responsibility of the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper right-of-way construction permit therefor, as required by law, and all of such work to be duly inspected and approved by the Administrator. (Ord. 5809, 7-11-16)
9-8-4 PROCEDURE TO ORDER CONSTRUCTION OR REPAIR:
A. Sidewalk Repair: Sidewalk repair may be performed by the Maintenance Services Division through the Sidewalk Rehabilitation and Replacement Program on an as-needed basis to improve pedestrian safety and remove tripping hazards. Temporary repairs such as grinding or installing asphalt patches may be used. Work conducted under the Sidewalk Rehabilitation and Replacement Program is performed at the discretion of the Administrator until budgeted resources are depleted, and does not require a biennial report to the City Council or City Council resolution.
B. Biennial Report to Council: If, in the judgment of the Administrator, public convenience or safety requires that a sidewalk be constructed, reconstructed, or repaired, such determination shall be reported to the City Council on a biennial basis in conjunction with a proposed resolution. The resolution shall specify the location(s) and length(s) of sidewalk to be constructed, reconstructed, or repaired based upon the Administrator’s assessment of documented hazardous sidewalk, the severity of those hazardous conditions, the cost of making improvements, and available budgeted funds.
C. Cost of Improvements: If upon receiving a report from the Administrator, the City Council, in its discretion, deems the construction, reconstruction, or repair of such sidewalk necessary for public convenience or safety, the City Council may then order such work to be performed. The City may participate in the cost of engineering, when required, removal of vegetation, placing topsoil, bankrun gravel, drains, or other materials. In the case of corner lots, the City may pay the full cost of the sidewalk aprons and the curb around the radius from back of walk to back of walk. The City may also pay the full cost of replacing defective alley crossings. The City may construct, reconstruct or repair sidewalks and pay the costs thereof from any available budgeted funds in such amounts as the City Council, in its discretion, may determine, or the City may require the abutting property owner to construct the sidewalk improvement at his or her own cost or expense; alternatively, the City may assess all or any portion thereof against the abutting property owner in accordance with Chapter 35.68 RCW. In the event the City requests an abutting property owner to undertake or pay for the improvement, it shall follow the procedures for resolution, notice and hearing on such improvements as outlined in Chapter 35.68 RCW. The Administrator is authorized to enter into agreements with owners of abutting property for the repair of any sidewalk or curb determined defective or hazardous as herein defined. The agreements shall define the extent of costs involved and the amount, if any, to be contributed by the City and the property owner.
D. Citizen Requests: Any person requesting the City to construct, reconstruct, or repair sidewalk shall make requests in writing to the Maintenance Services Division of the Public Works Department. Such requests shall accurately identify the abutting property, those portions of the right-of-way sought to be improved, and photographic documentation of the conditions if requested by the City. On a biennial basis the Administrator shall prepare a report that assesses requests submitted during the previous two (2) years, make a determination of improvements necessary or convenient for the public health, safety or welfare, and determine the priority among other sidewalk improvement requests and City projects with respect to the conditions of the sidewalk, estimated cost of improvements, available City resources, and other factors promulgated by the Administrator or City Council.
E. Sidewalk Construction by Property Owner: Any person desiring to construct, reconstruct, repair, alter or relocate any sidewalk abutting their property shall submit a complete application in writing to the Development Services Division of the Department of Community and Economic Development. No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit.
F. Sidewalk Standards: Sidewalks shall be designed and constructed to conform with existing City standards. The Community and Economic Development Administrator may approve deviations from existing sidewalk standards through a Modifications Permit. (Ord. 5809, 7-11-16)
9-8-5 HAZARDOUS CONDITIONS OF SIDEWALK:
It shall be a code violation for the owner of any property abutting upon any public street right-of-way or alley in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way any condition, structure, or object dangerous or hazardous to members of the general public, including but not limited to the following conditions:
A. Defective sidewalk surfaces, including but not limited to broken or cracked cement concrete, upheaved, elevated, or depressed cement concrete within or between sidewalk joints;
B. Defective cement concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including elevations or depressions at said junction;
C. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way;
D. Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over such public sidewalks or rights-of-way or tree roots extending under such public sidewalks or rights-of-way and damaging the sidewalk;
E. Defective conditions between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
F. Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
G. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, dirt, vegetation, leaves, grease, moss, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble, or slip by reason of the existence of such foreign matter;
H. Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area; and
I. Any defect or obstruction that is likely to cause injury to a reasonable person exercising due care for their own safety or wellbeing. (Ord. 5809, 7-11-16)
9-8-6 INDEMNIFICATION:
A. Notification of Hazardous Conditions on Sidewalk: In order to protect the public, owners of property abutting a sidewalk are obligated to report, in writing, any hazardous conditions, as described by subsection 9-8-5, Hazardous Conditions of Sidewalk, of that portion of the sidewalk to the Maintenance Services Division of the Public Works Department.
B. Property Owner Liable: In the event of any injury or damage to any persons and/or property proximately caused by a defective, dangerous or hazardous sidewalk condition as specified in this Chapter, the City shall:
1. Notify all record owners of property abutting the hazardous sidewalk condition(s) of any claim for injury within sixty (60) days of receipt of such claim. Such notification shall advise the abutting owner of the nature of the claim, and shall provide a copy of the notice of claim filed by the claimant, and offer the property owner an opportunity to defend, adjust, or pay the claim; and
2. Notify the abutting property owner more than thirty (30) days prior to trial or arbitration, or more than fourteen (14) days prior to payment of any claim for damages, of the pendency of trial, arbitration, or payment. Such notification shall advise the property owner of the right to attend and participate in such trial or arbitration, and the right to prevent the City from making payment to an injured person by agreeing, in writing, fourteen (14) days in advance of trial or arbitration, or three (3) days in advance of the date of payment, to assume the entire defense of the claim.
C. Indemnification: If the City makes payment, by reason of judgment or settlement, for any claim for damages proximately caused by a hazardous sidewalk condition, the City has the right to indemnification by and from any abutting property owner who had actual knowledge of the condition constituting the hazard, if:
1. The abutting property owner failed to notify the Maintenance Services Division of the Public Works Department, as provided herein, of the hazardous sidewalk condition prior to the injury for which a claim is made; and
2. Such failure to notify proximately caused the injuries claimed; and
3. The City did not cause the hazard, create the hazard, or have actual knowledge of the hazard. (Ord. 5809, 7-11-16)