Chapter 12.25
SIDEWALK
MAINTENANCE AND REPAIR*
Sections:
12.25.020 Notification to city of need.
12.25.030 Investigation and report of street superintendent.
12.25.040 City council determination.
12.25.050 City council enforcement.
12.25.060 Maintenance of sidewalks.
12.25.070 Removal of snow and ice.
12.25.110 Notification of owner when sidewalk unfit.
12.25.140 Violation – Penalty.
*Prior legislation: Ord. 93-005.
12.25.010 Definitions.
For the purpose of this chapter, certain words and terms used in this chapter are defined as set forth in this section:
A. “Maintenance” means 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.
B. “Planting strip” means that portion of the right-of-way between the outside of the curb and the inside of the sidewalk.
C. “Reconstruction” means 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.
D. “Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls and rockeries lying within the right-of-way, and planting strips and transition strips with like materials, each such damaged portion not exceeding 150 square inches in area. Damaged portions exceeding 150 square inches in area shall be classified as reconstruction.
E. “Sidewalk” includes any and all pedestrian structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of a traveled road surface, and the line where the public right-of-way meets the abutting property.
F. “Street” means street, boulevard, lane, avenue, way, alley, square, road, drive, place or public walkway.
G. “Transition strip” means that portion of the right-of-way between the outside of the sidewalk and the abutting property line; or, where no sidewalk exists, that portion of the right-of-way between the outside of the curb and the property line; or where no curb or sidewalk exists, that portion of the right-of-way between the edge of the roadside ditch or the shoulder of the road, whichever is closer to the abutting property line, and the abutting property line. (Ord. 96-004).
12.25.020 Notification to city of need.
Either an abutting property owner or sidewalk user may notify the city in writing on a form provided by the city of a need in his/her opinion to maintain, repair or reconstruct sidewalks. The notification shall include all of the circumstances leading the reporting party to believe that such a state of disrepair exists as to constitute a hazard to reasonably careful sidewalk users and any specific types of corrective action requested of the city. (Ord. 96-004).
12.25.030 Investigation and report of street superintendent.
Within a reasonable time after written notification of a need to maintain, repair or reconstruct a sidewalk is submitted to the city, the superintendent of streets or his designee shall conduct as thorough an investigation of the circumstances as time and available resources permit including pictures of the sidewalk in question and interviews of the notifying party and any other persons knowledgeable about the nature and extent of use normally imposed on the area of the sidewalk in question. When the investigation is completed to his/her satisfaction, the superintendent of streets shall forward a written report of all findings and recommendations to the city clerk for placement upon the next available regular meeting agenda of the city council. (Ord. 96-004).
12.25.040 City council determination.
When the question of need to maintain, repair or reconstruct sidewalks is presented to the city council, the council shall consider the written notification of need, the street superintendent’s report and recommendation, the statements of any persons who may wish to address the subject at the meeting and any other information available to it. After the city council is of the opinion that sufficient information has been provided relative to the need for maintenance, repair or reconstruction, it shall declare whether such a need exists by deciding whether under all the circumstances, as presented and known to the city council, a reasonably cautious man, having the duty to preserve and repair the sidewalks, would consider a particular defect as one where pedestrians exercising ordinary care for their own safety might nevertheless be injured. If the city council determines such is the case, it shall decide to what extent under the circumstances the prioritization of available budgeted city funds allows for immediate maintenance, repair or reconstruction of the sidewalk area in question and determine the extent of improvements, prospective timetable and allocation of expense thereof which are appropriate and, subject to the limitations of RCW 35.69.020(2) and (3) as now exists or as may be hereafter amended, which are properly chargeable to the abutting property owner. (Ord. 96-004).
12.25.050 City council enforcement.
The superintendent of streets shall take any steps prescribed by the city council to implement its decision within a reasonable time, including without limitation negotiation of the terms of any sidewalk maintenance repair or reconstruction agreement to be submitted to the city council for its approval or the initiation, if necessary, of procedures required for mandatory assessments of abutting property pursuant to RCW 35A.47.020 and Chapter 35.68, 35.69 or 35.70 RCW, as now exist or as may be hereafter amended, all of which are incorporated in this chapter by this reference. (Ord. 96-004).
12.25.060 Maintenance of sidewalks.
It shall be the duty of the person having charge or control of any property abutting a sidewalk within the city to keep the walk or walks along the property in the street or streets adjacent thereto in a clean condition. (Ord. 96-004).
12.25.070 Removal of snow and ice.
It shall be the duty of every person having charge or control of any premises located within the city to remove or cause to be removed from the public walks along the side or in front of the premises all snow or ice which may have been formed or been deposited therein within 24 hours after the same has fallen or been formed. (Ord. 96-004).
12.25.080 Planting strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent planting strips in an attractive and safe manner. Planting strips shall be maintained, repaired or reconstructed with an approved material and free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Non-living material shall be level with the top of the curb and the sidewalk and shall be contained within the planting strip so as not to be a hazard to the persons using the sidewalk or street or crossing the strip going to or from a vehicle. Living vegetation exclusive of street trees placed in the planting strip shall be of a height that does not interfere with the lawful and safe use of the public right-of-way and shall be maintained by weeding, spraying, fertilizing, watering and trimming. Approval shall be obtained from the city engineer prior to the installation of materials within the planting strip. (Ord. 96-004).
12.25.090 Transition strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent transition strips in and attractive and safe manner, free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Non-living material shall be contained within the planting strip so as not to be a hazard to the persons using the sidewalk or street. Living vegetation shall be maintained by weeding, spraying, fertilizing, watering and trimming. The abutting property owner shall maintain, repair and reconstruct rockeries and retaining walls within the transition strip. (Ord. 96-004).
12.25.100 Repair of damage.
A. In the event that maintenance, repair or reconstruction of sidewalks, planting strips or transition strips is necessitated as a direct or proximate result of an act or omission of the abutting owner or owners, any damage including the upheaval of the sidewalks by tree roots or other vegetation planted by the owners or their predecessors in interest, or the driving of heavy equipment over and upon them, shall be remedied, or repaired or reconstructed solely at the cost of the abutting owner or owners causing or allowing the damage to occur.
B. In the event that maintenance, repair or reconstruction is made necessary by an act or omission of any third party, either the city or the abutting property owner shall have the right to institute a civil action against the third party for all costs incurred and attendant to such reconstruction and/repair. (Ord. 96-004).
12.25.110 Notification of owner when sidewalk unfit.
Whenever in the judgment of the city council the condition of any sidewalk is such as to render the same unfit or unsafe for the purposes of public travel, the city council shall notify the owner of the property immediately abutting upon said portion of the sidewalk in such manner as the city council shall designate. (Ord. 96-004).
12.25.120 Form of notice.
The notice required in RIMC 12.25.110 shall be addressed to the owner of the property abutting upon the portion of such sidewalk to be cleaned, repaired or renewed, shall specify a reasonable time within which such cleaning, repairing or renewal shall be executed by the owner, and the general character of such improvement (when so ordered by the city council), and shall be sufficient if substantially in the following form:
NOTICE TO (CLEAN, REPAIR OR RENEW) SIDEWALKS
You are hereby notified and instructed to (clean, repair or renew) the sidewalk extending along ______ side of ______ (description), ______ of which property you are the owner, by ______ (give general character of cleaning, repairing or renewal), within ____ days from and after the service of this notice, or in case of your failure so to do the said work will be done by and under the authority of the city of Rock Island, at the expense of said property and the cost and expense thereof charged to you and become a lien upon said property in accordance with Chapter 35.69 of the Revised Code of Washington and Chapter 12.12 of the Municipal Code of the city of Rock Island; and report made to the city council at its regular meeting to be held at the city hall in the city of Rock Island, on the ____ day of ______, 19___ , at the hour of 8:00 p.m. of said day, of an assessment roll, showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such improvement or repair, and the name of the owner, if known, and that thereupon the council will hear any or all protests against the proposed assessment.
By order of the city council.
Dated Rock Island, Washington, ______, 19___ .
/s/______________
When any improvement provided for by this chapter is a renewal of any sidewalk, the time for the execution of the same by a property owner shall not be less than 10 days, which time shall be considered a reasonable time for such renewal. (Ord. 96-004).
12.25.130 Service of notice.
Service of the notice provided for in RIMC 12.25.120 shall be made as follows:
The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent, or by leaving a copy of such 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 the owner of the property be unknown or if his address be unknown, then such notice shall be addressed to the general delivery office of the city wherein the improvement is to be made. (Ord. 96-004).
12.25.140 Violation – Penalty.
Failure of the abutting property owner to maintain, repair or reconstruct adjacent sidewalks, planting strips and transition strips as required by this chapter is declared a public nuisance. Any abutting property owner failing to abate the nuisance within 45 days of notice of the same shall be subject to a fine of up to $250.00 for each offense. The court hearing violations of this chapter may consider each day the abutting owner fails to abate such a nuisance as a separate violation. (Ord. 96-004).