Chapter 12.28
STREETS, SIDEWALKS, AND PUBLIC PLACES
Sections:
12.28.020 Repairs—Maintenance—Responsibility.
12.28.030 Notice to repair—Authorized.
12.28.040 Notice to repair—Service.
12.28.050 Procedure to construct or repair.
12.28.060 Enforcement—Failure to improve.
12.28.010 Definitions.
For the purpose of this chapter and unless the context plainly requires otherwise, the following terms shall have the following meanings:
“Abutting property” means all property having a frontage upon the sides or margins of any public right-of-way.
“City” means the city of Sedro-Woolley, a Washington municipal corporation.
“City council” means the city of Sedro-Woolley council acting in its official capacity.
“Curb” means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians.
“Director” means the public works director or designee.
“Maintenance” means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks.
“Occupant” means a person who is occupying, controlling or possessing real property, or their agent or representative.
“Owner” means a person who has legal or equitable title to real property, or their agent or representative.
“Person” means a person, firm, association, partnership, corporation or individual.
“Public right-of-way” means the land owned, dedicated or conveyed to the public or a unit of government, providing for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting property, the location of utility lines, driveways, appurtenances and other facilities benefiting the public.
“Sidewalk” means all hard-surface walkways within public rights-of-way in the area between the street margin and the roadway, including driveways. (Ord. 2064-24 § 2, 2024)
12.28.020 Repairs—Maintenance—Responsibility.
A. Whenever any street, lane, square, place, alley, or other public right-of-way in the city shall have been improved by the construction of a sidewalk or sidewalks, along either or both sides thereof, the duty, burden and expense of cleaning, maintenance, repair and renewal of such sidewalk or sidewalks shall be the responsibility of the owner of the property directly abutting upon that side of the street along which such sidewalk has been constructed. The abutting property owner shall maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects, including but not limited to ice and snow. It is the responsibility of the owner or occupant of private property to remove snow and ice on the sidewalks abutting said property in a timely manner and, if practical, prevent its becoming or remaining in an icy, uneven or slippery condition or in any condition which is potentially hazardous or impassible to users of the public sidewalks. Property owners or occupants shall clean the sidewalk abutting their property of snow or ice within twenty-four hours of initial accumulation and cause the same to be kept clean from snow or ice each day. Snow and ice removed from sidewalks may not be placed upon the public right-of-way.
B. The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or public right-of-way shall fall upon and be borne by the property directly abutting thereon. (Ord. 2064-24 § 2, 2024)
12.28.030 Notice to repair—Authorized.
When the public works director, or their designee, deems the condition of any sidewalk renders the sidewalk unfit or unsafe for public travel, the code enforcement officer shall serve a notice on the owner of the property immediately abutting such portion of the sidewalk of the unfit condition thereof, instructing the owner to clear, repair, or renew the unfit portion of the sidewalk. (Ord. 2064-24 § 2, 2024)
12.28.040 Notice to repair—Service.
The notice provided for shall be 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 of 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. The notice shall specify a reasonable time not less than thirty days within which such cleaning, repairs, or renewal shall be executed by the property owner. (Ord. 2064-24 § 2, 2024)
12.28.050 Procedure to construct or repair.
Any person desiring to self-perform sidewalk repairs shall apply for a right-of-way permit through the city of Sedro-Woolley engineering department. Any person desiring to utilize the city of Sedro-Woolley sidewalk replacement partnership program shall complete a right-of-way permit. All cleaning, clearing, repairs, replacement, or construction of new sidewalks shall be completed in accordance with the current specifications provided in the Sedro-Woolley public works engineering standards. (Ord. 2064-24 § 2, 2024)
12.28.060 Enforcement—Failure to improve.
Every abutting property owner who has been notified as provided in Sections 12.28.020, 12.28.030 and 12.28.040 who shall fail to perform such maintenance, repairs, and or replacement within the specified timeline shall be in violation of this chapter. If such property owner, who has been notified, fails to make the improvements ordered within the time specified in such notice, the public works director shall proceed to complete the improvement. The public works director shall assess the cost of such work against the property owner and the parcel of land immediately abutting that portion of the sidewalk so improved, which charge or assessment shall be a lien upon said property and shall be collected by due process of law in the same manner as are other local improvement assessments by the city clerk. Associated costs shall be recorded on the assessment roll, and said assessment shall constitute a special assessment and lien against the property. (Ord. 2064-24 § 2, 2024)