Chapter 12.04
SIDEWALK STRUCTURAL ATTACHMENTS
Sections:
12.04.020 Structural attachment.
12.04.030 Structural attachments on or over sidewalks.
12.04.040 Duty to use proper care and caution.
12.04.050 Duty to repair and maintain.
12.04.080 Permit and approval.
12.04.090 Periodic inspection.
12.04.100 City’s right to remove or repair.
12.04.110 Notice and appeal rights.
12.04.010 Purpose.
The purpose of this chapter is to allow owners of private property abutting public sidewalks in designated zones in the city to erect and maintain storefronts that call for structural attachments to be attached to or to overhang the public sidewalk while meeting Americans with Disabilities Act (ADA) standards. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 1, 1974)
12.04.020 Structural attachment.
“Structural attachment” means any awning, roof, or other extension of a building that projects over and covers the sidewalk, including any posts, piers, foundations, or pillars connected thereto. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 2, 1974)
12.04.030 Structural attachments on or over sidewalks.
Every owner of property abutting the sidewalks of the city in the downtown core district zone has the opportunity to erect and maintain structures over the sidewalks. Such structures may have posts or pillars attached to the sidewalks. The structures must be self-supporting and not dependent upon the attached posts or pillars, if any. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 3, 1974)
12.04.040 Duty to use proper care and caution.
Every owner who erects a structural attachment must use proper care and caution in its construction and maintenance in accordance with all applicable building and safety codes, including ADA design guidelines. A permit from the city is required prior to erection. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 4, 1974)
12.04.050 Duty to repair and maintain.
Structural attachments must be repaired and maintained at the owner’s expense. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 5, 1974)
12.04.060 Removal.
Every owner of property that has a structural attachment as defined herein attached to their building or to the public sidewalk abutting their property has the option to completely and permanently remove the structural attachment at the owner’s expense. A permit from the city may be required prior to removal. If the structural attachment is an encroachment on the city right-of-way, the city reserves the right to remove it at its option and expense with advance notice to the owner. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 6, 1974)
12.04.070 Insurance.
Repealed by Ord. 2024-022. (Ord. 304 § 7, 1974)
12.04.080 Permit and approval.
Construction or alteration of a structural attachment requires a permit from the city, which must be reviewed and approved before commencement of any construction or alteration. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 8, 1974)
12.04.090 Periodic inspection.
Structural attachments are subject to periodic inspection by the city building inspector. If the city determines that a structural attachment is a public nuisance or in any manner endangers the public use of the abutting sidewalk, then the owner must correct the situation upon 60 calendar days’ notice by repairing, replacing, or removing the structural attachment in a manner acceptable to the city. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 9, 1974)
12.04.100 City’s right to remove or repair.
The city reserves the right to repair, replace, or remove a structural attachment if the owner fails to comply with any provision of this chapter. The cost to the city of such repair, replacement, or removal, including engineering expenses, will be charged to the property owner. If the property owner fails or refuses to pay the costs incurred by the city, or in the event the owner cannot be found, the city may file a lien therefor against the property within 90 calendar days. (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 10, 1974)
12.04.110 Notice and appeal rights.
Any notice required by this chapter will be given by mailing a copy of the notice to the owner as shown upon the records of the county treasurer and at the address shown thereon. If no owner and address is shown on such record, a copy of the notice will be posted upon the property, and also published in one issue of the city’s newspaper of record. Proof of such mailing, posting, and publication will be made by affidavit filed with the city clerk. The notice must include a description of the property involved.
Administrative appeals of any city action taken under this chapter must be made in accordance with Chapter 2.10 SMC (Hearing Examiner). (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 11, 1974)
12.04.120 Enforcement.
Enforcement of violations of this chapter will be conducted pursuant to Chapter 1.13 SMC (Code Enforcement). (Ord. 2024-022 § 1 (Exh. A); Ord. 304 § 12, 1974)