Chapter 12.08
SIDEWALK CONSTRUCTION, MAINTENANCE, AND REPAIR
Sections:
12.08.010 Purpose – Authority.
12.08.020 Council resolution may be required.
12.08.030 Plans and specifications – Permits – Performance bond.
12.08.040 Sidewalks to be constructed prior to acceptance.
12.08.060 Responsibilities and duties of abutting property owner – Exceptions.
12.08.070 Enforcement – Appeals.
12.08.010 Purpose – Authority.
The purpose of this chapter is to regulate the construction, maintenance, and repair of sidewalks within the city limits of Sequim in accordance with RCW 35A.47.020, incorporating Chapter 35.68 RCW and related statutes.
Chapter 35.68 RCW authorizes the city to construct, reconstruct, and repair sidewalks within the city limits, or to require abutting property owners to do so at their own expense. (Ord. 2024-023 § 1 (Exh. A); Ord. 2005-019; Ord. 279 § 1, 1973)
12.08.020 Council resolution may be required.
A. If sidewalk construction or reconstruction is sought pursuant to Chapter 35.68 RCW instead of as a condition of a land use development permit, a resolution adopted by the city council after a formally noticed public hearing is required. The abutting property owner must receive notice of the hearing by mail at least 10 calendar days in advance, and proof of their timely receipt must be filed with the city clerk before the hearing.
B. The resolution presented for approval by council must state whether the cost will be borne by the city or the abutting property owner or will be shared. Under RCW 35.69.020, no property owner can be charged more than 50 percent of the property value, minus improvements, for sidewalk construction or reconstruction. The owner also cannot be charged if the city caused the deterioration or damage directly or through failure to enforce its ordinances.
C. If the cost will be borne by the property owner, the resolution must specify the time within which the construction will be commenced and completed.
D. The resolution must also inform the property owner that if the owner fails to comply with the resolution, the city will complete the improvement and assess the cost against the owner. (Ord. 2024-023 § 1 (Exh. A); Ord. 2009-037 § 2; Ord. 2005-019; Ord. 279 § 2, 1973)
12.08.030 Plans and specifications – Permits – Performance bond.
No sidewalk within the city right-of-way may be constructed, altered, or repaired by any person without a written permit first being obtained from the city. When requested by the city, the permit application must be accompanied by bonds meeting city requirements (Chapter 3.78 SMC). (Ord. 2024-023 § 1 (Exh. A); Ord. 2021-021 § 1 (Exh. B); Ord. 2005-019; Ord. 279 § 4, 1973)
12.08.040 Sidewalks to be constructed prior to acceptance.
Sidewalks must be constructed or bonded for in accordance with Chapter 3.78 SMC prior to approval and acceptance. (Ord. 2024-023 § 1 (Exh. A); Ord. 2005-019; Ord. 279 § 5, 1973)
12.08.050 Minimum standards.
All sidewalks must conform to the city of Sequim engineering standards. (Ord. 2024-023 § 1 (Exh. A); Ord. 2006-019 § 1; Ord. 2005-019; Ord. 279 § 7, 1973. Formerly 12.08.060)
12.08.060 Responsibilities and duties of abutting property owner – Exceptions.
A. Owners of property that abuts a public sidewalk are responsible for clearing, repairing, and renewing the abutting portion of the sidewalk so that it is a fit and safe means of public travel. This includes arranging for the work, ensuring any necessary permits are acquired, and paying the costs for repair or maintenance.
B. Owners of property abutting any public sidewalk are responsible for clearing and removing all weeds, brush, vegetation, snow, or ice that accumulates on the portion of the sidewalk that abuts their property.
C. Owners of property abutting any public sidewalk whose trees or shrubs or their branches or roots impede or damage the sidewalk are responsible for correcting the condition. RCW 35.21.310.
D. Pursuant to RCW 35.69.020, abutting property owners are not responsible for deterioration of or damage to a public sidewalk that was caused by the failure of the city to enforce its ordinances.
E. Nothing in this chapter is intended to impose liability on an abutting property owner for injuries caused by sidewalk conditions. (Ord. 2024-023 § 1 (Exh. A))
12.08.070 Enforcement – Appeals.
Enforcement actions and penalties applicable to this chapter are as set forth in Chapter 1.13 SMC (Code Enforcement) or any other remedy available to the city at law or in equity.
Appeals of city actions taken under this code chapter may be directed to the hearing examiner pursuant to Chapter 2.10 SMC. (Ord. 2024-023 § 1 (Exh. A); Ord. 2005-019; Ord. 279 § 11, 1973. Formerly 12.08.100)