Chapter 12.08
SIDEWALK CONSTRUCTION*
Sections:
12.08.030 Responsibility and duty to repair, maintain and reconstruct sidewalk.
12.08.040 Responsibility and duty to maintain, repair and reconstruct planting strips.
12.08.050 Responsibility and duty to maintain, repair and reconstruct transition strips.
12.08.070 Council resolution for sidewalk construction authorized.
12.08.080 Contents of notice to construct—Time limit for compliance.
12.08.100 Making and publishing assessment roll.
12.08.110 Collecting assessments.
12.08.120 Construction of chapter.
12.08.130 Enforcement responsibility.
* Prior ordinance history: Prior code sections 12.16.010 through 12.16.070.
12.08.010 Purpose.
This chapter is enacted in order to enable the city to exercise the powers and authority granted by Chapter 203, Laws of Washington, 1927 (RCW Chapters 35.68 and 35.69), and to provide for the application and enforcement of said act in the city. (Ord. 1236 § 1 (part), 1988)
12.08.020 Definitions.
For the purpose of this chapter, certain words and terms used herein are defined as set forth below:
A. “City standards” means those standards which are adopted as a part of Resolution No. 384 of the city of Shelton.
B. “Concrete curbs and gutters” means that portion of the edge of the roadway constructed to city standards with the curb six inches in height and the gutters varying from twelve inches to eighteen inches in width.
C. “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 rival of ice and snow from sidewalks.
D. “Planting strip” means that portion of the right-of-way between the outside of the curb and inside of the sidewalk.
E. “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.
F. “Repair” means the removal and/or patching of small damaged portions of sidewalks, retaining walls or rockeries lying within the right-of-way, and planting strips and transition strips with like materials, each such damaged portions not exceeding one hundred fifty square inches in area. Damaged portions exceeding one hundred fifty square inches in area shall be classified as reconstruction.
G. “Sidewalk” means all hard-surface walkways constructed to city standards within city right-of-way and does not include curbs or gutters.
H. “Street” means street, boulevard, lane, avenue, way, alley, square, road drive, place or public walkway.
I. “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. 1236 § 1 (part), 1988)
12.08.030 Responsibility and duty to repair, maintain and reconstruct sidewalk.
It shall be the responsibility and duty of the abutting property owner to maintain, repair, and reconstruct sidewalks adjacent thereto. (Ord. 1236 § 1 (part), 1988)
12.08.040 Responsibility and duty to maintain, repair and reconstruct 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; provided, however, the city of Shelton shall repair, maintain and reconstruct planting strips in those areas designated to be done so by the director of planning. 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. Nonliving material shall be level with the top of the curb and 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 said 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. 1311-191 § 1 (part), 1991; Ord. 1236 § 1 (part), 1988)
12.08.050 Responsibility and duty to maintain, repair and reconstruct transition strips.
It shall be the responsibility and duty of the abutting property owner to maintain, repair and reconstruct adjacent transition strips in an attractive and safe manner, free of vegetation which tends to impair the utilization of the right-of-way for public purposes. Nonliving material shall be contained within the transition strip so as not to be a hazard to the persons using the sidewalk or street. Living vegetation placed in the transition strip 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; provided, however, the city of Shelton shall repair, maintain and reconstruct transition strips in those areas designated to be done so by the director of planning. (Ord. 1311-191 § 1 (part), 1991; Ord. 1236 § 1 (part), 1988)
12.08.060 Procedures and methods for maintenance, repair and/or reconstruction—Apportionment of costs.
A. When in the course of normal city operations and upon investigation by the planning department there are found to be sidewalks, planting strips or transition strips in need of maintenance, repair or reconstruction, said department shall mail a notice together with a cost estimate for said work to the abutting property owner and person residing on the abutting property. The notice shall be deemed received three days after mailing. The notice shall advise said persons that they shall complete arrangements to accomplish the work indicated within forty-five days of receipt of the notice or the city may cause said work to be accomplished and all or a portion of said costs to be charged against said persons and said property in accordance with the procedures set forth in RCW Chapter 35.68.
B. With respect to reconstruction of sidewalks, the city shall participate in the cost of said reconstruction on the following basis:
1. Sidewalks requiring reconstruction within five years from the date of acceptance of completion of said construction work by the city of Shelton shall be reconstructed on the basis of one hundred percent contribution by the city.
2. Sidewalks in need of reconstruction more than five years after the acceptance of said construction by the city shall be reconstructed solely at the cost of the abutting property owners benefitted thereby.
Provided, however, in the event that the reconstruction referred to in any of the subdivisions hereinabove is necessitated as a direct or proximate result of an act or omission of the abutting owner or owners, said acts including the upheaval of said sidewalks by tree roots or other vegetation Planted by said owners or their predecessors in interest, or the driving, of heavy equipment over and upon said sidewalk shall be repaired or reconstructed in the manner provided in this section solely at the cost of the abutting owner or owners benefitted thereby.
C. In the event any such reconstruction or repair is made necessary by an act or omission of any third party, the city shall have the right to institute a civil action against said third party for all costs incurred and attendant to such reconstruction and/or repair. (Ord. 1311-191 § 1 (part), 1991; Ord. 1236 § 1 (part), 1988)
12.08.070 Council resolution for sidewalk construction authorized.
Whenever the city council is officially informed and upon investigation learns that public convenience or safety requires the construction of new sidewalks upon any of the streets or portions of the streets in the city of Shelton, and the city council does not desire that the sidewalks be constructed under the local improvement district plan, the council shall by resolution order such sidewalks constructed, and shall cause a notice in writing be served upon the owner of each lot, block or parcel of land immediately abutting on such portion or side of such street or public place where the sidewalk is to be constructed requiring the owner to construct such sidewalk in accordance with such resolution. (Ord. 1921-0518 (part), 2018; Ord. 1236 § 1 (part), 1988)
12.08.080 Contents of notice to construct—Time limit for compliance.
The resolution and notice provided for in Section 12.08.070 shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where said sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required, the size and dimensions of the same, the method and material to be used in construction, and shall contain an estimate of the cost thereof, and the notice shall further state that unless the sidewalk be constructed in compliance with the notice and within sixty days after the service of the same, said sidewalk will be constructed by the city and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 1236 § 1 (part), 1988)
12.08.090 Service of notice.
The notice provided for in Section 12.08.080 shall be deemed served if delivered to the owner or reputed owner of each lot, tract or block of land affected, or to the authorized agent of such owner, or if a copy thereof be left at the usual abode of such owner in the city with a person of suitable age and discretion residing therein, or in case such owner is a nonresident of the city and his place of residence is known, a copy of such notice shall be mailed to such owner addressed to his last known place of residence, or in case the residence of such person is unknown or if the owner of any lot, block or parcel of land is unknown, then such notice shall be served by publication in two weekly issues in the official newspaper of the city of Shelton. Such notice shall specify a reasonable time within which the sidewalk shall be constructed, which in case of publication of the notice shall not be less than sixty days from the first publication of said notice. (Ord. 1236 § 1 (part), 1988)
12.08.100 Making and publishing assessment roll.
In case the sidewalk is not constructed in accordance with the notice provided for in Section 12.08.090 within the time specified in said notice, the official or department having the care and superintendence of streets and public places in the city of Shelton, shall proceed to construct such sidewalk forthwith and shall report to the city council at its next regular meeting or as soon thereafter as is practicable, an assessment roll showing each lot, block or parcel of land immediately abutting upon said sidewalk, the name of the owner thereof, if known, and thereupon apportion the cost of said improvement, to be assessed against each such lot, block or parcel of land, and the council shall thereupon set a date for hearing any protests against said proposed assessment roll, and shall cause notice of the time and place of said hearing to be published for two successive weeks in the official newspaper of the city of Shelton; the date of said hearing shall be not less than thirty days from the date of the first publication of said notice. (Ord. 1921-0518 (part), 2018; Ord. 1236 § 1 (part), 1988)
12.08.110 Collecting assessments.
The city council shall at the time of said hearing or any adjournment thereof by ordinance, assess the cost of said sidewalk against the property immediately abutting thereon in accordance with the benefits thereto, and such assessments shall become a lien upon the respective lots, blocks, or parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the improvement of the said assessment thereon. (Ord. 1921-0518 (part), 2018; Ord. 1236 § 1 (part), 1988)
12.08.120 Construction of chapter.
This chapter shall not be construed as repealing or amending any ordinance relating to the improvement of streets or public places by special assessments, but shall be considered as additional legislation and auxiliary thereto. (Ord. 1236 § 1 (part), 1988)
12.08.130 Enforcement responsibility.
The director of planning shall be responsible and charged with the enforcement of this chapter. (Ord. 1311-191 § 1 (part), 1991; Ord. 1236 § 1 (part), 1988)
12.08.140 Penalties.
Any person who shall violate or fail to comply with any of the provisions of this chapter or any regulations adopted pursuant hereto shall be guilty of a civil penalty and punished by a fine of not more than one thousand dollars for the first such offense. On a second subsequent offense, any person shall be guilty of a civil penalty and fined not more than two thousand dollars. On a third and subsequent offense a person shall be guilty of a misdemeanor and fined up to one thousand dollars and/or ninety days in jail. Each day shall constitute a separate offense. (Ord. 1236 § 1 (part), 1988)