Chapter 12.05
SIDEWALK MAINTENANCE
AND CONSTRUCTION
Sections:
12.05.020 Abutting property owner to maintain sidewalk in safe condition.
12.05.040 Procedure to order construction or repair.
12.05.010 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.
“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.
“City” means the city of Shoreline, a Washington municipal corporation.
“City council” means the city of Shoreline council acting in its official capacity.
“Director” means the city manager 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.
“Street” means any street, road, boulevard, avenue, alley, lane, way or place, or any portion thereof. [Ord. 51 § 1, 1995]
12.05.020 Abutting property owner to maintain sidewalk in safe condition.
A. It shall be the responsibility of the owner of property abutting upon a public sidewalk to 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.
B. Expense of Maintenance and Repair To Be Borne by Abutting Property Owner Thereof. The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or other public place shall fall upon and be borne by the property directly abutting thereon. [Ord. 51 §§ 2, 3, 1995]
12.05.030 Notification.
A. It shall be the duty of an owner or occupier of property abutting a public sidewalk to notify in writing the city manager or designee of any unsafe condition on a public sidewalk abutting the owner’s or occupier’s property. Such notice shall set forth the nature and location of the unsafe condition and a statement that the unsafe condition was not created by, caused by or contributed to by the abutting owner or occupier of said abutting property. Such notice shall be mailed to the city manager within 48 hours of discovery of the unsafe condition.
B. The resolution of the city council as prescribed in SMC 12.05.050 shall not be passed until the property owner has been given at least 10 days’ notice of the pendency of the proposed resolution; such notice shall be given by the employee, agent or unit designated in such resolution by mailing a copy of the notice to the owner as such owner’s name appears upon the records of the county assessor and at the address shown thereon, or if no owner or address is shown upon such records, a copy of the notice shall be posted upon the property and also shall be published in one issue of the official newspaper of the city. The mailing, posting and publication shall be made at least 10 days before the date of adoption of said resolution and proof thereof shall be made by the officer giving notice by affidavit filed with the city clerk. The notice shall describe the property involved, the nature of the hazardous condition constituting the nuisance and require the owner to make repairs and state that in the event of the owner’s failure to do so, the city will cause the correction of such nuisance and that the cost thereof shall be borne by the owner of the property and become a lien against the property. [Ord. 51 § 5, 1995]
12.05.040 Procedure to order construction or repair.
A. If in the judgment of the city manager or designee public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, such fact shall be reported to the city council.
B. If upon receiving a report from the proper officer the city council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public health, safety or welfare, the city council may then order such work to be done pursuant to the procedures established therefor in Chapter 35.68 RCW relating to local improvement districts for sidewalks, curbs and gutters; or in the alternative, where the council deems the method appropriate, the council may require such work to be done pursuant to ordinances of the city relating to public improvements required to be done in connection with certain land use and construction permits. In either case, the cost of such proposed sidewalk construction or sidewalk repair shall be borne by the abutting property or the owners thereof, to the extent deemed reasonable and appropriate by the city council in accordance with the procedures of either Chapter 35.68 RCW or other ordinances of this city. [Ord. 51 § 6, 1995]
12.05.050 Enforcement.
Members of the police, street and/or development services group shall enforce this chapter and, if any property owners fail or refuse to abate any such nuisance as defined herein, the city council may, after report filed therewith by an enforcing officer, by resolution requiring such property owner, in addition or an alternative to the penalties prescribed under Chapter 35.68 RCW, to abate the nuisance by removal, trimming or destruction at such owner’s cost and expense within a time specified in the resolution, and, if the removal, trimming or destruction is not made by said owner within the time specified, the city officer, agent or unit specified in said resolution may abate the same as provided in Chapter 35.68 RCW. [Ord. 51 § 4, 1995]