Chapter 8.24
STREETS, SIDEWALKS AND VACANT LOTS*
Sections:
8.24.010 Sidewalks – Property owners to keep clean.
8.24.020 Penalty for failure to keep sidewalks clean.
8.24.030 Sidewalks – City authorized to clean at property owner’s expense.
8.24.040 Placing dirt from sidewalks into street prohibited.
8.24.050 Vacant lots – Depositing refuse prohibited – Penalty for violation.
8.24.060 Notification to remove debris – Penalty for noncompliance.
8.24.070 Preventing unsanitary conditions required by property owners and residents.
8.24.080 Vacant lots – City authorized to clean at owner’s expense.
8.24.090 Sidewalk guard or rail – Required.
8.24.100 Sidewalk guard or rail – Responsibility of property owner or resident to construct.
8.24.110 Sidewalk guard or rail – City authorized to construct at property owner’s expense.
8.24.120 Removal of hazardous vegetation required.
8.24.130 Removal of vegetation or debris causing fire hazard.
8.24.140 City to remove hazardous vegetation or debris at owner’s expense.
8.24.150 Procedure for action by city.
* For statutory provisions on municipal powers over streets, see RCW 35.24.290(3) and (4).
8.24.010 Sidewalks – Property owners to keep clean.
Every resident and owner of property in the city is required to keep sidewalks and walks, running parallel to streets in the city, free from snow, ice, debris, and any other foreign matter. (Ord. 171 § 1, 1950).
8.24.020 Penalty for failure to keep sidewalks clean.
Any resident on or owner of real property in the city who fails to keep the adjoining sidewalks free and clear of snow, ice, debris, foreign matter, or any unsafe condition, or who fails to remove any snow, ice, debris, foreign matter, or who fails to immediately correct any hazardous condition on the adjoining sidewalks shall be guilty of a civil infraction and shall be subject to a penalty as authorized by SLMC 1.10.030, category C-17, per violation. (Ord. 1329 § 2, 2022; Ord. 532 § 2, 1978; Ord. 193 § 1, 1950; Ord. 171 § 2, 1950).
8.24.030 Sidewalks – City authorized to clean at property owner’s expense.
If the resident or owner of property in the city fails to keep the sidewalks clear of ice, snow, debris, or any other foreign matter, the city at its option may hire persons to clean the sidewalks and any expense or charge for performing this work shall be charged to the owner or resident of the property, which charge is payable at the time the next water bill is due or if no water charge is made, within 30 days. All delinquent charges shall bear interest at the rate of eight percent, and shall be a lien against the property. (Ord. 171 § 3, 1950).
8.24.040 Placing dirt from sidewalks into street prohibited.
No one in the city shall be allowed to place dirt from buildings or sidewalks into gutters or streets. Anyone violating this section shall be guilty of a misdemeanor and liable for the penalty provided for in Chapter 1.10 SLMC. (Ord. 532 § 2, 1978; Ord. 171 § 4, 1950).
8.24.050 Vacant lots – Depositing refuse prohibited – Penalty for violation.
Any person who deposits refuse, debris, or foreign matter of any type upon any vacant lot in the city, other than for the purpose of burning such matter as provided by law, shall be guilty of a civil infraction and shall be subject to a penalty as authorized by SLMC 1.10.030, category C-17, per violation. (Ord. 1329 § 2, 2022; Ord. 532 § 2, 1978; Ord. 171 § 5, 1950).
8.24.060 Notification to remove debris – Penalty for noncompliance.
All owners of vacant or occupied property are obligated to remove any existing debris, refuse, or foreign matter, including but not limited to volcanic ash, creating an unsanitary or hazardous condition, and dispose of it or eliminate it in the manner provided by law within 10 days after notification by city authorities, and to keep such vacant or occupied property free and clear of any refuse, debris, or unsanitary or hazardous foreign matter or condition. Anyone violating this section shall be guilty of a misdemeanor and liable for the penalties provided for in Chapter 1.10 SLMC. Any person after receiving notice from the city may appear in person at the next regular council meeting to protest such order. (Ord. 572 § 2, 1980; Ord. 571 § 1, 1980; Ord. 532 § 2, 1978; Ord. 193 § 2, 1950; Ord. 171 § 6, 1950).
8.24.070 Preventing unsanitary conditions required by property owners and residents.
All owners or residents of either occupied or vacant land are responsible for eliminating and preventing any hazardous or unsanitary conditions upon such land. (Ord. 171 § 7, 1950).
8.24.080 Vacant lots – City authorized to clean at owner’s expense.
If the owners of vacant property fail to remove from such property or keep such property free of accumulation of any refuse, debris, or any other foreign matter, including but not limited to volcanic ash, or if the owners or residents of either occupied or vacant land fail to eliminate any hazardous or unsanitary condition, including but not limited to volcanic ash, the city may, in any manner in which it sees fit, remove such refuse, debris, or foreign matter or eliminate any hazardous or unsanitary condition, and charge the owner of such property for such removal or elimination. Any charge made is payable when the next water bill is due or if no water charges are made within 30 days, and any delinquent charges shall bear interest at the rate of eight percent and shall be a lien against the property. (Ord. 572 § 1, 1980; Ord. 571 § 1, 1980; Ord. 171 § 8, 1950).
8.24.090 Sidewalk guard or rail – Required.
Any sidewalk in the city which lies adjacent to any gully or depression of any type more than one foot in depth shall be separated from such gully or depression by an adequate guard or rail to prevent persons from falling off the sidewalk into such gully or depression. Any owner or controller of real property in the city who fails to provide an adequate guard or rail when required by this section shall be subject to a penalty as authorized by SLMC 1.10.030, category C-17, per violation. (Ord. 1329 § 2, 2022; Ord. 171 § 9, 1950).
8.24.100 Sidewalk guard or rail – Responsibility of property owner or resident to construct.
It is the responsibility of the resident or owner of property to construct said guard or rail, which construction must meet with the approval of the street superintendent, and failure to construct said guard or rail, upon notice by the street superintendent or police department, shall amount to a misdemeanor with penalties as provided in Chapter 1.10 SLMC. (Ord. 532 § 2, 1978; Ord. 193 § 3, 1950; Ord. 171 § 10, 1950).
8.24.110 Sidewalk guard or rail – City authorized to construct at property owner’s expense.
If the resident or property owner fails to construct or have constructed the said rail or guard, the city may have such rail or guard constructed and charge the resident or owner of the property upon which said rail or guard is situated the expense of construction. Such charge shall be due at the time the next water bill is payable or if no water charges are made, within 30 days after construction, and any delinquent charges shall bear interest at the rate of eight percent, and shall be a lien against the property. (Ord. 171 § 11, 1950).
8.24.120 Removal of hazardous vegetation required.
The owner of property within the city shall remove or destroy all trees, plants, shrubs or vegetation or parts thereof which overhang any sidewalk, street or alley or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk, street or alley by the public or which are growing thereon in such a manner as to obstruct or impair the vision of those using the sidewalk, street or alley in such a way as to cause a hazard. Any resident on or owner of real property in the city who fails to remove hazardous vegetation shall be subject to a penalty as authorized by SLMC 1.10.030, category C-17, per violation. (Ord. 1329 § 2, 2022; Ord. 392 § 1, 1969).
8.24.130 Removal of vegetation or debris causing fire hazard.
The owner of property within the city is required to remove or destroy all grass, weeds, shrubs, bushes, plants, trees or vegetation growing, or which has grown and died, and to remove or destroy all debris, which are a fire hazard or a menace to public health, safety or welfare. Any resident on or owner of real property in the city who fails to remove vegetation or debris causing a fire hazard shall be subject to a penalty as authorized by SLMC 1.10.030, category C-17, per violation. (Ord. 1329 § 2, 2022; Ord. 392 § 2, 1969).
8.24.140 City to remove hazardous vegetation or debris at owner’s expense.
In the event that the owner or the owner’s representative or agent does not care for the property in the manner required in SLMC 8.24.120 and 8.24.130, then and in that event the city will cause the removal or destruction, and further, the cost to the city shall become a charge against the owner of the property and a lien against the property by giving notice and following the procedure as outlined in SLMC 8.24.150. (Ord. 392 § 3, 1969).
8.24.150 Procedure for action by city.
Before the city may take any action to remove, destroy, or alter any vegetation, plants, grass, weeds, shrubs, bushes or trees, the city council must initiate proceedings in the following manner:
A. Notice of the condition must be given to the owner or reputed owner more than five days prior to adoption of a resolution setting forth the proposed action to be taken.
B. The notice shall describe the property involved and the hazardous condition existing and shall direct the owner to make the removal, destruction or alteration and shall inform the owner that in the event that the city takes the necessary action the cost will become a personal obligation of the owner and a lien upon the property.
C. Notice shall be given to the owner by mailing a notice by certified mail requesting a return receipt.
D. After the notice has been properly given, the city council shall pass a resolution setting forth a description of the property involved, the hazardous condition believed to exist and the procedure prescribed to alleviate the condition.
E. After it has become necessary for the city to take action to alleviate the condition existing as defined by the resolution, the cost of the action taken shall be determined and the cost shall become a lien after it is filed with the county auditor in the form and within the time and in the manner prescribed for liens for labor and material.
F. The lien described in subsection E of this section may be foreclosed and enforced in the same manner as liens for labor and materials. (Ord. 392 § 4, 1969).