Chapter 13.04
SIDEWALK, CURB AND PLANTING STRIP CONSTRUCTION
Sections:
13.04.010 Care and responsibility of owners.
13.04.030 Compliance with standard plans and specifications.
13.04.040 Grade and alignment.
13.04.050 Inspections required.
13.04.060 Interference with work misdemeanor.
13.04.070 Poles in parking or planting strip.
13.04.090 Notice – Terms or specifications.
13.04.100 Notice – Personal or mailed service.
13.04.110 Superintendent to carry out unmet improvements.
13.04.120 Assessment to become lien on property.
13.04.010 Care and responsibility of owners.
A. All sidewalks and curbs constructed within the corporate limits of the city shall be at the expense of the abutting property owners. All of said sidewalks and curbs shall be of concrete construction and no exception will be granted except by special permit of the city council.
B. Repealed by Ord. 633. (Ord. 633 § 16, 2006; Ord. 260 § 1, 1978).
13.04.020 Notice – Permit.
A. Any person desiring to construct, improve or repair any sidewalk or curb shall give written notice of their intention to the city clerk-treasurer, who shall present such notice to the city public works superintendent for his approval or rejection. If said application is rejected by the city public works superintendent, the applicant may, within 15 days of notice of said rejection, file an appeal with the Tonasket city council, who shall have the right to affirm, reverse, or modify the decision of the public works superintendent.
B. Any person desiring to plant any tree or shrub in any planting strip within the city shall give written notice of their intention to the city clerk-treasurer, who shall present such notice to the city council for their approval or rejection.
C. Any permit granted shall be issued to the person in charge of the work and he shall be required to assume full responsibility for the protection of the public during the construction. (Ord. 633 § 16, 2006; Ord. 618 § 1, 2004; Ord. 260 § 2, 1978).
13.04.030 Compliance with standard plans and specifications.
All sidewalks and curbs shall be constructed in accordance with the standard plans and specifications as adopted by the city, titled “street improvement standards,” and the American Public Works Association’s “Specifications for Concrete Sidewalks A.P.W.A. C-154” together with such revisions and amendments as may be made by the city; provided, however, that the city council does have authority by resolution to authorize different methods of construction of sidewalks and curbs which vary from said standard plans and specifications as set forth in this section if said city council upon receiving a written request and after a hearing in their council meeting, deem such just and proper; provided further, however, that any new construction, repair or replacement of sidewalks in a block in which there are already existing sidewalks shall conform in width to those sidewalks already existing in said block and along the same street as the proposed new sidewalk construction, repair or replacement, so as to make the sidewalks in any one block and along any one street of equal width. (Ord. 260 § 3, 1978).
13.04.040 Grade and alignment.
Sidewalks and curbs shall be set to such grades and alignment as the city directs. An inspection shall be made by the city after placement of forms and prior to pouring of concrete to see that such grade and alignment as designated has been adequately carried out. Any curb or sidewalk not constructed in accordance with instructions from the city may be condemned as defective and ordered replaced. (Ord. 260 § 4, 1978).
13.04.050 Inspections required.
Any person upon receipt of permission to construct, repair or improve any sidewalk, curb, or planting strip, shall notify the city as to the exact date and time that the work will commence so that the city may make such inspections of the work as it deems necessary to see that the work is in accordance with city plans and specifications. (Ord. 260 § 5, 1978).
13.04.060 Interference with work misdemeanor.
Any person who interferes or hinders the progress, or damages the work, by walking, driving, moving stakes, marking, or throwing any object on or over the work; or permits any child or animal in his control or charge to do so, shall be guilty of a misdemeanor. (Ord. 260 § 6, 1978).
13.04.070 Poles in parking or planting strip.
A. No person acting under the franchise granted or hereafter to be granted to any public utility corporation or public or semi-public body operating any public service shall place or cause to be placed any pole for the purpose of overhead structures in any parking or planting strip, if in the opinion of the city council such obstruction or pole could be practically placed in any alley, and this section shall apply to such poles as have become decayed or weakened, so that where possible, reconstructed works may be moved into the alleys during the process of reconstruction.
B. No person being the owner, agent for said owner, or person in actual charge of property abutting on any sidewalk, parking or planting strip or street, shall cause or permit any refuse of whatever kind, nor the drippings of washings from any store or other abutting property to be deposited upon the sidewalk, parking or planting strip, curb, gutter or street; nor the planting or maintenance of any tree or shrub in any parking or planting strip, or other city property within 30 feet of the intersection of property lines at any street corner, nor any tree nor any branch or limb thereof to overhang within one foot of any street or curb, or sidewalk, or any line thereof extended or otherwise designated by general use at a height less than eight feet; nor any sidewalk to be or remain in a defective, dangerous, dirty or slippery, or obstructed condition; nor maintain any awning or shade device where the same hangs over the sidewalk at a height less than seven and one-half feet; nor allow any tree or branch or limb thereof to overhang on the street side of any sidewalk at a height less than 12 feet. (Ord. 260 § 7, 1978).
13.04.080 Notice – Repairing.
Upon the street superintendent’s being satisfied by inspection that any sidewalk, curb or planting strip is in fact defective, dangerous, dirty or slippery, or obstructed, he shall notify the owner of the abutting property to repair, reconstruct, replace, clean or remove such condition or obstruction. (Ord. 260 § 8, 1978).
13.04.090 Notice – Terms or specifications.
A. The notice shall be in writing and shall specify the precise location, and state the legal description of the abutting property so concerned and the owner’s name, and shall state the nature of the deficiency to be removed and the time granted for such removal and that should not such removal be accomplished, the city will by contract or with its own employees proceed to make such improvement, and assess the cost of so doing and all legal professional charges incidental thereto against the property.
B. Such notice shall further state that the street superintendent shall present to the city council after the completion of the work, an assessment roll showing by legal description of the lot or parcel abutting said improvement, the cost and expenses of said improvement and the name of the owner. The council will proceed to hear any and all protests against the assessment, and confirm, alter, revise or set aside such roll as may in their judgment be just, and any assessment so made shall be and become a lien upon said property and shall be collected by due process of the law. (Ord. 260 § 9, 1978).
13.04.100 Notice – Personal or mailed service.
The notice shall be served by the chief of police or any of his deputies upon the owner of the property personally if he or she can be found, or if not, then upon the agent for the owner if any is found in the city. If the owner is absent and has not attached to the property a legible notice stating his name and address or that of his agent, then the person or persons found to be physically and actually in charge of and upon the property shall be deemed to be the agent of the owner, and if no personal service is possible within the city, or the premises is closed, then good and sufficient service shall be had by firmly posting and attaching to the property a copy of the notice in a prominent place, and sending a copy by mail to the last mailing address of the owners known to the county treasurer. (Ord. 260 § 10, 1978).
13.04.110 Superintendent to carry out unmet improvements.
In the event the improvement specified in the notice is not carried out, it shall be the duty of the street superintendent to carry out the improvement with city employees and equipment, or by hiring extra help and rented equipment, by force account or by contract in the manner that may seem most expedient and economical in their opinion; and the superintendent shall keep careful accounting of all costs, including the wages and salaries of all city employees, and a just rental for all city equipment, and all legal and advertising costs; and the superintendent shall prepare and present to the council an assessment roll all in accordance with the terms of the notice in writing prescribed in this chapter. (Ord. 260 § 11, 1978).
13.04.120 Assessment to become lien on property.
When the council has heard all protests, considered and revised, altered or found true and confirmed the assessment by ordinance, it shall become a lien on the property described and shall be collected by due process of law. (Ord. 260 § 12, 1978).