Chapter 12.04
SIDEWALK AND DRIVEWAY CONSTRUCTION STANDARDS*
Sections:
12.04.020 Sidewalk construction – Compliance with specifications required.
12.04.030 Sidewalk construction – Street commissioner supervision authority.
12.04.040 Sidewalk construction – Compatibility with location required.
12.04.050 Sidewalk construction – Width requirements.
12.04.060 Sidewalk construction – Permit required when.
12.04.070 Sidewalk construction – Permit – Application – Review and inspection required.
12.04.080 Sidewalk construction – Permit – Scope – Fee.
12.04.090 Sidewalk construction – Failure to secure permit deemed misdemeanor.
12.04.100 Sidewalk construction – Abutting property owner liability when – Limitation.
12.04.110 Sidewalk construction – Notice to owners.
12.04.120 Sidewalk construction – Service of notice.
12.04.130 Sidewalk construction – Notice to owners – Contents – Hearing.
12.04.140 Sidewalk construction – Assessment roll report when – Contents.
12.04.150 Sidewalk construction – Lien against property when – Collection.
12.04.160 Driveway construction – Permit required – Fee.
12.04.170 Driveway construction – Permit – Application – Location inspection.
12.04.180 Driveway construction – Requirements.
12.04.190 Wooden sidewalks declared nuisances.
12.04.200 Wooden sidewalks – Prohibited – Penalty.
12.04.210 Wooden sidewalks – Liability for abatement.
*For statutory provisions authorizing third class cities to construct and maintain streets and sidewalks, see RCW 35.24.290(3) and 35.43.040; for provisions regarding liability of abutting property owners, see RCW 35.69.020; for authority to set specifications, see generally Chapters 35.69 and 35.70 RCW.
12.04.010 Definitions.
A. “Abutting property” means all property having a frontage upon the sides or margins of any street and such property shall be chargeable, as provided in this chapter, for all costs of construction or reconstruction of any form of sidewalk improvement between the margin of said street and the roadway lying in front of and adjacent to said property.
B. “Sidewalk” includes any and all structures or forms of street improvement included in the space between the street margin and the roadway.
C. “Street” includes boulevard, avenue, street, alley, way, lane, square or place. (Ord. A-678 §§ 1, 4, 1970).
12.04.020 Sidewalk construction – Compliance with specifications required.
All sidewalks constructed or reconstructed after February 7, 1971, in the city shall be of concrete, and shall conform with the standard specifications therefor adopted by the city council and on file with the city clerk-treasurer. (Ord. 334 § 1, 1918).
12.04.030 Sidewalk construction – Street commissioner supervision authority.
The construction or reconstruction of all sidewalks and parkings within the city shall be under the supervision and control of the superintendent of streets, whether the same be done by the city, owner of abutting property, or other persons. (Ord. 334 § 2, 1918).
12.04.040 Sidewalk construction – Compatibility with location required.
All sidewalks shall be constructed within the line of the parking and upon such portion thereof and at such grade as shall be best suited to the particular street or locality, to be determined by the superintendent of streets. (Ord. 334 § 3, 1918).
12.04.050 Sidewalk construction – Width requirements.
A. All sidewalks constructed or reconstructed after March 22, 1919, on the following named streets or parts of streets in the city shall be at least 10 feet in width:
1. East Toppenish Avenue from the centerline of the Northern Pacific Railway Company’s right-of-way to North D Street and South D Street;
2. South Toppenish Avenue from the centerline of the Northern Pacific Railway Company’s right-of-way to West Second Avenue;
3. Washington Avenue from South Toppenish Avenue to the west line of South Alder Street;
4. Jefferson Avenue from West First Avenue to South Alder Street;
5. West First Avenue from South Alder Street to South Division Street.
B. On all other streets or parts of streets in the city such sidewalks shall be at least five feet in width. (Ord. 357 § 1, 1919).
12.04.060 Sidewalk construction – Permit required when.
Whenever any person within the city desires to construct or reconstruct any sidewalks within the city, or whenever any person within the city shall have been notified to construct any sidewalk within the limits of the city as provided in this chapter or any other ordinance of the city, such persons shall secure a permit to do so from the superintendent of streets, as provided in TMC 12.04.070 through 12.04.090. (Ord. 334 § 5, 1918).
12.04.070 Sidewalk construction – Permit – Application – Review and inspection required.
No sidewalk in the city shall be installed or constructed without first obtaining from the city a permit authorizing the same to be done. All sidewalks shall conform to the city’s standards and specifications as defined in TMC 12.01.010. (Ord. 2017-01 § 1, 2017; Ord. 334 § 6, 1918).
12.04.080 Sidewalk construction – Permit – Scope – Fee.
The fee for such permit shall be as established by resolution of the city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. 334 § 7, 1918).
12.04.090 Sidewalk construction – Failure to secure permit deemed misdemeanor.
Any person who shall construct or reconstruct a sidewalk within the city limits without first securing a permit to do so, or shall build a sidewalk within the limits of the city other than indicated by the superintendent of streets as herein provided for, shall be guilty of a misdemeanor. (Ord. 334 § 8, 1918).
12.04.100 Sidewalk construction – Abutting property owner liability when – Limitation.
Whenever a portion, not longer than one block in length, of any street within the corporate limits of the city is not improved by the construction of a sidewalk thereon, or the sidewalk thereon has become unfit or unsafe for purposes of public travel, and such street adjacent to both ends of said portion is so improved and in good repair, and the city council by resolution finds that the improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience, the duty, burden and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion; provided, that such abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of the improvements thereon, according to the valuation last placed upon it for purposes of general taxation. (Ord. A-678 § 2, 1970).
12.04.110 Sidewalk construction – Notice to owners.
Whenever the city council has adopted the resolution set forth in TMC 12.04.100, it shall cause a notice to be served on the owner of the property directly abutting on such portion of such street, instructing him to construct or reconstruct a sidewalk on such portion in accordance with the plans and specifications which shall be attached to such notice. (Ord. A-678 § 3, 1970).
12.04.120 Sidewalk construction – Service of notice.
The notice shall be deemed sufficiently served if delivered in person to the owner or if left at the home of such owner with a person of suitable age and discretion then resident therein, or with an agent of such owner authorized to collect rentals on such property, or, if the owner is a nonresident of the state, by mailing a copy to his last known address, or if he is unknown or if his address is unknown, then by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. (Ord. A-678 § 3, 1970).
12.04.130 Sidewalk construction – Notice to owners – Contents – Hearing.
The notice shall specify a reasonable time within which such construction or reconstruction shall be made, and shall state that in case the owner fails to make the same within such time, the city will proceed to make it through the superintendent of streets and that such superintendent of streets will report to the city council at a subsequent date, to be definitely stated in the notice, an assessment roll showing the lot or parcel of land directly abutting on such portion of the street so improved the cost of the improvement, and the name of the owner, if known, and that the city council at the time stated in the notice or at the time or times to which the same may be adjourned will hear any and all protests against the proposed assessment. (Ord. A-678 § 3, 1970).
12.04.140 Sidewalk construction – Assessment roll report when – Contents.
Upon the expiration of the time fixed within which the owner is required to construct or reconstruct such sidewalk, if the owner has failed to perform such work, the city may proceed to perform it, and the superintendent of streets shall, within the time fixed in the notice, report to the city council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street so improved, the cost of the work, and the name of the owner, if known. (Ord. A-678 § 3, 1970).
12.04.150 Sidewalk construction – Lien against property when – Collection.
The city council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such improvement against said property and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property and shall be collected in the manner provided by law for collection of local improvement assessments under RCW Title 35. (Ord. A-678 § 3, 1970).
12.04.160 Driveway construction – Permit required – Fee.
No driveway from any public street or roadway in the city shall be installed or constructed over, along or across any public sidewalk or sidewalk area without first obtaining from the city a permit authorizing the same to be done. The fee for a driveway permit shall be as established by resolution of the city council, as amended from time to time. All driveways shall conform to the city’s standards and specifications as defined in TMC 12.01.010. (Ord. 2017-01 § 1, 2017; Ord. A-219 § 1, 1942).
12.04.170 Driveway construction – Permit – Application – Location inspection.
Upon application for a permit to construct a driveway being filed with the city clerk-treasurer, the building inspector shall inspect the location of the proposed driveway, and if it shall appear that a driveway over, upon or across a public sidewalk or sidewalk area is necessary or convenient in the use of the property to be served thereby, he shall so report to the city council, and upon its order a permit therefor shall be issued. The fee for said permit shall be established by resolution adopted by city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. A-219 § 2, 1942).
12.04.180 Driveway construction – Requirements.
In constructing and installing any driveway as provided in TMC 12.04.160 and 12.04.170, all excavations in the soil therefor shall be not less than 10 inches in depth and there shall be a backfill of ballast to six inches below the grade of the completed driveway, and this shall be well and thoroughly tamped. The ballast shall be not less than four inches in depth and if it is necessary to remove any part of the street curb, all thereof in the driveway space shall be removed and the driveway construction shall extend and come to the pavement line, or if the street or roadway is not paved, to such line as shall be designated by the city engineer. The driveway shall be made of concrete which shall be composed of one part Portland cement, two parts sand and three parts broken stone or gravel and shall be not less than six inches in thickness and shall have a slope across the sidewalk or sidewalk area of one-fourth of one inch to each foot of driveway and the driveway shall not extend beyond such line nor be constructed in such a manner as shall in any way obstruct or interfere with any gutter. All materials used in the construction and installation of any driveway shall before being used be inspected and approved by the city engineer and all construction and installation shall be done in such a manner and according to directions as may be prescribed by him. If any materials shall be used which were not approved by the city engineer, or the construction and installation shall not be done as provided in this section, it shall be removed forthwith upon written demand therefor by the city engineer, and if not so done, the city shall have the right to remove the same and put the excavated portion back into its original condition, all at the cost and expense of the applicant for such permit, and all permits shall be granted on such condition. (Ord. A-219 § 3, 1942).
12.04.190 Wooden sidewalks declared nuisances.
All board, plank or wooden sidewalks located in the streets of the city are declared to be nuisances. (Ord. A-173 § 1, 1938).
12.04.200 Wooden sidewalks – Prohibited – Penalty.
Any persons found guilty of constructing, keeping, maintaining or permitting any board, plank or wooden sidewalk in the streets of the city adjacent to premises owned or occupied by them shall be punishable as set forth in Chapter 1.24 TMC. (Ord. A-173 § 2, 1938).
12.04.210 Wooden sidewalks – Liability for abatement.
Any person, firm or corporation constructing, keeping, maintaining or permitting any board, plank or wooden sidewalk in the streets of the city adjacent to premises owned or occupied by them shall be liable for all costs and expenses for abating the same when such nuisance has been abated by any officer or employee of the city, which said cost and expenses shall be taxed as a part of any prosecution against the party liable. (Ord. A-173 § 2, 1938).