Chapter 12.04
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.04.020 Construction or repair--Responsibility.
12.04.031 Responsibility and duty to maintain, repair and reconstruct planting strips.
12.04.041 Responsibility and duty to maintain, repair and reconstruct transition strips.
12.04.051 Hazardous conditions on public street right-of-way.
12.04.061 Provisions cumulative.
12.04.071 Enforcement responsibility.
12.04.010 Definitions.
In addition to the definitions found in RCW 35.69.010, 35.69.040, and 35.70.010, all of which are adopted by reference, for the purposes of this chapter, the words and terms in this section shall have the following meanings:
“Department having the superintendence of streets” shall mean the public works department.
“Director” means the public works director.
“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 removal of ice and snow from sidewalks.
“Planting strip” means that portion of the right-of-way between the outside of the curb and the inside of the sidewalk, whether used for planting of grasses or other shrubs, or not. The planting strip also includes any driveways or ramps from the street to the sidewalk area and any other improvements or uses of the property between the street and the sidewalk.
“Sidewalk and curb” includes any and all structures or forms of street improvement included in the space between the street margin and the roadway.
“Street” includes boulevard, avenue, street, alley, way, lane, square or place.
“Transition strip” means 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.
The singular shall include the plural. (Ord. 1250 §1A, 2011: Ord. 660 (part), 1970)
12.04.020 Construction or repair--Responsibility.
The following Revised Code of Washington sections are adopted herein by reference:
A. The provisions of Chapter 35.68 RCW, as existing and as hereafter amended, are adopted as the laws on sidewalks, gutters, curbs, and driveways for the city of Wapato.
B. The provisions of Chapter 35.69 RCW, as existing and as hereafter amended, are adopted as the law of the city of Wapato for sidewalk construction, reconstruction, repair, and maintenance.
C. The provisions of Chapter 35.70 RCW, as existing and as hereafter amended, are adopted as the law of the city of Wapato for sidewalk construction, reconstruction, repair and maintenance. (Ord. 1250 §1B, 2011: Ord. 660 (part), 1970)
12.04.030 Construction or repair--Notice service.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)
12.04.031 Responsibility and duty to maintain, repair and reconstruct planting strips.
A. 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. 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 the 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 the 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 director prior to the installation of materials within the planting strip.
B. Abutting property owners must maintain a clear vision area pursuant to Section 17.05.040.
C. In the event the abutting property owner fails to maintain, repair and/or reconstruct adjacent planting strips as required in this section, or is in violation of the clear vision area outlined in subsection B of this section, the city may, after posting notice at the property seventy-two hours in advance to comply with this section and indicating how compliance can be achieved, remove any item located in the planting strip that violates this chapter. If the city incurs expense as a result of the removal, the city shall place a lien on the property in the amount of the expense, plus the costs of preparing and filing the lien. (Ord. 1250 §2A, 2011)
12.04.040 Construction or repair--Notice form.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)
12.04.041 Responsibility and duty to maintain, repair and reconstruct transition strips.
A. 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.
B. Abutting property owners must maintain a clear vision area pursuant to Section 17.05.040.
C. In the event the abutting property owner fails to maintain, repair and/or reconstruct adjacent transition strips as required in this section, or is in violation of the clear vision area outlined in subsection B of this section, the city may, after posting notice at the property seventy-two hours in advance to comply with this section and indicating how compliance can be achieved, remove any item located in the transition strip that violates this chapter. If the city incurs expense as a result of the removal, the city shall place a lien on the property in the amount of the expense, plus the costs of preparing and filing the lien. (Ord. 1250 §2B, 2011)
12.04.050 Assessment roll.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)
12.04.051 Hazardous conditions on public street right-of-way.
It shall be unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley in the city to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:
A. Defective sidewalk surfaces, including but not limited to broken or cracked cement concrete, stub-toes, or depressions within or between sidewalk joints.
B. Defective cement concrete surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction.
C. Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on any portion of any such street right-of-way.
D. Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over such public sidewalks or rights-of-way or tree roots extending over such public sidewalks or rights-of-way.
E. Defective conditions on the area between the curb and the sidewalk, or, if there is no curb, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line.
F. Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb and the sidewalk, or, if there is no curb, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line.
G. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble, or slip by reason of the existence of such foreign matter.
H. Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.
I. Violations of Chapters 8.24 (Nuisances), 8.26 (Chronic Nuisance Properties), 8.28 (Abandoned and Junked Vehicles), and 10.12 (Parking).
J. Property Owner Liable. In the event of any injury or damage to any persons and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as hereinbefore specified, or by the presence of accumulation of ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, and the property owner is found liable for the defective, dangerous or hazardous condition, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the city for all damage, injury, costs, and disbursements including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged as aforesaid; provided, no claim shall be paid by the property owner unless by agreement of the parties to such actions or after a judgment is entered by a court of competent jurisdiction; provided further, this chapter shall not be interpreted to require indemnification from the property owner for injury or damage to any persons and/or property which is the result of the sole negligence or fault of the city. (Ord. 1250 §2C, 2011)
12.04.060 Property liable--Determination.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)
12.04.061 Provisions cumulative.
Nothing in this chapter shall be construed to limit or repeal any existing powers of the city with reference to the construction or reconstruction of sidewalks and curbs or the improvement or maintenance of streets, but the power and authority granted in this chapter is to be exercised concurrent with or in extension of powers and authority now existing. (Ord. 1250 §2D, 2011)
12.04.070 Provisions cumulative.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)
12.04.071 Enforcement responsibility.
The building code enforcement officer and the director are charged with the enforcement of this chapter. (Ord. 1250 §2E, 2011)
12.04.080 State law adopted.
Repealed by Ord. 1250. (Ord. 660 (part), 1970)