Chapter 12.20 SIDEWALK AND RIGHTS-OF-WAY MAINTENANCE

Chapter 12.20
SIDEWALK AND RIGHTS-OF-WAY MAINTENANCE

Sections:

12.20.010 Authority for chapter – Provisions not exclusive of other authority.

12.20.020 Definitions.

12.20.030 Cleaning and maintenance of sidewalks and rights-of-way.

12.20.040 Sidewalk construction.

12.20.050 Sidewalk reconstruction or repair.

12.20.060 Resolution – Determination of necessity.

12.20.070 Resolution contents, publication, notice and public hearing.

12.20.080 Assessment roll, publication, notice, public hearing, and confirmation ordinance.

12.20.090 Appeal of assessment roll.

12.20.100 Limitation of expense to abutting property.

12.20.110 Sidewalk construction fund.

12.20.120 Method of payment of assessments.

12.20.130 Collection of assessments.

Prior legislation: Ord. 20-98.

12.20.010 Authority for chapter – Provisions not exclusive of other authority.

This chapter is enacted pursuant to and in accordance with Chapter 35.68 RCW, and is not intended and shall not be construed to limit any authority with which the city of West Richland may be vested with reference to construction, reconstruction or repair of sidewalks, gutters and curbs and driveways across sidewalks. The power and authority exercised by the city by the enactment of this chapter is intended to be concurrent with any other power and authority vested in the city with reference to the construction, reconstruction or repair of sidewalks, gutters and curbs and driveways across sidewalks. [Ord. 22-14 § 1, 2014].

12.20.020 Definitions.

As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings ascribed to them:

“Abutting property” means all property having a frontage upon the sides or margins of any street shall be deemed to be abutting property, and as such property shall be chargeable, as provided herein, for all costs of construction or reconstruction or any form of sidewalk improvement between the margin of said street and the roadway lying in front of and adjacent to said property.

“Sidewalk” means any and all pedestrian structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or edge of the traveled road surface, and the line where the public right-of-way meets the abutting property.

“Street” means and includes boulevard, avenue, street, road, access easement, way, lane, alley, mall and other public square or public place. [Ord. 22-14 § 1, 2014].

12.20.030 Cleaning and maintenance of sidewalks and rights-of-way.

Whenever any street, lane, square, place or alley in the city shall have been improved by the construction of a sidewalk, and upon city rights-of-way, to include any part of the right-of-way lying between the curb and gutter line of the street, or if there is no curb and gutter line, then between the adjacent edge of the traveled portion of the street and abutting property line, the duty, burden and expense of the maintenance and cleaning of abutting sidewalk surfaces and said rights-of-way (including the removal of litter, leaves, weeds and other debris) along with the removal of weeds in the curb and gutter belongs to the owner or occupant of the private property directly abutting on the sidewalk and/or right-of-way described herein. This duty includes maintaining a clear path of travel, unobstructed by overhanging vegetation, for the entire width and up to and including eight feet above any abutting sidewalk surfaces and 14 feet above any street. Provided, said maintenance, cleaning, weed and debris removal shall not result in litter, leaves and/or refuse (or any other material removed from the sidewalk, curb and gutter and right-of-way areas as described heretofore) being dumped, deposited or discharged onto any other part of the city streets or rights-of-way.

It shall be unlawful for any owner or occupant to fail to maintain and clean such abutting sidewalk and/or right-of-way pursuant to the duties created above. A violation of this section shall be a civil infraction subject to a maximum penalty of $250.00 per violation. Each day in which any violation shall continue shall be deemed a separate offense. [Ord. 22-14 § 1, 2014].

12.20.040 Sidewalk construction.

Whenever a portion, not longer than one block in length, of any street in the city of West Richland is not improved by the construction of a sidewalk thereon, and when a sidewalk in good repair does then exist on the street adjacent to both ends of such unimproved portion, then a sidewalk may be constructed along that unimproved portion with the cost of such construction to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter. [Ord. 22-14 § 1, 2014].

12.20.050 Sidewalk reconstruction or repair.

Whenever a portion, not longer than one block in length, of any street in the city of West Richland includes a sidewalk which has become unfit or unsafe for purposes of public travel as determined by the director of public works or his/her designee, and when a sidewalk in good repair does then exist on the street adjacent to both ends of the sidewalk portion determined to be unfit or unsafe, then such sidewalk portion may be reconstructed or repaired with the cost of such reconstruction or repair, or a portion thereof, to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter. [Ord. 22-14 § 1, 2014].

12.20.060 Resolution – Determination of necessity.

No such improvement shall be undertaken or required except pursuant to a resolution of the city council that finds that the improvement of a portion of a street by the reconstruction, repair, or construction of sidewalk, curb and gutter, and/or driveway across sidewalk, as contemplated by WRMC 12.20.040 and/or 12.20.050, is necessary for the public safety and convenience. [Ord. 22-14 § 1, 2014].

12.20.070 Resolution contents, publication, notice and public hearing.

A. Resolution Content. The resolution shall state that the abutting owner is required to construct, reconstruct or repair the sidewalk, curb and gutter and/or driveway across sidewalk, commonly known as improvements, at his or her own cost and expense. The resolution shall also fix a time from and after its passage, and a place, for a public hearing on the resolution. The public hearing shall occur prior to the improvement commencement date. The resolution shall also specify the time within which the construction of the improvements shall be commenced and completed. The resolution shall further state that if the improvements are not undertaken and completed within the time specified that the city will perform or complete improvements and assess the cost against the abutting owner subject to the limitations in WRMC 12.20.100.

B. Publication. The resolution shall be published for two consecutive weeks before the time of the public hearing in the official newspaper. Affidavit of publication shall be filed with the city clerk before the public hearing.

C. Notice. Notice of the date of the public hearing shall be given each owner or reputed owner of the abutting property by mailing the owner or reputed owner of the property as shown on the tax rolls of the Benton County treasurer, at the address shown thereon a notice of the date of the public hearing, the mailing to be at least 10 days before the date fixed for the public hearing. Affidavit of mailing shall be filed with the city clerk before the public hearing.

D. Public Hearing. At the time, date and place of the public hearing the city council shall hear persons who appear for or against the improvement. City council shall determine whether to proceed or not to proceed with the improvement or whether changes are made to the original planned improvement. City council shall take action by approval of a motion affirming, modifying, or appealing the determination of necessity resolution. [Ord. 22-14 § 1, 2014].

12.20.080 Assessment roll, publication, notice, public hearing, and confirmation ordinance.

Upon the expiration of the time fixed within which the property owner is required to construct, reconstruct or repair the sidewalk portion and if the property owner has failed to perform such work, the city may proceed to perform the work by city forces or cause the work to be performed by an independent contractor. In such event, the public works director or his/her designee shall report to the city council an assessment roll showing the lot or parcel of land directly abutting on that portion of the street or sidewalk so constructed, reconstructed or repaired, along with the cost of the work and the name of the owner, if known. The city council shall, at the time in such notice designated, or at an adjourned time or times, assess the cost of such work 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 as provided by law for the collection of local improvement assessments.

A. Assessment Roll. An assessment roll shall be prepared by the city engineer which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment subject to the limitations in WRMC 12.20.100. The assessment roll shall be filed with the city clerk. City council shall by resolution fix the time, date, and place for a public hearing on the assessment roll.

D. Public Hearing. At the time, date and place of the public hearing the city council shall hear persons who appear for or against the assessment roll.

E. Confirmation Ordinance. Following the public hearing, the city council shall by ordinance affirm, modify, reject or order recasting of the assessment roll. [Ord. 22-14 § 1, 2014].

12.20.090 Appeal of assessment roll.

An appeal may be taken to the superior court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll by Chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended. [Ord. 22-14 § 1, 2014].

12.20.100 Limitation of expense to abutting property.

The cost of sidewalk construction, reconstruction or repair to be borne by abutting property as provided by this chapter shall not exceed 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon such property for purposes of general taxation. An abutting property shall also not be charged with any costs of reconstruction under this chapter if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents or to correct deterioration of or damage to the sidewalk that is direct result of the failure of the city to enforce its ordinances. [Ord. 22-14 § 1, 2014].

12.20.110 Sidewalk construction fund.

When the cost is to be assessed against the abutting property owner, the city council may create a “sidewalk construction fund No. . . . .” to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants, any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. [Ord. 22-14 § 1, 2014].

12.20.120 Method of payment of assessments.

The city council shall by resolution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the city council may by resolution provide for interest on unpaid installments and fix the rate thereof. [Ord. 22-14 § 1, 2014].

12.20.130 Collection of assessments.

The assessment roll as affirmed or modified by the city council shall be filed with the city finance director for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of 30 days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended. Whenever the deed is issued after the sale therein provided, the regularity, validity and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. [Ord. 22-14 § 1, 2014].