Chapter 8.76
SIDEWALK REPAIR
Sections:
8.76.010 Authority for chapter—Provisions not exclusive of other authority.
8.76.025 Cleaning and maintenance of sidewalks and rights-of-way.
8.76.030 Sidewalk construction.
8.76.040 Sidewalk reconstruction or repair.
8.76.050 Determination of necessity.
8.76.060 Notice to owners—Contents of notice.
8.76.065 Appeal of final notice to the city council.
8.76.070 Work by city—Assessment and collection of costs.
8.76.075 Sidewalk construction or repair agreement installment contract authorized.
8.76.080 Limitation of expense to abutting property.
8.76.090 Abutting property defined.
8.76.010 Authority for chapter—Provisions not exclusive of other authority.
This chapter is enacted pursuant to and in accordance with Chapter 35.69 of the Revised Code of Washington, and is not intended and shall not be construed to limit any authority with which the city of Yakima may be vested with reference to construction, reconstruction or repair of 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. (Ord. 1704 § 1 (part), 1974).
8.76.020 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:
1. “Sidewalk” means any and all structures or forms of street improvement included in the space between the street margin and the roadway; provided, the sidewalk construction, reconstruction or repair for which the abutting property shall be liable to assessment to pay the costs shall exclude that portion of a sidewalk on a corner, which sidewalk portion lies between the extensions of the property lines which form such corner.
2. “Street” means and includes boulevard, street, alley, mall and other public square or public place. (Ord. 1704 § 1 (part), 1974).
8.76.025 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 line of the street, or if there is no curb 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) 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 over-hanging vegetation, for the entire width and up to and including seven feet above any abutting sidewalk surfaces. 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 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 two hundred fifty dollars per violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 2005-71 § 1, 2005.)
8.76.030 Sidewalk construction.
Whenever a portion, not longer than one block in length, of any street in the city of Yakima 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. 1704 § 1 (part), 1974).
8.76.040 Sidewalk reconstruction or repair.
Whenever a portion, not longer than one block in length, of any street in the city of Yakima includes a sidewalk which has become unfit or unsafe for purposes of public travel as determined by the director of public works, 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. 2005-72
§ 1, 2005: Ord. 1832 § 1, 1975: Ord. 1704 § 1 (part), 1974).
8.76.050 Determination of necessity.
A. Construction. The director of public works may find that the improvement of a portion of a street by the construction of a sidewalk thereon, as contemplated by YMC 8.76.030, is necessary for the public safety and convenience. The duty, burden and expense of constructing such sidewalk shall devolve upon the property directly abutting upon such portion of the street to be so improved upon the giving of notice as provided by YMC 8.76.060.
B. Reconstruction or Repair. The director of public works may determine that a portion of a sidewalk has become unfit or unsafe for purposes of public travel, as contemplated by YMC 8.76.040, and may further find that the reconstruction or repair of such sidewalk portion is necessary for the public safety and convenience. Upon the director of public works making such a determination, the duty, burden and expense of reconstruction or repair of such sidewalk portion shall devolve upon the property directly abutting upon such portion of the sidewalk to be reconstructed or repaired upon the giving of notice as provided by YMC 8.76.060; provided, in the event the city engineer determines that the reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its age and the owner performs the work in accordance with the notice to be given, the owner shall bear the full cost of such work, but that in the event the work is performed by the city, the owner will be assessed, and be required to pay, for only a portion of the cost thereof as may be determined by the director of public works. (Ord. 2005-72 § 2, 2005: Ord. 1832 § 2, 1975; Ord. 1704 § 1 (part), 1974).
8.76.060 Notice to owners—Contents of notice.
A. Preliminary Notice. Proceedings to require repair or installation of sidewalks, as contemplated by YMC 8.76.050, shall be commenced by a written notice from the director of public works served on the owner of the property directly abutting on the portion of the sidewalk to be constructed, reconstructed or repaired instructing the owner to construct, reconstruct or repair the sidewalk portion in accordance with plans and specifications to be attached to such notice. The notice shall be deemed sufficiently served on the return of a receipt showing delivery by certified mail to the owner’s address, or 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 of Washington, by mailing a copy of the notice to the owner’s last known address or, if the owner is unknown or the owner’s address is unknown, then by posting a copy of such notice in a conspicuous place on the portion of the street or sidewalk where the construction, reconstruction or repair is to be made.
B. Contents of Notice. The notice shall specify the legal description and street address of the property involved and shall provide a reasonable time within which such construction, reconstruction or repair shall be made. The notice shall also include a statement to the effect that in the event the owner fails to perform the construction, reconstruction or repair work within the time specified, further action will be taken by the city to correct the condition.
C. Final Notice—Action by the City. In the event the condition described in a preliminary notice is not corrected within the time period provided by such notice, the director of public works shall issue a final notice directing the property owner to construct, reconstruct or repair the sidewalk in compliance with the preliminary notice. The final notice shall be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within a specific time frame specified in the final notice, that time to be counted from the date the final notice is given; and the notice shall further include notification that in the event of the failure of the owner to comply with the notice, the city will proceed to perform such work under the direction of the director of public works, either by city forces or by independent contractor, and that the director of public works 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 the portion of the street or sidewalk to be constructed, reconstructed or repaired, together with the cost of the improvement and the name of the owner of the abutting property, 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; provided, if the notice is to reconstruct or repair an existing sidewalk and if the director of public works has determined that the reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its age, as contemplated by subsection B of YMC 8.76.050, then the notice shall further include a statement to the effect that if the work is performed under the direction of the director of public works by city forces or by independent contractor, then the assessment to the owner will be an amount less than the full cost of such work as determined by resolution of the city council. (Ord. 2005-72 § 3, 2005: Ord. 1832 § 3, 1975; Ord. 1704 § 1 (part), 1974).
8.76.065 Appeal of final notice to the city council.
A property owner that has received a final notice pursuant to YMC 8.76.060 may file an appeal of the matter to the city council. Such appeal must be in writing and filed with the city clerk and the public works director within ten calendar days of the date of the final notice. The written appeal must specify all grounds for the appeal, request a hearing before the city council, and be accompanied by payment of an appeal fee in the amount of one hundred dollars. The city clerk shall set a time and place for the appeal hearing. At the hearing, the city council shall make a final determination regarding the appeal. (Ord. 2005-72 § 4, 2005).
8.76.070 Work by city—Assessment and collection of costs.
Upon the expiration of the time fixed within which the owner is required to construct, reconstruct or repair the sidewalk portion, as specified in the notice provided by YMC 8.76.060, if the 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 city engineer 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 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; provided, if the work performed consisted of reconstruction or repair of an existing sidewalk and if the city engineer determined that the reconstruction or repair was necessitated by normal deterioration of the sidewalk due to its age, then the assessment to the owner shall be for only a portion of the cost of such work as determined by resolution of the city council. (Ord. 1832 § 4, 1975: Ord. 1704 § 1 (part), 1974).
8.76.075 Sidewalk construction or repair agreement installment contract authorized.
The construction, reconstruction or repair of a portion of a sidewalk which could be accomplished pursuant to the procedures specified in this chapter may be performed without resort to such procedures on the execution by the owner of abutting property of a sidewalk construction or repair agreement of a form approved from time to time by resolution of the Yakima city council. The amount of money to be paid by the abutting property owner on such a contract shall be determined by the Yakima city engineer in accordance with provisions of this chapter applicable to the making of such a determination by the Yakima city council. (Ord. 1802 § 1, 1975).
8.76.080 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 fifty 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. (Ord. 1704 § 1 (part), 1974).
8.76.090 Abutting property defined.
For the purposes of this chapter, all property having a frontage upon the sides or margins of any street shall be deemed to be abutting property, and such property shall be chargeable, as provided by this chapter, for the cost of construction, reconstruction or repair of the sidewalk portion, or for any form of sidewalk improvement between the margin of the street and the roadway lying in front of and adjacent to such property. (Ord. 1704 § 1 (part), 1974).