HomeMy WebLinkAbout2474 Sidewalk Construction, Reconstruction, Maintenance and RepairORDINANCE NO. ~ ~ "] ~.
AN ORDINANCE REPEALING CHAPTER 12.12, SIDEWALK
CONSTRUCTION AND REPAIR, AND ADOPTING A NEW CHAPTER
12.12 RELATED TO SIDEWALK CONSTRUCTION,
RECONSTRUCTION, MAINTENANCE AND REPAIR
WHEREAS, the council finds that the existing ordinance relating to sidewalk
construction, repair and maintenance is outdated and in some instances obsolete, it is the
intent of the council to adopt a new ordinance under the authority provided in chapters
35.68, 35.69 and 35.70 RCW; and
WHEREAS, the City Council finds that it is in the interest of public health, safety
and welfare to place the responsibility of constructing, repairing, and maintaining public
sidewalks upon abutting property owners as allowed by state statutory law,
NOW, THEREFORE, the City Council of the City of Port Townsend hereby ordains
as follows:
Section 1. Chapter 12.12 is hereby repealed and replaced with a new Chapter 12.12,
entitled "Sidewalk Construction, Maintenance and Repair."
Chapter 12.12
SIDEWALK CONSTRUCTION, MAINTENANCE AND REPAIR
Sections:
Article I. General Provisions
12.12.010 Definitions.
12.12.020 Scope.
12.12.030 Adjoining property owners/occupants to clean sidewalks.
12.12.040 Standards for sidewalk construction.
Article H.
12.12.050
12.12.060
12.12.070
12.12.080
12.12.090
12.12.100
12.12.110
12.12.120
Sidewalk Construction - Responsibility and Process
Owner's responsibility to construct sidewalks.
Necessity to construct.
Order to construct - Notice.
Order to construct - Requirements.
Order to construct - Serving of Notice.
Notice - Noncompliance - Action by city - Assessment.
Assessment - Hearing - Notice.
Assessment - Collection.
Article IH. Sidewalk Maintenance and Repair/Reconstruction/Construction
12.12.130 Authority to construct improvement of sidewalks, gutters, curbs and
12.12.140
12.12.150
12.12.160
12.12.170
12.12.180
12.12. t90
12.12.200
12.12.210
12.12.220
driveways.
Unfit sidewalk - Resolution ordering improvements.
Resolution - Notice.
Service of notice.
Assessment roll showing costs - Notice.
Assessment of abutting property for sidewalk improvements - Hearing.
Collection of assessments.
Authority 'to proceed under Chapter 35.68 RCW.
Curb ramps for physically handicapped - Standards and requirements.
City participation in voluntary improvement.
[For statutory provisions on sidewalks in second class cities, see Chapters 35.68, 35.69 and 35.70
RCW, three copies of which are on file with the city clerk for public examination,]
Article I. General Provisions
12.12.010 Definitions. Unless the context clearly indicates otherwise, the words used in
this chapter shall have the meaning given in this section:
A. "Abutting property" includes all property that fronts upon the side or margin of any
street, alley, or other public place.
B. "ADA" means the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C.
§ 12101, et seq.
C. "Improvement:" All work to construct, reconstruct, and repair sidewalks, gutters and
curbs along and driveways across sidewalks, will be collectively referred to as the
"improvement.'
D. "Maintenance" or "maintain" means the removal and disposal of debris, litter, and
vegetation, snow, ice, and mud which tends to impair use of the right-of-way for public
purposes.
E. "Public Works Director" means the director of the public works department, or his or
her designee.
F. "Sidewalk" includes any structures or forms of street improvement included in the
space between the street margin and the roadway known as the sidewalk area, and also
includes any walkways, structure or form of street improvement designed and intended for
use by pedestrians.
G. "Street" means any street, boulevard, lane, avenue, alley, square, road, drive, or
public walkway.
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12.12.020 Scope. This chapter shall not be construed as repealing or amending any
provision of the Street Standards Ordinance, PTMC Chapter 12.04, any other laws or city
ordinances relating to construction, reconstruction and repair of sidewalks, gutters and curbs
along driveways across sidewalks, or any provision relating to the improvement of streets or
public ways .by special assessments commonly known as local improvement laws, but shall
be considered as additional and ancillary legislation. The procedures set forth in this chapter
shall apply only where the sidewalk improvement is not required by other ordinances of the
city, including, but not limited to, the street standards ordinance, Chapter 12.04, PTMC, the
SEPA ordinance, Chapter 19.04, the Subdivision ordinance, Title 18 PTMC, or any zoning
laws of the city of Port Townsend.
12.12.030 Adjoining property owners/occupants to clean sidewalks. It shall be the
responsibility of every occupant or owner of property abutting upon a public sidewalk to
maintain the sidewalk at all times in a condition that is fit and safe for purposes of public
travel and is free of any and all obstructions or defects, including, but not limited to, snow,
ice, .and mud.
12.12.040 Standards for sidewalk construction. All sidewalks constructed, maintained,
reconstructed, repaired or improved shall conform to established grade, materials and
standards established by the city, shall conform to ADA criteria for new or reconstructed
sections, and shall be-subject to approval by the public works director. Information
concerning grade, materials and standards shall be available to property owners on request.
Article II. Sidewalk Construction - Responsibility and Process
12,12.050 Owner's responsibility to construct sidewalks. Pursuant to Chapter 35.70
RCW, as now or later amended, the burden and expense of constructing sidewalks along the
side of any street or other public place shall devolve upon and be borne by the directly
abutting property. The city may charge such property with all costs of construction of any
form of sidewalk improvement, in accordance with the procedures set forth below.
12.12.060 Necessity tO construct. The public works director shall report to the city
council areas where, in his or her judgment, public convenience or safety requires that a
sidewalk be constructed along either side of any street. To the extent possible, the public
works director's report shall be tied to the capital improvement plan process.
12.12,070..Order to construct - Notice. If, upon receiving a report from the public
works director, the city council deems the construction of the proposed sidewalk necessary or
convenient for the public, it shall by an. appropriate resolution, order the sidewalk
constructed. The council shall direct the public works director to serve a written notice upon
the owner of each parcel of land abutting upon that portion and side of the street where the
sidewalk is constructed, requiring the owner to construct the sidewalk in accordance with the
resolution.
12.12.080 Order tO construct - Requirements. The resolution and notice and order to
construct a sidewalk shall:
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A. Describe each parcel of land abutting upon that portion and side of the street where
the sidewalk is ordered to be constructed;
B. Specify the kind of sidewalk required, its size and dimensions, the method and
material to be used in the construction;
C. Contain a cost estimate; and
D. State that unless the sidewalk is constructed in compliance with the notice and
within areasonable time as specified, the city will construct the sidewalk and assess the cost
and expense against the abutting property described in. the notice.
12.12.090 Order to construct - Serving of notice. The notice'shall be served:
A. By delivering a copy to the owner or reputed owner of each parcel of land affected,
or to the authorized agent of the owner(s); or
B. By leaving a copy at the usual place of abode of such owner in the city with a
person of suitable age and discretion residing therein; or
C. By leaving a copy with an agent of the owner(s) authorized to collect rentals on
such parcel of land; or
D. If the owner is a nonresident of the city and his or her place of residence is known,
by mailing a copy to the owner addressed to his or her last known place of residence; or
E. If the place of residence of the owner is unknown or if the owner of any parcel of
land affected is unknown, by publication in the official newspaper of the city, once a week,
for two consecutive weeks. The notice shall specify a reasonable time within which the
sidewalk shall be constructed which, in the case of publication of the notice, shall be not less
than 60 days from the date of first publication of such notice.
12,12,100 Notice - Noncompliance - Action by city - Assessment. If the notice and
order to construct a sidewalk is not complied with within the time specified, the public works
director shall proceed to construct the sidewalk and shall report to the city council at its next
regular meeting, or as soon after as is practicable, an assessment roll showing each parcel of
land abutting upon the sidewalk, the name of the owner, if known, and apportion the cost of
the improvement to be assessed against each parcel of such land.
12,12.110 Assessment - Hearing - Notice. Upon action by the public works director set
forth in Section 12.12.100 above, the council shall set a date for heating any protests against
the proposed assessment roll and give notice of the time and place of the heating. Such
notice shall be published once a week for two successive weeks in the official newspaper of
the city, and the date of the hearing may not be less than 30 days from the date of the first
publication of the notice. At the heating or at any adjournment of the hearing, the city
council shall, by ordinance, assess the cost of constructing or repairing the sidewalk against
the abutting property in accordance with the benefits to the property.
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12,12.120 Assessment - Collection. The assessments shall become a lien upon the
respective parcels of land and shall be collected in the manner provided by law for the
collection of local improvement assessments and shall bear interest at the rate of six percent
(6%) per annum from the date of the approval of the assessment.
Article HI. Sidewalk Maintenance and Repair/Reconstruction/Construction
12.12.130 Authority to c0nstr~jct improyements of sidewalks, gutters, curbs and
driveways. Pursuant to Chapter 35.69 RCW, as now or later amended, the duty, burden and
expense of maintaining, repairing sidewalks, reconstructing or constructing sidewalks less
than. one block in length (collectively referred to as "improvements"), shall devolve upon the
property directly abutting the sidewalk as set forth in Sections 12.12.140 through 12.12.190
of this chapter; provided, that such abutting property shall not be charged with any costs of
construction or reconstruction under such sections in excess of 50 percent of the valuation of
the abutting property, exclusive of improvements thereon, according to the valuation last
placed upon it for purposes of general taxation.
12.12.140 Unfit Sidewalk - Resolution ordering improvements. Whenever a portion of a
street, not longer than one block in length, is not improved by the construction of a
sidewalk, or whenever a sidewalk or portion of a sidewalk has become unfit or unsafe for
travel and the city council by resolution finds that the improvement of the sidewalk is
necessary for public safety and convenience, the city may require the owner of the property
directly abutting upon such portion to perform the necessary improvements.
12.12.150 Resolution - Notice. The resolution shall direct the public works director to
notify the abutting owner(s), instructing the owner to construct the improvements on such
portion in accordance with the plans and specifications which shall be attached to such
notice. The notice shall further:
A. Specify a reasonable time within which the work shall be commenced and
completed.
B. State that if the improvements are not completed within the time specified that the
city public works department will perform and complete the improvements and assess the
costs against the abutting property owner.
C. State that if the city performs the improvements the public works director shall,' at a
fixed date specified in the notice, report to the city council an assessment roll showing the lot
or parcel of land directly abutting on the portion of the street so improved, the cost of the
improvement, and the name of the owner, if known.
D. State that at the time specified in the notice the time the council will hear any and
all protests against the proposed assessment; provided however, that the hearing may be
postponed from time to time to a definite date until the hearing is held.
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12,12.160 Service of notice. The notice provided for in Section 12.12.150 shall be
deemed sufficiently served as follows:
A. If delivered in person to the owner; or
B. If left at the home of the owner with a person of suitable age and discretion residing
therein; or
C. If left with an agent of the owner authorized to collect rentals on such property; or
D. If the owner is not a resident of the state of Washington, by mailing a copy to his or
her last known address; or
E. If the owner is unknown or his or her address in unknown, by posting a copy in a
conspicuous place at such portion of the street where the improvement is to be made.
12,12.170 Assessment r011 showing costs - Notice. Upon the expiration of the time fixed
for completion of the improvements by the abutting owner, if the owner has failed to
perform such work, the public works department may proceed to perform the work and the
public works director shall, within the time fixed in the notice, report to the city council an
assessment roll showing the lot or parcel of land immediately abutting on that portion of the
sidewalk so improved, the cost of the work and the name of the owner, if known.
The city clerk shall give notice to the owner or owners at least ten days before the
meeting of the city council that the roll has been filed with the city treasurer. Proof of
publication of the resolution ordering improvements and the mailing of the notice(s) to
abutting property owner(s) shall be filed with the city clerk prior to the hearing on the
proposed assessments.
12.12.180 Assessment of abutting property for sidewalk improvements - Hearing. The
council shall at the time designated in the notice, or at an adjourned time or times, hear any
and all protests against the proposed assessments, and assess the costs of such work against
the property, based to the extent necessary on benefits derived to the property from the
improvements, and shall fix the time and manner for payment. This action may be taken by
resolution adopted in the usual manner.
12.12.190 .Collection of assessments. The amount of the assessment, including interest,
if any, shall become a lien against the described property from the date of the filing of the
assessment roll with the city treasurer. The lien shall be collected in the manner as is
provided by law for collection of local improvement districts.
12.12.200 Authority to proceed under Chapter 35.68 RCW. Sections 12.12.130 through
190 of this chapter are adopted pursuant to the authority granted in Chapter 35.69 RCW. As
an alternative method of construction, reconstruction improvement or repair of sideWalks, the
city, in its discretion, may follow the procedures required for mandatory assessment set forth
in Chapter 35.68 RCW, as now or later amended, which are adopted by reference.
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12,12.210 Curb ramps for physically handicapped - Standards and requirements.
A. The standard for construction on any city street, for which curbs in combination
with sidewalks, paths, or other pedestrian access ways are to be constructed, shall be not less
than two ramps per lineal block on or near the crosswalks at intersections. Such ramps shall
be at least 36 inches wide and so constructed as to allow reasonable access to the crosswalk
for physically handicapped persons, without uniquely endangering blind persons.
B. Standards set for curb ramping under subsection A of this section shall not apply to
any curb existing upon enactment of this section but shall apply to all new curb construction
and to all replacement curbs constructed at any point in a block which gives reasonable
access to a crosswalk.
C. Every ramp constructed under subsection A of this section, which serves one end of
a crosswalk, shall be matched by another ramp at the other end of the crosswalk. However,
no ramp shall be required at the other end of the crosswalk if there is no curb nor sidewalk
at the other end of the crosswalk, nor shall any matching ramp constructed pursuant to this
subsection require a subsequent matching ramp.
D. This section shall be supplemented and ancillary to all other state federal law,
including the Americans With Disabilities Act, relating to sidewalk standards for access by
the physically handicapped, as those laws currently exist or are later amended.
12.12.220 City participation in voluntary improvements.
A. Voluntary Improvements. The provisions of this chapter shall not apply to
individual improvements undertaken voluntarily by an abutting property owner at his/her own
expense, provided that such owner secures necessary permits prior to constructing the
improvements and conducts and completes the improvement under the supervision of the
public works department.
B. City discretionary contribution.
1. Where the property owner desires to remove and replace an existing sidewalk,
the city may, in its discretion, participate on a 50-50 basis sharing the cost of removal and
replacement, depending on funds available and the ranking of the repair on a priority basis,
pursuant tO subsection (4) below. In general, the repair of existing failed sidewalks shall
have priority over a similarly ranked new project.
2. If the property owner desires to participate in the removal and replacement of
the po. or sidewalk and public works funds are not available to participate on a 50-50 basis,
then the public works department may remove the existing sidewalk material, if the owner
will install the new sidewalk to city specifications.
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3. If a sidewalk repair involves city action ordering the property owner to repair
the sidewalk, all costs associated with that work shall be borne by the property owner, in
accordance with the provisions of this chapter.
4. Sidewalk Comparison Rating form. The public works department shall
formulate a Sidewalk Comparison Rating form which is to be used whenever it is necessary
to rank sidewalks for repair, maintenance, and new construction. This process shall be used
as necessary, based upon requests by property owners. The work accomplished during any
particular year shall be subject to the available funding from the city council.
(Ord. ~ §1, 1995.)
Section 2. Severability. If any clause, sentence, paragraph, section, or part of this
ordinance (chapter) or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this ordinance (chapter). To
this end, the provisions of each clause, sentence, paragraph, section or part of this law are
declared severable.
This Ordinance shall become effective five days after passage and publication as provided
by law.
Read for the first, second and third ti
Port Townsend, Washington, at a re meetin
by the City Council of the City of
held this 7th day of August, 1995.
Attest:
dt, Acting City Clerk
Ti~h°tl~/~' II
08/02/9[[/[95 -'~ §CA{Ord\side 1212.doc}
!M{than, 'City Attorney
J Mayor