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HomeMy WebLinkAbout1974-1704 SIDEWALK CONSTRUCTION, RECONSTRUCTION OR REPAIR WITH PAYMENT BY THE ABUTTING PROPERTY OWNER OF SUCH. 'r v ORDINANCE NO. AN ORDINANCE relating to streets and sidewalks; providing for the construction, reconstruction or repair of sidewalk portions by owners of abutting property; authorizing and establishing a procedure for construction, recon- struction and repair of sidewalk portions by the City • with costs assessed to abutting property owners; and enacting Chapter 8.76, "Sidewalk Repair", as a new chapter of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 8.76, "Sidewalk Repair", is hereby enacted as a new chapter of .the City of Yakima Municipal Code which new chap- ter, and its various sections, shall read as follows: "CHAPTER 8.76 SIDEWALK REPAIR 8.76.010 Authority for chapter 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. 8.76.020 Definitions. As used in this chapter, unless a different meaning clearly appears from the context, the follow- ing 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 renair 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. 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 un- improved 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 111 and in accordance with provisions of this chapter. 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 resolution of the Yakima City Council as provided by Section 8.76.050 B of this chapter, 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 to be borne by 410 the owners of abutting property pursuant to and in accordance with provisions of this chapter. 8.76.050 Resolution of necessity. A. Construction. The City Council, by resolution, -2- e f' ti may find that the improvement of a portion of a street by the construction of a sidewalk thereon, as contemplated by Section 8.76.030 of this chapter, is necessary for the public safety and convenience. Upon the adoption of such a resolution, 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 Section 8.76.060 of this chapter. B. , Reconstruction or repair. The City Council, by resolution, may determine that a portion of a sidewalk has become unfit or unsafe for purposes of public travel, as contemplated by Section 8.76.040 of this chapter, and by resolution the City Council may further find that the reconstruction or repair of such sidewalk portion is necessary for the public safety and convenience. Upon the adoption of such a resolution, the duty, burden and expense of reconstructing or repairing 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 Section 8.76.060 of this chapter; 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, the resolution shall further provide that in the event 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, -3- be assessed for only one-half the actual cost of such recon- struction or repair work .as that cost is determined by the City Engineer. 8.76.060 Notice to owners--Contents of notice. A. Notice to owners. Upon the adoption by the City' Council of a resolution as contemplated by Section 8.76.050 of this chapter, a notice shall be 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 non resident 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 a reasonable time within which such construction, recon- struction or repair shall be made, and such notice shall 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, the City will -4- proceed to perform such work under the direction of the City Engineer, either by city forces or by independent contractor, and that the City Engineer 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 recon- struct or repair an existing sidewalk and if the City Engineer has determined that the reconstruction or repair is necessitated by normal deterioration of the sidewalk due to its age, as contemplated by Subsection 8.76.050 B of this chapter, then the notice shall further include a statement to the effect that if the work is performed under the direction of the City Engineer by city forces or by independent contractor, then the assess- ment to the owner will be an amount equal to one -half the actual cost of such reconstruction or repair work as that cost is determined by the City Engineer. 8.76.070 Work by city--Assessment a .. nd 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 Section 8 of this chapter, if the owner has failed to perform such work, the City may proceed to perform the -5- 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 con- sisted 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 an amount equal to one-half the actual cost of such reconstruction or repair work as that cost is determined by the City Engineer. 8.76.080 Limitation of expense to abuttim_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, accord- 411 ing to the valuation last placed upon such property for pur- poses of general taxation. -6- . . . 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 side- walk improvement between the margin of the street and the roadway lying in front of and adjacent to such property." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this .t day of 27/1S, 1974. , Mayor ATTEST: City Clerk • -7-