Loading...
HomeMy WebLinkAbout1975-1832 SIDEWALK RECONSTRUCTION OR REPAIR; PAYMENT BY ADJACENT PROPERTY OWNERS. ORDINANCE NO /6.34.2— AN ORDINANCE relating to streets and sidewalks; authorizing side- walk reconstruction or repair and providing for pay- ment :thereof by adjacent property owners; and amending Section 8.76.040, Subsections 8.76.050 B and 8.76.060 B, and Section 8.76.070, all of the City of Yakima Municipal Code; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 8.76.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.76.040 Sidewalk reconstruction or re,air. 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 Sec- tion 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, or a portion there- of, to be borne by the owners of abutting property pursuant to and in accordance with provisions of this chapter." • Section 2. Subsection 8.76.050 B of the City of Yakima Muni- cipal Code is hereby amended to read as follows: "8.76.050 Resolution of necessity. B. Reconstruction or repair. The City Council, by resolu- tion, 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 auty, burden and expense of reconstruction 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 be assessed, and be required to pay, for only a portion of the cost thereof as may be determined by resolution of the City Council." Section 3. Subsection 8.76.060 B of the City of Yakima Munici- pal Code is hereby amended to read as follows: "8.76.060 Notice to owners--Contents of notice. • B. Contents of notice. The notice shall specify a reasonable time within which such construction, reconstruction 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 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 reconstruct or repair an existing sidewalk and if the City Engineer •has determined that the reconstruction or repair is necessitated by normal deterioration of the 41, 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 less than the full cost of such work as determined by resolution of the City Council." Section 4. Section 8.76.070 of the City of Yakima Municipal Code is hereby amended to read as follows: "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 Section 8.76.060 of this chapter, 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; -2- 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 neces- sitated 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 resolu- tion of the City Council." Section 5. This ordinance Is one to provide for the immediate preservation of the public peace, property, health, safety and wel- fare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PA/SED BY THE CITY COUNCIL, signed and approved of • 5 Mayor 41) ATTEST: C Clerk / • -3-