Ordinance 1710ORDINANCE NO 1710
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING AND ADDING TO CHAPTER 7.20 OF THE EDMONDS
CITY CODE, DELINEATING REQUIREMENTS FOR MAINTENANCE,
REPAIR AND RECONSTRUCTION OF PUBLIC SIDEWALKS,
PLANTING STRIPS AND TRANSITION STRIPS IN SAID CITY,
AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
WHEREAS, providing for the maintenance, repair and
reconstruction of public sidewalks, planting strips and tran-
sition strips is necessary for the protection of the public
health, safety and welfare of the residents of the City of
Edmonds, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 7.20.010 of the Edmonds City Code is
hereby amended to read as follows:
Section 7.20.010 Definitions. For the purpose
of Chapter 7.20, certain words and terms used
herein are defined as set forth below:
1. CONCRETE CURBS AND GUTTERS -- shall mean that
portion of the edge of the roadway constructed
to city standards (Standard Specifications for
Municipal Public Works Construction, 1969) with
the curb 6 inches in height and the gutters
varying from 12 inches to 18 inches in width.
2. MAINTENANCE -- shall mean the removal and
disposal of debris, litter and vegetation which
tends to impair the utilization of the right-
of-way for public purposes and the removal of
ice and snow from sidewalks.
3. PLANTING STRIP -- shall mean that portion of
the right-of-way between the outside of the
curb and the inside of the sidewalk.
4. RECONSTRUCTION -- shall mean the removal and
disposal of broken, cracked, raised or sunken
portions of the sidewalk, or broken, cracked
or dislodged portions of retaining walls and
rockeries lying within the right-of-way, and
replacement of the removed sections with
materials to match the portion on either side
of the removed section in accordance with City
Standards.
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5. REPAIR -- shall mean the removal and/or
patching of small damaged portions of side-
walks, retaining walls or rockeries lying
within the right-of-way, and planting strips
and transition strips with like materials,
each such damaged portions not exceeding
150 square inches in area. Damaged portions
exceeding 150 square inches in area shall be
classified as reconstruction.
6. SIDEWALK -- shall mean all hard -surfaced walk-
ways constructed to City Standards within City
right-of-way and does not include curbs or gutters.
7. STREET -- shall mean street, boulevard, lane,
avenue, way, alley, square, road, drive, place or
public walkway.
8. TRANSITION STRIP -- shall mean that portion of
the right-of-way between the outside of the
sidewalk and the abutting property line; or,
where no sidewalk exists, that portion of the
right-of-way between the outside of the curb
and the property line; or where no curb or
sidewalk exists, that portion of the right-of-
way between the edge of the roadside ditch or
the shoulder of the road, whichever is closer
to the abutting property line, and the abutting
property line.
Section 2. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.050 which shall read as
follows:
Section 7.20.050 Responsibility and Duty to
Repair, Maintain 'and Reconstruct Sidewalk. It
shall be the responsibility and duty of the
abutting property owner to maintain, repair,
and reconstruct sidewalks adjacent thereto.
Provided, however, the City of Edmonds shall
maintain, repair and reconstruct sidewalks
adjacent to double -fronted lots along the
higher classified arterials at the locations
set forth on the following Schedule I:
Schedule I
1. The west side of 100th Avenue West
adjacent to Lots 3 through 9 of the
plat of Sea Crest.
2. The west side of 100th Avenue West
adjacent to Lots 14, 15 and 16, Plat of
Michielli Park.
3. The west side of 100th Avenue West
adjacent to Lots 3, 4, 6 and 7, Plat
of Twin View Estates, Division 2.
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4. The east side of 100th Avenue West
adjacent to Lots 1 through 7, Plat of
Twin View Estates, Division A.
5. The west side of 76th Avenue West
adjacent to Lots 23 through 32, Plat
of Dellwood Village.
6. The west side of 76th Avenue West
adjacent to Lots 4 through 8, Plat of
Helen McKinley Park.
Section 3. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.060 which shall read as
follows:
Section 7.20.060 Responsibility and Duty to
Maintain, Repair and Reconstruct Planting Strips.
It shall be the responsibility and duty of the
abutting property owner to maintain, repair and
reconstruct adjacent planting strips in an
attractive and safe manner. Planting strips shall
be maintained, repaired or reconstructed with an
approved material and free of vegetation which
tends to impair the utilization of the right-of-way
for public purposes. Non -living material shall be
level with the top of the curb and the sidewalk and
shall be contained within the planting strip so as
not to be a hazard to the persons using the sidewalk
or street or crossing said strip going to or from a
vehicle. Living vegetation exclusive of street trees
placed in the planting strip shall be of a height
that does not interfere with the lawful and safe
use of the public right-of-way and shall be maintained
by weeding, spraying, fertilizing, watering and
trimming. Approval shall be obtained from the City
Engineer prior to the installation of materials within
the planting strip.
Section 4. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.070 which shall read as
follows:
Section 7.20.070 Responsibility and Duty to
Maintain, Repair and Reconstruct Transition Strips.
It shall be the responsibility and duty of the
abutting property owner to maintain, repair and
reconstruct adjacent transition strips in an
attractive and safe manner, free of vegetation which
tends to impair the utilization of the right-of-way
for public purposes. Non -living material shall be
contained within the transition strip so as not to
be a hazard to the persons using the sidewalk or
street. Living vegetation placed in the transition
strip shall be maintained by weeding, spraying,
fertilizing, watering and trimming. The abutting
property owner shall maintain, repair and reconstruct
rockeries and retaining walls within the transition
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strip; provided, however, the City of Edmonds
shall repair and reconstruct all rockeries and
retaining walls constructed under street projects
which exceed an average height of six (6) feet as
measured from the base of the retaining wall or
rockery; provided, however, the City of Edmonds shall
maintain, repair and reconstruct transition strips
adjacent to double -fronted lots along the higher
classified arterials at the locations set forth on
the following Schedule II:
Schedule II
1. The west side of 100th Avenue West
adjacent to Lots 3 through 9 of the plat
of Sea Crest.
2. The west side of 100th Avenue West adjacent
to Lots 14, 15 and 16, Plat of Michielli
Park.
3. The west side of 100th Avenue West adjacent
to Lots 3, 4, 6 and 7, Plat of Twin View
Estates, Division 2.
4. The east side of 100th Avenue West adjacent
to Lots 1 through 7, Plat of Twin View
Estates, Division A.
5. The west side of 76th Avenue West adjacent
to Lots 23 through 32, Plat of Dellwood
Village.
6. The west side of 76th Avenue West adjacent
to Lots 4 through 8, Plat of Helen McKinley
Park.
Section 5. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.080 which shall read as
follows:
Section 7.20.080 Procedures and Methods for
Maintenance, Repair and/'or Reconstruction;
Apportionment of Costs. The Public Works
Department, upon receiving notice of sidewalks,
planting strips or transition strips in need
of maintenance, repair or reconstruction,
shall mail a notice together with a cost
estimate for said work to the abutting property
owner and person residing on the abutting
property. The notice shall be deemed received
3 days after mailing. The notice shall advise
said persons that they shall complete arrange-
ments to accomplish the work indicated within
45 days of receipt of the notice or the city may
cause said work to be accomplished and all or a
portion of said costs to be charged against said
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persons and said property in accordance with the
procedures set forth in RCW Chapter 35.68.
With respect to reconstruction of sidewalks, the
City shall participate in the cost of said recon-
struction on the following basis:
1. Sidewalks requiring reconstruction within
five (5) years from the date of acceptance
of completion of said construction work by
the City of Edmonds shall be reconstructed
on the basis of 100% contribution by the City.
2. Sidewalks in need of reconstruction more than
five (5) years after the date of acceptance
of completion of said construction by the
City of Edmonds but less than ten (10) years
after said date, shall be reconstructed on
the basis of 50% contribution by the City and
50% contribution by the abutting property
owners deemed to be deriving benefit therefrom.
3. Sidewalks in need of reconstruction more than
ten (10) years after the acceptance of said
construction by the City shall be reconstructed
solely at the cost of the abutting property
owners benefitted thereby.
Provided, however, in the event that the reconstruction
referred to in any of the subparagraphs hereinabove is
necessitated as a direct or proximate result of an act
or omission of the abutting owner or owners, said acts
including the upheaval of said sidewalks by tree roots
or other vegetation planted by said owners or their
predecessors in interest, or the driving of heavy equip-
ment over and upon said sidewalk shall be repaired or
reconstructed in the manner provided in this section
solely at the cost of the abutting owner or owners
benefitted thereby.
In the event any such reconstruction or repair is made
necessary by an act or omission of any third party,
the City shall have the right to institute a civil
action against said third party for all costs incurred
and attendant to such reconstruction and/or repair.
Provided, further, however, that the cost of recon-
struction of any sidewalk required to be reconstructed
pursuant to Section 11.02.025 (f) of the Edmonds City
Code, shall be borne solely by the abutting property
owner without contribution from the City of Edmonds.
Section 6. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.090 which shall read as
follows:
Section 7.20.090 Enforcement Responsibility. The
City of Edmonds Director of Maintenance and Opera-
tions, Public Works, shall be charged with the
enforcement of this ordinance.
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Section 7. There is hereby added to Chapter 7.20 of the
Edmonds City Code a new Section 7.20.100 which shall read as
follows:
Section 7.20.100 Penalties. Failure of the
abutting property owner to maintain, repair or
reconstruct adjacent sidewalks, planting strips
and transition strips is hereby declared a
public nuisance. Any abutting property owner
failing to abate said nuisance within 45 days
of notice of the same shall be subject to a fine
of up to $250.00 for each offense. The Court
hearing violations of this chapter may consider
each day the abutting owner fails to abate such
a nuisance as a separate violation.
Section 8. There is hereby added to Chapter 7.20 of
the Edmonds City Code a new Section 7.20.110 which shall read
as follows:
Section 7.20.110 Severability. If any clause,
paragraph or section hereof shall be judged
invalid for any reason, such adjudication shall
not affect any other clause, paragraph or section
not so adjudicated, it being hereby declared that
this chapter would have been enacted irrespective
of the fact that any portion be declared unlawful.
APPROVED:
MAYOR
ATTEST:
PASSED BY THE CITY COUNCIL: May 21, 1974
FILED WITH THE CITY CLERK: May 9, 1974
PUBLISHED: May 29, 1974
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