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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. -1- 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. -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 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 -3- 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 -4- 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. -5- 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 Q-m