Ordinance 31010006.190.009
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06/01/96
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ORDINANCE NO. `3101
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
BY REPEALING CHAPTER 9.20 SIDEWALK
CONSTRUCTION AND ENACTING IN ITS PLACE AN
AMENDED CHAPTER ENTITLED SIDEWALK
CONSTRUCTION AND MAINTENANCE, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council deems it to be in the public interest to review and
coordinate the provisions of the City's sidewalk ordinance to provide the fullest liability and
economic protections available at Washington state law for the taxpayers of the City of
Edmonds; and
WHEREAS, the City Council finds that sidewalks constructed through the Local
Improvement District process or by developers as a development requirement are to be
constructed in accordance with specific design standards and in a manner so that they are safe
for the public to use and inspected by the City staff prior to inspection to assure compliance with
such standards; and
WHEREAS, the City Council finds that those who obtain-; permits perform
construction on or near City sidewalks are required to repair any damages to sidewalks caused
by the permit holder, and
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WHEREAS, upon completion of the Local Improvement District work which has
conferred the benefit to the property owners, or acceptance of the development or repairs by a
construction permit holder the directly abutting property owner is responsible for the inspection,
maintenance, cleaning, repair, and /or renewal of the sidewalk; NOW, THEREFORE
WHEREAS, in the 1996 legislative session, the State legislature enacted SSB No.
6093 creating certain limits on abutting property owners' responsibility for construction costs,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 9.20 of the Edmonds City Code is hereby repealed and re-
enacted to read "Sidewalk Construction and Maintenance."
Sections:
9.20.010
Deimitions
9.20.020
Construction or reconstruction of sidewalk
- Abutting property - Expenses chargeable
9.20.030
Notice of work to be done - Assessment procedures
9.20.040
Abutting property
9.20.050
Responsibility and duty to repair, maintain and
reconstruct sidewalk
9.20.090
Enforcement responsibility
9.20.080
Procedures and methods for maintenance, repair
and/or reconstruction
9.20.100
Hazardous conditions on public street right -of-
way
9.20.010 Definitions
For the purpose of this chapter, certain words and terms used are
defined as set forth below:
A: "Concrete curbs and gutters" means that portion of the edge
of the roadway constructed to City standards (Standard
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Specifications for Municipal Public Works Construction, 1977)
with the curb six inches in height and the gutters varying from
twelve inches to eighteen inches in width.
B: "Maintenance" means 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.
C: "Planting strip" means that portion of the right -of -way
between the outside of the curb and the inside of the sidewalk.
D: "Reconstruction" means 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.
E: "Repair" means the removal and /or patching of small
damaged portions of sidewalks, 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 one
hundred fifty square inches in area shall be classified as
reconstruction.
F: "Sidewalk" means all pedestrian structures or forms of
improvement for pedestrians included in the space between the
street margin, as defined by a curb on the edge of the traveled
road surface, and the line where the public right -of -way meets the
abutting property.
G: "Street" means street, boulevard, lane, avenue, way, alley,
square, road, drive, place or public walkway.
H: "Transition Strip" means 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.
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9.20.020 Construction or Reconstruction of Sidewalk - Abutting
Property - Expenses Chargeable
Whenever a portion not longer than one block in length of any
street in the City is not improved by the construction of a sidewalk
thereon, or the sidewalk thereon has become unfit or unsafe for the
purposes of public travel, and such street, adjacent to both ends of
said portion, shall be so improved and in good repair and the City
Council of the City shall, by resolution, find that the improvement
of such portion of such street by the construction or reconstruction
or repair of a sidewalk thereon is necessary for the public's safety
and convenience, the duty, burden and expense of constructing,
reconstructing or repairing such sidewalk shall devolve upon the
property directly abutting upon such portion, pursuant to the
procedures outlined below in Section 9.20.030, provided, that such
abutting property shall not be charged; A. With any costs of
construction, reconstruction or repair under this chapter in excess
of fifty percent of the valuation of such abutting property,
exclusive of improvements thereon, according to the valuation last
placed upon it for the purposes of general taxation; or B. With
costs of reconstruction required to correct deterioration or damage
to the sidewalk that is the direct result of actions by the City or its
agents or to correct deterioration of or damage to the sidewalk that
is the direct result of the failure of the City to enforce its
ordinances.
9.20.030 Notice of Work to be Done - Assessment Procedures
A. Resolution of Intent. Whenever the City Council of the
City wishes to devolve the duty and /or burden and /or expense of
constructing, re- constructing, or repairing a sidewalk, the City
Attorney, along with the City Engineer shall prepare a Resolution
of such intent. The Resolution shall include a preliminary
assessment role identifying the abutting property owners which
may be asked to complete and /or assessed for the cost of said
construction, re- construction, or repairs. The Resolution shall
state whether the abutting property owner is to bear the cost of all
or a specific portion of this work. The Resolution shall also
specify if the owners have the option to complete the work and the
amount of time that the property owners shall have to make the
repairs themselves if they chose to do so. The Resolution shall
also set forth a specific time and date for a Public Hearing on the
Resolution.
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B. Publication and Mailing of Resolution (Final). The City
Clerk shall publish the Resolution for two consecutive weeks and
mail copies of the ,Resolution, preliminary assessment role, and
Hearing Notices to all abutting property owners affected by the
Resolution at least ten (10) days in advance of the Hearing. The
City Clerk shall generate an Affidavit specifying the City Clerk's
compliance with the afore- referenced publication of the Resolution
and mailing of Hearing Notices, assessment role, and Resolution
to abutting owners.
C. Public Hearing. At the scheduled Public Hearing, the City
Council should weigh the Resolution in light of citizen comments
and consider any appropriate changes in the Resolution. Property
owners may assert as a defense on limitation an assessment the
defenses and /or limitations set forth in ECC 9.20.030(A) and (B)
and shall have the burden of establishing such defense and /or
limitation by substantial and competent evidence. Any changes to
the Resolution must be effected by passage of a Motion.
D. Construction, .Re- Construction. Repair of Sidewalks by
Abutting Property. .Owners.s,If as .a .result. of. the hearing;: the .City. -
Council determines to proceed with the improvement(s), the
affected', abutting- property-owners shall be-notified that.theywill.
have up- to the-time specified: in the Resolution -,to complete the
repairs: Such Notice shall state. that in case such-owner shall fail -
to make said construction and /or reconstruction and /or repair
within- such time, the City will "proceed to make the'same through
its Community Services Director, and that said Community
Services Director will report to the City Council, at a subsequent
date to be definitely stated in said Notice, and that an amended
assessment role showing the lot or parcel of land directly abutting
on such portion of such street so improved by the Director, the
cost of such improvement, and the name of the owner, if known,
and that said City Council of the City at the time stated in said
Notice or at the time or times to which the same may be
adjourned, shall meet to hear any and all protests against the
proposed assessment.
E. Second Survey and Report, to City Council. Upon the
expiration of the time fixed within which the owner is required to
construct, to re- construct, or repair such sidewalk, the City
Engineer shall determine which property owners have made the
necessary repairs, and shall remove their names from the
preliminary assessment role. If the owner has failed to perform
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such work, the City may proceed to perform such work, and the
Community Services Director of the City performing such work
shall, within the time fixed in this Notice, report to the said City
Council an assessment role showing the lot or parcel of land
directly abutting such portion of such street so improved, the cost
of such work, and the name of the owner, if known.
F. Creation of Sidewalk Construction Fund. The City
Attorney, along with the City Engineer, may prepare an Ordinance
creating a Sidewalk Construction Fund to complete the
construction, re- construction, or repairs not undertaken by the
abutting property owners pursuant to the' Resolution. The
Ordinance shall include the amended preliminary assessment role
as an attachment.
G. Construction, Re- Construction or Repair of Remaining
Sidewalks. The City Engineer will then call for bids to make
repairs to the remaining sidewalks. The City Council shall award
a contract for the remainder of the repairs and upon completion of
the repairs, the City Engineer shall prepare the final assessment
role and submit the same to the City Council.
H. Assessments Imposed. The City Council of the City shall
pass a Resolution fixing a date for Hearing upon the final
assessment role.
The Resolution shall assess the cost of such improvement against
each abutting property owner 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 is provided
by law for collection of Special Assessments under RCW Chapters
35.68, 35.69, and 35.70.
The City Clerk shall publish the Resolution for two consecutive
weeks and mail copies of the Resolution, preliminary assessment
role, and Hearing Notices to all abutting property owners affected
by the Resolution at least ten (10) days in advance of the Hearing.
The City Clerk shall generate an Affidavit specifying the City
Clerk's compliance with the afore - referenced publication of the
Resolution and mailing of Hearing Notices, assessment role and
Resolution to abutting owners. The City Council shall either
affirm, modify or reject the final assessment role after said Public
Hearing.
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9.20.040 Abutting Property Owner
A.. For the purposes of this chapter, all property having a
frontage upon the side or margins of any street shall be deemed to
be abutting property, and such property shall be chargeable, as
provided by this chapter, for all costs of _construction or
reconstruction or any form of sidewalk improvement between the
margin of said street and the roadway lying in front of and
adjacent to said property.
B. Whenever any public right -of -way in the City shall have
been improved by the construction of a sidewalk along either side
thereof, the duty and expense of the inspection, maintenance,
cleaning, repair and /or renewal of said sidewalk, shall be upon the
owner of the directly abutting property when the sidewalk was
constructed by a developer, local improvement district, or if it was
in place prior to the purchase of the abutting property. When the
sidewalk is located more than two (2) feet above or below the
abutting property, or if the slope of the property immediately
adjacent to the sidewalk exceeds a one -to -one (1:1) ratio, the
erection and /or maintenance of suitable barriers along the outer
margin of the sidewalk shall be upon the owner of the directly
abutting property. If the difference in elevation is the result of a
change in street grade occasioned by any city, county or state
roadway construction, reconstruction, or improvement project,
then in that event said barrier shall be erected or installed as a part
of such project and the cost thereof shall be borne by the project.
The continued maintenance, cleaning, repair and renewal of said
barrier shall be the responsibility of the owner of the directly
abutting property. All such repairs shall be made after application
for and issuance if a proper right -of -way construction permit
therefor, as required by law, and all of such work to be duly
inspected and approved by the City Engineer or designee.
9.20.050 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
thereof; provided, however, the City 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.
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9.20.080 Procedures and Methods for Maintenance, Repair, and /or
Reconstruction - Apportionment of Costs
A. Notice. The City may construct, reconstruct or repair
sidewalks and pay the costs thereof from any available funds, or
the City may require the abutting property owner to construct the
sidewalk improvement at his or her own cost or expense or, in the
alternative, the City may assess all or any portion thereof against
the abutting property owner. In the event the City requests an
abutting property owner to undertake or pay for the improvement,
it shall follow the requests an abutting property owner to undertake
or pay for the improvement, it shall follow the procedures for
resolution, notice and hearing on such improvements as outlined
in chapter 35.68 RCW.
B. Any person desiring to repair, change or relocate any
sidewalk abutting their property shall make application in writing
to the Community Services Department of the City. Such
application shall contain, among others, the exact location of such
proposed change or relocation, the location of any new sidewalk
to be laid and the connections and location of other sidewalks upon
such street; no change or relocation of any sidewalk shall be made
until the issuance of an appropriate permit. Provided, further,
however, that the cost or reconstruction pursuant to Section
19.00.010H of this code, shall be borne solely by the abutting
property owner without contribution from the City.
9.20.090 Enforcement Responsibility
The City Community Services Director shall be charged with the
enforcement of this chapter.
9.20.100 Hazardous Conditions on Public Street Right -of -Way
It shall be unlawful for the owner and /or any person occupying or
having charge or control of any premises abutting upon any public
street right -of -way or alley in the City to construct, place, cause,
create, maintain, or permit to remain upon any part of said right -
of -way located between the curb line, or if there is no curb line,
then between the adjacent edge of the traveled portion of such
right -of -way and the abutting property line, any condition,
structure, or object dangerous or hazardous to the use of said
right -of =way by the members of the general public, including but
not limited to the following conditions:
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A. Defective sidewalk surfaces, including but not limited to
broken or cracked cement concrete, stub -toes, depressions within
or between sidewalk joints.
B. Defective cement concrete surfaces placed adjacent to the
public sidewalk or defects at the juncture between said cement
surfaces and said public sidewalks, including stub -toes or
depressions at said junction.
C. Defects in sidewalks or public ways caused or contributed
to by the roots or trees or similar growth or vegetation located
either on private adjoining property or on the parking strip portion
of any such street right -of -way.
D. Defective conditions caused by tree limbs, foliage, brush,
or grass on or extending over such public sidewalks or rights -of-
way or tree roots extending over such public sidewalks or rights -
of -way.
E. Defective conditions on the parking strip area between the
curb line and the sidewalk or, if there is no curb line, then
between the edge of the traveled portion of the street and the
sidewalk and between the sidewalk and the abutting property line.
F. Defects resulting from accumulation of ice and snow on
public sidewalks or on the right -of -way between the curb line or,
if there is no curb line; then between the adjacent edge of the
traveled portion of the street roadway and the abutting property
line.
G. Defects consisting of foreign matter on the public
sidewalks, including but not limited to gravel, oil, grease, or any
other foreign subject matter that might cause pedestrians using said
sidewalk to fall, stumble, or slip by reason of the existence of such
foreign matter.
H. Defective handrails or fences or other similar structures
within or immediately adjacent to said right -of -way area.
I. Property Owner Liable. In the event of any injury or
damage to any persons and /or property proximately caused by the
defective, dangerous or hazardous condition of any sidewalk as
herein before specified, or by the presence of accumulation of ice
or snow thereon, or by lack of proper guards or railings on or
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along the property abutting on any public way, then the abutting
property owner where such injury or damage occurs shall be liable
therefore including liability to the City for all damage, injury,
costs, and disbursements including Court costs and attorney's fees,
which the City may be required to pay or incur to any person
injured or property damage as aforesaid. Provided, no claim shall
be paid by the property owner unless by agreement of the parties
to such actions or after a judgment is entered by a court of
competent jurisdiction. Provided further, this ordinance shall not
be interpreted to require indemnification from the property owner
for injury or damage to any persons and /or property which is the
result of the sole negligence or fault of the City.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
�f
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 06/28/96
PASSED BY THE CITY COUNCIL: 07/02/96
PUBLISHED: -07 / 17 /96
EFFECTIVE DATE: 07/22/96
ORDINANCE NO. 3101
133854.10 -11-
SUMMARY OF ORDINANCE NO. 3,101.
of the City of Edmonds, Washington
On the 2nd day _of Jul v , 199 6 , the City Council of the City of Edmonds,
passed Ordinance -No. 3 } A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN .ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS CITY CODE BY REPEALING CHAPTER 9.20 SIDEWALK CONSTRUCTION
AND ENACTING IN ITS PLACE AN AMENDED CHAPTER ENTITLED SIDEWALK
CONSTRUCTION AND MAINTENANCE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of July , 199 6
_ Qj(.
CITY CLERK, SANDRA S_.. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHONISH,
3101
On the 2nd day °o( July,
1996, the City Council of the
City of Edmonds, passed
Ordinance No. 3101. A sum -
mary of the-content of said
ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE
CITY OF EDMONDS, WASH-
INGTON, AMENDING THE
EOMONDS CITY CODE BY
CONSTRUCTION ANFUN- I
TENANCE, AND FIXING A
TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordi•'
nance will be mailed upon
reqt.
DuesATED this 3rd day of July_
1996.
SANDRA S. CHASE
City Clerk
Published: July 17, 1996.
B -2 -1
Affidavit of Publication
RECEIVED
JUL 2 2 1996
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3101
.............................. ....................................................................•-.-- ----..............- ---------•-.
......................... ...... ° ---......... ............................... • ----.......... --- -----•..................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
July 17, 1996
........................................................................................ .......................... . . . .• • - - --
.............................
its subscribers
............ ..... .. ...... .• --
Principal Clerk
Subscribed and sworn to before me this ............ 17th
day...................... July'... .......................... - - - -- 19....96
................... ...... A. ........... . .. ...bsh
Notary Public in and for of Washington,
residing at Everett, Snoho unty.
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