Ordinance 31160006.190.009
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09/26/96
ORDINANCE NO. 3116
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
BY REENACTING FORMERLY ADOPTED PROVISIONS
OUTLINING THE RESPONSIBILITIES OF ABUTTING
PROPERTY OWNERS TO MAINTAIN REPAIR AND
RECONSTRUCT PLANTING STRIPS AND TRANSITION
STRIPS AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, on July 2, 1996, the Edmonds City Council adopted amendments to
Chapter 9.20 ECC Sidewalk Construction; and
WHEREAS, in adopting these amendments, former Schedule I to ECC 9.20.050
and ECC 9.20.060 and ECC 9.20.070 were inadvertently repealed by the amendments, and
WHEREAS, it was not the intent of the Edmonds City Council to repeal these
provisions, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECC 9.20.050 is hereby amended as follows:
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 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:
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follows:
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;
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; and
6. The west side of 76th Avenue West adjacent to Lots 4
through 8, plat of Helen McKinley Park.
Section 2. A new section 9.20.060 is hereby added to the ECC to provide as
9.20.060 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. Nonliving 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 hazard to the persons using
the sidewalk or street or crossing the 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.
143700 -2-
follows:
Section 3. A new Section 9.20.070 is hereby added to the ECC to provide as
9.20.070 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.
Nonliving 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 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 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
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; and
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6. The west side of 76th Avenue West adjacent to Lots 4
through 8, plat of Helen McKinley Park.
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.
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 09/21/96
PASSED BY THE CITY COUNCIL: 10/01/96
PUBLISHED: 10/06/96
EFFECTIVE DATE: 10/11/96
ORDINANCE NO. 3116
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SUMMARY OF ORDINANCE NO. 3116
of the City of Edmonds, Washington
On the 1 st day of October , 199 6 , the City Council of the City of Edmonds,
passed Ordinance No. 3116 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 REENACTING FORMERLY ADOPTED PROVISIONS
OUTLINING THE RESPONSIBILITIES OF ABUTTING PROPERTY OWNERS TO
MAINTAIN REPAIR AND RECONSTRUCT PLANTING STRIPS AND TRANSITION
STRIPS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of Ontnher , 199 6 _
4'� gd Ar'�
CITY CLERK, SANDRA S. CHASE
STATE Or WASHINGTON,
COUNTY Or SNOHOD&ISH,
SUM ARY OF
ORDINANCE NO. 3116
of the City Of
Edmonds, Washington
On the tat day of October,
1996, the City Council of the
City of Edmonds passed Or-
dinanca No: 3116. A summary
of the content of said ordr-
nance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE
INI F EGTONAMENDING �WA
THE
EOMONlSS CITY CODE BY
iREENACTING FORMERLY
ADOPTED PROVISIONS OUT -
LINING THE RESPONSIBILIT-
IES OF ABUTTING PRO -
PERTY OWNERS TO
MAINTAIN REPAIR AND RE-
CONSTRUCT PLANTING
STRIPS AND TRANSITION
STRIPS AND FIXING A TIME
WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordi-
nance will be mailed upon
request.
DATED this 2nd day of
October, 1996,
SANDRA S. CHASE
City Clerk
Published: October 6, 1996.
8 -2 -1
I m
Affidavit of Publication
RECEIVED
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. 3116
..........................°-•---------°---....---.....----.......---°----.......................... ...............................
.................................................................................................... ............................... ...
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:
October 6, 1996
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......................................................................................................................................
and that said newspaper was regularly distributed to. its subscribers
during all of said period.
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.......... � .••.- ........ . ......
Principal Clerk
Subscribed and sworn to before me this ........... 8th
day of.. .... October ............................ 19....96
ot-a Public in and for the Sta e o Washington,
residing at Everett, Snohomish .. oun y.
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