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HomeMy WebLinkAboutORD 5809 CITY OF RENT�N, WASHINGTON ORDiNANCE N0. 5809 AN C}RDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEA�ING CHAPTER 8, SiDEWACK CUNSTRUCTION, OF TITLE IX (PUBLlC WAYS AND PROPERTY) OF THE RENTt�N MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 9-8, "SIDEWALK MAINTENANCE AND CCtNSTRUCTION." WHEREAS, maintenance and repair of sidewalks are an element of public safety; and WHEREAS, abutting property owners are respansible for the maintenance and repair of the sidewalks adjoining their properties; and WHEREAS, abutting praperty owners do nat always repair hazardous sidewalks in a timely fashion; and WHEREAS, the City of Rentan is a non-charter cade city with many financial responsibilities; and WHEREAS, the City has iimited resources to devote to sidewalk maintenance and repair within its budget; and WHEREAS, the City Council is exercising its discretionary (egislative authority to devote what resources it deems advisable taward the maintenance and repair of the City's sidewalks; and WHEREAS, the City Councif has determined tha# the City shall allocate those resaurces by creating a Sidewalk Rehabilitation and Replacement Program; and WHEREAS, the Sidewalk Rehabiiitation and Replacement Program is designed to maintain and repair those sidewalks determined by the City Council ta be in greatest need of rehabilitatian; 1 ORDINANCE N0. 5809 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of the Renton Municipal Code, is hereby repealed in its entirety and replaced with a new Chapter 9-8, entitled "Sidewalk Maintenance and Construction," to read as follows: CHAPTER 8 SIDEWALK MAINTENANCE AND CONSTRUCTION SECTION: 9-8-1: Definitions 9-8-2: Abutting Property Owner's Responsibility 9-8-3: Expense Of Construction, Repair And Maintenance 9-8-4: Procedure To Order Construction Or Repair 9-8-5 Hazardous Conditions Of Sidewalk 9-8-6: Indemnification 9-8-1 DEFINITIONS: A. Abutting Property Owner: The owner, or person in charge, of real property having frontage on the margin of any street, public place, or where sidewalk exists or is required to exist. B. Administrator: For the purposes of this Chapter, the Administrator of the Public Works Department, or designee, unless otherwise stated. C. Sidewalk: All structures or forms of improvement for pedestrians included in the space between the street margin, as defined by a curb or the edge of the 2 ORDINANCE N0. 5809 traveled road surface, and the line where the public right-of-way meets the abutting property. D. Sidewalk Improvement: Any construction, reconstruction, or repair made to a sidewalk. E. Sidewalk Maintenance: 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. F. Sidewalk Reconstruction: 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. G. Sidewalk Repair: The removal, replacement, and/or grinding and patching of small damaged portions of sidewalks, retaining walls or rockeries lying within the right-of-way with like materials. Repair of damaged portions exceeding ten (10) linear feet shall be classified as reconstruction. 9-8-2 ABUTTING PROPERTY OWNER'S RESPONSIBILITY: It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or hazardous conditions, including but not limited to ice, snow, vegetation, loose dirt, rocks and debris. 9-8-3 EXPENSE OF CONSTRUCTION, REPAIR AND MAINTENANCE: 3 ORDINANCE NO. 5809 A. Responsible Partv: The burden and expense of maintaining sidewalks shall devolve upon and be borne by the owner of the property directly abutting the sidewalk; the property owner shall be responsible only for the sidewalk abutting his or her property. The abutting property owner shall be responsible for performing and paying for sidewalk construction and repairs, unless such improvements are part of a program approved and funded by the City Council. The abutting property owner shall be responsible for performing and paying for sidewalk reconstruction upon a written finding adopted via resolution that a current or past owner caused the hazardous condition(s) defined by section 9-8- 5, Hazardous Conditions of Sidewalk. An abutting property owner shall not be charged with the costs of reconstruction if the reconstruction is 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. The abutting property owner shall be liable for the costs of repair, to the extent permitted by Chapter 35.68 RCW. B. Sidewalk Barriers: When the sidewalk is located more than two feet (2') 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 the responsibility of the owner of the directly abutting property. If the difference in elevation is the result of a change in street grade 4 ORDINANCE N4. 5809 occasioned by any city, county or state raadway construction, reconstructian, or improvement praject,then in that event said barrier shail be erected or instailed as a part of such project and the cost thereaf shaN be included in the project. The subsequent maintenance, cleaning, repair and renewal af said barrier shail be the responsibility of the owner of the directly abutting property. All such repairs shall be made after application for and issuance af a proper right-of-way canstruction permit therefor, as required by law, and aA of such work to be duly inspected and approved by the Administrator. 9-8-4 PRQCEDURE TO ORDER CONSTRUCTIC?N OR REPAIR: A. Sidewalk Repair: Sidewalk repair may be performed by the Maintenance Services Division through the Sidewalk Rehabilitation and Replacement Program on an as-needed basis to improve pedestrian safety and remove tripping hazards. Temporary repairs such as grinding or installing asphalt patches may be used. Work conducted under the Sidewalk Rehabilitation and Replacement Program is performed at the discretion of the Administrator until budgeted resources are depleted, and does not require a biennial repart to the Gty Counci! ar City Council resolution. B. Biennial Repart to Council: If, in the judgment of the Administrator, pubiic convenience or safety requires that a sidewaik be constructed, reconstructed, or repaired, such determinatian shali be reported ta the City Council on a biennial basis in canjunction with a proposed resofution. The resolution shall specify the location(s) and length(s� of sidewalk to be constructed, reconstructed, or 5 ORDINANCE NO. 5809 repaired based upon the Administrator's assessment of documented hazardous sidewalk, the severity of those hazardous conditions, the cost of making improvements, and available budgeted funds. C. Cost of Improvements: If upon receiving a report from the Administrator, the City Council, in its discretion, deems the construction, reconstruction, or repair of such sidewalk necessary for public convenience or safety, the City Council may then order such work to be performed. The City may participate in the cost of engineering, when required, removal of vegetation, placing topsoil, bankrun gravel, drains, or other materials. In the case of corner lots, the City may pay the full cost of the sidewalk aprons and the curb around the radius from back of walk to back of walk. The City may also pay the full cost of replacing defective alley crossings. The City may construct, reconstruct or repair sidewalks and pay the costs thereof from any available budgeted funds in such amounts as the City Council, in its discretion, may determine, or the City may require the abutting property owner to construct the sidewalk improvement at his or her own cost or expense; alternatively, the City may assess all or any portion thereof against the abutting property owner in accordance with Chapter 35.68 RCW. In the event the City 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. The Administrator is authorized to enter into agreements with owners of abutting property for the repair of any sidewalk or curb determined defective or 6 ORDINANCE NO. 5809 hazardous as herein defined. The agreements shall define the extent of costs involved and the amount, if any, to be contributed by the City and the property owner. D. Citizen Requests: Any person requesting the City to construct, reconstruct, or repair sidewalk shall make requests in writing to the Maintenance Services Division of the Public Works Department. Such requests shall accurately identify the abutting property, those portions of the right-of-way sought to be improved, and photographic documentation of the conditions if requested by the City. On a biennial basis the Administrator shall prepare a report that assesses requests submitted during the previous two (2) years, make a determination of improvements necessary or convenient for the public health, safety or welfare, and determine the priority among other sidewalk improvement requests and City projects with respect to the conditions of the sidewalk, estimated cost of improvements, available City resources, and other factors promulgated by the Administrator or City Council. E. Sidewalk Construction by Property Owner: Any person desiring to construct, reconstruct, repair, alter or relocate any sidewalk abutting their property shall submit a complete application in writing to the Development Services Division of the Department of Community and Economic Development. No change or relocation of any sidewalk shall be made until the issuance of an appropriate permit. 7 �RDINANCE N0. 5809 F. Sidewalk Standards: Sidewalks shall be designed and canstructed ta conform with existing Gty standards. The Community and Economic Development Administrator may approve deviations from existing sidewalk standards through a Modifications Permit. 9-8-5 HAZARDOU5 CaNDtTIONS OF SIDEWALK: It shall be a code violation far the owner of any property abutting upon any public street right-of-way ar alley in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way any conditian, structure, or object dangerous or hazardous to members of the generai public, inciuding but not fimited to the following canditions: A. Defective sidewalk surfaces, including but nat limited to broken or cracked cement cancrete, upheaved, eievated, or depressed cement concrete within or between sidewalk joints; B. Defective cement concrete surfaces placed adjacent ta the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including elevations or depressions at said junction; C. Defects in sidewalks ar public ways caused or contributed ta by the roots ar trees ar similar growth ar vegetation located either on private adjoining property ar an the parking strip portion of any such street right-of-way; D. Defective canditions caused by tree limbs, faliage, brush, ar grass on or extending over such public sidewalks or rights-of-way or tree roots extending under such public sidewalks or rights-of-way and damaging the sidewalk; 8 IJRDINANCE N0. 5809 E. Defective canditions between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion af the street and the sidewalk and between the sidewalk and the abutting property line; F. Defects resulting from accumulation of ice and snow on pubiic sidewalks or on the right-of-way between the curb iine or, if there is na curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property (ine; G. Defects consisting of foreign matter an the public sidewalks, including but not limited to gravel, oil, dirt, vegetation, leaves, grease, moss, or any other foreign subject matter that might cause pedestrians using said sidewalk to fall, stumble, ar slip by reason af the existence of such fareign matter; H. Defective handrails ar fences or other similar structures within or immediately adjacent to said right-af-way area; and I. Any defect or obstruction that is likely ta cause injury to a reasanable person exercising due care for their own safety or wellbeing. 9-8-61NDEMNIFICATlON: A. Noti#ication af Hazardous Canditions an Sidewalk: tn order to protect the public, owners of praperty abutting a sidewalk are obligated to repart, in writing, any hazardaus conditions, as described by subsection 9-5-5, Hazardous Conditions of Sidewaik, of that portion of the sidewalk to the Maintenance Services Division of the Public Warks Department. 9 C}RDINANCE NtJ. 5809 B. Property Owner �iable. in the event of any injury or damage to any persons and/or property proximately caused by a defective, dangeraus ar hazardous sidewalk condition as specified in this Chapter, the City shall: 1. Notify ali recard owners of property abutting the hazardous sidewalk conditian(s� of any claim for injury within sixty (60) days of receipt of such claim. Such notification shall advise the abutting owner af the nature af the claim, and shall provide a copy of the notice of claim filed by the daimant, and offer the property owner an opportunity to defend, adjust, or pay the claim; and 2. Notify the abut#ing property owner more than thirty (30} days prior to trial or arbitration, ar mare than fourteen {14) days priar to payment af any claim for damages, of the pendency of trial, arbitratian, or payment. Such natification shall advise the property owner af the right to attend and participate in such trial or arbitration, and the right ta prevent the City from making payment to an injured persan by agreeing, in writing, fourteen (14) days in advance of trial or arbitratian, or three (3� days in advance of the date of payment,to assume the entire defense of the claim. C. Indemnificatian: If the City makes payment, by reasan af judgment or settlement, far any claim for damages proximately caused by a hazardous sidewaik condition, the City has the right to indemnification by and from any abutting property owner who had actual knawledge af the condition constituting the hazard, if: 10 ORDiNANCE N0. 5809 1. The abutting property owner failed to notify the Maintenance Services Division of the Public Works Department, as provided herein, of the hazardous sidewalk condition prior to the injury for which a claim is made; and 2. Such failure to notify proximately caused the injuries claimed; and 3. The City did not cause the hazard, create the hazard, or have actual knowledge of the hazard. SECTION II. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordnance's title. PASSED BY THE CITY COUNCIL this 11th day of July, 2016. ' n �l�t C Jas A. Seth, City Clerk APPROVED BY THE MAYOR this 11th day of July, 2016. \ � Denis Law, Mayor Approved as to form: `\,\\\\R�\vo�;mR��e���O// � `� �'r`'� ot�"'�''^^-„��E����'�-- � V .�. Lawrence J. Warren, City Attorney �� 5��� *� Date of Publication:Jul 15 '�� � �^�''�` y , 2016 (summary) ,.,,� �c , `,%''�n, ��t,:C.. ,�*.. ,,, ORD:1925:6/23/16:j1c � 11