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HomeMy WebLinkAbout2968! 9. 6 /~q ORBINANCE OF T[~ CITY OF BRF2~RTON, I~IINffI~N, REIATI~ 7 ~I~~E OF SIDe. KS, ~P~IR, ~ ~ LIABILI~ OF AB[~I~ O~R 8 ~~ RE~TI~ ~'~. ~S ~e~ o~er of ~ri~te ~r~rty abuttin~ ~n a ~ublic street 9 ~ich i~l~es ~ sid~lk area generally used by ~bers of t~ ,~blic, 10 11 is entitl~ to rake ~la~ul use of ~h right-oi-~y as long as said la. u1 use is not inconsistent ~th t~ g~ral use of said street right-of-~y 12 13 ~ t~ ~eneral ~blic, aM 1~ ~S the right of ~h a~ttin[ mr to ~0 u~ said street ~S r~ht-of-~y incl~n~ ,id~lk area or ~ath ~demlk area, includes 16 8~ c~ with it th, duty aM obligation to the ~rs of t~ ge~ral ~7 ~blic t~t any ~uch u~ ~11 not cause, contribute or ~cm a public 18 mi~ce or all~ or ~m~t a ~,rm~ co~ition to ~xi~t that ~9 t~ g~,~l ~bHc, and 20 ~S it i~ t~ intont ~ m~ of th~ ~dinance to provide 2~ for t~ ge~ral saf, ty, ~lfar,, Malth aM ~ll-~in~ of the ~eneral publk 22 ~ 25 26 27 28 29 30 ~din~ce - 1 - 31 32 WALGREN & SEXTON ATTOffi~a TELEPHONE (~O6) Effi~EX 1 SECTION 1. 2 It shall be unlawful {or the o~ner and/or any ~erson, fir~ or corporation 3 occu~ing or having charge or control of any premises abutting upon any 4 .vublic street~right-of-~ray or alley, or beneath such ~ublic side~ralk area, 5 in the City of Bremerton to construct, ~)lace, cause, create, maintain or 6 permit to re~ain upon any r~art of said rightoo/-way located between the 7 curb line, or ii there is no curb line, then between the adjacent edge of 8 the traveled ~ortion of such right-of-~ray and the abutting prol~erty line, 9 any condition, structure or object dangerous or hazardous to the use of 10 said right-o£-~ay by the members of the general public, including but not 11 limited to the following conditions, to wit: 12 1, Defective sidewalk sur/aces, including but not limited to broken or cracked cement, stub-toes, depressions within or 13 or betaeeen sidewalk joints; 14 2, Defective cement surfaces placed adjacent to the public side- ~alk or defects at the juncture between said cement surfaces 15 and said oublic sideaealks, including stub-toes or depressions at said junction; 16 3, Defects in sidewalks or Imblic ~ays caused or contributed to 17 by the roots of trees or similar growth or v~getation located either on vrivate adjoining prooerty or on the ~arking 18 strip wrtion of any such street right-of-~ray; ]9 4. Defective conditions caused by trees limbs, folia~e, brush or grass on or extending over such ~ublic sidewalks or right-of-ways; 2o 5, Defective conditions on the parking strip area between the curb 21 line and the sidewalk or, if there is no curb line, then betaceen the edge of the traveled portion of the street and the 2~. side, talk and bet'~n the sidewalk and the abuttinr pror~rty line; 23 6, Defects resultin~ fro~ acca~ulation of ice and snow on public 24 sidewalks or on the right-of-way beta~een the curb line or, if there is no curb line, then betaken the adjacent edge of 25 the traveled portion of the street roadway and the abutting property line; 26 27 28 29 3o Ordinance - 2 - 31 32 WALGREN & SEXTON ATTORNEYB AT LAW ROOMS 40~- 400 BR[ME~N, WA~HIN~N gBalO TE~PHONE (206) ~8~ 7-4471 ! 2 7. Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that cause 4 pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter. 5 8. Defective handrails or fences or other similar structures within or immediately adjacent to said 6 right of way area. 7 Section 2. In the event of any injury or damage to any person and/ 8 9 or property proximately caused by the defective, dangerous 10 ior hazardous condition of any sidewalk as hereinabove specified, 11 or by the presence or accumulation of ice or snow thereon, or 12 by lack of proper guards or railings on or along the property 13 abutting on any public way, then the abutting property owner 14 ~where such injury or damage occurs shall be liable therefor 15 including liability to the City of Bremerton for all damage, 16 injury, costs and disbursements including court costs and 17 attorney's fees, which the City may be required to pay or 18 incur to any person injured or property damaged as a~foresaid. 19 Whenever any public right of way in the City of Bremerton 20 shall have been improved by the construction of a sidewalk 21 along either side thereof, the duty. and expense of the main- 22 tenance, cleaning, repair and renewal of said sidewalk, 23 including the erection or maintenance of suitable barriers 24 along the outer margin of said sidewalk where the same is 25 elevated more than two feet above the abutting property, 26 shall be upon the owner of the directly abutting property. 27 Ail such repairs shall be made after application for/and 28 issuance of a proper building permit therefor, as required 29 by law, and all of such work to be duly inspected and approved 30 Ordinance -3- 32 WALGREN & SEXTON ATTOII~IEY~ AT ~W M ~URlll ~ mUl~lNe B~MBRTONo WA~,IIN~'rON 08810 TELl. PHONE (~06) ~51~ 7-4471 1 by the City Engineer of the City of Eremerton. 2 gECTION 3. 3 Any 9erson, fire or corsoration desiring to chan~e or relocate any side- 4 walk in front of and abuttin~ their Vroverty shall make application in $ writing to the Engineering De~rtment of the City. of Bre~erton, and such 6 al~plication shall contain, among others, the exact location, of such vro- ? ~osed change or relocation, the location of any new sidewalk to be laid 8 and the connections and locations of other sidewalks u!xm such street; 9 no change or relocation of any sidewalk shall be made until the issuance 10 of an al~propriate permit .therefor. 11 SE. gl'ION ~, 12 Any Verson, firm or corlx~ation violatin~ any of the provisions of this 13 Ordinance shall, u~on conviction thereof, be guilty of a misdemeanor and 14 be punished by a fine inany sm not exceeding $300,00 or by i~risoranent 15 in the City jail f~r a period not exceeclin~ 90 days, or by both such fine 16 and i~vrison~ent, 17 SECTION 5. 18 APPROVED by the City Council of the City of Brc~rton this z/ day 19 of August 197i 20 PA.~I~D by th~ City Council of the City o~ Br~erton, signed by the 21 Mayor and attested by the City Clerk in authentication Of such l~assa~e 22 this //Y~lay of August 1971. 23 26 GI,E~' K'; JA~STAD-, Attest: 27 28 29 30 32 ,G_,_ C': .~M3ON, Sr., CiO ~lerk' WALGREN & SEXTON · 4B ffoui~rH ml~l' BUILDINO BRliM[~N, W.4~HINm'rON g8~!0 Ordinance ,. ~ . TEL~PHON~' (206) KS$1X 7-4471