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HomeMy WebLinkAbout5247 ORDINANCE NO. 5247 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 11.10.010 of the Bremerton Municipal Code related to hazardous sidewalk conditions. WHEREAS, the current provisions of Section 11.10.010 of the Bremerton Municipal Code relating to hazardous conditions on sidewalks contains a grammatical error; and WHEREAS, the City Council desires to update provisions of Section 11.10.010 of the Bremerton Municipal Code to correct the error; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.10.010 of the Bremerton Municipal Code entitled "Hazardous Conditions Prohibited" is hereby amended to read as follows: 11.10.010 HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be 4#e duty unlawful for the owner and /or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right -of -way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk any condition, structure, or object dangerous or hazardous to the use of said sidewalk by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub -toes, depressions within or between sidewalk joints; (2) Defective cement 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; (3) Defects in sidewalks or public ways caused or contributed to by the roots of 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; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights -of -way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right -of -way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (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 pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; 1 BMC 11.10.010 Sidewalk Hazardous Conditions (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right -of -way. (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (c) For purposes of this section, the term "sidewalk" shall mean part of any right -of- way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right -of -way and the abutting property line. (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. ffective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the W day of r1 , 2014 GREG ELER, Council President l Approved this / day of h , 2014 PATTY L ayor AT ST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk S 4ER A. LUBOVICH, City 2 BMC 11.10.010 Sidewalk Hazardous Conditions PUBLISHED the _': day of th , 2014 EFFECTIVE the day of ' 2014 ORDINANCE NO. _. R. \Legal \Legal \Ordmances\Public Works & Utilrties\BMC 11.10.010 Housekeepcng.docx 3 BMC 11.10.010 Sidewalk Hazardous Conditions AFFIDAVIT OF PUBLICATION Account #42742 AD #20140322 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on April 22, 2014 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $35.60. This amount has not been paid - in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 30, 2014. FCHRISTYM OTARY PUBLIC Notary Public in and for the State of Washington, Kitsap County. E OF WASHINGTON MOFFITT ntment Expires July 08, 2016 ORDINANCE NO. 5247 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 11.10.010 of the Bremerton Municipal Code related to hazardous sidewalk conditions. PASSED by the City Council on the 16th day of April, 2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. April 22, 2014 AD# 20140322