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HomeMy WebLinkAbout5276 ORDINANCE NO. 5276 AN ORDINANCE of the City Council of the City of Bremerton, Washington repealing Chapter 11.08 of the Bremerton Municipal Code ent�tled "S�dewalks — Construction, Reconstruction and Repair," repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks — Duties of Abutting Property Owners" and adopting a new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "S�dewalk and Street Frontage " WHEREAS,the City Council desires to update code provisions relating to sidewalk and street frontage maintenance and improvements by repealing Chapter 11 08 ofthe Bremerton Municipal Code entitled "Sidewalks—Construction, Reconstruction and Repair", repealmg Chapter 11.10 of the Bremerton Mun�cipal Code ent�tled "Sidewalks—Dut�es ol' Abutting Property Owners" and adopting a new chapter, Chapter 11.08 entitled "Sidewalk and Street Frontage;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION l. Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks—Construction, Reconstruction and Repair" is hereby repealed in its entirety. SECTION 2. Chapter 11.10 of the Bremerton Municipal Code entitled "S�dewalks—Duties of Abutting Property Owners" is hereby repealed in its entirety. SECTION 3. A new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage" is hereby adopted to read as follows: Chapter 11.08 SIDEWALK A�1D STREET FRONTAGE 11.08.010 PURPOSE. This chapter further defines the requirements and procedures to maintain sidewalks and other street frontage improvements as outlined �n Chapters 35.68 and 35.69 of the Revised Code of Washington (RCW), said chapters incorporated herein by reference as adopted and hereinafter amended 11.08.020 RESPONSIBILITIES. Street frontage must be maintained in accordance with City Standards. Permits may be required to undertake the work required in this chapter. 11.08.030 SIDEWALK AND STREET FRONTAGE MAINTENANCE STANDARDS. , (a) It shall be the duty of every owner or lessee of property abutting on public right of ' way to keep sidewalks free of snow, ice, obstruction or other objectionable th�ng. It shall be 1 Sidewalk & Street Frontnge unlawful for the owner or lessee 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 cond�tions: (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 s�dewalk or defects at the�uncture between sa�d cement surfaces and said public sidewalks, including stub- toes or depressions at sa�d 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) Defect�ve conditions on the planting strip; (6) 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; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign sub�ect matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter, (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way; (9) Sidewalks in violation of current ADA accessibility guidelines; and/or (10) M�ss�ng sect�ons of sidewalk be constructed. Where a portion of any street is missing sidewalk along the frontage of multiple or single abutting properties, it shall be the duty of the abutting property owner to complete the sidewalk, curb and gutter. (b) The term "person occupying property" shall mean owners or lessees 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 own�ng 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 11.08.040 ENFORCEMENT -NOTICE OF VIOLATION. (a) Upon finding that an owner or lessee is maintaining a cond�tion prohibited in this Chapter, the City Code Enforcement Officer or City Engineer may order the repair. reconstruct�on, replacement, cleaning, removal, or remedy of the condition or obstruction. (b) Enforcement pursuant to Chapter 1.04 BMC may be used in lieu of or in conjunction with the provisions of this chapter. 2 Sidewalk& Street Frontage (c) Notice of the violation and required corrective action shall be sent to the legal owner of the abutting property, pursuant to Chapter 1 04.040, RCW 35.68.030 or RCW 35.69.030, as applicable, to repair or replace the sidewalk or curb, and/or related appurtenances. 11.08.050 PERMIT REQUIRED—APPLICATION—ASSESSMENT—LIEN. (a) Upon noti�cation, the owner, agent, or lessee shall obtain a permit from the City to correct the sidewalk deficiency. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the City. After sixty (60) calendar days, if the owner, agent, or lessee has not applied for a permit to correct the sidewalk deficiency, the C�ty Council may, follow�ng a public hearing, assess a l�en on the property for the expense of correcting the deficiency pursuant to Section 11.08 080 below. (b) In the event the owner, agent, or lessee obtains a permit within the time prescribed above, but the corrections are not completed within two hundred forty (240) calendar days of receiving the permit,the City Council.may, following a public hearing, assess a lien on the property for the expense of correct�ng the deficiency. 11.08.060 DRIVEWAYS. (a) Upon receipt of an application and payment of all fees, the City may issue a permit to construct a driveway meeting C�ty Standards. The City Engineer may revoke any driveway permit or require a modification of any driveway �f. (1) The area occupied by the driveway is needed for the public convenience, (2) Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; (3) The abutting owner has failed to comply with all specifications and condit�ons of the permit, (4) The driveway does not access legal parking and maneuvering space on abutting property; or ' (5) The driveway does not meet current ADA accessibility guidelines. (b) Withm sixty (60) calendar days of written notice from the City Engineer to close or modify a driveway,the abutting property owner shall obtain any required permits and make the correct�ons. It the abutting owner fails to make the required corrections within sixty(60) calendar days, the City may perform the required work at the expense of the abutting owner and assessment made as provided in this chapter. 11.08.070 CONSTRLiCTION, RECONSTRUCTION AND REPAIR - RESOLUTION OF NECESSITY—LIABILITY OF ABUTTING PROPERTY. (a) Whenever a portion of any street in any city is not �mproved by the construction of a sidewalk thereon, or the sidewalk thereon has become unfit or unsafe for purposes of public travel and the City Council by resolution, pursuant to Chapter 35.68 RCW or Chapter 35.69 RCW as applicable, finds that the improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience,the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion except as provided in Subsections(b)and (c) of this section pursuant to RCW 35.69.020. (b) An abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of fifty percent of the valuation of such abutting 3 Sidewnik& Street Frontnge property, exclusive�of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. (c) An abutting property shall not be charged with any costs of construction or reconstruction under this chapter if the construction or reconstruction is requ�red to correct deterioration of 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. 11.08.080 ASSESSNIENT OF LIENS. The City Council may, following a public hearing, assess a l�en on the property for the cost and expense of construction, reconstruction, and/or correcting the deficiency as authorized and pursuant to Chapter 35.68 RCW or Chapter 35.69 RCW as applicable. 11.08.090 SIDEWALK ABATEvIENT FUND CREATED. The Sidewalk Abatement Fund is hereby created The Sidewalk Abatement Fund shall receive revenue from proceeds of lien settlements as outl�ned in Section 11 08.080 above, and other revenue All funds deposited into the Sidewalk Abatement Fund shall be used solely for correcting deficiencies in sidewalks and driveways. 11.08.100 COSTS. Whenever any construction, reconstruction or repa�r of any sidewalks, gutters or curbs along or driveways across sidewalks is to be done,the costs of the same may be paid for by: (1 j The abutting owner may construct the correction or improvement at his/her own cost or expense using a private contractor after obtaining a City permit; (2) The abuttmg owner may request the City construct the correction or improvement and reimburse the City directly, or (3) The City may construct the improvement and assess the costs thereof against the abutting property owner 11.08.110 VIOLATION —PENALTY. (a) Any violation of any provision of this chapter constitutes a civ�l violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Chapter 1.12 of the Bremerton Municipal Code. Each day, or a portion thereof during which a violat�on occurs shall const�tute a separate violation. SECTION 4. Sel�erabilitv. if any one or more sect�ons, 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 S. 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 4 Sidewalk& Street Frontage � � l PASSED by the City Council the �b day of �"�G ,2015 GREG EELER,Council President Approved th�s ,Z��day of �'� , 2015 ATTY L yor EST: APP AS TO FORM. SHANNON CORTN, City Clerk RO R A. LUB , City Attorney PUBLISHED the � day of Nl , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO R\Legal\Legal\Ordmances\Public N%orks&Util�ties\BMC I l 08&l I 10 repeal&adopt new l I 08-(5-6-IS)clean docx 5 Sidewalk& Street Frontage AFFIDAVIT OF PUBLICATION Account#42742 AD#20147029 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,being tirst 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 May 29,2015 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$44.12.This amount has not been pa . - - Notary Public � ,.. State of Washington TISHA SULLIVAN My Appointment Expires Aug 4,2018 (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 4,2015. c=i'"V ' ORDINANCE NO.5276 AN ORDINANCE of the City Council of the City of Bremerton,Washington,repealing Chapter 11.08 of the Bremerton Municipal Code entitled"Sidewalks-Construction, Reconstruction and Repair," repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks-Duties of Abutting Property Owners" and adopting a new chapter,Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage." PASSED by the City Council on the 20th day of May,2015. The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600, Bremerton,WA 98337. MAY 29,2015 AD#20147029