HomeMy WebLinkAbout5331ORDINANCE NO. 5331
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 11.08 of the
Bremerton Municipal Code entitled "Sidewalks and Street
Frontage."
WHEREAS, the City Council desires to amend Chapter 11.08 of the Bremerton
Municipal Code entitled "Sidewalks and Street Frontage" in order to simplify the language,
address the need for ADA compliance, and allow the Public Works Director to enter into
agreements with property owners to make sidewalk repairs; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I, Chapter 11.08 of the Bremerton Municipal Code entitled
"Sidewalks and Street Frontage" is hereby amended to read as follows:
Chapter 11.08
SIDEWALK AND STREET FRONTAGE
11.08.010 PURPOSE.
This chapter further defines the requirements and procedures to maintain sidewalks and
other street frontage improvements as outlined in Chapters 35.68 and 35.69 RCW, said ehs
ited h e Fein by fefefenee as adopted and i e feina fte . „ on4e which are adopted by
reference as currentlyenacted and as hereafter amended.
11,08.015 DEFINITIONS.
The following definitions apply to this chapter.
(a) "Sidewalk" means any and all pedestrian 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 traveled road surface, and the line where the public right-of-way meets the abutting property,
as set forth in RCW 35.69.010. The term "sidewalk" includes but is not limited to curbs,ug tt
and portions of driveways that cross sidewalks.
(b) "Driveway," where set forth separately from "sidewalk" in this chapter, means all
portions of a driveway crossing City right-of-waL
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- lesseeofproperty abutting on public right-
of-way to keep sidewalks free of snow, ice,ag rbage cans, and all other obstructions_ of othe
Sidewalk & Street Frontage
objeefienable thing. It shall be unlawful for- the ewnef of lessee eeetipying ef having ehar-ge Of
eantfol Of any pfemises abut4ing upen any publie street, right ef way, or- alley, or beneath stieh
publie sidewalk area in the Cityto construct, place, cause, create, maintain, or permit to remain
upon any sidewalk any condition that constitutes a hazard,
oto the normal use of said sidewalk by the mefabefs ef the genefal public. Facilities
which have a poor appearance but are otherwise physically sound shall not be considered
hazardous. ,
(1) Detective Sidewalk F4 nludin but nat l;.ti.;tall t. brokenor- aeke l
eement> stub tees,
de. 414._.ef between sidewalk jaints-,
(2) Defe e raofneat ;-,d adjaeont to the publie sidewalk or- do-for-As -At the,
junetiife between said eement suffaees and said publie sidewalks, ineltiding stub tees ef
depressions at saidjunefien;
of similar- gr-elo,4h or- veget4iefi leeated either- an pfiv4e adj 4y or- an the parking
stfip peftien of an), sueh street fight of way;
l4\ Pefeetiy@ n nditieRs n sod by t«oo limbs, foliage brushor-gr-ass or-*t0adi g
SS ;
(J)planting stfip-,
(6) rlofeets „Iting f;,,,,, „lit; ,,, „f ;no -Ana Publ;n s;.l0..,A1Ls Af An
the fight of way between the eur-b line > if line,
then bet-'ween the adjaeent edge0
(7) P@feets n isting of fe gn ;n-atter on tl,o ,. ubl;n side -alks;nl„a;,,^, 1,,,�t
limited > > >grease,
fall,said sidewalk to ,
adjaeent to said right of way;
(9)Sidewalks in violation of current Americans with Disabilities Act ("ADA")
accessibility guidelines,; and/or sidewalks with one or more missing` sections including
(10)Nfissing se efiens of sidewalk be enstndeted Whet- portions of any street is
missing sidewalk along the entire frontage of multiple of single abut4ing propef4ie, ' shall be
corrected the- by 4-the abutting property owner_te eafnplete the sidewalk, etifb and gtittef-.
(b) The1:eR:n"P@rsen PTii� " shall mean owners; A-F lossoos; ilyhe eeGupy
..titled t^ and „v .,l „f p ^,.t..
Vl U1V Vllll l�lVtti-GCl -p�i� �
(1) In the-, e-wso of apaftmvat-13vcasgSzr^vvnmz. 4g l,^ s, n uFts, ri=r
d �i
1 buildingsthe tefm 11 II ,
per-sen eeetipying
vvaiu va andmuirc:cgv�"�
t«„1 „t of the 1.,.;1di n the eft.,
management.
fner-e than one (1) per-son, fifm of family and net ineluded in subseetion (b)(1) ef this seefien, the
tefm
ig
11 /I
whase pfemises are on the sidewalk level and the), shall be responsible fef se mueh of the
sidewalk -As is; _Adjiftpe..
11.08.040 ENFORCEMENT - NOTICE OF VIOLATION.
(a) Upon finding that an owner er lessee is maintaining or allowing a condition
prohibited in this chapter, the City Code Enforcement Officer or City Engineer may order the
repair, reconstruction, replacement, cleaning, removal, or remedy of the condition or obstruction.
Sidewalk & Street Frontage
(b) Enforcement pursuant to Chapter 1.04 BMC may be used in lieu of or in
conjunction with the provisions of this chapter.
(c) ' Notice of the violation and required corrective action shall be sent to the legal
owner of the abutting property, pursuant to BMC 1.04.040 or RCW 35.68.030 or 35.69.030, as
applicable, to repair or replace the sidewalk. .
11.08.050 PERMIT REQUIRED - APPLICATION - ASSESSMENT - LIEN.
(a) Upon notification, the owner; agent, er'_essee shall obtain a permit from the City
to correct the sidewalk deficiency. No person, firm or corporation shall construct or reconstruct
c -u
any f�, 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'_eFee has not applied for a permit to
correct the sidewalk deficiency, the City Council may, following a public hearing, assess a lien
on the property for the expense of correcting the deficiency pursuant to BMC 11.08.080.
(b) In the event the owner, grant, 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 correcting 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 City standards. The City Engineer may revoke any
driveway permit or require a modification of any driveway if:
(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
conditions 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) Within 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 corrections. 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
assessm��the costs as provided in this chapter.
11.08.070 CONSTRUCTION, RECONSTRUCTION AND REPAIR -
RESOLUTION OF NECESSITY - LIABILITY OF ABUTTING PROPERTY.
(a) Whenever a portion of any street in any city is not improved by the construction
of a sidewalk thereon, or the sidewalk thereon is has borawno ..nr;* er unsa ehazardous for
purposes of public travel and the City Council by resolution, pursuant to Chapter 35.68 or 35.69
RCW as applicable, finds that the improvement of such portion of such street by the
construction, eFreconstruction or repair of a sidewalk thereon is necessary for the public safety
and convenience, the duty, burden, and expense of such work
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.
Sidewalk & Street Frontage
(b) An abutting property shall not be charged with any costs of eaftst..ueti n a -
fist ue fi ,., under this chapter in excess of fifty (50) percent of the valuation of such abutting
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 e f eanst f ,e6eii e
,,,,t...,e6ei under this chapter if the constructionier-reconstruction or repair is required 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 ASSESSMENT OF LIENS.
The City Council may, following a public hearing, assess a lien on the property for the
cost and expense of construction, reconstruction, and/or correcting the deficiency as authorized
and pursuant to Chapter 35.68 or 35.69 RCW as applicable.
11.08.090 SIDEWALK ABATEMENT FUND CREATED.
The sidewalk abatement fund is hereby created. The sidewalk abatement fund shall
receive revenue from proceeds of lien settlements as outlined in BMC 11.08.080, and other
revenue. All funds deposited into the sidewalk abatement fund shall be used solely for correcting
deficiencies in sidewalks and driveways.
1.08.095 REPAIRS PURSUANT TO AGREEMENT,
1) The Director of Public Works and Utilities is authorized to enter into agreements
with owners of abutting property for the repair of any sidewalk determined to be defective or
hazardous. The agreement shall be written, shall include a cost estimate, and shall define the
extent of costs, if any, to be contributed by the City.
(2) The City may participate in sidewalk repair, if there are available funds in the
Sidewalk Abatement Fund, only where there is no indication of negligence or misuse by the
property owner, past or present, causing the defect.
11.08.100 COSTS.
Whenever any construction, reconstruction or repair of any sidewalk is to be done, the
costs -of the same may be paid as follows:
(1) The abutting owner may construct the correction or improvement eA his hei- ow
Best of e*pense using a private contractor after obtaining a City permit. The cost will either be
wholly at the owner's expense, or with contribution from the City if an agreement pursuant to
BMC 11.08.095 is in place;
(2) The abutting 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.
4
Sidewalk & Street Frontage
(a) Any violation of any provision of this chapter constitutes a civil 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 BMC. Each day, or a portion thereof, during which a violation occurs
shall constitute a separate violation.
SECTIONZ 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.
SECTION3. Effective 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 day of , 2017.
ERIC YOUN ER, Co cil President
Approved thisy
2� 'rda of � uli , 2017.
PATTY LEN , yor
ATTEST: APPROVED AS TO FORM:
SHANNON CORIN, City Clerk �ER UBOVICH, City Attorney
PUBLISHED the day of ALl3' 2017.
EFFECTIVE the day of 2017.
ORDINANCE NO. .331
5
Sidewalk & Street Frontage
AFFIDAVIT OF PUBLICATION
Account #342133 AD#1702906
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Teresa Hull, 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 publi-
cation 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
August 1, 2017
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 $56.24. This amount has not been paid in full.
(Signature of Principal Clerk) .
Subscribed and sworn to before me this day of August 2, 2017.
ORDINANCE NO. 5331
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, amending
Chapter 11.08 of the Bremer-
ton Municipal Code entitled
"Sidewalks and Street Front-
age.-
PASSED
ront-
age"PASSED by the City Council on
the 19th day of July, 2017.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street, Suite 600, Bremerton,
WA 98337.
Aug. 1, 2017 AD#1702906