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Ord 93-188 ORDINANCE NO. 93-188 AN ORDINANCB OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A NEW CHAPTER 17.20 REGARDING MAINTENANCE, REPAIR, RECONSTRUCTION AND CONSTRUCTION OF SIDEWALKS, DEFINING TERMS, ESTABLISHING DUTIES OF ABUTTING PROPERTY OWNERS AND OCCUPANTS, ESTABLISHING PERMIT REQUIREMENTS, PENALTIES, AND ESTABLISHING AN EFFECTIVB DATE. WHEREAS, the Federal Way city Council, based on public testimony and other evidence presented to it, finds that the unregulated maintenance, repair, reconstruction and construction of sidewalks contribute to unsafe public travel for pedestrian and wheelchair traffic; WHEREAS, the Federal Way city Council finds that the regulations set forth in this ordinance will help prevent such traffic safety problems and that these regulations are necessary to protect the public health, safety and welfare; and WHEREAS, the Federal Way City Council finds that this ordinance and the regulations contained herein are enacted pursuant to the authority granted by Chapter 35.68 RCW and Chapter 35.69 RCW. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new chapter of the Federal Way City Code ("FWCC") entitled "Article VI, Sidewalks" is created as follows: Sec. 13-161. Definitions. For the purpose of this chapter and unless the context plainly requires otherwise, the following terms shall have the following meanings: . 1. "Abutting property" means all property having a frontage upon the sides or margins of any public right of way. 2. "Curb" means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians. Ord # 93-188 , Page 1 COpy 3. II City" means the city of municipal corporation. 4. "ci ty council" means the city of Federal Way Council acting in its official capacity. Federal Way, a Washington 5. "Director" means the Director of the city of Federal Way Public Works Department or his or her designee. 6. "FWCC" means the Federal Way City Code adopted by the City Council. 7. "Maintenance" means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks. 8. "Occupant" means a person who is occupying, controlling or possessing real property, or his or her agent or representative. 9. "Owner" means a person who has legal or equitable title to real property, or his or her agent or representative. 10. "Person" means a person, firm, association, partnership, corporation or individual. 11. "Public right-of-way" means the land owned, dedicated or conveyed to the public or a unit of government, providing for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting property, the location of utility lines, driveways, appurtenances and other facilities benefitting the public. 12. "Sidewalk" means all hard-surfaced walkways wi thin public rights-of-way in the area between the street margin and the roadway, including driveways. l3. "street" means any street, road, boulevard, alley, lane, way or place, or any portion thereof. avenue, Sec. 13-162 - 13-170. Reserved. Sec. 13-171. Repair. reconstruction. construction and maintenance of sidewalks - responsibility of abuttina proDertv owners and occupants. In the event an abutting property owner or occupant causes any damage to a sidewalk by his or her act, error or omission, including without limitation the planting of any tree or other vegetation on his or her abutting property, then the duty, burden and expense of all necessary maintenance, repair, reconstruction and/or construction of a sidewalk necessary in the City's determination as a result of such damage, shall be the responsibility of such abutting property owner or occupant. Sec. 13-172 - 177. Reserved. Ord # 93-188 , Page 2 Sec. 13-178. Application permits. Any person who is required to perform any repair, construction or reconstruction of a sidewalk shall submit a right-of-way application to the City and obtain a right-of-way permit prior to commencing any work; provided, however, that owners and occupants of abutting property may perform all maintenance activities and remove obstructions and debris, other than sidewalk repair, construction or reconstruction, from any sidewalk without obtaining a permit; provided, further that the City and its employees, agents and representatives may perform such work without obtaining a permit. The City will not charge permit fees for any right-of-way permits issued pursuant to this chapter. Sec. 13-179. Violations deemed misdemeanor. Any person violating any of the provisions of this chapter, which results in a hazard to the public health, safety and welfare, is guilty of a misdemeanor and shall be punished as provided by law. Each day any sidewalk is permitted to remain in a hazardous condition shall be considered and shall constitute a separate violation. Sec. 13-180. violations deemed nuisance. The violation or failure to comply with the provisions of this chapter shall be considered a nuisance. Any person failing to abate the nuisance within ten (10) days of service of the notice of violation shall be subject to a fine of up to Two Hundred Fifty Dollars ($250) for each offense. Each day a person fails to abate such nuisance after notice shall constitute a separate offense. Sec. 13-181 - 184. Reserved. Sec. l3-l85. Ancillarv leqislation. This chapter shall not be construed as repealing or amending any provision relating to the improvements of public rights-of-way by special assessments, commonly known as local improvement districts, but shall be considered as additional legislation and ancillary thereto. Section 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance shall be effective thirty (30) days after passage as provided by law. PASSED by the City Council of the city of Federal Way at a regular meeting thereof, held this 21st day of September, 1993. CITY OF FEDERAL WAY, WASHINGTON MA~k? S~D ~~ Ord # 93-188 , Page 3 ~vw M ro ro~, CI - ~YN A. LAKE FILED WITH THE CITY CLERK: September 15, 1993 PASSED BY THE CITY COUNCIL: September 2l, 1993 PUBLISHED: September 25, 1993 EFFECTIVE DATE: October 21, 1993 ORDINANCE NO. 93-188 KA'l'IILI3EltIORDINIALTSIDWK.RAY Ord # 93-188 , Page 4