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.
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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.
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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 ~~
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93-188
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~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
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