ORD 22-934 - Modifying Sidewalk CodeORDINANCE NO.22-934
AN ORDINANCE of the City of Federal Way, Washington, modifying
the City's sidewalk code to provide processes for sidewalk repair,
reconstruction, and/or construction; adding new section FWRC
4.40.025 to Chapter 4.40.
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, Federal Way Revised Code ("FWRC") 4.40.020 currently places
responsibility for sidewalk maintenance, repair, reconstruction, and/or construction upon the
abutting property owner when the damage to the sidewalk is caused by the abutting property
owner's act, error, or omission; and
WHEREAS, Washington State law, specifically Chapters 35.68 RCW, 35.69 RCW, and
35.70 RCW, authorize procedures for repair, reconstruction, and/or construction of sidewalks as
well as procedures ensuring that the responsible abutting property owners bear the duty, burden,
and expense of such repair, reconstruction, and/or construction; and
WHEREAS, the FWRC does not currently contain procedures to ensure that responsible
abutting property owners bear the duty, burden, and expense of such repair, reconstruction,
and/or construction; and
WHEREAS, the City supports an effective partnering between the City and its Citizens in
sharing the burden of sidewalk maintenance and repair; and
WHEREAS, it is in the public interest for the City's sidewalks to be safe and well -
maintained in order to promote the public health and attractiveness of the City, minimize risk of
liability, and aid in attracting citizens toward pedestrian use of the sidewalks of the City.
Ordinance No. 22-934 Page 1 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section i . Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by protecting and promoting public health and safety.
Section 2. Chapter 4.40 of the Federal Way Revised Code is hereby amended to add a
new section 4.40.025 to read as follows:
4.40.025 Repair, reconstruction and construction of sidewalks - Procedures.
(1) Repair. reconstruction and/or consirtiction by responsible person. If repair, reconstruction
and/or construction of a sidewalk is necessary in the city's determination, and such maintenance,
repair and/or construction is the responsibility of the abutting propertypropeqy owner or occu ant as
provided in FWRC 4.40.020, the responsible person shall, within sixty days of notification by the
city, either:
(a) Perform the necessary repair, reconstruction and/or construction at their own expense;
or
(b) Submit a written request to the director of public works or designee asking that the
city undertake the necessary repair, reconstruction and/or construction at the expense of
the responsible person.
If the director of public works or designee, upon receiving such a request, determines that the
city will undertake the required work, then the director of public works or designee shall prepare
a reimbursement agreement whereby the responsible person agrees to reimburse the city for all
Ordinance No. 22-934 Page 2 of 4
actual engineering and construction costs incurred by the city in performingthe required work on
behalf of the responsible person.
(2) Repair, reconstruction andlor construction by order of city council and assessnzernt of costs.
If a responsible person does not timely complete either of the actions identified in FWRC
4.40.024(1 ), or if the responsible_ person and the city do not execute a reimbursement agreement
within thirty days of receipt of a written request for the city to undertake the necessary work,
then the director of public works or designee may report the same to the city council. If upon
receiving such report, the city council deems. the proposed repair, reconstruction and/or
construction is necessary or convenient for the public health, safety or welfare, the city council
may order such work to be done pursuant to the procedures established in Chapter 35.68. 35.69
or 35.70 RCW. The cost of such work shall be assessed upon the abutting property owners
accordance with Chapter 35.68. 35,69 or 35.70 RCW.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section S. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 22-934 Page 3 of 4
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 7th day of June, 2022.
CITY OF FEDERAL WAY:
FEMUML, MAYOR
ATTEST:
PFIANIE COURTNE MC, CITY CLERK
APPROVED AS TO FORM:
aa' \J-L
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
05/11/2022.
06/07/2022
06/ 10/2022
07/ 10/2022
99-914
Ordinance No. 22-934 Page 4 of 4