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HomeMy WebLinkAboutO-0142 - Sidewalk maintenance (12.12)ORDINANCE No.142.,",',""-',,-', N~INTENANCE,REPAIRS .and RENEWAL of.SIDEWALKS: AN ORDINAIfCE,relating to cleaning,maintenance,repairs and re- newal of sidewalks in the ~own of Marysville,and providing for payment therefor by the owners of abutting property. BE IT ORDAINED BY THE TO\VN COUNCIL OF THE TOWN OF MARYSVILLE as follows: SECTION 1..That whenever any street,lane,square,place or alley in the ~own of Marysville,Washington,shall have been improved by the construction of a sidewalk or sidewalks along. either or both sides thereof ,the duty,burden and expense of' maintenance,repairs and renewal of such sidewalk or sidewalks shil,ll devplve upon the property directly abutting upon the side of such street or other public place along which such sidewalk has been constructed as herein provided.' SECTION 2.Whenever in 'the judgment of the .rown uounc l L the condition of any sidewalk is such as to render the same unfit or unsafe for the purposes of public travel,the ~own Council shall instruct the Town,Marshal and ex-offico street commissioner to notify the owner of the property immediately abutting upon said portion of said sidewalk of the condition thereof,instructing thes~id owner to clean,repair or renew said portion of said sidew.alk in such manner'as the 'rown Council shall designate,and it.llhall then be the duty of.said ~own Marshal and.ex-offico stree.t commissioner to serve such notice upon said owner. SECTION 3.The notice mentioned in the preceeding section shall be addressed to the owner of the property abutting upon the portion of such sidewalk to be cleaned,repaired or renewed, shall specify a reasonable time within which such cleaning,re- pairing or renewal shall be executed by said owner,and the general.character of such improvement (when so ordered by the ~own QouncilJ,and shall be sufficient if substantially in the following form: Notice to (clean,repair or renew)sidewalks on _ Street to '. You are hereby notified and instructed to (clean,repair or renew)the sidewalk extending along side of . (description),of which property you are-~th~.-e-­ owner,by--...--.(give general character of cleaning, repairing or renewal),wi thin days from and after the service of this notice,or in case of your failure so to do the said_work will be done by and under the authority of the .rown of Marysville,at the expense of said property and the cost and expense.thereof charged to you and become a lien upon said pro- per.tyinaccordance with Chapter XXXVII of the Laws of Washing- 'ton,.1905,and Ordinan.ce No.142,of the 'l'own of MarysVille;and reportrnade to .the 'l'ownCouncil at its regUlar meeting to be held at the 'l'own Hall in the 'l'own of Marysville,on .t.ne day of ,190 ,at the hour of a'o'clock P.M.of said..day;,of an assessmentroll,showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved,the cost of such improvement or repair,and the name of the owner,if known,and that thereupon the Council will hear any or allprotestsa.gainst the proposed assessment.' By order of the Town Council. Datedl\llarysville,Washington,,190__• .Town Marlihal and-ex-ofTi co· 'street commissioner. 17~ i I I Steve Saunders Mayor. 176 ORDINANCE No.142.(cont rd}, When any improvement provided for by this ordinance isa renewal of any sidewalk,the time for the execution of the same by a property owner shall not be less than ten (10)days" which time shall be considered a reasonable time for such renewal. SECTION 4..Service of the notice provided for in thefore"'- going section shall be made as follows:. The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent,or by leaving a copy of such notice at the home of the owner or authorized agent,or if the owner ') is a non-resident,by mailing a copy to his last known address,' or if the owner of the property be unknown or if his address be unknown,then such notice shall be addressed to the general deli very office of the vity wherein the improvement is to be made. 8ECTION5.If any such properj;y owner who has been so noti- fied,shall fail for the period of time designated in such notice to execute such cleaning,repairing or renewal of such sidewalk,the 'rown Marshal ..and ex-offico'street commissioner shall proceed to clean such sidewalk or to make such repairs or renewal forthWith and report to the Town Council at its next regular meeting or as soon thereafter as possible,an assessment roll showing the lot or parcel of land immediately .abutting on that portion of the sidewalk so improved,the cost of such improvement or repair,and the name of the owner,if known;and the Council will hear any or all protests at the time named in the notice against the proposed assessment. The Council shall at.the time in such notice designated or at an adjourned time or times,assess the cost of such work against said property in accordance with the benefits dertved therefrom,which said charge shall become a lien upon said property and shall be collected by due process of law.The Town Marshal and ex-offico street commissioner shall·file··with said assessment roll,a copy of such notice,with proof of service of the same; SECTION 6.The Town Clerk shall keep in his office a well bound book in which he shall enter an abstract of all assess- ment rolls filed in accordance with the foregoing section, showing a description of the property,the name of the owner thereof,total cost charged to each owner,and the date of filing the said assessment roll,and when any property i?clear ed.of the lien by payment,he shall note the fact upon such book,with the date of payment. tJECTION 7.For the purposes of this ordinance,all property haVing a frbntae;e upon the sides or margin of'any street shall be deemed to be abutting properj;y,and such property shall be chargeable as provided by this ordinance,for all costs of maintenance,repairs or renewal of any form of sidewalkim"'- provement between the said street margin and the roadway lying l in front of and adjacent to said property;and the term side-. walk as intended for the purposes of this ordinance,shall be taken to include any and all structures or forms of street improvement included in the space between the street margin and the roadway. SECTION 8.All ordinances or parts of ordinances in conflict with the provisions of this.ordinance be and the same are hereby .repealed.. SECTION 9.This ordinance shall take effect from and after its passage,approval and publication according to law. Passed,December 17,1906. Approved ,December 17,1906. Attest:E.E.Colvin,Town Clerk. Date of first pUblication,December 22nd,1906. "'-~-'-'-~~~--------------------------.A