AN
ACT Relating to sidewalk reconstruction; and amending RCW 35.68.010, 35.69.010,
35.69.020, 35.70.010, and 35.70.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
35.68.010 and 1965 c 7 s 35.68.010 are each amended to read as follows:
Any
city or town, hereinafter referred to as city, is authorized to construct,
reconstruct, and repair sidewalks, gutters and curbs along and driveways across
sidewalks, which work is hereafter referred to as the improvement, and to pay
the costs thereof from any available funds, or to require the abutting property
owner to construct the improvement at ((his)) the owner's own
cost or expense, or, subject to the limitations in RCW 35.69.020 (2) and
(3), to assess all or any portion of the costs thereof against the abutting
property owner.
Sec.
2. RCW
35.69.010 and 1994 c 81 s 61 are each amended to read as follows:
The
term "street" as used herein includes boulevard, avenue, street,
alley, way, lane, square or place.
The
term "city" includes any city of the first or second class or any
other city of equal population working under a special charter.
The
term "sidewalk" includes any and all pedestrian structures or
forms of ((street)) 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 ((roadway)) line where the public right of
way meets the abutting property.
Sec.
3. RCW
35.69.020 and 1965 c 7 s 35.69.020 are each amended to read as follows:
(1)
Whenever a portion, not longer than one block in length, of any street in any
city is not improved by the construction of a sidewalk thereon, or the sidewalk
thereon has become unfit or unsafe for purposes of public travel, and such
street adjacent to both ends of said portion is so improved and in good repair,
and the city council of such city by resolution finds that the improvement of
such portion of such street by the construction or reconstruction of a sidewalk
thereon is necessary for the public safety and convenience, the duty, burden,
and expense of constructing or reconstructing such sidewalk shall devolve upon
the property directly abutting upon such portion((: PROVIDED, That such))
except as provided in subsections (2) and (3) of this section.
(2)
An abutting property shall not be charged with any costs of construction or
reconstruction under this chapter, or under chapter 35.68 or 35.70 RCW,
in excess of fifty 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.
(3)
An abutting property shall not be charged with any costs of reconstruction
under this chapter, or under chapter 35.68 or 35.70 RCW, if the reconstruction
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.
Sec.
4. RCW
35.70.010 and 1965 c 7 s 35.70.010 are each amended to read as follows:
For
the purposes of this chapter all property having a frontage on the side or
margin of any street ((or other public place)) shall be deemed abutting
property, and such property shall be chargeable, as provided in this chapter,
with all costs of construction of any form of sidewalk improvement, between the
margin of ((said)) the street ((or other public place)),
as defined by a curb or the edge of the traveled road surface, and the ((roadway
lying in front of and adjacent to said)) line where the public right of
way meets the abutting property, and the term sidewalk as used in this
chapter shall be construed to mean and include 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 ((roadway known as the sidewalk area)) line
where the public right of way meets the abutting property.
Sec.
5. RCW
35.70.020 and 1994 c 81 s 62 are each amended to read as follows:
In all cities of the second class and towns the burden and expense
of constructing sidewalks along the side of any street or other public place
shall devolve upon and be borne by the property directly abutting thereon. The
cost of reconstructing or repairing existing sidewalks may devolve upon the
abutting property subject to the limitations in RCW 35.69.020 (2) and (3).
