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).
