AN ORDINANCE ESTABLISHING RULES AND REGULATIONS PERTAINING TO THE INSTALLATION AND MAINTENANCE OF SIDEWALKS IN THE CITY OF YAMHILL, REPEALING ORDINANCE NO. 344, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Yamhill has recognized the need for standardization and implementation of sidewalks in the City; and

WHEREAS, it is important to the City that the costs of growth and conformity are equitably shared; and

WHEREAS, in order to protect the health and safety of the citizens of Yamhill safe and adequate sidewalks are a necessity.

NOW THEREFORE, THE CITY OF YAMHILL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Definitions.

As used in this Ordinance, the following words and phrases shall mean:

A. Owner(s) shall mean that person or persons shown on the last tax assessment roll in the office of the County Assessor of Yamhill County, Oregon.

B. Remodeling shall mean a structural improvement or new construction made to any structure in which the new construction or improvement exceeds 50 percent of the value of the improvements on the property as established by the Yamhill County Tax Assessor at the time a construction permit is obtained.

C. Structure shall include all dwellings, commercial, and industrial buildings, and other structures designed for human occupancy.

D. Intersection shall mean the area of the public right of way which lies within the projection of two lot lines at the point where such lines meet at an angle to form a lot corner.

E. Notice shall mean a written notice to the affected party directed to such party by first class or certified mail. Notice shall be deemed effective on the date such notice is deposited with a public or private mail carrier postage prepaid and directed to such party at such party's last known address as known to the City.

Section 2. Requirement to Install sidewalk.

A. New Construction. The Owner of land adjacent to an existing or proposed City street shall be responsible for installation of a sidewalk for the full length of their property. Said installation shall occur prior to the issuance of an Occupancy Permit.

B. Remodeling. The Owner of a structure undertaking remodeling, as described in definition in Section 1, for the full length of their property. Said installation shall occur prior to the final approval of the Building Permit.

C. Placement of Sidewalk. All sidewalks shall be constructed on the property line, except where an existing portion of a sidewalk already exists within the block on or near the curb. All sidewalks upon the side of the street and within the block where the existing property line sidewalks exists shall be constructed adjacent to the property line.

D. Curb. Curb to be installed when street is improved. However, in the case where a curbside sidewalk is required, the curb shall be installed as an integral part of the sidewalk installation.

Section 3. Requirement to Maintain and Keep Sidewalk in Repair.

Real property owners in the City of Yamhill shall maintain and keep in repair all sidewalks in the public right-of-way of the City that are in front of, adjacent to, or abutting upon any such owner(s) real property. Said repairs shall be completed within 180 days after notice by the City Council.

A. An existing sidewalk shall be considered in a state of disrepair when the condition or defect is such as would create a danger to pedestrians. Such conditions shall include but not be limited to breakage, cracks, upheaval, irregular surfaces, vertical or horizontal dislocation at joints, degraded or deteriorated composition of concrete materials, accumulations of moss or other organic growths, and other visible hazards.

B. The owner(s) of the real property in the City of Yamhill shall be liable for any person suffering personal injury or property damage by reason of any defect in the sidewalk adjacent to or abutting upon the real property of the respective owner(s) thereof.

Section 4. Standards and Specifications.

Sidewalks shall be constructed, altered, and repaired in accordance with the technical standards established by the City Council.

Section 5. Supervision of Work. The construction, alteration, or repair of sidewalks shall be under the supervision of the City Council.

Section 6. Sidewalks at intersections - Sharing of Costs.

Whenever any property owner constructs a sidewalk in compliance with this Ordinance in front of his/her premises along a city street and part of such sidewalk is installed and constructed within the street intersection, the City shall pay and reimburse such property owner for that portion of such sidewalk being within and subject to the availability City funds provided that such property owner notifies the City of completion of such sidewalk within 60 days after the completion thereof and such property owner had obtained the required permit for construction of said sidewalk and said sidewalk has been inspected and approved by the City. In the event the property owner fails to comply with this section, the City shall not be obligated to reimburse said property owner for any of the costs of said sidewalk in said street intersection.

Section 7. Violation and Penalties.

Any person violating the provisions of this Ordinance, upon due notification shall be subject to a fine of not less than five ($5.00) nor more than two hundred ($200.00) for each offense. In place of enacting a fine the City Council may elect to proceed with construction of said sidewalk improvements and place a lien on the property for costs incurred.

Section 8. Separate Violations.

A) Each day's violation of a provision of this Ordinance shall constitute a separate offense.

B) The construction of a sidewalk in accordance with the approved plans under Section 4 of this Ordinance, after being cited for violation of this Ordinance shall not constitute a penalty imposed for a violation of the Ordinance.

Section 9. Severability Clause.

All provisions of this Ordinance are severable. It being the intent of the City Council to enact this Ordinance, notwithstanding any parts declared invalid or unconstitutional. If any section, subsection, paragraph, or provision of this Ordinance is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this Ordinance.

Section 10. Repeal.

Ordinance No. 344 and all amendments thereto are hereby repealed, with the provisions that violation of these ordinances and all amendments thereto shall remain violations to the extent that the matters in violation do not conform to the provisions of this ordinance.

Section 11. Emergency Clause.

The Council desires and deems it necessary for the immediate preservation of the public health, peace, and safety, an emergency is hereby declared to exist and this Ordinance shall take effect upon its passage by the Council and approval by the Mayor.

Passed by the Council of the City of Yamhill this 25th day of May, 1994, by the following vote: