AN ORDINANCE AMENDING TITLE 2, LOCAL IMPROVEMENTS, CHAPTER 2.16, SIDEWALK REGULATIONS, OF THE YAMHILL MUNICIPAL CODE; 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 ORDAINS AS FOLLOWS:

SECTION 1. For clarification and understanding of the overall implications and objectives of the City Council in the construction of the proposed amendments to this Yamhill Municipal Code Chapter, the currently existing Municipal Code and proposed changes to that code are both contained within the body of this Ordinance. The following proof-readers marks shall be observed in understanding the content of the Ordinance:

aaaaaaaa Currently Existing Municipal Code

aaaaaaaa Existing Municipal Code to be removed

aaaaaaaa New Municipal Code being added

SECTION 2. Yamhill Municipal Code Chapter 2.16, Sidewalk Regulations, is hereby amended to read as follows:

Sections:

2.16.010 Definitions

2.16.020 Applicability of Chapter

2.16.030 Requirement to Install sidewalk

2.16.040 Requirement to Maintain and Keep Sidewalk in Repair

2.16.050 Injury or Property Damage

2.16.060 Installation and Repairs to City Specifications

2.16.070 Obstructions

2.16.080 Wheel Chair Ramps Required at Street Intersections

2.16.090 Construction Permits and Inspection Required

2.16.100 Standards and Specifications

2.16.110 Driveway Approach Specifications

2.16.120 Supervision of Work

2.16.130 Sidewalks at intersections - Sharing of Costs

2.16.140 Notice of Violation - Provisions

2.16.150 Hardship Consideration

2.16.160 Failure to Install - City Procedure to Install

2.16.170 Application of Chapter; Summary Abatement

2.16.180 Violation--Penalties

2.16.190 Separate Violations

2.16.200 Severability Clause

2.16.010 Definitions. As used in this Chapter, the following words and phrases shall mean:

"Alley Approach" shall mean that portion of a sidewalk which crosses the entrance from any street to any dedicated alley.

"Driveway Approach" shall mean that portion of a service driveway lying within the sidewalk and constructed so as to allow the safe passage of vehicles across the sidewalk.

"Hardship" shall include, but not be limited to, persons who lack the amount of income which is necessary, as determined by the City Council, to enable them to provide the extra costs associated with the installation of a sidewalk.

"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.

"Notice" shall mean a written notice to the affected party directed to such party by first class and 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.

"Outbuilding(s)" shall mean a building, as a shed, or garage, that is separate from the main building, which requires a building permit to construct.

"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.

"Remodeling" shall mean a structural improvement or new construction made to any structure in which the new construction or improvement exceeds 50 25 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.

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

"Value of Improvements" shall be the total cost of construction for all classes of work, based on the most current building valuation data provided by the State of Oregon, Building Codes Division, Building Valuation Data tables. (Ord. 403, §1, 1994; Ord. 432, §1(part), 1998)

2.16.020 Applicability of Chapter. Except as may be limited by ORS 223.880, 366.460, 368.910, 373.020, 373.030, 477.310, or other applicable and paramount statutes, laws, or regulations, the State of Oregon and the County of Yamhill shall be subject to the requirements of this Chapter as it applies to state or county owned rights-of-way or abutting state or county owned property located within the City of Yamhill.

2.16.030 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 2.16.010, 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.

(A) It is hereby made the duty of every property owner whose property abuts upon any street that has been improved with hard-surface pavement, or along any street, the grade of which has been established and which has been improved by the installation of curbs at grade, to construct a concrete sidewalk conforming to the regulations of the City prior to an occupancy permit being issued for new construction/development; or within 180 days from the completion of any remodeling, as described in definition in Section 2.16.010; or within 180 days from the completion of any outbuilding as described in definition in Section 2.16.010; of any structure located upon the property of such owner.

(B) It is hereby made the duty of every property owner whose vacant, undeveloped, or developed property abuts upon any street that has been improved with hard-surface pavement, or along any street the grade of which has been established and which has been improved by the installation of curbs at grade, to construct a concrete sidewalk conforming to the regulations of the City within three (3) years from the date this Chapter takes effect.

(C) It is hereby made the duty of every property owner whose property abuts upon any street that has been improved with hard-surface pavement or along any street, the grade of which has been established and which has been improved by the installation of curbs at grade, to construct a concrete sidewalk conforming to the regulations of the City, within 180 days from receipt of a notice from the City, that either:

(1) Installation of fifty percent of the sidewalks, of all street frontage, have been completed within the block, on the property owner's side of the street;

(2) That installation of sidewalks have been installed on both properties immediately adjacent to, and within the same block as the property owner; or

(3) That installation of sidewalks have been completed on one hundred percent of all street frontage, on the same side of the street, in the blocks immediately adjacent to both ends of the property owner's block. (Ord. 403, §2, 1994; Ord. 432, §1(part), 1998)

2.16.040 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 rights-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 60 days, weather permitting, after notice by the City Council Public Works Superintendent, or City Recorder.

(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. (Ord. 403, §3, 1994; Ord. 432, §1(part), 1998)

2.16.050 Injury or Property Damage. 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, and shall hold the City harmless. (Ord. 403, §3, 1994; Ord. 432, §1(part), 1998)

2.16.060 Installation and Repairs to City Specifications.

(A) All installations and repairs undertaken pursuant to this Chapter shall be according to City specifications as set forth in the provisions of this Chapter, a copy of which shall at all times be available for public inspection in the office of the City Recorder.

(B) All installations and repairs shall also comply with the City's general "Sidewalk Guidelines", which shall be established by Council by resolution.

2.16.070 Obstructions It is hereby made a duty of every property owner to remove any obstacle or obstruction to any sidewalk abutting or located on such property owner's property and to maintain and afford continuous unobstructed access to such sidewalk to the public.

2.16.080 Wheel Chair Ramps Required at Street Intersections. Whenever any sidewalk is repaired, replaced, or newly constructed within the intersection of any public streets, such repair, replacement or new construction shall be completed to conform with the American Public Works Association standards for wheel chair ramps. Dimensions and specifications for wheel chair ramps shall be as set forth by the American Public Works Associations, 1990 Standard Specifications for Public Works Construction, as amended.

2.16.090 Construction Permits and Inspection Required.

(A) No person, firm, corporation, or unit of government other than the City of Yamhill, shall construct any sidewalk without first applying for and receiving a permit to so construct such sidewalk from the City.

(B) No sidewalk shall be constructed by any person, firm, corporation, or unit of government, other than the City of Yamhill, without the construction thereof being inspected by the Public Works Superintendent, or his/her designee, and approved by him/her as conforming to the standards of the City of Yamhill.

2.16.100 Standards and Specifications.

(A) All sidewalks and driveway approaches hereafter constructed within the City of Yamhill shall be constructed, altered, and repaired in accordance with the technical standards established by the City Council as set forth by the American Public Works Associations, 1990 Standard Specifications for Public Works Construction, as amended, and any other applicable laws, statutes, and/or ordinances.

(B) All sidewalks hereafter constructed or repaired shall be of the following minimum width, exclusive of any curb:

(1) Within a commercial zone as defined by the Zoning Regulations of this City, or adjacent to any property owned, used, or to be used for school or public education purposes, the minimum width shall be eight (8) feet, or shall conform to the existing width, if it is wider.

(2) Elsewhere - five (5) feet, except curb line walks shall be five (5) feet inclusive of curb surface, or conform to existing width.

(C) All sidewalks shall be four (4) inches minimum thickness and six inches minimum thickness across driveways and alley approaches.

(D) Sidewalks shall have a fall of 1/4th of an inch per foot from the property line toward the curb, and shall be so laid that the street side of the walk shall be at an elevation equal to that of the curb of the street, or the crown of the road, unless the Public Works Superintendent shall otherwise authorize.

(E) All sidewalks shall be laid adjacent to the property line except;

(1) Where an existing portion of sidewalk already exists within the block on, or near, the curb line, all sidewalks upon that side of the street and within the block where the existing curb line sidewalk exists shall be constructed adjacent the curb line.

(2) Where the City Council, by variance, shall provide otherwise.

(F) The Public Works Superintendent may authorize the installation of a meandering sidewalk provided said walk does not substantially inconvenience the general public nor create an apparent traffic or pedestrian hazard.

(G) All cuts, or demolition, made to existing city sidewalks, or to adjoining city street, shall be made by concrete or pavement saw cuts and appropriate saw cutting equipment at locations approved by the Public Works Superintendent. Any cuts made to a city curb or city street shall be repaired and repaved in compliance with city street specification, at the property owner's sole expense. All such repairs to a city street shall be made at the property owner's expense. (Ord. 403, §4, 1994; Ord. 432, §1(part), 1998)

2.16.110 Driveway Approach Specifications.

(A) All driveway approaches and alley approaches hereafter constructed within the City of Yamhill shall be constructed of concrete cement compounded of Portland cement, clean sand, clean gravel, and water in sufficient quantities to comply with the standards and specifications set forth by the American Public Works Associations, 1990 Standard Specifications for Public Works Construction, as amended.

(B) Driveway approaches shall be a minimum of 18 feet in width for a single driveway entrance, or 24 feet in width for double entrance within each 100 feet of property frontage. In no event shall a driveway width extend beyond the property line or lines of the owner of the property wherein the service driveway is installed. Alley approaches shall be constructed so that the width conforms to the width of the alley.

(C) Driveway portions of sidewalks and alley approaches shall be scribed and finished, and shall be separated from such walks and curbs by a cold joint, or one-half inch expansion joint.

2.16.120 Supervision of Work. The construction, alteration, or repair of sidewalks shall be under the supervision of the City Council Public Works Superintendent. (Ord. 403, §5, 1994; Ord. 432, §1(part), 1998)

2.16.130 Sidewalks at intersections - Sharing of Costs. Whenever any property owner constructs a sidewalk in compliance with this Chapter in front of his/her premises along a city street and part of such sidewalk is installed and constructed within the street intersection, or within the alley approach, the City shall pay and reimburse such property owner for that portion of such sidewalk being within the street intersection or alley approach, at the prevailing rate per square foot, 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. (Ord. 403, §6, 1994; Ord. 432, §1(part), 1998)

2.16.140 Notice of Violation - Provisions. All violation notices which are mailed to the property owner shall contain the following information:

(A) All notices shall provide any additional options which may be available to the property owner at the time of the notice including, but not limited to:

(1) Potential hardships in installing a sidewalk shall have the right to contact the City Recorder for information associated with an extension in the deadline for correction of the violation, in accordance with Section 2.16.150, Hardship Consideration;

(2) Notices of violation shall include a reference to Yamhill Municipal Code, Chapter 2.28, Public Works Variances, as a potential method of correcting the violation;

(3) Notices of violation shall include any other potential remedies for abating the violation which the City has in effect at the time of preparation of the Notice.

2.16.150 Hardship Consideration.

(A) In cases of extreme hardship, the City Council shall have the discretion of extending the deadline for installing, or repairing, a sidewalk upon receipt of a satisfactory installment/repair plan for the correction of the violation.

(B) In the exercise of the authority granted by this section, the City Council may establishing a policy, by Resolution, addressing the standards and practices for waiver and/or deferment of installing, or repairing a sidewalk.

2.16.160 Failure to Install - City Procedure to Install. When a property owner has failed to install or repair a sidewalk as required by any section of this Chapter, the City Recorder, or Public Works Superintendent, shall proceed as follows:

(A) Submit a report to the City Council with a recommendation regarding construction, or repair, of the sidewalk by the City and set a time and place for a hearing by the City Council.

(B) Send a notice of the hearing to the property owner by regular mail (plain envelope) and certified mail to the address listed on the county tax roll records. Such notice shall:

(1) Be mailed at least ten (10) working days prior to hearing.

(2) State the time and place for hearing and specify that the property owner will have the opportunity to testify.

(3) Make reference to the specific violation.

(4) State the work to be done.

(5) State the name of the staff member the property owner should contact for details.

(6) State the specific action the City Recorder, or Public Works Superintendent, is requesting the Council to take in regards to the property.

(7) Estimate the cost of installation or repair if the City performs the work and state that the estimate is not binding upon the City and merely provided for property owner's information and convenience.

(C) At the Council hearing the Council shall:

(1) Receive the City Recorder's, or Public Work Superintendent's report, staff comments, and the testimony of the property owner if said owner desires to testify.

(2) Deliberate and reach a decision based upon the testimony received, and either approve or deny the request of City Recorder, or Public Works Superintendent, to install the sidewalk if the property owner has not complied in ten (10) working days/or has not made other specific arrangements that are approved by the City Recorder, or the Public Works Superintendent.

(D) Notice to the property owner of the Council's decision shall be given by regular mail (plain envelope) and certified mail and shall contain the following information:

(1) Council's decision.

(2) A requirement that action occur within ten (10) working days from the date of the notice.

(3) The opportunity to make arrangements with the City Recorder, or Public Works Superintendent, for prompt construction or repair of the sidewalk, taking into consideration the weather or other work in progress.

(4) The name of the staff member the property owner may contact for details or with whom other arrangements may be made that satisfy the requirements of this Chapter.

(5) Notice to the property owner that if he fails to perform, the City will contract to have the work done and will add 30 percent administrative charge to all costs; will charge interest at 12 percent annually; and in addition, Council will levy an assessment against the property and file a lien in the City lien docket with collection upon foreclosure or upon sale of property.

(E) In the event the owner(s) of the property, or properties, subject to the above procedure fail(s) to make said improvements or repairs as directed by the Council and the City Recorder, or Public Works Superintendent, have caused said sidewalk to be installed or repaired, then the City Recorder shall report to the Council the cost thereof, including 30 percent for administrative costs, together with the name or names of the owner(s) of record of the real property abutting said sidewalk. Upon the approval of the Council, by Ordinance, the same shall become a lien against the adjacent real property. Said lien shall have priority over all other liens against such property, save and except such liens or taxes as by law take precedence.

2.16.170 Application of Chapter; Summary Abatement. The procedure provided by this Chapter is not exclusive but is in addition to any procedure provided by any other Chapters.

2.16.180 Violation--Penalties.

(A) Any person violating the provisions of this Chapter, 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.

(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.

(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute.

(C) 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. (Ord. 403, §7, 1994; Ord. 432, §1(part), 1998)

2.16.190 Separate Violations.

(A) Each day's violation of a provision of this Chapter shall constitute a separate offense, punishable as set forth in this Chapter.

(B) The construction of a sidewalk in accordance with the approved plans under Section 2.16.100 of this Chapter, after being cited for violation of this Chapter shall not constitute a penalty imposed for a violation of the Chapter. (Ord. 403, §8, 1994; Ord. 432, §1(part), 1998)

2.16.200 Severability Clause. All provisions of this Chapter are severable. It being the intent of the City Council to enact this Chapter, notwithstanding any parts declared invalid or unconstitutional. If any section, subsection, paragraph, or provision of this Chapter is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this Chapter. (Ord. 403, §9, 1994; Ord. 432, §1(part), 1998)

SECTION 3. This Ordinance hereby amends Yamhill Municipal Code Chapter 2.16, Sidewalk Regulations. All remaining portions of Yamhill Municipal Code, Title 2, Local Improvements, are hereby reaffirmed in their entirety.

SECTION 4. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 9th day of December , 1998.