Loading...
1988-10864-Ordinance No. 88-014 Recorded 5/20/198888-10864 EVIE LEG COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF QDES 'CHUTES COUNTY. An Ordinance Adding Chapter * 009a�-1460 12.35, "Sidewalks", to the Deschutes County Code and Declaring an Emergency. ORDINANCE NO. 88-014 k' = THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COU5*1 .— OREGON, ORDAINS as follows: 1 Section 1. The Deschutes County Code is amended by the addition of Chapter 12.35, "Sidewalks", as set forth below. "12.35.010 TITLE. This title and amendments known as the Deschutes County so cited. 12.35.020 PURPOSE. thereto shall be collectively Sidewalk Ordinance, and may be It is the purpose of this title to provide uniform standards for the construction and placement of sidewalks within each urban growth boundary within Deschutes County, Oregon, and to require all new development to ensure con- struction of sidewalks. 12.35.030 DEFINITIONS. A. "Sidewalk:" means a concrete walkway which meets the design and construction standards set forth in Section 12.35.040 of this title, and is used primar- ily by pedestrians as a means of foot travel. B. "Property Owner" means "owner" as defined in ORS 368.001(4). Where an owner has property frontage on two roads not including corner lots, and the County has denied the owner access to a County arterial or collector, the County shall be deemed the owner of that portion of the arterial or collector where access has been denied for the purposes of this chapter. 12.35.040 SIDEWALK STANDARDS. All sidewalks shall be constructed in accordance with Section 17.48.440 of this Code, and to the line and grade specified by the County. Temporary walkways shall be constructed as directed by the County. 1 - ORDINANCE NO. 88-014 (5/18/88) KEYCPED ���y 1988 0090=1461 12.35.045 REPAIRS. A. All property owners shall maintain sidewalks within public right-of-way or on public easements adjacent to their property in good repair. If any such sidewalk is not maintained in good repair, the Board may send a notice by certified mail to the owner re- quiring the owner to repair the sidewalk, setting forth the nature and extent of repairs and the time, not less than 30 days after the date of the notice, within which the owner must make the specified repairs. B. If the owner does not make the repairs within the time allowed, the Board may order the repairs to be made. The Board shall file the order, including a description of the abutting property, with the County Clerk. The recorded order is notice that the described property is subject to a lien for the cost of the side- walk repairs, in an amount to be determined later by order of the Board. The County may seek payment, reimbursement and enforcement of the lien in accordance with ORS 368.910 to and including ORS 368.925. 12.35.050 SIDEWALK PERMIT. A. The obtaining of a sidewalk permit from the County is required prior to the start of any repair, alteration or construction of a sidewalk. In addition, where a sidewalk is to be constructed subsequent to obtaining a building permit, the sidewalk permit is required prior to the issuance of a building permit. B. Sidewalk permit fees and inspection fees shall be established in accordance with Chapter 4.12 of this Code. A sidewalk guarantee shall be determined and imposed in accordance with Section 17.24.090 of this Code. The fee shall be reasonably designed to reimburse the expense of enforcing the regulations. The performance guarantee requirement shall be reason- ably designed to assure the proper performance in accordance with these regulations. C. The sidewalk permit shall be issued pursuant to the procedure set forth in Division I of Title 12.08, "Permit Procedures" of this Code. 12.35.055 SIDEWALK REQUIREMENTS FOR NEW BUILDING CON- STRUCTION. When a sidewalk in good repair does not exist, an applicant for a building permit shall, prior to obtain- ing the building permit, obtain a sidewalk permit for 2 - ORDINANCE NO. 88-014 (5/18/88) 0090=1462 the full frontage of the lot or parcel. No final inspection or certificate of occupancy shall be issued for said building permit until there exists a fully constructed sidewalk in good repair in accordance with the requirements of the sidewalk permit. 12.35.060 LAND DIVISION SIDEWALK REQUIREMENTS. A. Sidewalk requirements imposed upon an ap- plicant by this chapter shall be met and ensured as provided under 12.35.050, and the sidewalk shall be constructed in conjunction with the construction of any required road or street. B. For those subdivision or major partitions where new roads are constructed to County specifica- tions, the lack of completed sidewalks shall preclude the establishment of said roads as County roads. 12.35.065 DEVELOPED AREA SIDEWALK. The County shall develop a comprehensive urban pedestrian walkway system to achieve the land use and transportation plans. This section will enable side- walks to be constructed adjacent to existing develop- ment which is essential to achieving the objectives of the Transportation Plan. A. Whenever the Board deems it necessary, upon its own motion, the Board may initiate proceedings to consider a local improvement district for the construc- tion, alteration, repair and/or maintenance of side- walks. The Board shall initiate said proceedings upon its own motion, or the Board may initiate proceedings upon receipt of a petition from at least 60% of the property owners within the proposed local improvement district, provided the petitioners also represent a majority of the foot frontage abutting the public right-of-way within the proposed area. B. The Public Works Department, in consultation with the Planning Department, shall propose and submit to the Board an annual sidewalk improvement program. Upon acceptance and approval of said program by resolu- tion of the Board, it shall be implemented through the local improvement district process or through Section 12.35.045. C. Notwithstanding Section 12.35.065(B), where an existing pedestrian sidewalk is incomplete due to missing segments which are no longer in length than the frontage of three (3) parcels or lots, the County may 3 - ORDINANCE NO. 88-014 (5/18/88) 6090-1463 direct such segments be constructed through a local improvement district or in accordance with the proce- dures of Section 12.35.045. 12.35.070 PROHIBITED ACTIVITIES AND USES. A. Any activity or use which might obstruct or otherwise impede the normal passage of pedestrians and bicycles on sidewalks shall be prohibited. Such ac- tivities or uses shall include, but not be limited to, the following: 1. The parking of a motor vehicle, except emergency vehicles, on or over any portion of a sidewalk; 2. The dumping, depositing or placing of refuse or leaves upon a sidewalk; 3. Allowing an accumulation of snow or ice to remain upon the sidewalk; 4. The sale or display of merchandise on or near a sidewalk in such a way that the merchandise or prospective buyers of it might impede or obstruct the passage of pedestrians or bicyclists; and 5. The growth of trees, bushes or other plants in such a way that any part of the plant growing on or over a sidewalk might impede or obstruct the passage of pedestrians or bicyclists or create a site distance hazard for users of the right-of-way. B. The use of motorized vehicles, horse-drawn vehicles, or horses on any sidewalk is prohibited, except where sidewalks must be crossed in order to gain access to a driveway, road, street, alley or parking area. Non -motorized vehicles such as bicycles may be used on sidewalks for normal passage. The users of such vehicles shall not operate them in such a manner to impede, hazard or prevent the normal passage of pedestrians. 12.35.075 OWNERS TO FILL GROUND BETWEEN CURB AND SIDE- WALK. It shall be the duty of all property owners to fill with earth, river rock, brick, gravel, loam, cinders, mulching materials or Portland cement con - 4 - ORDINANCE NO. 88-014 (5/18/88) 0090=-1464 crete any space between a curb and sidewalk in front of their property and to the curb line of the street at the intersections to a level grade with the curb and sidewalk. A ground cover, flowers, or trees may be used compliance with this Section. 12.35.075 LIABILITY FOR SIDEWALK INJURIES. A. The property owner is responsible for con- structing, maintaining and removing obstructions from a sidewalk adjacent to the property and shall be liable for all personal injury or property damage arising from the property owner's fault or negligence in failing to keep clear, maintain or construct an abutting sidewalk. B. If the County is required to pay damages for an injury to persons or property owners caused by the failure of a person to perform the duty which this Section imposes, the person failing to perform the duty shall compensate the County for the amount of the damages thus paid. The County may maintain an action in a court of competent jurisdiction to enforce the provisions of this Section. 12.35.085 ACCESS. During the construction of walks, it shall be the permit holder's responsibility to afford and assure reasonable access to private property by the property owner and invitees. This shall include the placing of planks, gravel, or crushed rock on walkways and drive- way approaches. 12.35.090 VARIANCE. Variances to the provisions of this Chapter may be granted in accordance with Chapter 17.56 of this Code if any of the following criteria exist: A. Topographic or environmental features make construction physically impossible; B. The street ends in a cul-de-sac; C. In industrial areas where access to schools, residences, employment or shopping centers, recreation or transit facilities is not necessary; D. Adequate right-of-way cannot be obtained or line and grade cannot be established or met, in which case a temporary walkway may be required as directed by the Director of Public Works; or 5 - ORDINANCE NO. 88-014 (5/18/88) 0090=1405 E. Upon findings that a pedestrian walkway is not required to meet land use or transportation plan goals. 12.35.100 VIOLATION - NUISANCE. Any violation of this Chapter is declared a nui- sance. 12.35.110 VIOLATION - INFRACTION. Violation of any provision of this Chapter is a Class B infraction." Section 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this q day of 1988. BOARD O COUNTY COMMISSIONERS OF DWHUTJyS COUNT OREGON STOW PRANTE, Commissioner ATT T: TOM T 0019, Co issioner Recording Secretary 151'rK_ntbLIN, Chairman 6 - ORDINANCE NO. 88-014 (5/18/88)