2596^
ORDINANCE NO.2596
AN ORDINANCE AMENDING CHAPTER 12.12 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "SIDEWALK CONSTRUCTION"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 12.12 ofthe Moses Lake Municipal Code entitled "Sidewalk Construction" is amended as
follows:
12.12.060 Duty to Maintain Sidewalks:
A.The owner or occupier of property that abuts sidewalks or abuts dedicated city right-of-way or
deeded city property adjacent to sidewalks shall bear the duty and expense of maintaining
sidewalks ina good state of repair,free from obstructions,and ina clean condition.However,
the city shall bear the duty and expense to repair sidewalks in the Paver District that are
constructed with concrete brick pavers,and all sidewalks that were constructed of concrete
brick pavers through city participation. For sidewalks to be in a good state of repair, the
sidewalks shall not have any vertical differences ofone inch (1")or greater;and they shall not
have any contiguous areas of spalling greater than four (4)square feet.Exposed aggregate
in existing sidewalks shall be considered spalling when the surface wear measures one-
quarter inch (1/4") or greater in differential elevation.
B.The citymay participate in sidewalkrepairs forsidewalks that are widerthan sixfeet (6'). Such
participation may be made for sidewalk repairs that are within the right-of-way and that are
beyond the first six feet (6') of sidewalk nearest to the curb. Such participation is validonlyif
the city has provided written pre-approval for the sidewalk repairs. When the city agrees to
participate with sidewalk repairs for over-width sidewalks,the owner will pay the contractor for
the full repairs;and the city will make payment directly to the owner for pre-approved sidewalk
repairs after the owner has provided a paid invoice from their contractor.
C.Chapterl2.20 of the Moses Lake Municipal Code provides requirements for sidewalk service
requirements.
Section 2.The City Council declares that an emergency exists and this ordinance is deemed a public
emergency ordinance necessary for the protection of public health,public safety,public property,or public
peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the
whole membership of the City Council vote in favor of passage.
Adopted by the City Council and signed by its Mayor on December 14,2010.
Jon Lane^Mayor
ATTEST:
Ronald R.Cone,Finance Director
APPROVED AS TO FORI
^^/James A.Whitaker,City Attorney