HomeMy WebLinkAbout0773 Ordinance46 'IN
ORDINANCE NO.I��
AN ORDINANCE RELi_TING TO TILE C017STRUCTION OF SIDE II.LNS; PROVIDING FOR
THE 'PAYMJfNT OF THE COSI' THE' EOF BY OJINERS OF ABUTTING PROPERTY, AND
FOR THL .APPLICATION FI?D ENFORCEMENT OF CHAPTER 149, LAWS OF U1ASI=_Il'IGTON,
1915 (RCia1 35-70).
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section I. DEFINITIONS. For the purpose of this ordinance, all
property having a frontage on the sidewalk }margin of any street or other
public place shall be deemed abutting property, and such property shall
be chargeable as provided in this ordinance, with all costs of construc-
tion of any form of sidewalk improvement between the margin of said
street or other public place and.th6-;roadway lying in front and adja-
cent to said property; and the term sidewalk as used in this ordinance
shall be construed to mean and in.c.ude any and all structures and forms
of improvements included in the space between the street margin and the
roadway known as the sidewalk area.
Section II. CONIVENIENCE .AND NECESSITY REPORTED BY SUPERINTENDENT.
If in the judgment of the officer or department having superintendence
of streets and public places in the City of Pasco, public convenience
or safety requires that a sidewalk be constructed along either side of
any street, he shall report the fact to the City Council immediately.
Section III. COUNCIL'S RESOLUTION AlV.0 N3TICE -ADOPTION. If upon
receiving a report from the proper officer, the City Council deems the
construction of the proposed sidewalk necessary or convenient for the
public it shall by an appropriate resolution order the sidewalk con-
structed and shall cause a written notice to be served upon the owner
of each parcel of land abutting upon that portion and side of the street
where the sidewalk is constructed, requiring him to construct the side-
walk in accordance with the resolution.
Section IV. COUNCIL'S RESOLUTION AND NOTICE - CONTENTS. The
resolution and notice and order to construct a sideiwa.lk shall:
(1) Describe each parcel of land abutting on that portion and side of
the street where the sidewalk is ordered to be constructed, (2) Specify
the kind of sidewalk required, its size and dimensions, the method and
'r,
material to be used in construction, (3) Contain an estimate of the
cost thereof, and (4) State that unless the sidewalk is constructed
in compliance with the notice, and within a reasonable time therein
specified, the City of Pasco will construct the sidewalk and assess
the cost and expense thereof against the abutting property described
in the notice.
Section V. NOTICE OF RESOLUTION iiND ORDER - SERVICE. The notice
shall be served: (1) By delivering a copy to the owner or reputed
owner of each parcel of land affected, or to the authorized agent of
the owners, or (2) by leaving a copy thereof at the usual place of
abode of such owner in the City of Pasco with a person of suitable age
and discretion residing therein, or if the owner is a non-resident of
the City of Pasco and his place of residence is known, by mailing a
copy to the ov ner addressed to his last known place of residence, or
(4) if the plade of residence of the owner is unknown or if the owner
of any parcel of land affected is unk-sown, by publication in the offic-
ial newspaper of the City of Pasco once each week for two successive
weeks. Such notice shall specify a reasonable time within which said
sidewalk shall be constructed which in the case of publication of the
notice shall not be less than sixty days from the date of the first
publication of such notice.
Section VI. SJPERIsITENDLNT' TO CO?:STR*CCT AND PRE LIFE ALZESEIMENT
ROLL. If the ;notice and order to construct a sidewalk is not complied
with within the time therein speci{'ied, the officer or department having
the superintendence of strer1s sha11 proceed to construct said sidewalk
forthwith and shall report to the City Council at its next regular
meeting or as soon t'iereafter as is practicable an assessment roll
showing cac'.'i parcel cf land abutting u�Don the side,,, lk, the name of the
owner thereof if frcwn, olra apportion the test of sairr-1 itpprovement to
be assessed against each ercel of such land.
Section VII. :_'-`,_FLING ON ASS:?,LSMENT ROLL - NOTICE. Thereupon the
City Council shall set a date for hearing any- Prot-3sts against the
proposed css-ss.nont rc11 and shall cause a notice of the time and place
of said he,7r;_--6- tc '-e published for two successive c•aeeks in the official
newspaper of the City of ?asco, the _kste r) --r s, id hearing to ':e _got less
than thirty days from the date of the first publication of notice. At
the hearing or at any adjournment thereof the City Council by ordinance
shall assess the cost of constructing the sidewalk against the property
in accordance with the benefits thereto.
Section VIII. LIEN OF.ASSESSME,TTS AND FORECLOSURE. The assess -
meats shall become a lien upon the respective parcels of land and shall
be collected in the manner provided by law for the collection of local
improvement assessments and shall bear interest at the rate of six per
cent per annum from the date of the approval of said assessment thereon.
Section IX. PROVISIONS OF ORDINANCE NOT EXC-UUSIVE. This ordinance
shall not be construed as repealing or amending any provision relating
to the improvement of streets or public places by special assessments
commonly known as local improvement laws, but shall be considered as
additional legislation and auxiliary thereto.
Section X. This ordinance shall be in full force and effect from
and after five (5) days from the date of its passage and publication
as provided by law.
PASSED by the City Council this JZ of
1953
APPROVED by the Mayor this day of 8!9) _ , 1953,
.ATTEST:
P�Iayor
City Cler
.APPROVE AS TO FORM:
City .Attorney