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ORDINANCE NO. 803
AN ORDINANCE: Charging the City Engineer of the City of Au-
burn with the inspection and Gsre of the sidewalks of said oity'
relating to the oleaning, repairing and renewing of unsafe side~
walks; providing for the assessment of the oosts of suoh oleaning
repairing and renewing against the property abutting thereonj and'
providing for the oolleotion of suoh assessments.
THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS:
Section 1.- That the purpose of this ordinanoe is to enable-the
City of Auburn to exeroise the powers and authority granted by Seo-
tions 9331 and 9332 of Remington's Compiled statutes of Washington
1922, and to provide for the applioation and enforoement of suoh '
power and authority.
Section 2. That the City Engineer of the City of Auburn be and
he hereby is charged with the inspeotion and oare of the sidewalks
along the publio streets, lanes, squares, plaoes and alleys of said
oity.
SeGtion 3. That whenever in the judgment of said City Engineer
the oondition of any SUGh sidewalk in the City of Auburn is suoh as
to render the same unfit or unsafe for purposes of publio travel,
the City Engineer shall thereupon serve a notioe on the owner of the
property immediately abutting upon said portion of said unsafe side-
walk stating the oondition of suoh sidewalk, and instruoting said
owner to olean, repair or renew the said portion of said sidewalk
under the direotion and to the satisfaotion of the City Engineer.
Suoh not ioe shall speoify a reasonable time, at least 1 b~ days
from and after the date of service of suoh notioe, within whioh suoh
cleaning, repairing or renewing snaIl be executed by the owner, and
shall state that in oase the said owner shall fail to do suoh olean-
ing or to make suoh repairs or renewal within the time therein spe-
oified, then said City Engineer will prooeed to olean said sidewalk
or to make such repairs or renewal forthwith, and will report to the
City Counoil at its next regular meeting or as soon thereafter as
possible, the date to be definitely stated, an assessment-roll show-
ing the lot or parGel of land immediately abutting upon that portion
of the sidewalk so improved,the oost of suoh improvement or repair
and the name of the owner, if known, and that the oounoil will hear
any or all protests against the proposed assessment. Suoh notioe
shall be deemed suffioiently served if delivered in person to the
owner of the property or his authorized agent, or by l~aving a oopy
of such notice at the home of the owner or authorized agent, or if
the owner is a non-resident, by mailing a oopy to his last known
address, or if the owner of the property be unknown or if his ad-
dress be unknown, then suoh notioe shall be addressed to the gener-
al delivery office of the oity wherein the improvement is to be made.
Section 4. In oase the owner of any property abutting on any
sidewalk so found to.be unfit or unsafe for purposes of pu~lio trav-
el, who has been served with a notioe of the condition of suoh side-
walk and to olean, renew or repair the same as provided in Seotion
3 of this ordinanoe, shall fail or negleot to olean, repair or renew
suoh sidewalk within the time speoified in suoh notioe, it shall be
the duty of the City Engineer , aoting for and on behalf of the City
of Auburn, to oause suoh sidewalk to be oleaned, repaired or renewed,
and to oause to be filed in the offiGe of the city clerk of the City
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of Auburn an assessment-roll showing the lot or paroel of land im-
mediately abutting on that portion of the sidewalk so improved,
the oost of suoh improvement or repair, and the name of the owner,
if known. The City Counoil shall hear any and all protests against
suoh proposed assessment and at the time in suoh notioe designated
or at an adjourned time or times, by ordinanoe assess the oost of
suoh work against the abutting property in aooordanoe with the bene-
fits derived therefrom. Suoh oost, when so assessed, shall become
a lien upon the abutting property and together with penalty and
interest, if any, shall be oolleoted by due process of law. Suoh
Gost, when so assessed, if not paid within .3 O' days after the
date of the publiGation of the assessing ordinanGe, shall thereupon
beoome delinquent and there shall be added a penalty thereon of five
per oent (5%), and suoh oost shall bear interest from the date of
delinquenoy until paid at the rate of eight per oent (8%) per annum.
Seotion 5. That for the purposes of this ordinanoe, in order
to reduoe overhead oosts and to save unnecessary costs and expenses,
two or more lots or paroels of land abutting upon sidewalks improved
by the City of Auburn as in this ordinance provided, whether owned
by the same person or persons or not so owned, may be inGluded in
the same assessing ordinanoe, and that all assessment liens to be
oreated under the provisions of this ordinanoe and then remaining
unpaid, may be inoluded in one prooeeding or aotion to foreclose
suoh liens and sell the property thereby affeoted.
SeGtion 6. That if any seotion, sentenoe, olause or phrase of
this ordinance shall be adjudicated invalid, suoh adjudioation shall
not affeot this ordinanoe as a whole or any part thereof not adjudi-
oated invalid.
. - "'-Introduoed Deoember-2l, 1937.'
Passed ~t..., ~ I, 193 .
Approve b<...~!Iw -:... I ,1113_.
/} &t/L
{J Mayor
Approved as to form:
~(~~rney
Publish~_ ,;j~
193t.
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