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HomeMy WebLinkAboutUntitled ORDINANCE NO. 6904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 12.12 OF THE CITY CODE RELATING TO PUBLIC SIDEWALK AREAS TO ADDRESS ARTIFICIAL TURF WHEREAS, Chapter 12.12 of the Auburn City Code provides for improvement and maintenance responsibilities related to the area of the sidewalk along either side of any street within the City, including landscape strips; and WHEREAS, the current provisions of Chapter 12.12 ACC do not address artificial turf within landscape strips; and WHEREAS, revisions of Chapter 12.12 ACC to address maintenance, repair, and replacement responsibilities are necessary to address artificial turf. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 12.12 of the Auburn City Code is amended to read as shown on Exhibit A. Section 2. Implementation.The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6904 January 30, 2023 Page 1 Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: FEB 2 1 2023 PASSED: FEB 21 2023 APPROVED: FEB 2 1 2923 CITY OF AUBURN NANCY BAC ,k, MAY-41R ATTEST: Shawn Campbell, C, City Clerk APPROVED AS TO FORM: Kendra Comeau,Comeau, City Attorney Published: 1_ 13A(AM/A -PiAt &tOt-VN Ordinance No. 6904 January 30, 2023 Page 2 Ordinance 6904 Exhibit A Chapter 12.12 PUBLIC SIDEWALKS 12.12.232 Maintenance responsibility. The maintenance of the area of the sidewalk along either side of any street shall be the duty,'burden and expense of the abutting property owner.Maintenance shall include removal of debris,moss,snow and ice, cleaning of sidewalks,maintenance of vegetation,including but not limited to maintenance of vegetation consistent with sight distance and vegetation clearances in accordance with any other city code,and maintaining barriers or fences along the sidewalk where the sidewalk is elevated more than two feet above the abutting property.Artificial turf in the sidewalk,as defined by ACC 12.02.020(B),shall be the responsibility of the abutting property owner to maintain.Artificial turf shall be maintained in a condition free of holes,tears, bulging,rippling and rough edges. (Ord.6672§ 1,2018.) 12.12.234 Repair and replacement responsibility. The repair and/or replacement of sidewalk including the repair and/or replacement of artificial turf,as defined by this-seetionChapter 12.12 ACC,shall be the responsibility of the abutting property owner unless determined otherwise by the city engineer.If a property owner believes the damaged sidewalk and/or sidewalk needing replacement is/are the city's or someone else's responsibility,the property owner must notify the city engineer in writing with sufficient documentation of the cause of the damage and justification of why the repair and/or replacement should not be considered the responsibility of the abutting property owner. Damage caused to the sidewalk by vegetation located on private property,lack of regular maintenance by the abutting property owner,or damage that is in any way caused by the abutting property owner shall be the responsibility of the private property owner to repair subject to Chapter 12.66 ACC.(Ord.6672§ 1,2018.) Unless an emergency situation exists as determined by the City,the City or other permitted entity will seek to provide notice to the abutting property owner prior to conducting work that may impact the artificial turf a minimum of 3 business da s in advance of the work and re.uest that the .ro ert owner remove,at their own expense,the artificial turf prior to the commencement of the work.If the property owner does not remove the artificial tuf within the timeframe requested,the City or other.permitted entity may remove the artificial turf and place it on the abutting property.The City or other permitted entity conducting the work is not responsible for damage to the artificial turf and is not responsible for resetting the turf.The abutting property owner shall reset the removed artificial turf or restore the impacted sidewalk area per City Engineering Design Standards within 3 business days of receiving notice of the completion of any work performed in the landscape strip.