12.30.010 Downtown area street trees – Sidewalk repair cost apportionment.
Within the downtown area, as defined by the map attached to the ordinance codified in this chapter, the city shall equally share with the adjoining property owner the costs to repair a sidewalk that has heaved or broken because of street trees planted by the city or by the city and the property owner.
A. The city’s participation is subject to the engineering department finding that the broken sidewalk is in violation of Chapter 12.12 MMC.
B. The city shall reimburse the property owner for one-half of the costs to repair a sidewalk as allowed in this section if, and only if, the repair/replacement is completed and accepted by the city within the time period stated in the notice to repair given the property owner. If repairs are not completed within this time period, the city shall not reimburse the property owner.
C. The city shall reimburse the property owner for the permanent correction of the sidewalk deficiencies as outlined above and will not reimburse a property owner for repairs that are temporary in nature. Temporary repairs are defined as grouting, gravel, asphalt concrete, etc.
D. The sharing of costs is an exception to Chapter 12.12 MMC and applies only within the area designated on the attached map.
E. The procedure to make repairs shall conform with Chapter 12.12 MMC. (Ord. 4609 §1, 1996; Ord. 4446 §1, 1989).