The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
(1) 
"Abate"
means to repair, remove, replace or destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in their judgment determines is necessary in the interest of the general health, safety and welfare of the community.
(2) 
"Enforcement officer"
means an individual or group of individuals appointed by the city council for the purpose of enforcing this chapter.
(3) 
"Premises"
means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
(4) 
"Responsible person"
means any agent, lessee or other person occupying or having charge or control of any premises, except the owner.
(Ord. 1315 § 1, 1985; Ord. 017-23 § 1 (Exh. A))
It is unlawful for the owner and/or any person, firm or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way or alley, or beneath such public sidewalk area in the city, to construct, place, cause, create, maintain or permit to remain upon any part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:
(1) 
Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints;
(2) 
Defective cement surfaces placed adjacent to the public sidewalk, or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction;
(3) 
Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way;
(4) 
Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-ways;
(5) 
Defective conditions on the parking strip area between the curbline and the sidewalk or, if there is no curbline, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
(6) 
Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
(7) 
Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease or any other foreign subject matter that cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
(8) 
Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.
(Ord. 1315 § 2, 1985)
Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer.
(Ord. 1315 § 4, 1985)
Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor.
(Ord. 1315 § 5, 1985)
In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as specified in POMC § 12.12.020, or by the presence or accumulation of ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the city for all damage, injury, costs and disbursements, including court costs and attorney's fees, which the city may be required to pay or incur to any person injured or property damaged as aforesaid.
(Ord. 1315 § 3, 1985)
An enforcement officer appointed by the city council, having knowledge of any violation, shall cause the owner or other responsible person to be notified of the existence of such violation on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice or other reasonable period. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ______________ you are hereby notified that the undersigned pursuant to Ordinance ____ of the City of Port Orchard has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection __ of the City Ordinance ____:
Your are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within 10 days, the City will abate the condition at your expense.
Abatement is to be accomplished in the following manner:
You may appeal this decision by filing a written notice of appeal with the City Council of the City of Port Orchard within five days after the date of this notice.
DATED_______________________________
NAME OF OFFICER____________________
(Ord. 1315 § 6, 1985)
If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement.
(Ord. 1315 § 8, 1985)
In all cases where the enforcement officer has determined to proceed with abatement, 10 days after notice the city shall acquire jurisdiction to abate the condition at the person's expense as provided in this chapter. Upon the abatement of the condition or any portion thereof by the city, all expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as provided in this chapter. The debt shall be collectable in the same manner as any other civil debt owing to the city.
(Ord. 1315 § 7, 1985)
Any person who has received a notice to abate a condition as determined by the code enforcement officer under POMC § 12.12.060 may appeal the determination by filing written notice of appeal, within five days after the date of the notice to abate, with the city council. The notice shall set forth the grounds upon which the appeal is based. Upon receipt of notice of appeal, the city council shall hold a hearing not more than 10 days after the appeal was filed. It shall be the duty of the code enforcement officer to present proof relating to the grounds for the issuance of the notice to abate. If the city council finds that a violation exists based on the criteria of this chapter, it shall order that such violation be abated pursuant to this chapter and shall set forth reasonable time limits for such abatement not to exceed 45 days from the date of the hearing. If the commissioner finds that a violation does not exist under this chapter, they shall cancel the notice to abate. Upon the filing of a proper notice of appeal, the time limits specified in POMC § 12.12.060 shall be stayed during the pendency of the appeal.
(Ord. 1315 § 9, 1985; Ord. 017-23 § 1 (Exh. A))
Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in POMC § 12.12.080.
(Ord. 1315 § 10, 1985)
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and be punished by a fine in any sum not exceeding $500.00 or by imprisonment in the city jail for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 1315 § 11, 1985)