A.
Abuttor’s Duty. It shall be unlawful for the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any street, alley, or other public right-of-way within the City of Tacoma to cause or contribute to a physical condition of the public right-of-way by constructing, placing, causing, creating, maintaining, or permitting to remain upon any part of the right-of-way lying between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and abutting property line, any thing, structure, or condition dangerous or hazardous to the use of the right-of-way by the public, including, but not limited to, the following:
1.
Defective sidewalk surfaces, including, but not limited to, broken cement or stub-toes and 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 the public sidewalks, including stub-toes or depressions at the junction;
3.
Defects in sidewalks or public ways caused or contributed to by the roots of trees located either on private adjoining property or on the planting strip portion of the street right-of-way;
4.
Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over public sidewalks;
5.
Defective conditions on the planting strip area between the curb line and the sidewalk or, if there is no curb line, 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 curb line or, if there is no curb line, 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 and oil thereon;
8.
Defective handrails or fences or other similar structures within or immediately adjacent to the right-of-way area;
9.
Basketball hoops, bicycle ramps, skateboard ramps or other similar structures or obstructions within the right-of-way area.
B.
Removal of created obstructions. The City is authorized to remove structures or obstructions installed within the public right-of-way in violation of § 9.17.010A.9 pursuant to the following procedure:
1.
Procedure for removal (non-emergency). If, seven days after the City sends written notice and posts notice on the object or thing itself to remove such object or thing, the property owner and/or person, firm, or corporation occupying or having charge or control of any premises abutting upon any street, alley or other public right-of-way within the City of Tacoma (hereinafter referred to as the "owner") has not removed the object or thing, the City Engineer may seize and impound the same. Failure to remove constitutes abandonment and waiver by the owner of such obstruction.
2.
Impoundment. The seizure shall be made by the City Engineer, or under his/her direction by an employee of the City Public Works Department, or by any police officer. The person making such seizure shall take such object or thing and store, impound and detain the same at any City storage yard or building until the same is redeemed or sold. The City shall not be responsible for any damages to such object or thing during removal and/or storage.
3.
Auction. If, after more than five days have elapsed since the seizing and impounding of any such object or thing, the same is not redeemed by and released to the owner by payment of costs and fees, the City shall give written notice informing the owner that all City costs must be paid within 60 days if the owner wishes to reclaim it. If, after more than 60 days have elapsed since the seizing and impounding of the object or thing, the owner has not reclaimed such object or thing, the City Engineer will either auction or dispose of such object or thing in a manner determined by the City Engineer. If auctioned, the City Engineer shall give 15 days’ notice, by publication in the official newspaper of the City, of the time and place where the City will offer such object or thing for sale at public auction, unless for good and sufficient reason the period of sale be postponed. When sold, proceeds shall be used to pay all expenses incurred by reason of the seizure and impounding and all other necessary expenses incurred by the advertising and sale of the same, and any residue shall be paid into the City Treasury.
4.
Notice of sale. The notice of sale shall describe with reasonable clarity the object to be sold and shall state the name of the reputed owner, if known to the City Engineer. If the owner is unknown, the notice shall so state. A copy of such notice shall be sent to the owner, if known, at least four days prior to the sale.
5.
Redemption. At any time within six months after the date of sale, the owner thereof, upon proper application to the City Treasurer, and upon presentation of satisfactory proof that he/she was the owner of the object or thing sold, shall receive the residue of the proceeds of such sale, after the necessary expenses have been deducted. If, at the expiration of six months, the former owner shall not have applied to the City Treasurer as provided in this section, the residue of the proceeds of such sale shall be deposited into the General Fund.
6.
Miscellaneous.
a.
“Cost” means out-of-pocket expenses as well as those attributed to personnel, including administrative overhead, which shall be presumed to be 15 percent.
b.
If no sale is consummated or the object is determined to be of less value than the anticipated expense to the City of sale, the City shall dispose of such object in a manner determined by Section 1.06.264 of the Tacoma Municipal Code.
c.
Notice shall be deemed effective upon deposit of the written form in the U.S. mail, first-class postage prepaid.
If a person other than the owner described in § 9.17.010B.1 establishes ownership of the object subject to impound to the satisfaction of the City Engineer, all notices shall thenceforth be provided to that person.
C.
Removal – Emergency. The foregoing shall not impair, and the City Engineer is hereby authorized to make, emergency removal of any obstruction which constitutes an imminent risk of harm to public safety. Any obstruction determined by the City Engineer to be imminently dangerous may be forthwith removed, and the removal in no event shall constitute a breach of the peace or trespass. Subsequent to emergency removal, the procedures set forth in § 9.17.010B shall be followed for objects or things described in § 9.17.010A.9.
(Ord. 25911 § 1, 1996-07-02)