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Burien, WA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing clause
§ 8.45.020(5)(c)(vi), obstructions to the public right-of-way
Covered conduct
Obstructing traffic or open access to streets or sidewalks
Named conditions
Drainage over a sidewalk; debris or plant growth on adjacent sidewalks
Exemption
Events, parades and street use authorized by the city
Default penalty
$125.00 first violation; $250.00 second or continuing violation
Response deadline
14 days from service of the notice of civil violation

Summary

In the City of Burien, Washington, Burien Municipal Code § 8.45.020(5)(c)(vi) makes it a nuisance for property use or street use to obstruct traffic or open access to streets and sidewalks, including drainage over a sidewalk and debris or plant growth on sidewalks next to a property. City-authorized events and parades are exempt.

(vi) Obstructions to the Public Right-of-Way. Use of property abutting a public street or sidewalk or use of a public street or sidewalk which causes any obstruction to traffic or to open access to the streets or sidewalks; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the city. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property;

Full Breakdown

The City of Burien handles sidewalk obstruction as a named nuisance in § 8.45.020(5)(c)(vi), titled obstructions to the public right-of-way. The clause covers two kinds of conduct. The first is use of property abutting a public street or sidewalk that causes any obstruction to traffic or to open access to the streets or sidewalks. The second is use of a public street or sidewalk itself that causes the same obstruction. The clause then names two conditions outright: the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property. For a homeowner, that puts debris, plant growth and drainage on the sidewalk next to the lot squarely inside the nuisance definition.

One exception is printed. The subsection does not apply to events, parades, or the use of streets or public rights-of-way when authorized by the city. Without that authorization, the obstruction is a violation.

Chapter 1.15 defines right-of-way broadly in § 1.15.020 as land owned, dedicated or conveyed to the public or a unit of government, used primarily for the movement of vehicles or pedestrians and providing access to adjacent parcels, and it includes any street, easement, sidewalk, or portion thereof under city jurisdiction. Enforcement officers include the public works director and designee as well as code enforcement officers and the building official, so a complaint about a blocked walkway can land with Public Works or Community Development.

The process starts with a request for voluntary correction. If the obstruction stays, a notice of civil violation issues, and the responsible person has 14 days from service to respond by paying and correcting, entering a voluntary correction agreement, requesting a mitigation hearing, or contesting before the hearing examiner. Section 8.45.015 treats each day the obstruction remains after notice as a separate violation, and § 1.15.210 lets the city remove an obstruction summarily when it is an immediate threat to public safety.

Violations & Fines

Right-of-way obstruction is enforced under Chapter 1.15 BMC with a default penalty of $125.00 for a first violation and $250.00 for a second or continuing violation, accruing daily past the deadline. The city can file class 2 or class 1 civil infractions at $125.00 and $250.00, or charge a misdemeanor of up to 90 days in jail and a $1,000 fine. The city can also bill abatement costs and record an assessment lien.

Frequently Asked Questions

Am I responsible for plant growth over the sidewalk in front of my Burien property?
Yes. Section 8.45.020(5)(c)(vi) lists the existence of any debris or plant growth on sidewalks adjacent to any property as an obstruction nuisance. The person responsible under § 1.15.020 includes the titled owner and any occupant or person in control of the property, so a tenant or an owner can receive the notice.
Is water draining onto a Burien sidewalk a violation?
It can be. The same clause includes the existence of drainage onto or over any sidewalk, street or public right-of-way in the definition of an obstruction. Under § 8.45.015, each day the condition is allowed to remain after notice is a separate violation, so the daily penalty clock runs until the drainage is corrected.
Are parades and street events allowed to block the street?
Yes, when the city authorizes them. The clause states that it does not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the city. Activity that blocks a street or sidewalk without that authorization falls back under the obstruction nuisance and the Chapter 1.15 enforcement steps.
How long do I have to respond to a sidewalk obstruction notice?
Under § 1.15.130, a response is due within 14 days of the date the notice is served, or another period the notice states. It must reach the city clerk in writing, by mail or hand delivery. A mitigation request needs a $100.00 filing fee. Telephone, facsimile and email responses do not satisfy the requirement.

Sources & Official References

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