DIVISION 1 Generally
DIVISION 2 Construction, Repair, Etc., Generally
Sec. 32-17.1 Construction of residential sidewalks required; certificate of occupancy; administrative variance.
[Code 1955, § 5-1.9]
No person shall maintain, use or operate any trapdoor, coal hole or other sidewalk unless the doors or covers for such opening shall be of metal or reinforced concrete with nonslipping wearing surface and unless the surfaces thereto shall be flat with the surface of sidewalk, and shall present no hazard to traffic.
No coal hole, trapdoor or other sidewalk opening shall be allowed to remain open, except when actually in use.
When any coal hole, trapdoor or other sidewalk opening is open, such opening shall be protected by guards, not less than 32 inches in height and fully protecting all sides of the opening; provided, however, that the guard on the loading side may be removed therefrom during the period of loading and unloading.
[Code 1955, § 5-1.6]
No person having the care, either as owner or occupant, of any house, building or lot shall permit any snow, ice, dirt, rubbish, including broken bottles and glass, filth, obstruction or other articles or any nuisance to remain upon any sidewalks in front of such house, building or lot for longer than 24 hours; and when ice is formed on any sidewalk, the owner or occupant of the abutting premises shall, within 12 hours after the same has formed, cause the same to be removed or cause salt, sawdust, sand or other abrasive to be strewn thereon.
[Code 1955, § 5-1.10; Ord. No. 426, § 1; Ord. No. 1225, 10-7-1998; Ord. No. 1530, 3-4-2009]
Permit required. No person shall make any opening in or through any curb in any street, alley or public place without first obtaining a written permit in accordance with this chapter from the City Engineer.
Requirements generally. No permits shall be issued, except upon approval of the Council, for any curb cut serving as an approach to any service driveway across any curb, sidewalk or public property which does not comply with the requirements of Chapter 39, and as set forth in Paragraphs (1) through (8) of this subsection.
When the frontage of any premises does not exceed 40 feet in width, there may be constructed one service driveway only, and such driveway shall not exceed 10 feet in width which shall be in compliance with Paragraph (4) of this subsection.
When the frontage of any premises exceeds 40 feet in width, but does not exceed 50 feet in width, there may be constructed one service driveway which does not exceed 20 feet in width or two service driveways, when allowed by Chapter 39, each of which does not exceed 10 feet in width, which shall be in compliance with Paragraph (4) of this subsection.
When the frontage of any premises exceeds 50 feet in width but does not exceed 100 feet in width, there may be constructed two service driveways when allowed by Chapter 39, each of which does not exceed 20 feet in width, three service driveways when allowed by Chapter 39, each of which does not exceed 10 feet in width, or one service driveway which does not exceed 20 feet in width, and one which does not exceed 10 feet in width, and all of such driveways shall be in compliance with Paragraph (4) of this subsection.
Not less than 18 feet of straight curb shall separate two curb cuts under one ownership.
In case any one owner shall own nonresidential premises with a frontage in excess of 100 feet, each 100 feet, or fraction thereof, shall be considered as separate frontage.
No curb cut shall be made within 10 feet of the right-of-way line of a street intersecting the street upon which the curb cut is made.
The width of curb cuts and service driveways shall be determined by the City Engineer.
No permanent cut may be made which, in the opinion of the City Manager, may interfere with the safety of the public.
Width restrictions are measured at the right-of-way line for purposes of this section. An additional flare of three feet for residentially used properties, and an additional flare of five feet for nonresidentially used properties are allowed in addition to the maximum width at the right-of-way line.
Plans and specifications. No such curb cut shall be made except in accordance with plans and specification established by the City Manager.
[Code 1955, § 5-1.3; Ord. No. 426, § 1; Ord. No. 1530, 3-4-2009]
No person shall construct, rebuild or repair sidewalks, crosswalks, driveway approaches or curbs in any street or other public place without first obtaining a license for such purpose. The license shall expire on April 30 of each year.
Any person desiring a license shall make written application to the City Clerk, on forms prescribed by the Clerk, and shall pay the fee as established by City Council. Before a license shall be issued, the applicant shall provide the City Clerk with evidence satisfactory to the City that public liability and property damage insurance has been obtained under which the applicant and the City are both insured with respect to any personal injury, death or property damage arising out of any act done or negligence committed while acting under any license or permit, whether such act or negligence be of the licensee, subcontractors of the licensee, or any other person who may be performing any act related to the authority granted by such license or permit. Such insurance shall be in the amount specified by resolution on fees and insurance adopted periodically by the City Council from an insurer licensed to do business in Michigan by the Commissioner of insurance of the state and approved by the City. Every policy of insurance required by this section shall bear an endorsement to the effect that the insurer shall notify the licensee and the City Clerk in writing at least 10 days prior to reductions in coverage or the expiration or cancellation of such policy.
Editor's Note: Former Section 32-14, which pertained to license application requirements, adopted as § 5-1.2 of the 1955 Code, as amended by Ord. No. 426, 1-3-1990 by Ord. No. 995, and 10-7-1992 by Ord. No. 1069, was repealed 3-4-2009 by Ord. No. 1530.
[Code 1955, § 5-1.3; Ord. No. 1530, 3-4-2009]
No person shall construct or repair any sidewalk, crosswalk, driveway approach or curb without first obtaining a written permit from the City Engineer. Before a permit is issued, the applicant shall pay a permit fee as established by resolution of City Council.
[Code 1955, § 5-1.3]
No person shall construct or repair any sidewalk, crosswalk, driveway approach or curb, except in accordance with the line, grade, slope and specifications established in this chapter. The City Engineer shall set proper grade and line stakes for such walks whenever the same shall have been permitted or ordered.
[Code 1955, § 5-1.5]
All sidewalks shall be constructed in accordance with the specifications on file in the office of the City Engineer.
Sec. 32-17.1 Construction of residential sidewalks required; certificate of occupancy; administrative variance.
[Ord. No. 1530, 3-4-2009]
ENFORCING OFFICER — The Director of Community and Neighborhood Services or its authorized representative.
FRONT YARD — The dimension along the front line of the residence and the right-of-way extending the full width of the lot. On a corner lot, the narrowest lot dimension along a right-of-way shall be deemed the front yard.
RESIDENCE — A newly constructed building or structure of four dwelling units or less, constructed and designed for residential occupancy.
RIGHT-OF-WAY — The open, unoccupied space between the traveled portion of the roadway and the front yard or side yard lot line of the residence.
SIDEWALK — A path designed for pedestrian or bicycle travel of Portland cement, brick pavers, or other material being deemed similar by the City Engineer and constructed in accordance with the specifications of the City Engineer effective on the date of the issuance of a building permit for the construction of the residence or other structure.
SIDE YARD — The dimension along the right-of-way extending from the front yard to the rear yard. On a corner lot, the widest lot dimension along a right-of-way shall be deemed the side yard.
Construction of sidewalks; residential requirement; other.
Commencing on August 7, 1991, all residences in the City shall be constructed with a sidewalk in the right-of-way abutting and extending the width of the front yard. All residences constructed on corner lots shall be constructed with a sidewalk in the right-of-way abutting and extending the width of the front yard and side yard of the lot of the residence. Sidewalks shall be constructed to extend and connect adjacent and adjoining sidewalk installations or shall be installed within the right-of-way as determined by the City Engineer.
Notwithstanding the foregoing provisions of Subparagraph (1) hereof, all residential structures containing more than four (4) units, churches, schools, commercial uses, or any other developments which are required to install sidewalks as a condition of subdivision approval, site plan approval, restrictive covenant, or development agreement, shall construct sidewalks as required at the time of approval.
Issuance of certificate of occupancy. The enforcing officer shall not issue a certificate of occupancy pursuant to Section 39-119, unless the residence shall comply with the provisions of this section. The enforcing officer may issue a conditional certificate of occupancy if compliance with this section is rendered reasonably impracticable or impossible by weather, seasonal construction limitations, or pending construction in the right-of-way. The duration of a conditional occupancy permit shall not exceed six months beyond the date of occupancy when issued for weather or seasonal reasons, nor six months beyond the completion of construction for other reasons. Occupancy of a residence or structure beyond the expiration of the conditional occupancy permit shall constitute a violation of this section.
Administrative variances. If a property owner clearly demonstrates that literal enforcement of this section is impractical or will impose undue hardship in the use of the residence because of peculiar conditions pertaining to his land, the City Manager may permit a variance as he administratively determines to be reasonable and within the general purposes of this section and chapter upon application of the criteria set forth in Subsection (e) hereof. In the event the City Manager determines to grant the request for variance, the City Manager shall file a report with the City Council delineating the findings of fact and conclusions for the grant of variance. The variance shall be effective within 30 days of the filing of the report by the City Manager unless the City Council shall reverse the determination of the City Manager.
Criteria for variances; findings; conditions.
City Manager considerations. In making an administrative determination to grant a variance, the City Manager shall consider the following:
The location of existing sidewalk and its proximity to the sidewalk to be constructed for the residence;
The existence of grades, open ditches, and topographical features of the lot which would render the construction of sidewalk impractical or constitute an unreasonable hardship;
Special circumstances or conditions, including but not limited to lot size, configuration, and proximity of inconsistent uses which would mitigate against the strict application of this chapter;
The anticipated construction of sidewalk by the City, private property owners, or developers within reasonable proximity of the residence.
Provisions to grant variance. No variance shall be granted unless the City Manager finds that:
There are special circumstances or conditions affecting the property of the residence such that the strict application of the provisions of this chapter would deprive the owner of the reasonable use of his land.
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
The granting of the variance will not be detrimental to public health, safety, or general welfare and would not create a precedent which would prevent the enforcement of the ordinance for similar conditions or situations in the area in which the residence is located.
Conditions. In permitting any such variance, the City Manager may impose such conditions as shall be necessary to secure the objects of this section or to preserve the public health, safety, and general welfare.
Recommendation of City Engineer and other staff. In reviewing the request for a variance, the City Manager may request input and recommendations from the City Engineer or other departments of the City.
Denial of variance. Upon the denial of a variance by the City Manager, an aggrieved party may appeal the denial to the City Council within 21 days of the date of denial. The City Council shall conduct a public hearing, at which time the aggrieved party may present reasonable evidence to support the request for a variance. The Council shall apply the criteria set forth in Subsection (e)(1) hereof, and shall grant a variance only upon the findings set forth in Subsection (e)(2).
Duration of variance. A grant of variance that is not limited by a specific duration shall be deemed indeterminate in length, but shall in no instance be considered a permanent waiver of sidewalk requirements, nor abrogate in any way the right of the City to order, install, or assess for sidewalks in accordance with other sections of this Code or Charter upon a determination that conditions are necessary for the construction of sidewalk in accordance with public need, health, safety, and general welfare.
Building permits issued after effective date. This section shall apply to residences or structures constructed pursuant to building permits issued or renewed after August 28, 1991.
[Code 1955, § 5-1.4; Ord. No. 846]
Notice to abutting owners — Generally. Whenever the Council shall, by resolution, determine that a sidewalk be constructed or relaid, the Council shall direct the City Clerk to serve notice on the abutting property owners of the area to be constructed and shall set a date for a public hearing to review the proposed construction of the public improvement.
Same—Requirements of notice. The notice required by Subsection (a) of this section shall designate the following:
The time, date and place of the public hearing where Council shall determine whether the sidewalk will be constructed or relaid. The public hearing shall not be scheduled less than 14 days after the adoption of the resolution by Council specifying the area for the construction of the proposed public improvement. Notice shall be mailed to the abutting property owners not less than 10 days prior to the public hearing.
The projected cost of construction and the estimated front foot cost to the abutting property owner.
The right of the abutting property owner to attend the public hearing and object to the proposed sidewalk construction or the estimated cost of construction.
For the purposes of this subsection, notice shall be mailed to the property owner listed on the tax rolls of the City abutting the public improvement by first class mail.
Public hearing. The Council shall conduct a public hearing in accordance with the rules of the Council. Upon conclusion of the public hearing, the Council shall, by resolution, determine the necessity of the construction of the sidewalk and the estimated front foot cost to the abutting property owner and order that the sidewalks be constructed by the abutting property owner within 30 days of the public hearing. The resolution shall further establish the estimated cost, rate of interest and method of payment by the abutting property owner if the sidewalk is not constructed in accordance with Subsection (d) of this section.
Duty of abutting property owners; construction, etc., by City Engineer upon failure of property owner to do so; expense. Every person so notified shall construct or relay the sidewalk in the manner and within the time required in the resolution of Council ordering the same, and under the general supervision and direction of the City Engineer.
In case any sidewalk shall not be constructed or relaid within the time specified by the Council, or in the manner required by the provisions of this chapter, the City Engineer shall construct or relay the same, unless otherwise ordered by the Council, and shall keep an accurate record of the expense of such construction or relaying, including his own time, and the amount of such expenses, properly itemized, shall be reported to the Council, duly verified by the City Manager. Such report shall also contain a description of the lot or premises upon or in respect to which the expense was incurred and the name of the owner, if known, chargeable therewith. The expense of the construction or relaying of such sidewalk shall be assessed to the owner in the manner provided in Section 15.19 of the Charter of the City.
[Code 1955, § 5-1.4; Ord. No. 846]
Whenever any sidewalk shall require repair, reconstruction or rehabilitation, the Council shall, by resolution, direct the City Clerk to serve notice and conduct a public hearing in the same manner as set forth in Section 32-18, the terms of which are incorporated herein by reference. Upon conclusion of the public hearing, the Council shall, by resolution, determine the necessity of the repair, reconstruction or rehabilitation of the sidewalk and order that the sidewalk be reconstructed, repaired or rehabilitated within 30 days of the public hearing.
[Code 1955, § 5-1.4; Ord. No. 846]
If a sidewalk designated by the Council is not repaired, reconstructed or rehabilitated within the time fixed in the resolution of the Council, the City Engineer shall proceed to repair, reconstruct or rehabilitate such sidewalk at the expense of the owner of the abutting lot or premises. The City Engineer shall maintain an itemized account for all expenses incurred, which shall be reported to the Council and verified by the City Manager. The Council shall assess the costs of the repair, restoration and reconstruction of the sidewalk in the manner set forth in Section 15.20 of the Charter.