[Adopted as Ch. 1028 of the 1995 Codified
Ordinances of Monroe]
All sidewalks, driveways, crosswalks and curbing
(except when constructed in connection with paving) shall be constructed
strictly according to the specifications of this article.
[Amended 3-15-2004 by Ord. No. 04-003]
All walks shall, when completed, conform accurately
to grade and lines given by the Engineering Department and shall have
a slope toward the curb of 3/16 inch to the foot, unless otherwise
approved by the City Engineer.
A.
All sidewalks shall be constructed to a minimum thickness
of four inches. Sidewalks crossing driveway approaches shall be constructed
to a minimum thickness of six inches.
B.
All sidewalks shall be constructed with an approved
grade of concrete.
C.
If a citizen desires a sidewalk to be constructed
of other paving material, i.e., paving bricks, cut stone, etc., prior
approval by the City Engineer shall be obtained.
[Amended 8-16-1976 by Ord. No. 76-015]
A.
No person shall construct or repair any sidewalk,
except in accordance with the line, grade, slope and specifications
established by the City Engineer, and without first procuring a permit
therefor from the Department of Building, Zoning and Environmental
Compliance. Permits may be revoked for failure to comply with the
line, grade, slope or specifications of the City Engineer.
B.
No person shall construct or alter any crosswalk,
driveway, driveway approach or opening in or through any curb in any
street or other public way without first procuring a permit therefor
from the Department of Building, Zoning and Environmental Compliance.
C.
This section shall not apply to a property owner who
himself or herself constructs or repairs not more than 50 square feet
of the sidewalk abutting his or her property.
[Amended 7-3-2006 by Ord. No. 06-011]
A.
The Building Official, or his/her designee, shall
refuse to issue a permit for any crosswalk, sidewalk, driveway, driveway
approach or curb cut that does not conform to the requirements of
this article. In addition, the Building Official, or his her designee,
may refuse to issue a permit for any crosswalk, sidewalk, driveway,
driveway approach or curb cut if, in the discretion of the Building
Official, or his/her designee, the crosswalk, sidewalk, driveway,
driveway approach or curb cut will unduly interfere with the movement
of traffic or pedestrian safety.
B.
All work done pursuant to any permit shall be inspected
by the City Engineer or his or her authorized representative. Any
permit so granted may be revoked where either the workmanship or materials
used do not conform to the plans and specifications approved or required
upon issuance of the permit, or when the terms of any work authorized
by any permit cause any such work to be performed while that permit
is suspended or revoked by the Building Official, or his/her designee.
C.
If the Building Official, or his/her designee, shall
refuse to issue any permit, the applicant may appeal to the Construction
Board of Appeals, which shall grant a hearing thereon, and the decision
of such Board shall be final. In granting a permit after such hearing,
the Board may impose such conditions therefor as it may deem desirable
to protect the safety of persons and property.
A.
Excluding the exception of an abutting property owner
who is doing not more than 50 square feet of work, and licensed and
registered contractors, every applicant shall provide the Building
Official's office with a cash bond, surety bond or affidavit from
his or her insurance carrier stating that his or her insurance policy
in effect covers the costs of the following requirements:
B.
Contractors shall comply with the following:
(1)
All contractors or subcontractors, including concrete
brick pavers, who are not licensed or regulated by the City as general
contractors and who are engaged in activities covered by this article,
shall be licensed.
(2)
By January 10 or whenever they start engaging in business,
and every January 10 thereafter, contractors and subcontractors shall
apply to the Department of Building, Zoning and Environmental Compliance
for a license.
(3)
The license shall designate the name, address and
telephone number of the contractor and such other information as is
required by the Department of Building, Zoning and Environmental Compliance.
It shall also designate the responsible person for contact by the
Department of Building, Zoning and Environmental Compliance.
(4)
The contractor shall provide a certificate of insurance,
indicating insurance coverage in an amount to be established, from
time to time, by resolution of Council, unless otherwise set by ordinance
of Council.
(5)
The annual license fee shall be $10, payable to the
Clerk/Treasurer.
[Amended 7-3-2006 by Ord. No. 06-011]
B.
Any contractor denied a license by the Building Official,
or his/her designee, may immediately appeal to the Construction Board
of Appeals.
C.
A fee shall be charged for such appeal, and the amount
of said fee shall be determined by a resolution of Mayor and Council.
The fee shall be returned if the contractor wins his or her appeal.
If the license denial is upheld, then the fee shall go to pay the
costs of the Construction Board of Appeals.
D.
The Construction Board of Appeals shall conduct a
hearing, listen to evidence and record testimony, and its decision
will be the final administrative remedy.
[Amended 8-16-1976 by Ord. No. 76-015]
A.
No person shall allow any sidewalk which adjoins property
owned by him or her to fall into a state of disrepair or be unsafe.
If any owner shall neglect to keep and maintain the sidewalk along
the front, rear or side of the land owned by him or her in good repair
and safe for the use of the public, such owner shall be liable to
any injured party for damage sustained by reason of this failure.
In any event, the owner shall be liable to the City for damages recovered,
if any, against the City because of injury sustained by any person
by reason of the sidewalk being unsafe and out of repair.
B.
It shall be the duty of the owner of abutting property
to notify the Engineering Department of any defect, depression, crack
or other dangerous condition, immediately if during the working day,
or the next working day if after working hours.
[Amended 8-16-1976 by Ord. No. 76-015]
Whenever the Engineering Department shall determine
that a sidewalk is unsafe for use, written notice thereof shall be
given to the owner of the abutting premises by mail, addressed to
the last known address of said owner, or if the owner or his or her
address is unknown, by delivering the notice and leaving the same
with a person of suitable age and discretion at the premises, or if
such person is not found, by posting such notice in some conspicuous
place on the premises. The notice shall specify the construction of
the sidewalk required and specifications therefor, in order for the
condition to be repaired, and the nature of the repairs to be made.
In the event such owner fails to repair or construct the sidewalk
in 30 days, the City Engineer shall report the same to the Council,
with the request that the Council pass a resolution directing the
owner to repair the sidewalk within 10 days and stating that if such
repair is not made within such period it will be done by the City
and the expense thereof will be charged to the premises and the owner
thereof and collected as provided in § C-253 of the City
Charter. The City Engineer may dispense with the notice and report
and request the City Council for authority to repair a sidewalk if,
in his or her opinion, the sidewalk condition is unsafe and dangerous
and requires immediate repair to assure public safety and to prevent
the possibility of City liability for personal injury or property
damage. Before the Council shall grant such authority to the City
Engineer, it shall follow the procedure set forth in §§ C-252
and C-253 of the City Charter. The cost of repairs or construction
hereunder, made by the City, shall be charged against the premises
abutting such sidewalk and the owner thereof, in accordance with the
provisions of the Charter relative to sidewalks.
The City shall repair any sidewalks and/or driveways
damaged by trees that lie within the City right-of-way, or where the
City has installed water service and damage results therefrom.
[Amended 5-14-1990 by Ord. No. 90-008]
Material and construction specifications for
sidewalks, driveway approaches, driveways and private sidewalks and
driveways utilizing concrete brick pavers shall conform to the current
edition of a pamphlet entitled "City of Monroe Sidewalk, Driveway
and Driveway Approach Specifications," a copy of which shall be available
for public inspection in the office of the Building Official of the
City of Monroe. Further, concrete paver and concrete brick paver specifications
shall be those standards utilized by the National Concrete Masonry
Association and the National Precast Concrete Association.
[Amended 5-14-1990 by Ord. No. 90-008]
Prior to the placement of concrete or concrete brick pavers on the prepared subgrade of any sidewalk, crosswalk, driveway or private sidewalk or driveway, there must first be an inspection by the City. Any person exempted under § 625-8 from the requirement of obtaining a permit shall also be exempted from the inspection requirement of this section.
[Amended 8-16-1976 by Ord. No. 76-015]
No permit to cut any curb along a paved street
shall be issued unless the applicant shall agree, as a condition of
the issuance of the permit, to install a driveway apron of concrete
or an alternative material within 90 days after the completion of
the cut.
A.
The maximum cut for a residential driveway shall be
30 feet, and the minimum cut shall be 14 feet, except as otherwise
approved by the City Engineer.
B.
No curb cut shall extend beyond the property line
(as extended to the curb of the street) unless written approval is
obtained for encroachment on the adjacent property frontage from the
owner.
C.
The necessary adjustments to utility posts, light
standards, fire hydrants, catch basins, street or railway signs, signals
or other public improvements or installations shall be made at the
expense of the property owner whose construction or repair has necessitated
such adjustments.
D.
For trees located within 12 inches of the proposed
driveway approach:
(1)
Upon request of the property owner, the Department
of Public Services shall investigate for the best alternative routes
or other possible placement of the driveway. This investigation and
report shall be in conjunction with the Engineering Department.
(2)
If, after due investigation, an alternative route
or routes for the driveway placement are not found, and due to the
necessity of the placement agreed upon between the property owner
and the City as represented by the Department of Public Services and
the Engineering Department, the homeowner may request that the City
share equally in the cost of the removal.
E.
For trees located within 12 inches of existing driveway
approaches, in City-owned parkway terraces:
(1)
Upon the request of the homeowner, such trees may
be removed by the Department of Public Services with the concurrence
of the Engineering Department.
(2)
The property owner shall, if the tree removal is at
his or her request, pay a fee to be determined from time to time by
resolution of Council.
(3)
Said fee shall be paid to the Clerk/Treasurer prior
to removal.
F.
The minimum distance between curb cuts, except those
serving residential property, shall be 20 feet.
G.
The maximum number of linear feet of sidewalk driveway
crossings permitted for any lot, parcel of land, business or enterprise
shall be 45% of the total abutting street frontage.
H.
The minimum distance between any curb cut and a public
crosswalk shall be 20 feet.
A.
All sidewalks and driveway approaches to be constructed
shall conform to the following standards:
(1)
Sidewalk width shall be a minimum of four feet, unless
otherwise required by state law.
(2)
Residential driveway approaches shall be tapered three
feet in width from the curb to the sidewalk on each side of the driveway.
(3)
Residential driveway approaches shall be constructed
so that they do not adversely affect the roadway drainage, and they
shall conform to current Engineering Department standards, a copy
of which shall be available for public inspection.
(4)
A curved curb return may be used on residential driveway
approaches upon approval of the City Engineer.
(5)
Residential driveway approaches where the roadway
is not curbed shall be paved without curbs.
(6)
Commercial driveways shall be constructed in conformance
with the standards of the Michigan Department of State Highways and
Transportation.
(7)
Any variation in standards must be approved by the
City Engineer.
[Amended 8-16-1976 by Ord. No. 76-015]
Every person who intends or plans to use any
portion of the sidewalk as a private driveway shall, if the Department
of Building, Zoning and Environmental Compliance certifies that the
sidewalk area is inadequate for vehicular traffic, reconstruct the
sidewalk in such a manner that the sidewalk is capable of carrying
vehicular traffic without creating pedestrian hazards and is in accordance
with the specifications of this article in respect to slope, drainage,
reinforcement, finish and other construction features.
[Amended 8-16-1976 by Ord. No. 76-015]
Any driveway approach abutting upon a paved
street shall be paved with concrete, provided that driveway approaches
presently paved with asphalt do not need to be repaved with concrete.
All newly constructed driveway approaches shall be paved with concrete,
unless alternatives are approved by the Engineering Department.
[Amended 8-16-1976 by Ord. No. 76-015; 1-4-2005 by Ord. No.
04-018]
A.
The fee for a sidewalk, driveway or driveway approach permit shall be at the rates established by the Department of Building, Zoning and Environmental Compliance pursuant to the Michigan Building Code, as adopted in Chapter 275, Article III, Michigan Building Code. A summary of these rates and schedules shall be included in the pamphlet described in § 625-15.
B.
Work contemplated under any permit must be completed
within 180 days of the issuance of the permit.
C.
The Department of Building, Zoning and Environmental
Compliance must be notified at least 24 hours in advance of the commencement
of any construction under the permit.
