City of Royal Oak, MI Chapter 264 Construction Sites

[HISTORY: Adopted by the City Commission of the City of Royal Oak as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Construction Code enforcement — See Ch. 260.

Fences — See Ch. 323.

Article I Securing Construction and Demolition Sites

[Adopted 6-1-2015 by Ord. No. 2015-12; amended in its entirety 7-10-2017 by Ord. No. 2017-12[1]]

[1] Editor's Note: This ordinance also changed the title of this article from "Securing Residential Construction Sites" to "Securing Construction and Demolition Sites."

§ 264-1 Title.

This article shall be known and may be cited as the “2017 Residential Construction Site Ordinance Amendment.”

§ 264-2 Purpose.

The purpose of this article is to require single-family and two-family residential construction sites and demolition sites that are adjacent to existing residential dwellings to be secured.

§ 264-3 Standards for securing construction sites.

[Amended 9-23-2018 by Ord. No. 2018-10]

All single-family and two-family residential construction sites and demolition sites that are adjacent to existing residential dwellings shall comply with the following standards while a building or structure is being erected, altered, repaired, removed or demolished under a valid permit for construction or demolition. Failure to comply is grounds for the Building Official to issue an order to stop work on the construction or demolition.

A. Fencing. Prior to the commencement of construction or demolition, the construction site shall be enclosed with a stable chain-link fence not less than four feet in height. Any gates shall open inward, so as not to obstruct the public right-of-way. When there is not active construction on the site, the gate shall be secured. Temporary fencing may be removed after a complete insulation inspection has been approved. All temporary fencing (including the foundation) shall be removed prior to the issuance of a conditional certificate of occupancy.

B. Signage. Prior to the commencement of construction or demolition, signage prepared by the City shall be attached to the required fencing with the permit holder's name and telephone number, and contact information for the City's Building Department. One sign shall be provided per street frontage.

C. Right-of-way maintenance. Any activity expected to impact the public right-of-way, including but not limited to a tree within the right-of-way or an adjoining sidewalk, must first receive a right-of-way permit pursuant to the City of Royal Oak Right-of-Way Management Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 650, Streets and Sidewalks, Art. V, Right-of-Way Management.

D. Portable toilets. Any portable toilets on site shall be located within the construction site and no less than 15 feet from any existing structure on adjacent property.

E. Excavation. Excavations on a site shall not be open for more than 60 days.

F. Exemptions. This section shall not apply to the following:

(1) New developments that have been through subdivision or site condominium approvals.

(2) All renovations enclosed within the original building or structure.

(3) Additions of less than 50% of the square footage of the original building or structure.

(4) Detached accessory structures.

§ 264-4 Violations and penalties.

A. A person violating this article for the first time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $250, plus costs.

B. A person violating this article for the second time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $500, plus costs.

C. A person violating this article for the third or subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment in the discretion of the court.

D. In addition to any penalties provided for herein, the court shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin further violation of this article.