[11-19-2013 by Ord. No.
2013-22]
It shall be the duty of all owners and occupants of any lot
or parcel of land fronting upon or along any public street in the
City to keep in repair and rebuild sidewalks in the said public street
adjacent to and abutting upon each lot or parcel of land at such time,
in such manner, and of such material as the City may direct.
[11-19-2013 by Ord. No.
2013-22]
Whenever the City shall deem it expedient or necessary that
a sidewalk should be constructed in and along the line and side of
any public street in the City or, the same having been constructed,
shall deem that the same be repaired or rebuilt, the City shall so
declare by resolution, which resolution shall state the place where
each sidewalk is required to be repaired or rebuilt and the kind of
material with which the same is to be completed; and the City will
pay the cost of materials necessary for the same, not to exceed 50%
of the total cost, to include labor and all other expense incidental
thereto, to repair or rebuild such sidewalk as shall be determined
by the City Manager; and thereupon it shall be the duty of all owners
or occupants of all land affected thereby to proceed within the time
mentioned therein to do the work and make the improvements required
thereby and in the manner and of the kind of material there mentioned.
[11-19-2013 by Ord. No.
2013-22]
Sidewalks will be considered deficient according to the following
criteria:
(a) If the sidewalk has displacement of more than 3/4 inch between any
two sections of sidewalk at the connection joint.
(b) If the sidewalk has more than two cracks of 1/4 inch in width or
more in any two linear feet of sidewalk section.
(c) If the sidewalk has a crack more than 3/4 inch in width.
(d) If any section of sidewalk is tilted in excess of one inch per foot
from edge to edge in a transverse direction.
(e) If, in any sidewalk, more than 50% of the surface has scaled off
to a depth of 1/4 inch or greater.
(f) If the concrete has settled, allowing water to pond to a depth of
one inch or more.
[11-19-2013 by Ord. No.
2013-22]
After the passage by the City Council of any such resolution mentioned in §
32-32, it shall be the duty of the City Manager to prepare copies thereof and to attach thereto a notice directed to each of the owners or occupants of all the land upon which such improvements would be a charge informing them that the improvement specified is such resolution shall be made and completed by them within the time, in the manner and of the material specified.
[11-19-2013 by Ord. No.
2013-22]
The City will advertise for bids and assign a contractor to
rebuild deficient sidewalks. If a property owner wants to utilize
the City contractor to complete the necessary work, this can be communicated
to the City and will be included in the City contractor's list
of work to be completed. If the property owner decides to not use
the City contractor, they can hire any licensed contractor to make
the repair. If a private contactor is utilized by the property owner,
the City will reimburse up to 50%, to a maximum cost, equal to the
cost paid by the City, as part of its annual bid contract, or whichever
is less.
[11-19-2013 by Ord. No.
2013-22]
(a) Sidewalk shall have a width of five feet, except where existing sidewalk
is narrower.
(b) The concrete pavement shall have a compressed strength of not less
than 3,500 pounds per square inch within 28 days of paving.
(c) Sidewalk joints shall be perpendicular to the edge of the sidewalk
at intervals not greater than the sidewalk width (foot/inch ratio).
(d) Barrier-free ramps constructed at curb crossings shall comply with
the Americans with Disabilities Act and MDOT 1996 Standard Specifications
for Construction.
(e) Walk grades shall generally follow the existing topography with a
maximum longitudinal grade of 5%. Traverse grades shall be provided
to accommodate adequate surface drainage, typically 1/4 inch per foot
fall toward the street.
(f) The subgrade shall be prepared by excavating or filling to the required
elevation of the bottom of the concrete. The subgrade shall be well-drained
and cleaned of all sod and organic material. Where necessary for the
construction of ramps, the curb shall be cut for its full depth. Where
necessary, take adequate precautions to protect exposed roots and
preserve existing trees. Any material found to be unsuitable, such
as muck, peat, marl, soft clay and other such materials subject to
frost heaving, differential frost action or unable to provide adequate
support for improvements, shall be excavated and removed from the
job site. Any materials so removed shall be replaced with Class II
granular material as specified in the current Michigan Department
of Transportation Standard Specifications.
(g) Sidewalk replacement will consist of removal and disposal of exiting
concrete and placement of new concrete four inches thick. Undercutting
may be required at the Inspector's discretion. Any undercut areas
shall be replaced with Class II granular materials compacted in place.
Replacement drive approaches and replacement sidewalk abutting a driveway
shall consist of removal and disposal of existing concrete and replacement
with six inches of new concrete.
(h) Traverse expansion joints 1/2 inch thick shall be placed at every
50 linear feet of sidewalk and at all sidewalks to driveway junctions.
(i) The subgrade shall be thoroughly moistened, and the concrete shall
be deposited to proper depth. The concrete along the edges of the
forms and joints shall be spaded, and the concrete shall be struck
off until all voids are removed and the surface has the required grade
and cross section. The surface shall be floated and troweled just
enough to produce a smooth, dense surface, free from irregularities.
All joints and edges shall be rounded to a radius of 1/4 inch with
an approved finishing tool. Contraction joints shall be tooled every
five feet (or four to match existing) of sidewalk.
(j) After the concrete has set sufficiently, but not more than three
days, the forms shall be backfilled with topsoil. All areas shall
be free of all rocks, concrete, roots or other debris. Disturbed areas
larger than six inches in width along the length of the sidewalk shall
be seeded.
(k) The contractor shall obtain a permit from the City for construction
and maintenance of sidewalks within its boundaries. The contractor
shall perform work in compliance with the Michigan Manual of Uniform
Traffic Control Devices, as amended, by providing proper traffic control
devices for construction work.
[11-19-2013 by Ord. No.
2013-22]
Where trees have lifted, creating uneven sidewalk, or caused
other damage, no roots should be removed as a means of leveling. The
new sidewalk should be relocated to create space away from the tree,
or the sidewalk should be elevated to accommodate the tree roots.
[11-19-2013 by Ord. No.
2013-22]
The owner and/or occupant of every lot or premises adjoining
any street, or the owner of such lot or premises if same is not occupied,
shall clear and keep clear all sidewalks adjoining such lot or premises
from any obstructions, including, but not limited to, structures,
vehicles, materials, debris, vegetation or other similar items.
[11-19-2013 by Ord. No.
2013-22]
If the owner of property abutting a defective or unsafe public
sidewalk fails to repair or rebuild the sidewalk or curb within 10
days after service of notice to make such repair, the City Manager
shall report such failure to repair the sidewalk to the City Council,
with the request that the City Manager be authorized to repair or
rebuild the sidewalk. Upon receipt of such report, the City Manager
will be authorized to repair or rebuild the sidewalk. Upon receipt
of such report, the City Council may determine the necessity to repair
or rebuild such sidewalk and may order the City Manager to do all
work required to accomplish the repair of such sidewalk. The cost
of such work, or such portion thereof as City Council determines shall
be paid by the owner of the abutting premises, together with a penalty
of 10% in addition thereto, shall be charged against the premises
abutting such sidewalk or curb and the owner thereof in the manner
provided for the making of special assessments in Chapter IX of the
Charter and the provisions of this Code relating thereto.
[11-19-2013 by Ord. No.
2013-22]
The City Council, by resolution will address where each sidewalk
is required to be repaired or rebuilt, that the City will pay the
cost of materials necessary for the same not to exceed 50% of the
total cost, including labor and all other expenses incidental thereto,
to repair or rebuild such sidewalk as determined by the City Manager.
(a) Under no circumstance shall the City pay for any portion of the cost
of sidewalk construction, repair or reconstruction where a sidewalk
has been damaged by willful misuse or carelessness as could perceivably
occur with heavy construction equipment, moving vans or similar items.
For such costs, the abutting property owner shall be 100% liable and
responsible.
(b) Where construction of a sidewalk is desired by an abutting property
owner for his own convenience, the cost shall be paid 100% by the
property owner.