City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[Adopted 3-22-1954 by Ord. No. 757]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Shall extend and be applied to firms, corporations, or voluntary associations, as well as individuals.
SIDEWALK
Includes any sidewalk, crosswalk, or driveway adjoining any public street or alley and abutting or adjoining any private property.
[Amended 7-13-1987 by Ord. No. 87-6]
A. 
All sidewalks within the City shall be kept and maintained in good repair by the owner of the land adjacent to and abutting upon it. If any owner shall neglect to keep and maintain the sidewalk along the front, rear, or side of the land owned by him in good repair and safe for the use of the public, the owner shall be liable to the City for any damages recovered against the City sustained by any person by reason of such sidewalk being unsafe and out of repair.
B. 
All sidewalks and driveway approaches between the lot line and the street curb, except crosswalks at intersections, shall be repaired and maintained by the abutting property owner and shall comply with all requirements set forth in this article.
[Amended 5-3-1971 by Ord. No. 71-2; 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
No person shall construct or replace any public sidewalk except in accordance with the line, grade, slope, and specifications established by the City Engineer, or without first obtaining a written permit from the City Engineer. A separate permit shall be obtained for each separate installation by address. A nonrefundable fee for such permit shall be set by a City Commission resolution that shall be renewed annually. All permits shall state the location where public sidewalk is to be installed or replaced and the number of square feet of public sidewalk to be built.
[Amended 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
A permit shall be issued:
A. 
To every licensed public sidewalk builder making proper application, for construction of new public sidewalks, or for the replacement of old public sidewalks.
B. 
To any property owner making proper application for the construction of new public sidewalks or for the replacement of any old public sidewalk in front of or adjacent to any land owned and occupied by him, provided such owner furnishes evidence satisfactory to the City Engineer that he is competent to do same and files a sworn statement that he owns and occupies the property adjacent to the public sidewalk, that he will be in direct charge of the installation, and that he will be responsible for replacing any public sidewalk not meeting City requirements. Further provided, that when the owner wishes to construct a new public sidewalk upon a site where no public sidewalk grade has been established, a permit shall be issued and the City Engineer will cause the correct grade to be established. The applicant shall pay a nonrefundable penalty fee in an amount to be set by City Commission resolution for failing to obtain the required public sidewalk building permit prior to beginning construction or replacement work. Should any public sidewalk be installed which does not meet City requirements, it may be ordered replaced under the provisions of § 650-20.
[Amended 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
Whenever the City Engineer shall determine that a public sidewalk is unsafe for use, or that a new public sidewalk is necessary, he shall give notice to the owner of the abutting property. Thereafter, it shall be the duty of said owner to cause said public sidewalk to be placed in a safe condition or to cause a new public sidewalk to be built as the case may be. Such notice shall specify a reasonable time, not less than 20 days, within which such work shall be done. In the event the owner fails to comply with said notice, the City Engineer shall cause said public sidewalk to be replaced or a new public sidewalk to be built. If the City Engineer determines that the condition of any existing public sidewalk is such that immediate replacement is necessary to protect the public, he may dispense with said notice. The cost hereunder shall be charged against the premises and the owner thereof and shall be collected by special assessment in the manner provided by the City Charter.
In the event that sidewalks are to be built, rebuilt, or repaired, under the provisions of this article, and it shall become necessary for the City to perform such improvement, the Commission may, in lieu of the other methods provided by the terms hereof, charge and collect the expense thereof as a special assessment against the abutting property under the provisions of Chapter 12 of the City Charter.
[Amended 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
No person shall engage in the business of constructing or replacing public sidewalks in the City of Royal Oak without first having obtained a license for that purpose. An application for a license shall be made to the City Engineer and shall set forth all information deemed necessary for the proper enforcement of this article, and shall contain an agreement signed by the applicant to comply with all the laws, rules, regulations, and specifications in force in the City pertaining to the construction or replacement of public sidewalks. The applicant shall pay a nonrefundable application fee in an amount to be set by a City Commission resolution that shall be renewed annually. The applicant shall also file a bond in an amount to be set by a City Commission resolution, conditioned upon the faithful performance of the provisions of all ordinances pertaining to construction and replacement of public sidewalks, and further conditioned that the principle executing the same will construct all public sidewalks of good material and in a workmanlike manner, and in strict accordance with all the specifications and regulations prescribed by the City Engineer, and will keep all public sidewalks so constructed in a good condition of repair and fit for public travel for a period of two years after the date of completion of construction of the same. All such bonds shall be surety company bonds. Upon approval of the bond and application, the City Engineer shall issue the applicant a license as a public sidewalk builder. All such licenses shall expire on December 31st of each year.
[Amended 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
The City Commission may, for the violation of any of the provisions of this article, or for any failure, or refusal, or neglect, to strictly comply to the rules, regulations, and specifications furnished by the City Engineer, suspend or revoke any license or permit issued hereunder, and the City Engineer may refuse to issue any further permits to the violator. The City Manager may, for any of the causes enumerated in this section, suspend any license or permit until the next regular meeting of the Commission. At the next regular meeting of the Commission, the licensee may appear before the Commission and be heard, and the Commission, after such hearing, may revoke or suspend such license permanently or for a lesser period as it may deem advisable.
[Amended 7-13-1987 by Ord. No. 87-6; 5-11-1992 by Ord. No. 92-9; 3-18-1996 by Ord. No. 96-5]
Any person who shall be convicted of violating any of the provisions of this article shall be punished by a fine not to exceed $500 or by imprisonment for 90 days, or both, in the discretion of the court.