[P.S. Code § PS301.343]
All sidewalks, crosswalks or driveways constructed
on any street, alley or other public place within the limits of the
City shall be laid or constructed as required by this article and
any other applicable ordinance of the City and by the rules and specifications
adopted by the Department of Public Services and approved by the City
Commission.
[P.S. Code §§ PS301.342B,
PS301.344; amended 10-29-1979 by Ord. No. 1176; 5-27-1980 by Ord. No. 1205]
A.
No person shall construct any sidewalk, crosswalk
or driveway on any street, alley or other public place, without first
obtaining a permit so to do from the Department of Public Services.
The application for such permit shall specify the street and number
where the same is to be constructed.
B.
No permit required by this section shall be issued
unless the applicant has on file with the Department of Public Services
a duly executed bond, running to the City, with a bonding company
operating under the laws of the State of Michigan as a surety thereon,
and approved by the City Attorney. Such bond shall be in the sum of
$5,000 and shall be conditioned that all sidewalks, crosswalks and
driveways on any public street, alley or public place constructed
by him shall be constructed as required by this article and any other
ordinance of the City and by the specifications of the Department
of Public Services.
C.
The City Clerk shall transfer all bonds in his custody
to the Department of Public Services.
D.
Insurance. (This paragraph is reserved for future
use).
[P.S. Code § PS301.343]
Sidewalks shall be laid with the inside edge
of the walk coincident with the line of the property adjacent to the
street and shall be of a minimum width of five feet on all streets
of a width of three rods or greater, unless otherwise specifically
permitted by the City Commission. On streets less than three rods
in width, the sidewalk shall be built of a width established by the
Department of Public Services in accordance with the rules and specifications
adopted by that Department and approved by the City Commission.
[P.S. Code §§ PS301.347, PS301.349]
A.
The construction and financing of new sidewalks shall
be subject to the procedures and powers of the City applicable to
other public or local improvements. The cost thereof may be assessed
against adjoining or benefited property.
B.
Upon the receipt by the City Commission of a petition
or other request for the construction of a new sidewalk, the City
Manager shall cause estimates of cost and a special assessment roll
therefor to be prepared. The City Commission may elect to hold a hearing
as to the necessity for such construction, giving notice of such hearing
by regular mail to adjoining or benefited owners who may later be
assessed for the cost thereof, and likewise may notify any other affected
persons or groups. Such hearings shall not be deemed jurisdictional
nor shall they affect the validity of any assessment procedure later
undertaken by the City. Upon determination by the City Commission
that the sidewalk is necessary, or upon confirmation of the assessment
roll therefor, the Department of Public Works shall proceed with the
construction.
[P.S. Code § PS301.348]
Notwithstanding any other provision of this article, the owners or occupiers of adjoining or benefited property may arrange for the construction of new sidewalks by a duly bonded sidewalk builder, who in turn shall secure the necessary permit therefor, prior to commencing such work, as required by § 33-34. No private installation of a new sidewalk may be made for which assessment rolls have been presented to the City Commission and are under its consideration, or where special assessment rolls therefor have been confirmed, or where the City Commission may otherwise have determined that the sidewalk shall be constructed by the City.
[P.S. Code §§ PS301.346, PS301.3410—PS301.3412,
PS301.3415]
A.
It shall be the duty of all owners or occupants of
premises within the corporate limits of the City to keep all cement
sidewalks, which have been heretofore laid or which may be hereafter
laid, in front of or adjacent to such premises, in and along any of
the streets and alleys of the City, in good repair. Any owner or occupant
of any such premises who shall allow any such sidewalk to remain out
of repair, or in dangerous condition, without properly barricading
the same, shall be deemed responsible for a municipal civil infraction.
[Amended 5-7-2018 by Ord.
No. 1964]
B.
Whenever the City Commission shall find that an existing
sidewalk is hazardous, breaking up or deteriorated, it may proceed
as herein provided. It shall adopt a resolution identifying the sidewalk
so found, require the replacement or repair thereof as a public necessity,
and direct that the adjoining owner or occupier promptly replace or
repair the sidewalk within a specified period of time. Upon the expiration
of the time limited therein for the replacement or repair of such
sidewalk, if the same has not been done, the Department of Public
Works shall proceed to install such replacement or repairs and the
City may assess the cost of such work against the adjoining or benefited
property.
C.
The resolution referred to in Subsection B shall be served, by registered or certified mail or in person, upon the owner or occupier of the adjoining property and shall be in substantially the following form:
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City of Kalamazoo, Michigan
Resolution and Notice for Sidewalk Replacement
or Repair
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RESOLVED that the City Commission of the City
of Kalamazoo hereby finds that the sidewalk in front of the premises
located at consisting of linear feet or square feet owned or occupied by is hazardous,
breaking up, or deteriorated, that it requires the replacement or
repair of said sidewalk as a public necessity, and that it directs
the above named owner or occupier to promptly replace/repair said
sidewalk within days after service of this notice upon
said owner or occupier.
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FURTHER RESOLVED, that within said period said
owner or occupier shall either (1) arrange for the private performance
of said work, notify the Department of Public Works of the City as
to the name of the bonded sidewalk builder engaged to do the work,
the date when it will be done and obtain the permit therefor, or (2)
notify the Department of Public Works that the owner or occupier requests
the City to arrange for the performance of the work and to bill the
reasonable and assessable costs thereof.
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FURTHER RESOLVED, that a certified copy of this
Resolution shall be served by the City Clerk by certified or registered
mail or in person upon the owner or occupier above named.
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FURTHER RESOLVED, that a copy of this Resolution
shall be filed with the Department of Public Works together with a
notation of the date, time and manner of service thereof upon the
owner or occupier, and if said sidewalk replacement or repair is not
satisfactorily performed or arranged within the required period, said
Department shall proceed without delay to perform the work and to
report the reasonable cost thereof to the City auditor who is hereby
authorized and directed to collect said sum from the owner or occupier
named. Said sum shall be collectible against the adjoining owner or
occupier by civil suit, assessment against the benefited property,
or such other means as may be proper for the collection of debts by
legal process.
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Certificate
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I hereby certify that the above resolution and
notice was duly adopted by the City Commission of the City of Kalamazoo
at its meeting held on the day of ,
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City Clerk
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Proof of Service
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State of Michigan
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)
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County of Kalamazoo
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)
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SS:
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The undersigned, being duly sworn, deposes and
says that on the day of , the above resolution and notice was duly served upon the owner therein
named by registered/certified mail, placed in a U.S. Post Office receptacle
at m. or by personal service at: time: m.
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Subscribed and sworn to before me this day of ,
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Notary Public in and for Kalamazoo County, Michigan.
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My Comm. exp.
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D.
The cost of replacement or repair of a sidewalk to
be charged may be based upon standard average costs experienced by
the Department of Public Works during the prior year, less such subsidy
or credit as the City Commission may allow.
E.
When it comes to the attention of the Director of
Public Works that a sidewalk has become out of repair to the extent
that it presents an immediate menace to traffic, it shall be lawful
for him to erect barricades or red lights, or to make temporary repairs
in the sidewalk, and include the cost of such barricades, red lights
and temporary repairs with the cost of the permanent improvement and
charge against the adjacent property as provided in this section.
[P.S. Code § PS301.3413]
The City Commission, as in other cases of public
or local improvements benefiting adjoining property, is hereby empowered
to assess the reasonable costs of sidewalk improvements, either before
or after the installation of such improvement. This power shall apply
either to new construction or to replacement and repair costs, as
the City Commission shall determine. The City Commission, in its discretion,
may also authorize collection of such costs by civil process, counterclaim
or such other means as may be proper for the collection of debts by
legal process.
[P.S. Code § PS301.3414]
It shall be the duty of the City Clerk to keep
in his office a separate record of all orders and resolutions of the
City Commission pertaining and relating to sidewalks and issued or
adopted under this article and such other matters relating to sidewalks
as may be provided by ordinance or resolution.
[P.S. Code § PS301.35]
A.
Any person who shall construct, remove, enlarge, relocate
or otherwise substantially modify a driveway approach within the public
street right-of-way shall obtain approval of the proposed work by
the City engineer or his designated representative. Any structure,
driveway, parking area or vehicle area which lies outside the public
street right-of-way shall be constructed in accord with this section,
to the extent that it affects the safe and convenient use of the public
right-of-way.
B.
The City shall establish standard specifications for
the layout and construction of driveway approaches and related areas
and structures. Such standard specifications shall be recommended
by the City engineer, established by resolution of the City Commission
and kept on file in the office of the Department of Public Works.
Work on any driveway approach or related area or structure shall conform
to such standard specifications. A permit for such work shall be issued
in accordance with established regulations.
