[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
As used in this chapter:
(a)
CURB and/or CURB GUTTER LINE — Means the face or line of a
curb and/or the curb and gutter line constructed in any street farthest
from the private property line, or, where there is not curb and/or
curb and gutter, a line in a public street right of way farthest from
the private property line where the curb and/or curb and gutter would
be located, as determined by the City Manager.
(b)
CURB RETURN or RADII — Means that part or portion of a curb
and/or curb and gutter constructed around a corner, which includes
the radius of curvature to the end of radius or to the point where
the same becomes tangent.
(c)
DRIVEWAY APPROACH — Means an area, construction or facility
between the roadway or curb of any public street and private property
intended to provide access or egress and ingress for vehicles from
the roadway or curbing of a public street to private property.
(d)
CITY MANAGER — Means the Manager of the City of Coldwater or
his or her designated representative. [Adopting Ordinance]
(e)
OUTSIDE SIDEWALK LINE — Means a line parallel to the property
line lying along the edge of the sidewalk nearest the curb or street
roadway; or, where no sidewalk exists, a line in the street right
of way parallel to and five feet from the line of private property.
(f)
PARCEL OF LAND — Means a lot or lots of a tract of land officially
shown by the City Assessor's records in one ownership.
(g)
SIDEWALK — Means any sidewalk, crosswalk or driveway adjoining
any public street or alley and abutting or adjoining any private property.
[Ord. No. 224,
passed 2-14-1961]
Hereafter, whenever Council shall determine by ordinance or
resolution that any sidewalk on any of the streets and alleys of the
City shall be built, rebuilt or repaired, the same shall be built,
rebuilt or repaired in the manner prescribed in this chapter.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]
Whenever Council shall, by resolution or ordinance, declare
the necessity for, and direct the building, rebuilding or repair of,
any sidewalk in any street or alley in front of or adjoining private
property, it shall be the duty of the City Manager forthwith to cause
to be served upon the owner, agent or occupant or such private property,
by first class mail, a notice of such resolution or ordinance, which
notice may be in the following form:
|
SIDEWALK NOTICE, City of Coldwater
| |
|
Coldwater, Michigan _________________, 20_____
| |
|
TO ALL WHOM IT MAY CONCERN:
| |
|
Take notice that by resolution of the Council of the City of
Coldwater, Michigan, passed on the _____ day of __________, 20_____,
you are required to build (rebuild) (repair) sidewalk on the __________
side of ___________________ Street (Avenue), in front of or adjoining
such lots or parts of lots as are owned or used by you within 30 days
from the date hereof, which said lots are described as follows: (insert
address)
| |
|
Date , 20_____
| |
|
City Manager
| |
|
However, if the owner, agent or occupant of any such lots or
parcels shall be unknown, or in event that the City Manager shall
be unable to make service of such notice as herein provided, he or
she shall cause a copy of such notice to be published for five days
in some newspaper published in said City and file proof of such publication
with the City Clerk, before the expiration of the time limit in such
notice. It shall be the duty of every owner, agent or occupant of
any such lot or lots or parcels of land, within 30 days after the
date of such notice, to build, rebuild or repair such sidewalk in
accordance with the ordinances of the City and the specifications
for building, rebuilding and repairing sidewalks furnished by the
City Manager. If said owner, agent or occupant shall neglect or refuse
to build, rebuild or repair such sidewalk within the time specified
in such notice, it shall be the duty of the City Manager to cause
all such improvements as set forth in said notice to be performed
as soon as practicable.
|
[Ord. No. 224,
passed 2-14-1961; Ord. No. 700, passed 1-23-2006]
The City Manager shall keep an accurate account of all items of expense incurred by the City in carrying out the provisions of Section 1022.03, and upon the completion of said improvement shall render a verified account thereof to Council, with a description of the several lots or premises upon or in respect to which said expense was incurred, and the name of the owner or person chargeable therewith, if known. Council shall thereupon determine what amount of such expense or part thereof shall be charged against each of such persons and upon each of the several lots and premises benefitted thereby, and shall require the City Assessor to levy the same as a special assessment against such premises in accordance with the Charter.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]
No sidewalk shall hereafter be built or laid in the City without
a permit therefor being first obtained from the City Clerk, and all
sidewalks must be built or laid in accordance with the specifications
therefor to be furnished by the City Manager. The City Clerk shall
be authorized to issue such permits and to charge a fee therefor of
$1 for each 100 square feet of sidewalk or fraction thereof specified
in the application, which fee shall cover the cost of issuing such
permit, engineer's stakes and the cost of inspection, provided that
for isolated improvement of 100 square feet or less no permit shall
be required.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985; Ord. No. 700, passed 1-23-2006]
No sidewalk shall be constructed, built, rebuilt or required
in the City unless by a licensed sidewalk builder, except as hereinafter
provided. Any person, firm or corporation desiring to engage in the
business of building, rebuilding or repairing sidewalks shall make
written application for a license therefor to the City Clerk, which
application shall contain the full name, age and place of residence
of such person, shall express his or her willingness to be governed
in all respects by all rules, regulations or specifications which
are now or may hereafter be adopted by the City Manager for the building,
rebuilding or repair of sidewalks, and shall be signed by two or more
reputable citizens vouching for the applicant's qualifications for
such license. If such application is approved by the City Manager,
such applicant, upon the payment of a license fee of $5 and the filing
of a bond as hereinafter specified with the City Clerk, shall be entitled
to receive a sidewalk builder's license. No such license shall be
granted for more than one year, and all such licenses shall expire
on the December 31 of each year. It shall be unlawful for any person,
firm or corporation to build, rebuild or repair any sidewalk within
the City after this chapter takes effect without having first secured
a permit therefor under the provisions hereof.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
All sidewalk builders' bonds, as provided for by the terms of
this chapter, shall be in the penal sum of $1,000, with a surety company,
or a personal bond with two or more sureties residing within the County
of Branch, to be approved by the Manager. Said bond shall be conditioned
upon the faithful observance of the provisions of all ordinances in
effect at the date thereof concerning the building, rebuilding or
repair of sidewalks, and further conditioned that the principal executing
the same shall and will construct all sidewalks of good material and
workmanship and in strict accordance with all specifications and regulations
prescribed by the City Manager for the construction of sidewalks,
and shall and will keep all of such sidewalks so constructed in a
good condition of repair and fit for public travel for a period of
two years after the date of the completion of construction of the
same.
[Ord. No. 224,
passed 2-14-1961]
The bond provided for in Section 1022.07 may be prosecuted, and recovery had thereon, by the City or by any person, firm or corporation who shall have suffered any injury or damage by reason of the inferior quality of materials, improper construction or poor workmanship of any such sidewalk or for any injury or damage suffered on account of any such sidewalk becoming out of repair within the period covered by such bond. All such suits may be brought in the name of the City by any such person, firm or corporation, for his, her or its use and benefit, provided that said City shall not be liable for any costs occasioned by any such suit.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
All sidewalks shall be constructed of Portland cement concrete,
prepared and laid in accordance with plans, specifications, regulations
and requirements prescribed by the City Manager; however, hot-mixed
asphaltic concrete not less than two inches in thickness, well-rolled
or tamped in place and laid on a prepared, well-drained and compacted
gravel base not less than six inches in thickness when compacted,
may be used for driveway approaches between the curb and gutter and
principal sidewalk; also, for paving the area between a principal
sidewalk and curb, hot-mixed, well-tamped or rolled asphaltic concrete
not less than one-inch thick may also be used as a resurfacing course
over worn brick or concrete driveway approaches. In no instance will
asphaltic concrete or any other like material be permitted to be used
for the construction of principal sidewalks. All the above shall meet
with the latest plans, specifications, standards and requirements
prescribed by the City Manager.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 700, passed 1-23-2006]
The City Clerk is hereby authorized to grant a permit to any property owner to construct a sidewalk in front of or adjacent to any real estate owned by him or her, conditioned that such owner is skilled and competent to construct the same in the manner provided for in Section 1022.05.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
Council may, on its own initiative for incompetency, or for
any unlawful act, violation of the provisions hereof, or of any ordinance
relating to the building, rebuilding or repair or sidewalks, or for
any failure, refusal or neglect to strictly comply with the rules
and regulations and specifications furnished by the City Manager for
the building, rebuilding or repair of sidewalks, suspend or revoke
any license or permit issued hereunder, and the finding of Council
in all such matters shall be conclusive and final; provided, that
the Manager may, for any of the causes enumerated in this section,
suspend any such license or permit until the next regular meeting
of Council, and cause such license or permit to be delivered to him
or her. At the next regular meeting of Council, the sidewalk builder
or licensee may appear before Council and be heard, and Council, after
such hearing, may revoke or suspend the license or permit permanently,
or for a lesser period as it may deem advisable.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
Whenever for any reason any sidewalk shall become out of repair and in such condition as to be a menace to the safety of the public, the City Manager shall be authorized to make immediate repairs to the same, the cost and expense of which shall be paid by the owner, agent or occupant of the premises in front of or adjacent to which such sidewalk is located. In the event of the nonpayment by such owner or occupant of all of such cost and expense within a period of 30 days, the amount hereof may be recovered by the City in a suit brought for such purpose in any court of competent jurisdiction, or may be assessed against such lots or premises in the same manner provided for in Section 1022.04.
[Ord. No. 224,
passed 2-14-1961]
Any owner, agent or occupant who shall refuse or neglect to
comply with the provisions of any notice to build, rebuild or repair
any sidewalk in accordance with the provisions hereof, in addition
to the penalties herein provided, shall be liable and compelled to
pay to the City all damages to persons or property for which the said
City may be liable by reason of any injuries resulting therefrom,
which said sum may be recovered by the City in proceedings brought
for such purpose in any court of proper jurisdiction.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
It shall be the duty of the City Manager to forthwith prepare
standard specifications covering the building, rebuilding and repairing
of sidewalks within the City, in accordance with the provisions of
this chapter, which specifications shall be changed and modified as
often as may be necessary in order to insure all sidewalks being built,
rebuilt and repaired in accordance with the most approved and modern
methods. It shall also be the duty of the City Manager, when permits
shall be issued hereunder for the building, rebuilding or repairing
of any sidewalks, as soon as practicable, to establish a proper grade
therefor and place grade stakes showing the same, and the specifications
to be furnished for the construction of all such sidewalks shall provide
that such sidewalks shall be built according to the grade as established
by the City Manager.
[Ord. No. 224,
passed 2-14-1961]
In the event that the sidewalks to be built, rebuilt or repaired
under the provisions of this chapter shall comprise one block or more
and it shall become necessary for the City to perform such improvement,
Council may, in lieu of the other methods provided by the terms hereof,
create a special assessment district to defray the cost and expense
thereof, under the provisions the Charter.
[Ord. No. 243,
passed 10-28-1963]
The Building Commissioner may issue a temporary permit for the
obstruction of a section of sidewalk during remodeling or building
projects.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 700, passed 1-23-2006]
(a)
It shall be unlawful for any person, firm or corporation to construct,
alter or extend any driveway and/or curb or curb and gutter without
first obtaining a permit and making deposit, if required, for the
same at the office of the City Clerk on prescribed forms, and only
after plans submitted for the same have been approved for size, location,
etc., and after the same has been checked and approved by the City
Manager.
(b)
This chapter shall be deemed to be supplemental to sidewalk ordinances
and/or other ordinances regulating the use of public streets.
(c)
All permits granted for the use of public streets under the terms
of this chapter shall be revocable at the will of Council.
(d)
Where no curb and/or curb and gutter has previously been constructed
or is being constructed, permits will not be issued to construct driveway
approaches, and an owner constructing the same does so at his or her
own risk that it will fit properly when the curb and/or curb and gutter
is constructed, and shall repair or alter the same at his or her own
expense when the curb and/or curb and gutter is constructed to grades
established by the City Manager.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
(a)
Business approaches. No driveway approach for business purposes shall exceed 40 feet, as measured along the face of the curb, or exceed 30 feet as measured along the outside sidewalk line, except that in exceptional cases due to street corners where streets intersect at acute or obtuse angles, the City Manager may permit some variation in the above maximum widths, as provided by Section 1022.10.
(b)
Residential approaches. No driveway approach for residential purposes
shall exceed 30 feet, as measured along the face of the curb, and
twenty feet as measured along the outside sidewalk line. No more than
two driveway approaches shall be allowed to one parcel or ownership
of land; nor shall more than two driveway approaches be allowed for
one street frontage unless such frontage exceeds 200 feet. The sides,
edges or curbs or driveway approaches shall be at right angles to
street curbs or curb lines and curbs on each side of a driveway shall
have a perpendicular face varying in height from zero inches at the
outside walk line to a height of the existing or future curb at the
curb line.
(c)
Distance between driveway approaches and corners. No portion of a
driveway approach shall be constructed within four feet of the intersection
of the inside of the property side of sidewalks, or nearer than within
four feet of the end of any street, curb return or radii. Where more
than one driveway approach serves a single parcel of land or street
frontage, there shall be at least 20 feet between the nearest edges
of approaches as measured along the face of the curb.
(d)
Street structures. No driveway approach shall interfere with Municipal
or utility facilities, such as street lighting poles, utility poles,
traffic signal stands, street sign poles, catch basins, fire hydrants,
crosswalks, underground pipes or ducts, trees or other necessary street
structures; nor shall any driveway approach be constructed nearer
than four feet from any of the above mentioned street structures.
The removal of the above street structures may be permitted by the
City Manager, but as the sole expense of the property owner concerned.
[Ord. No. 224,
passed 2-14-1961]
Driveway approaches between the curb line and walk shall be
constructed of concrete not less than five inches thick for residential
driveways and not less than six inches thick for commercial or manufacturing
driveways, or they may be constructed of two-inch hot mix asphaltic
concrete laid over a six-inch compacted gravel base. One-half inch
premolded expansion joints shall be laid between the edge of the paving,
the back of the gutter or the curb and the outside sidewalk line and
driveway approach. Where existing curbs and/or curbs and gutters are
constructed and it is necessary to remove the same for a driveway
approach, the entire curb and/or curb and gutter shall first be removed,
and the curb and/or curb and gutter shall be replaced first to the
level of the top of the driveway approach before the balance of the
approach is poured. In cases where no sidewalk exists, a sidewalk
shall first be laid before the balance of the driveway approach is
constructed. In the case of unpaved or unimproved or paved streets
without curbs and/or curbs and gutters, driveway approaches shall
not interfere with ditch or gutter drainage; however, they may be
constructed, provided that a culvert not less than 10 inches in inside
diameter and not less than 16 feet in length is placed in the ditch
or gutter at the proper grade before the balance of the driveway approach
is constructed, which may be gravel surface construction at least
six inches compacted thickness. The construction of any driveway approach
or sidewalk in connection therewith shall meet with all the requirements
and current specifications of the City.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
(a)
General provisions. Any plans submitted to the Building Inspector
for approval which include or involve driveway approaches shall be
referred to the City Manager for his or her approval before a building
permit is issued.
(b)
Unusual conditions. The City Manager is hereby authorized to grant,
in writing, variances from the strict application of the provisions
of this chapter, provided he or she first determines that the following
conditions are present:
(1)
That the exception or variance desired arises from a peculiar
condition not ordinarily existing or due to the nature or operation
of a business.
(2)
That the exception or variance desired is not against the public
interest, particularly the public safety, convenience or general welfare.
(3)
That the granting of a permit for an exception or variance will
not adversely affect the rights of adjacent property owners or tenants.
(4)
That the strict application of the terms of this chapter will
work an unnecessary hardship on the property owner or tenant concerned.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
When constructing a curb and/or curb and gutter on a public
street, driveway openings in the curb will not be left in front of
vacant parcels or lots, except on the written request of the property
owner, which written request shall state the purpose or reason for
the curb openings and assumption of complete responsibility that the
requested curb opening for a driveway approach will be properly located
for future use when the property is developed. In the case where driveway
curb openings or driveway approaches have been previously constructed
and an owner desires to abandon, relocate, change, enlarge or decrease
the same, the same shall be approved by the City Manager, and all
costs necessary to restore the curb and/or curb and gutter or parkway
to conformity with the existing curb and sidewalk shall be assumed
by the property owner.
[Ord. No. 224,
passed 2-14-1961; Ord. No. 413, passed 11-25-1985]
An owner may appeal from the decision of the City Manager to
Council.
[Ord. No. 500,
passed 12-12-1994]
The City Engineer and his or her designated representative, and/or the Zoning Administrator and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $100, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $250, plus costs
and other sanctions, for each infraction.
