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(A) No sidewalk shall be constructed or an existing sidewalk replaced without first obtaining a written permit from the Director of the Department of Public Works, and any sidewalk construction shall be according to the specifications as furnished by the Director of Public Works.
(B) No existing sidewalk shall be repaired, altered or changed without first obtaining a written permit from the Director of the Department of Public Works, and all sidewalks repairs shall be according to the specifications as furnished by the City Manager.
(1993 Code, § 58-94)
Every contractor or owner, before proceeding to construct, build or repair any sidewalk in the public streets or alleys of the city, shall upon request of the City Council execute and deliver to the city a bond with such surety as shall be approved by the Council in the penal sum of at least $1,000, conditioned that the sidewalks so constructed shall be constructed according to plans, dimensions, specifications and standards furnished by the Director of Public Works. The bond shall be in full force and effect until the sidewalks covered by the bond shall he accepted in writing by the Director of Public Works as conforming to the plans, dimensions, specifications and standards submitted to such contractor by the city, which bond shall be in the following form:
Know All Men By These Presents, that we, as principal, and and as sureties, are held and firmly bound unto the City of Charlotte, Michigan in the sum of One Thousand Dollars to be paid the said City of Charlotte, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, and each and every one of them firmly by these presents.
Sealed with our seals and dated this day of A.D. 20 .
The condition of the above obligation is such that WHEREAS, the above bounden principal is about to engage in constructing or repairing sidewalks upon the streets of said City, a part of the expense for the building or repairing of such sidewalks is to be borne by said City and part by the adjacent property owners, said sidewalks being described as follows:
WHEREAS the above bounden principal does hereby agree and warrant that he or it shall construct or repair said sidewalk or sidewalks according to the plans, specifications, dimensions and standards submitted by the City Director of Public Works and within the time specified.
WHEREFORE, if said principal shall in all respects well and faithfully construct or repair each, any and all sidewalks he or it may undertake to construct or repair strictly according to the terms, requirements, plans, dimensions, specifications and standards specified, and when said sidewalk or sidewalks are formally accepted in writing by the City Director of Public Works as conforming to the plans, specifications, dimensions and standards as furnished by him and shall well and truly pay as it may become due and payable all indebtedness which may become due to any person, firm or corporation, on account of any labor performed or material furnished in the construction or repair of such sidewalk or sidewalks, and shall save the City of Charlotte harmless from any and all claims as a result of accident, personal injury or property damage occurring through the negligence of said principal, his or its agents or employees while engaged in the constructing of any such sidewalk or sidewalks, then this obligation to be void; otherwise to be in full force and effect.
(1993 Code, § 58-95)
If any contractor or owner shall construct or repair a sidewalk and the sidewalk shall not conform in every respect to the plans, dimensions, specifications and standards submitted and shall not be formally accepted by the Director of Public Works, either because of faulty materials or defective workmanship in the construction or repair or in the materials used, the contractor shall proceed within 10 days after receiving notice from the Director of Public Works to reconstruct or rerepair such sidewalk in accordance with the plans, specifications, dimensions and standards furnished him. If the contractor shall fail to do so, the city may on its own motion proceed to reconstruct or rerepair or have reconstructed or rerepaired the sidewalk, and the contractor and his bondsmen shall be liable on their bond for the penalty thereof.
(1993 Code, § 58-96)
It shall be unlawful for any person to construct, alter or repair any sidewalk within the limits of any of the public streets or alleys of the city without a permit as required in this division. He shall use material in accordance with the plans, specifications, dimensions and standards furnished by the Director of Public Works.
(1993 Code, § 58-98)
Whenever the Council shall by resolution or otherwise order the construction of any new sidewalk or the repair of any sidewalk, the City Manager shall give notice of such order, in accordance with § 1-15, to the owner or occupant of the land adjacent to and abutting on the street or alley upon which the new sidewalk is to be built or the old sidewalk is to be repaired. Such notice shall be in writing, signed by the Director of Public Works and shall be directed to the owners or occupants of the land adjacent to the sidewalk, advising such owner or occupant of the premises that the city intends to construct or repair the sidewalk.
(1993 Code, § 58-100) (Ord. passed 9-14-1998)
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