§ 42-48 WHO MAY REPAIR OR CONSTRUCT.

   No sidewalk or approach shall be constructed, rebuilt or repaired in the City except by a licensed and bonded sidewalk builder, except as hereinafter provided. All sidewalks shall be constructed, rebuilt or repaired in one of the following manners:

   (a)   By the Department of Public Works and Utilities by direct employment of labor and purchase of materials. Sidewalks may be constructed, rebuilt or repaired through the Department of Public Works and Utilities upon application to the Director of Public Works and Utilities and making a deposit with the City Treasurer in an amount of 25% in excess of the estimated cost of the work and materials as determined by the Director of Public Works and Utilities. Any balance remaining in the deposit after the expense of the work and materials has been deducted shall be refunded to the applicant;

   (b)   By a licensed and bonded sidewalk builder without City inspection as provided herein. Sidewalks may be constructed, rebuilt or repaired by a licensed and bonded sidewalk builder without City inspection upon application and obtaining a permit and payment of fees as specified under § 42-60; or

   (c)   By the owner of a lot or parcel of land in front of or adjacent to which a sidewalk is to be constructed or repaired over an area not exceeding 75 square feet. An isolated sidewalk repair of 75 square feet or less in area may be made by the owner of the abutting premises upon application and obtaining a permit and payment of the fee specified in § 42-60; provided, that the owner shall satisfy the Director of Public Works and Utilities that he or she is skillful and competent to reconstruct and repair the sidewalk without City inspection in the manner specified in Division 2 of this article, or will employ skillful, competent and experienced help to reconstruct or repair the sidewalk under his or her direction in such manner.

(Ord. 505, passed 10-5-1942; Ord. 1376, passed 4-8-1957)

§ 42-49 SUNDAY, NIGHT AND HOLIDAY WORK.

   No sidewalk construction, reconstruction or repair requiring the presence of an inspector will be permitted on Sundays, holidays or between the hours of 5:00 p.m. and 8:00 a.m. unless application for the inspection is made at least 48 hours in advance of the time when the inspection is required.

(Ord. 505, passed 10-5-1942; Ord. 1733, passed 7-29-1963)

§ 42-50 APPROACHES AND SIDEWALKS LOCATED WITHIN INTERSECTION.

   All approaches and sidewalks located within the intersection of public streets or alleys shall be constructed, maintained and kept in repair by the Director of Public Works and Utilities and shall be constructed in accordance with the specifications established by this article. The expense of building and repairing approaches and sidewalks within the intersection of public streets and alleys shall be paid out of the general fund of the City.

(Ord. 505, passed 10-5-1942)

§ 42-51 NOTICE TO CONSTRUCT OR REPAIR.

   Whenever the construction, reconstruction or repair of sidewalk or approach is ordered in the manner provided by the Charter, this Code or other ordinances of the City, it shall be the duty of the Director of Public Works and Utilities to cause to be served upon the owner, agent or occupant of any lot or parcel of land in front of or abutting a sidewalk or approach which is ordered to be constructed, reconstructed or repaired, notice to construct, reconstruct or repair the same within 15 days from the date of service of the notice. The notice shall be served by regular mail by mailing to the owner, agent or occupant of the lot or parcel of land a true copy of the notice inscribed “copy.” The notice shall be in the following form or one substantially similar thereto:

   State of Michigan         )

                     ) ss

   City of Flint, Genesee County)

You are hereby notified to construct, reconstruct or repair a sidewalk or approach along the                 side of                  Street in front of (or adjacent to) such part or parts of the following described lot or parcel of land situated in the City of Flint are owned by you, to wit:                                                               pursuant to resolution adopted by the Flint City Council on the      day of              , 20   , and in accordance with specifications prescribed therefor now on file in the office of the Director of Public Works and Utilities within fifteen days from the date of the service upon you of this notice.

   Witness

Director of Public Works and Utilities this        day of                , 20    .

(Ord. 505, passed 10-5-1942; Ord. 1336, passed 6-25-1956)

§ 42-52 COST OF CONSTRUCTION BY CITY.

   (a)   If the owner, agent or occupant shall neglect to construct, reconstruct or repair the sidewalk or approach within the time specified in the notice required to be given, it shall be the duty of the City Administrator to construct, reconstruct or repair the same, or cause it to be done. In such case the cost and expense of construction, reconstructing or repairing the sidewalk or approach, in which cost shall be included all the items of cost of the construction, shall, when ordered by the City Council, be assessed by the Board of Special Assessors on each description of land, which shall be and remain a lien thereon until collected and paid as provided in this article.

   (b)   Upon completion of the construction, reconstruction or repairing of the sidewalk or approach, the City Administrator shall make a report to the City Council, setting forth therein the names of the owner, agent or occupant with a description of the premises, the amount of walk constructed, reconstructed or repaired, together with an itemized statement verified by him or her showing the cost and the expense of all labor and material used.

(Ord. 505, passed 10-5-1942)

§ 42-53 PREPARATION OF ASSESSMENT ROLLS; LEVY OF ASSESSMENTS.

   (a)   Upon receiving the report mentioned in § 42-52, the City Council shall and it is hereby authorized to direct the Board of Special Assessors to make and prepare special assessment rolls, which shall contain the description of each lot or parcel of land in front of or adjacent to which the City has constructed, reconstructed or repaired any sidewalk or approach provided and the names of the owners of the lots or parcels of land, together with the total cost of constructing, reconstructing or repairing the same as in this article provided to be assessed. The Board of Special Assessors shall levy, as a “special assessment” on each description of land appearing on the rolls, its proportion of the cost.

   (b)   Upon receiving such direction, the Board of Special Assessors shall make an assessment roll as provided in Section 98 of the Charter and thereupon the same proceedings shall be had and with like effect as provided in the Charter for special assessments in other cases.

(Ord. 505, passed 10-5-1942)

§ 42-54 RECOVERY BY CITY OF DAMAGES FOR WHICH IT MAY BE LIABLE.

   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 or approach in accordance with the provisions of this article, in addition to the penalties otherwise provided in this Code, shall be liable and compelled to pay to the City all damages to person or property for which the City may be liable for by reason of any injuries resulting therefrom, which sum may be recovered by the City in proceedings brought for that purpose in any court of proper jurisdiction.

(Ord. 505, passed 10-5-1942)