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Home My WebLink About19. 13-122 MARCH 12, 2013 13-122 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: REPEAL & RECREATE A PORTION OF THE STREETS & SIDEWALKS ORDINANCE INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING&RECREATING A PORTION OF THE STREETS AND SIDEWALKS ORDINANCE / SECTION 25-42 CONSTRUCTION AND REPAIR REGULATED/SECTION 25-45 CONCRETE SIDEWALK LAYERS/CURB CUT CONTRACTORS LICENSE / SECTION 25-52 SIDEWALK/CURB CUT CONSTRUCTION—PERMIT;APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS/SECTION 25-59 CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR; DEFECTIVE SIDEWALKS; NOTICE TO REBUILD; CITY MAY REPAIR; COST. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Chapter 25 Streets and Sidewalks, Article VIII. Sidewalks, Section 25-42 of the Oshkosh Municipal Code pertaining to construction and repair regulations is hereby repealed and recreated to read as follows: ARTICLE VIII. SIDEWALKS/DRIVEWAY APPROACHES SECTION 25-42 CONSTRUCTION AND REPAIR REGULATED. No person, whether owner, builder, or contractor, shall build any new sidewalk, curb cut, or driveway approach or repair or renew, or cause to be built, repaired, or renewed any existing sidewalk, curb cut, or driveway approach contrary to the provisions of this Chapter. The driveway approach shall be defined as the section of driveway for a property that is located between the curb or edge of pavement of a public street and the property line or street side of the public sidewalk. SECTION 2. That Chapter 25, Streets and Sidewalks, Section 25-45 of the Oshkosh Municipal Code pertaining to concrete sidewalk layers/curb cut contractor's licensing requirements is hereby repealed and recreated to read as follows: MARCH 12, 2013 13-122 ORDINANCE FIRST READING CONT'D SECTION 25-45 CONCRETE SIDEWALK LAYERS/CURB CUT CONTRACTORS LICENSE. No person, firm, or corporation shall engage in or carry on the business of constructing concrete sidewalks and driveway approaches or constructing or altering curb cuts in the city without procuring a license therefore from the office of the City Clerk as herein provided. SECTION 3. That Chapter 25, Streets and Sidewalks, Section 25-52 of the Oshkosh Municipal Code pertaining to sidewalk and curb cut construction right-of-way permits issued by the Department of Public Works is hereby repealed and recreated to read as follows: SECTION 25-52 SIDEWALK/CURB CUT/DRIVEWAY APPROACH CONSTRUCTION PERMIT; APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS. No sidewalk, curb cut, or driveway approach shall be excavated, altered, or constructed by any person, firm or corporation without a work in the right-of-way permit issued by the Department of Public Works to construct the same, said permit shall be signed by the party responsible for the construction, and shall state the length of said proposed walk, any openings to be left therein or thereunder and the means proposed to cover or protect the same, and designating the premises in front of which the walk is to be constructed and the nature of the principal buildings thereof. The fee for such permit shall be as specified in Section 25-16. SECTION 4. That Chapter 25, Streets and Sidewalks, Section 25-59 of the Oshkosh Municipal Code pertaining to condemnation of faulty construction or repair, defective sidewalk, curb cut, or driveway approach and notice to rebuild or repair and the cost of such is hereby repealed and recreated to read as follows: SECTION 25-59 CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR; DEFECTIVE SIDEWALK, CURB CUT,OR DRIVEWAY APPROACH; NOTICE TO REBUILD; CITY MAY REPAIR; COST. (A) Faulty work; condemnation; notice. Whenever any person, firm or corporation shall repair or cause to be repaired an existing sidewalk, curb cut, or driveway approach contrary to the terms of this Chapter, or shall construct or cause to be constructed a sidewalk, curb cut, or driveway approach that cannot be made to conform to the requirements of this Chapter or to any requirement of the Board of Public Works without completely reconstructing such sidewalk, curb cut, or driveway approach, or some part thereof; the Board of Public Works is empowered to and shall condemn the sidewalk, curb MARCH 12, 2013 13-122 ORDINANCE FIRST READING CONT'D cut, or driveway approach, or part thereof and shall give notice thereof to the licensee and owner of the abutting premises. Within twenty (20) days of receipt of said notice the sidewalk, curb cut, or driveway approach or part thereof thus condemned shall be removed and rebuilt in accordance with the provisions of this chapter. (B) Defective sidewalk, curb cut, or driveway approach; condemnation; notice. When any existing sidewalk, curb cut, or driveway approach becomes defective, insufficient, or dangerous to travel, the Board of Public Works is empowered to and shall condemn the sidewalk, curb cut, or driveway approach or part thereof and shall give notice thereof to the owner of the abutting premises. Within twenty (20) days after receipt of said notice the sidewalk, curb cut, or driveway approach or part thereof thus condemned shall be removed and rebuilt in accordance with the terms of this Chapter. (C) City may repair; cost. If any person, firm or corporation shall fail or neglect for twenty (20) days after the service of the notice referred to in Section 25-59(a) or (b) to comply with the same, the Board of Public Works shall proceed in the manner provided by law to cause the sidewalk, curb cut, or driveway approach or part thereof to be removed and a new sidewalk, curb cut, or driveway approach built in place thereof and the cost of such work shall be charged either to the abutting property or to the licensee under the provisions of Section 25-50 or Section 25-61. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #13-XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING & RECREATING A PORTION OF THE STREETS AND SIDEWALKS ORDINANCE/SECTION 25-42 CONSTRUCTION AND REPAIR REGULATED/SECTION 25-45 CONCRETE SIDEWALK LAYERS/CURB CUT CONTRACTORS LICENSE / SECTION 25-52 SIDEWALK/CURB CUT CONSTRUCTION — PERMIT; APPLICATION; CONTENTS; ISSUANCE BY BOARD OF PUBLIC WORKS/SECTION 25-59 CONDEMNATION OF FAULTY CONSTRUCTION OR REPAIR; DEFECTIVE SIDEWALKS; NOTICE TO REBUILD; CITY MAY REPAIR; COST.) on March 26, 2013. The ordinance is updated to include curb cut and driveway approaches along with sidewalk in regard to construction and repair regulations, licensing, permits, and condemnation of faulty construction or repair, as well as notice to repair and cost thereof that is within City owned right-of-way. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. (41'1110•"") OJHKOJH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works "c_p DATE: March 7, 2013 RE: Chapter 25 of the Municipal Code of the City of Oshkosh— Revisions Relating to Sidewalks, Curb Cuts, and Driveway Approaches BACKGROUND Chapter 25 of the Municipal Code of the City of Oshkosh covers the regulations relating to streets and sidewalks. The current text of this chapter needs to be revised to clarify that property owners are responsible for the proper construction and repair of the driveway approach for a private property. ANALYSIS The following changes are recommended: Section 25-42 Construction and Repair Regulated — Clarify that curb cuts and driveway approaches are to be built or repaired to City standards — Define a driveway approach for private property Section 25-45 Concrete Sidewalk Layers/Curb Cut Contractors License — Require a City license for driveway approach construction Section 25-52 Sidewalk/Curb Cut Construction — Permit; Application; Contents; Issuance by Board of Public Works — Require a"Work in the Right-of-Way" permit for driveway approach construction Section 25-59 Condemnation of Faulty Construction or Repair; Defective Sidewalks; Notice to Rebuild City May Repair; Cost — Clarify that repairs to curb cuts or any driveway approach for a private property are the responsibility of the private property owner FISCAL IMPACT These changes will clarify that all expenses are the responsibility of the benefitting private property owner. RECOMMENDATION Staff recommends approval of this ordinance at the second reading. Approved: Mark A. Rohloff City Manager DCP/tlt C\Engineering\Tracy Taylor\Memos to Mayor&Common Counci1120131Chapter 25 Municipal Code Changes3-7-13.docx