Title
An Ordinance to Amend Sections 4:51, 4:58, and 4:60 of Chapter 49 (Sidewalks) of Title IV of the Code of the City of Ann Arbor (Ordinance No. ORD-13-15)
Memorandum
Approval of the proposed ordinance will amend the definition of sidewalk in section 4:51 to include improved pathways in locations other than public rights-of-way that have been taken by the City, or that have been dedicated or granted to and accepted by the City, for public use as pedestrian, bicycle or non-motorized pathways. It also distinguishes sidewalks in or parallel to public street rights of way with improved streets from those that do not contain an improved street.
The amendment to section 4:51 to expand the definition of sidewalk will clarify for abutting property owners and for members of the public who use these pedestrian, bicycle or non-motorized pathways that they are sidewalks that the City can maintain with funds raised by the street and sidewalk millage.
Excepted as noted below, amendments to Sections 4:58 and 4:60 specifically exempt abutting property owners from responsibility for repair and snow and ice removal for sidewalks in public rights of way without an improved street and those that lie within or upon an easement or strip of land that is not adjacent and parallel to a public right of way, and that was taken or accepted by the City or dedicated to and accepted by the City for public use by pedestrians, bicycles, or other non-motorized travel.
Section 4:58 was previously revised to provide for City repairs of certain sidewalks during the five years that the millage that covers sidewalk repairs is in place. The proposed amendment to subsection (B) of section 4:58 provides that the City will not have a responsibility to repair any sidewalks for which covenants, restrictions or other documents of a subdivision or condominium have placed the responsibility for care or maintenance on lot or unit owners, a homeowners association, condominium owners association, or a ...
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