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ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES and ACTIVITIES

CHAPTER 4. PUBLIC WORKS

Annotations By: Jacqueline Bejma

Sec. 7-401. Department

The department of public works will:

1. Manage and collect garbage and debris
2. Enforce any environmental ordinances not covered by the Buildings, Safety Engineering and Environment department
3. Provide construction, maintenance, demolition and engineering of streets, alleys and public buildings
4. Plan, establish and maintain traffic control systems
5. Perform any other functions needed

The Department of Public Works shall:

1. Provide for the management and collection of garbage and debris.
2. Except as otherwise provided by law or Charter, in cooperation with the Buildings, Safety Engineering and Environment Department, enforce the environmental ordinances of the city, relating to this chapter.
3. Provide for the construction, maintenance, demolition and engineering design of streets, alleys and public buildings.
4. Plan, establish and maintain systems and devices for safe and expeditious regulation and control of traffic within the City.
5. As provided by law or ordinance, perform other functions necessary to improve the quality of the environment.

Sec. 7-402. Sidewalk Maintenance

The public works department may repair sidewalks if an owner fails to do so after notification

The cost of any sidewalk repair is the responsibility of the property owner

The Department of Public Works may repair sidewalks after first giving the owner, occupant, or party in interest of the premises in front of or adjacent to which such sidewalk or driveway is located notice and an opportunity to repair as prescribed by ordinance. Any such ordinance adopted shall provide for appropriate hardship protections for the abutting property owner.

The cost of any sidewalk repairs performed by the Department of Public Works, with interest, shall be collected from the owner, occupant, or party in interest of the premises in front of or adjacent to which such sidewalk or driveway is located through a special assessment or shall, not less than one (1) year following the date on which sidewalk repairs performed by the Department of Public Works were completed, at the election of the public works department, be a lien of the city upon the premises in front of or adjacent to which such sidewalk or driveway is located. The procedures for the recovery of the cost of sidewalk repairs performed by the Department of Public Works shall be prescribed by ordinance. The decision by the Department of Public Works to repair a defective sidewalk shall not release the owner from responsibility or liability for that condition.

Sec. 7-403. Recycling

The Department of Public Works shall prepare, implement and update as necessary a comprehensive city-wide Recycling Plan and investigate ways to utilize solid waste to generate revenue before resorting to incineration

Any recycling efforts or programs of the Department existing at the time of the adoption of this Charter may be incorporated into the Plan.

The Department of Public Works shall prepare, implement and update as necessary a comprehensive city-wide Recycling Plan (“Plan”) for the City of Detroit that provides for the capture of the City’s waste stream prior to disposal. The Plan shall be submitted to City Council for approval before implementation. City Council shall enact any ordinances necessary to achieve the objectives of the Plan and this section.

The Plan shall provide for and encourage materials recovery, composting and other methods of recycling. In determining any recycling methods for inclusion in the Plan, the Department shall consider all relevant factors, including cost. The recycling methods contained in the Plan shall be regularly assessed and evaluated for the purpose of continued inclusion in the Plan, and the Plan shall be periodically updated to reflect the growth and change in recycling methods. All Plan revisions must be approved by City Council prior to implementation. The Department shall annually provide a comprehensive written update to City Council on the Plan’s activities, programs, accomplishments and challenges, the Department’s effectiveness in meeting the objectives of the Plan and any ordinances or resources required to effectuate the Plan.

Any recycling efforts or programs of the Department existing at the time of the adoption of this Charter may be incorporated into the Plan.