SIDEWALK CONSTRUCTION AND MAINTENANCE

Memphis Code of Ordinances tit. 12, ch. 12-28

in effect

Memphis Code of Ordinances § 12-28-1 Work permit.

Sec. 12-28-1. - Work permit. A. It shall be a misdemeanor for any person to lay, construct, build or repair a sidewalk, hire others to work upon, or knowingly permit work to be done on any part of a sidewalk or street from the curb to the property line, without first obtaining a permit from the city engineer to do such work. The fee for such permit shall be $0.24 per square foot of sidewalk and driveway abutting property used for residential purposes, and $0.48 per square foot of sidewalk and driveway abutting property used for commercial or industrial purposes, provided a minimum fee shall be $20.00 for each permit. On any sidewalk which the city has to lay and charge to the property owner, the cost of the proper work permit shall be added to the bill of costs and recovered in the same manner as are costs for such laying. All sidewalk work shall be done under the conditions and pursuant to the directions contained in the permit. The work permit shall be conspicuously posted at the work site and maintained until such work is completed and inspected by the city engineer or his or her representative. B. The permit shall state the place where the work is to be done, the nature of the work, and the material with which such work is to be constructed. C. The work embraced in this section shall not be held to include the removal of grass, weeds, trash, debris or other obstructions which can be done without damage to the surface of such sidewalk, or which can be done without endangering the safety of persons lawfully using such sidewalk. (Code 1967, § 36-125; Code 1985, § 34-138; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3024, § 1, 6-9-1980; Ord. No. 3747, § 1, 5-3-1988; Ord. No. 5110, § 1, 2005)

Memphis Code of Ordinances § 12-28-2 Sidewalk construction in developing areas.

Sec. 12-28-2. - Sidewalk construction in developing areas. A. Sidewalks shall be constructed along public street frontages in accordance with Chapter 4.3 of the Memphis and Shelby County Unified Development Code. B. It shall be the duty and responsibility of the contractor/builder to whom the building permit for the lot is issued to obtain a permit from the city engineer and to install the required sidewalk across the street frontage(s) of the lot. The building official shall advise the city engineer in a timely manner of the issuance of all such building permits. The sidewalk shall be installed by the contractor/builder, and inspected by the city engineer, prior to the final inspection of the structure by the building official and prior to any use or occupancy of the structure on the lot. C. It shall be a misdemeanor for the contractor/builder to permit any use to commence on any lot, or occupancy to commence in any structure on any lot within a new development, prior to the installation, inspection and acceptance of the sidewalks required by this chapter and chapter 12-24. D. The lot owner shall assume the responsibility of installation, maintenance and repair of the required sidewalks along the lot frontage(s) upon occupying the structure on the lot. E. The city engineer reserves the right to include the installation of required sidewalks within a standard development contract for nonresidential developments, street dedication contracts, and streets abutted by reverse frontage lots and/or unbuildable common open space lots. (Code 1967, § 36-97; Code 1985, § 34-151; Ord. No. 894, § 1, 4-6-1971; Ord. No. 969, § 1, 6-1-1971; Ord. No. 1635, § 1, 3-13-1973; Ord. No. 3590, § 1(7), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993; Ord. No. 5459, § 13, 7-17-2012)

Memphis Code of Ordinances § 12-28-3 Sidewalks required on existing improved streets—When construction to begin.

Sec. 12-28-3. - Sidewalks required on existing improved streets—When construction to begin. A. On existing streets improved prior to the effective date of this section, sidewalks shall be required, provided that at least 25 percent of the sidewalks already exist. These sidewalks shall be constructed immediately upon receipt of notice from the city engineer. For topographic reasons, the city engineer may waive this requirement on all or any portion of any street, parkway, boulevard, avenue or other public street of the city for which an established grade has been lawfully fixed. Exceptions to this section may be granted pursuant to section 4.3.4 of the Memphis and Shelby County Unified Development Code. B. A "street" is defined as that portion composing one city block, both sides of the street, unless, in the opinion of the city engineer, a natural neighborhood dividing line would cause such street to be either shorter or longer than one block. (Code 1967, § 36-97.1; Code 1985, § 34-152; Ord. No. 3047, § 1(b), 8-12-1980; Ord. No. 3590, § 1(8), 9-2-1986; Ord. No. 5459, § 14, 7-17-2012)

Memphis Code of Ordinances § 12-28-4 Sidewalk inspector.

Sec. 12-28-4. - Sidewalk inspector. The city engineer shall employ an inspector to be known as the sidewalk inspector. It shall be his or her duty to enforce the provisions of this chapter and chapter 12-24, under the direction of the city engineer. (Code 1967, § 36-98; Code 1985, § 34-155; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(11), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-5 Notice to property owner to build, repair or clean.

Sec. 12-28-5. - Notice to property owner to build, repair or clean. A. Whenever it is made to appear to the city engineer, or his or her lawfully authorized representative, that there has been a failure on the part of the owner of property to build, repair, or keep clean and open for public passage any sidewalk or walkway abutting on or adjacent to such property, the city engineer, or his or her duly authorized deputy, shall give notice to such owner, or his or her duly authorized agent, of the failure of such owner to build, repair, or keep clean and open for public passage such sidewalk or walkway. B. Such notice may be given either by personal service on the owner or his or her duly authorized agent, or by certified letter addressed to the last known place of residence of such owner, or his or her duly authorized agent, and proof of the mailing of such registered letter by the city engineer, or his or her duly authorized deputy, shall be a complete compliance with this provision. C. In the cases of nonresident or unknown owners, a publication of the notice by one insertion in a daily newspaper published in the city shall be a complete compliance with the provisions of this section as to notice. D. The notice in each case shall specify what is required of the owner with respect to the sidewalk. The notice shall advise the owner that unless the requirement is carried out within 30 days of the date of service, mailing or publication of the notice, the necessary work will be done by the city at the expense of the owner. (Code 1967, § 36-99; Code 1985, § 34-156; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(12), 9-2-1986)

Memphis Code of Ordinances § 12-28-6 Failure of property owner to comply with notice.

Sec. 12-28-6. - Failure of property owner to comply with notice. A. Failure to comply with the provisions of this chapter and chapter 12-24 shall be a misdemeanor subject to punishment as provided in section 1-24-1. B. Further, upon the failure, refusal or neglect of any person notified to comply with the terms and orders of a notice given pursuant to section 12-28-5, the city engineer is authorized to build, repair, and keep clean and open for public passage any sidewalk or walkway abutting on or adjacent to the property of the person owning or controlling it. The cost of such work shall be a lien on such property, and may be enforced by suit in any court of competent jurisdiction. C. As an additional and cumulative remedy, the city engineer may certify to the city treasurer the cost of such work. It shall be the duty of the city treasurer to place the amount so certified on the bill for city taxes assessed against the property abutting on or adjacent to the sidewalk or walkway laid. It shall be the duty of the city treasurer to collect, as a special tax, the amount so certified, which is declared to be a special improvement tax on the property abutting on, or adjacent to, such sidewalks or walkways. This special tax may be collected in the same manner as other general taxes are collected by the city. (Code 1967, § 36-100; Code 1985, § 34-157; Ord. No. 894, § 1, 4-6-1971; Ord. No. 969, § 1, 6-1-1971; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-7 City engineer to furnish grades and lines.

Sec. 12-28-7. - City engineer to furnish grades and lines. The city engineer shall furnish, to every person ordered or required to construct, pave or repair sidewalks, the proper grades and lines for such sidewalks, and such work shall be done in accord with the lines and grades so furnished. (Code 1967, § 36-101; Code 1985, § 34-158; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(13), 9-2-1986)

Memphis Code of Ordinances § 12-28-8 Driveway openings.

Sec. 12-28-8. - Driveway openings. A. All driveway openings constructed for use by vehicular traffic to single-family and duplex residential land shall be six inches thick and composed of Portland cement concrete, proportioned, mixed and laid as specified in this chapter and chapter 12-24 and in accordance with the construction standards of the city. B. All driveway openings constructed for use by vehicular traffic to multifamily residential, commercial and/or industrial land use shall be eight inches thick and composed of Portland cement concrete, proportioned, mixed and laid as specified in this chapter and chapter 12-24 and in accordance with the construction standards of the city. C. All openings in the curb for driveways shall be approved by the city engineer prior to actual construction. D. Driveway openings providing access to streets where curbs and gutters are not in place shall be constructed of asphalt pavement in accordance with the design and material standards established by the city engineer, and shall include a drainage pipe of adequate size as required to accommodate roadside drainage. Any person desiring to construct such a driveway opening shall obtain a permit from the city engineer prior to actual construction. E. The design, number and location of all driveway openings providing access to a lot and/or land use are subject to the approval of the city engineer. F. If the land use and/or the on-site improvements on a lot are modified, altered or changed, the design, number and location of all driveway openings providing access to the lot shall be submitted to the city engineer for review and approval. (Code 1967, § 36-102; Code 1985, § 34-159; Ord. No. 1635, § 2, 3-13-1973; Ord. No. 3590, § 1(13A), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-9 City engineer to accept and inspect work.

Sec. 12-28-9. - City engineer to accept and inspect work. The laying of all sidewalks and driveway openings and the material and component parts thereof shall be under the inspection and subject to the acceptance of the city engineer or his or her authorized deputy. (Code 1967, § 36-103; Code 1985, § 34-160; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(14), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-10 Width, location of walks.

Sec. 12-28-10. - Width, location of walks. A. All walks shall not be less than five feet wide, unless otherwise especially provided in the permit or by this section. B. The normal location of walks shall be such that the edge of the walk farthest from the curb shall be on the property line. At the discretion of the city engineer, the normal location of walks may be varied within the city's right-of-way. In the event a walk is located adjacent to the back edge of the curb, the width of such walk shall not be less than six feet as measured from the back edge of the curb, subject to the exception hereinafter noted, so as to avoid interference by poles, fire plugs, meters or any such obstruction capable of preventing free passage along such walk. Should the city not have sufficient right-of-way for a walk to be not less than six feet wide, where such walk is adjacent to the curb, then in such event, the walk shall be full width, from the back edge of the curb to the property line. C. Sidewalks installed on residential minor streets, culs-de-sac, and loop streets shall not be less than four feet wide and normally placed adjacent to the property line. Those sidewalks placed adjacent to the curb shall not be less than six feet wide. D. Sidewalks may be installed behind the property line (on private property) if an appropriate pedestrian/sidewalk/utility easement has been granted as part of an approved final plat of a subdivision. In such cases, sidewalks shall not be less than four feet in width and normally located with the edge of the walk farthest from the curb against the easement line located farthest from the curb. Sidewalks located adjacent to the curb shall have a width of not less than six feet. (Code 1967, § 36-127; Code 1985, § 34-171; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(15), 9-2-1986)

Memphis Code of Ordinances § 12-28-11 Thickness and material to be used in concrete sidewalks.

Sec. 12-28-11. - Thickness and material to be used in concrete sidewalks. Walks shall be a minimum of four inches thick and composed of monolithic Portland cement concrete, proportioned, mixed and cured in accordance with the specifications of the city engineer. (Code 1967, § 36-128; Code 1985, § 34-172; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(16), 9-2-1986)

Memphis Code of Ordinances § 12-28-12 Tennessee One Call to be notified of laying sidewalks.

Sec. 12-28-12. - Tennessee One Call to be notified of laying sidewalks. It shall be the duty of every person about to lay a sidewalk or driveway opening, or permitting such work to be done in his or her behalf, to give Tennessee One Call underground utility location service not less than three working days' notice in advance of the beginning of work. (Code 1967, § 36-129; Code 1985, § 34-173; Ord. No. 894, § 1, 4-6-1971; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-13 Cement—Materials, preparation, placement, treatment and curing.

Sec. 12-28-13. - Cement—Materials, preparation, placement, treatment and curing. All materials, preparation, placement, treatment and curing of Portland cement concrete used in sidewalk and driveway opening construction shall be in accordance with the specifications of the city engineer and the standard construction specifications of the city. (Code 1967, § 36-136; Code 1985, § 34-180; Ord. No. 894, § 1, 4-6-1971; Ord. No. 3590, § 1(20), 9-2-1986; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-14 Cuts and repairs.

Sec. 12-28-14. - Cuts and repairs. Not less than a five-foot by five-foot block shall be constructed in replacing or repairing sidewalk, except in replacing squares around objects in the sidewalk which have previously been separated with expansion joints. (Code 1967, § 36-140; Code 1985, § 34-184; Ord. No. 894, § 1, 4-6-1971)

Memphis Code of Ordinances § 12-28-15 Sidewalks surrounding buildings.

Sec. 12-28-15. - Sidewalks surrounding buildings. When a building permit is issued for the construction of new buildings or the remodeling of old buildings, the sidewalk, curb and driveway, if any, shall be left in first class condition upon completion of the building construction; and if damaged during the course of the demolition or construction of a building, it shall be restored to first class condition. (Code 1967, § 36-142; Code 1985, § 34-186; Ord. No. 894, § 1, 4-6-1971; Ord. No. 4196, § 1, 8-24-1993)

Memphis Code of Ordinances § 12-28-16 Contractor's responsibilities.

Sec. 12-28-16. - Contractor's responsibilities. The contractor will be held responsible for all injury and damage to curbs, walks, pipelines, utility stretches and all other public and private property that may occur due to his or her operation while carrying out his or her work, and all repair or replacement costs, if and where necessary, shall be borne by him or her. The contractor, at his or her own expense, shall erect and maintain all necessary walkways, barricades, and warning signs to ensure safety of the public in the work area. (Code 1967, § 36-144; Code 1985, § 34-188; Ord. No. 894, § 1, 4-6-1971)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12-28SICOMAFetched: 10/28/2026