[Adopted 7-9-2019 by Ord.
No. 364[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Construction and Maintenance of Sidewalks, adopted 2-8-1972 by
Ord. No. 132, as amended.
A.
The Council of New Haven may, by resolution, determine the necessity for construction, reconstruction or repair of any sidewalk in the public right-of-way in the Village of New Haven and shall declare the intention of the Council to have such improvements made and may require the owner or occupants abutting the property to construct, reconstruct or repair any sidewalk at the owner's expense. The Village Council may, pursuant to Michigan Compiled Laws § 67.8, by a vote of 2/3 of the Council, elect to defray any portion of the cost of the improvement from general fund monies. The resolution shall contain a general description of the improvement to be made and the names of the owners and occupants of property which will be affected. Any special assessment district so created shall conform to the requirements contained in Chapter 7 of these ordinances.
B.
A citation may be issued from a Code Enforcement Official if it appears that a condition of a sidewalk is unsafe or dangerous and requires immediate repair to assure public safety and to prevent the possibility of Village liability for personal injury or property damage. Upon receipt of a citation, the failure of the owner to repair the sidewalk within the time specified in the citation, the Village Council may determine to repair the sidewalk by resolution and order the Director of Public Works to proceed with the required work. If repairs are undertaken pursuant to this subsection, the Village may charge the owner of the abutting property for the repairs as provided in § 450-20.
A.
The Village Clerk shall notify the owners of property abutting the sidewalk which is proposed to be constructed, reconstructed or repaired of the intention of the Village to require such improvement and assess the cost thereof against the abutting property owner. Said notice shall also state that the owner shall cause the work to be done in conformity with lines, grades and specifications required by the provisions of § 450-15, and at his own expense, and the work shall be done within 30 days after the date of receipt of such notice; provided, however, that an extension not to exceed 90 days may be granted by the Village Council for good cause shown in writing.
B.
Notice may be given by personal service upon the property owner or
occupant affected or by registered mail, return receipt requested.
If the address of the owner is not on file in the Village office,
notice may be provided by leaving the notice with a person of suitable
age at the premises or by publishing the notice in a newspaper in
general circulation in the Village twice, once each week for two consecutive
weeks, and by posting said notice on the property affected.
All sidewalks shall be constructed in conformity with specifications
on file with the Village Clerk. Said specifications shall be available
for public inspection. Such specifications may include line and grade
stakes requirements, the width and slope of sidewalks, approach width,
sidewalk and approach thickness, size of slabs, necessity of and type
of expansion joints, subgrade requirements, concrete specifications,
finish, curing and protection requirements.
A.
No sidewalk shall be constructed in the Village without a permit
being obtained from the Village Clerk, unless such requirement is
waived by a majority vote of the Village Council.
B.
The Clerk shall be authorized to issue such permits at no charge
to the abutting property owner for areas not to exceed 50 square feet.
Applications for areas of larger size shall be first reviewed and
approved by the Village Council or its designated representative.
Permit fees shall be determined by the Village Council and made available
through the Village Clerk.
Any person, firm or corporation wishing to construct, reconstruct
or repair sidewalk areas in the public right-of-way exceeding 50 square
feet in area shall, prior to receiving a permit to proceed, place
on deposit with the Village Clerk a minimum cash bond equal to the
full contract price of the construction, reconstruction or repair
of the sidewalk.
No sidewalk in the public right-of-way shall be constructed,
reconstructed or repaired by any person, firm or corporation not having
a valid current contractor's license as issued by the Michigan
Department of Licensing and Regulatory Affairs unless the Village
Council or its appointed representative shall be provided satisfactory
proof of qualifications to perform the work.
The owner or occupant of every lot or premises adjoining any
street or the owner of such lot or premises if same are not occupied
shall clear and keep cleared all sidewalks adjoining such lot or premises
from obstructions, encroachments, incumbrances, snow, ice, or filth.
In the event any owner or occupant of any lot or premises shall fail to maintain, construct, reconstruct or repair any sidewalk as required by this article, the Village may cause the same to be done and assess the cost thereof, and may impose a penalty of 10% in addition thereto, against such owner or occupant as provided by Chapter 7, Section 10, Act 3, of 1895, as amended, which has been codified as Michigan Compiled Laws § 67.10.
In addition to any other penalty provided herein, any owner found violating any provision of this article shall be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
All ordinances or resolutions in conflict with any part of this
article are hereby repealed to the extent of the conflict.
If any portion of this article or its application to any person
or circumstance is held invalid, inoperable, or unconstitutional for
any reason by a court of competent jurisdiction, the remaining parts
of this article shall remain unaffected.
This article shall become effective 45 days after the date of
adoption. If a petition, signed by not less than 10% of the registered
electors of the Village is filed with the Village Clerk within the
forty-five-day period, this article shall not become effective until
after the article is approved at an election held on the question
as provided by Public Act 3 of 1895, Chapter V, Section 8(4); MCLA
§ 65.8(4).[1] All assigned duties of the Village Manager shall only
become effective 45 days after the adoption of this article.
[1]
Editor's Note: No petition was filed.
