[Adopted 5-12-1998 by Ord. No. 82 (Ch. 26, Art. II, of the
2007 Code of Ordinances)]
A.
In the consideration and enactment of this article, the Township
Board finds that there are public sidewalks in the Township, and that
substantially all persons, directly or indirectly, benefit from the
service provided as follows:
(1)
Sidewalks improve pedestrian safety; promote interaction among residents
of a neighborhood; connect homes with other sites of destination;
encourage walking that promotes public health; and, in general, represent
an amenity that may affect property values.
(2)
It is reasonably foreseeable that sidewalks shall require maintenance
and repair over time, and that, for a myriad of reasons, the need
for such maintenance and repair with respect to given areas of sidewalks
shall arise at varying times and, generally, in relatively small segments.
(3)
Sidewalks provide special benefits to certain properties which, by
virtue of use, location and other characteristics, such sidewalks
are of particular value, or relate in a special way to the particular
properties. Similarly, sidewalks that are in a condition of disrepair,
as defined below, impose a special burden on the properties to which
they particularly relate.
B.
It is the purpose of this article to establish regulations designed
to achieve the proper maintenance and repair of public sidewalks in
the Township, recognizing the special benefit and burden of sidewalks
that relate to particular properties.
C.
It is the intent of this article to establish duties and responsibilities
on the part of property owners for the maintenance and repair of sidewalks
that specially relate to their properties as such maintenance and
repair becomes necessary, and to provide an equitable procedure for
the finance of such maintenance and repair.
D.
It is the further intent of this article to address the matter of
liability for damage and injuries caused by sidewalks that are in
a condition of disrepair.
A.
CONDITION OF DISREPAIR
(1)
(2)
(3)
(4)
(5)
(6)
(7)
DEFINED DISTRICT
SIDEWALK
STREET LOTS
SUBDIVISION
Generally. The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
A sidewalk having any one or more of the following characteristics;
provided, however, that the existence of any one or more of these
characteristics shall not create a presumption or other indication
that such characteristic or characteristics were the cause of any
injury or damage which may occur:
A hole: place where the surface is missing;
A gap: opening on the surface of the sidewalk itself or between
the sidewalk and the adjacent surface;
A rise or drop: abrupt change in grade where one surface vertically
separates from an adjacent surface;
A tilt: incline where the sidewalk surface has rotated and is
no longer oriented in gradient or cross slope;
A swell or depression: place where the surface undulates due
to uplift or subsidence of underlying materials;
An object or debris: obstruction that covers some or all of
the surface; or
A suspension: object or material hanging over the surface of
the sidewalk below a height of eight feet.
The particular properties within an area which are determined
by the Township Board to be specially benefited by specified sidewalks
within such area. Such determination by the Township Board shall be
made based upon rationally related usage of the sidewalks within the
area, and/or on the basis of other identified and particular benefits
derived from such sidewalks. A defined district may or may not include
a subdivision and/or one or more street lots.
A surface located in a public right-of-way or public easement
under the jurisdiction of the Township constructed primarily as a
dedicated path for pedestrians.
One or more lots which front on a given street, where a sidewalk
has been constructed adjacent to such lot or lots in a public right-of-way
or easement.
A.
Generally. In general, the Township Board, pursuant to MCLA § 41.288a,
may order the maintenance or repair of sidewalks in a designated area
within the Township because of health, safety, or welfare of the residents
of the Township.
B.
Sidewalks within subdivision and adjacent to street lots. The following
regulations shall apply to sidewalks situated in a public right-of-way
or Township easement within subdivisions and/or adjacent to street
lots in the Township.
(1)
If the Township Board tentatively determines that maintenance or
repair of sidewalks within a subdivision and/or adjacent to one or
more street lots may be necessary due to being in a condition of disrepair,
or due to one or more other identified reasons:
(a)
The Township shall obtain the approval of the state department
of transportation or of the county road commission with regard to
undertaking the maintenance and/or repair of sidewalks in a right-of-way
within their respective jurisdiction.
(b)
A plan and cost estimate for maintenance and repair shall be
prepared, along with an assessment roll based upon such cost estimate,
allocating the cost of the project, including the cost of inspection,
engineering, legal, finance and administration, to the properties
involved (e.g., the properties within the subdivision), and a notice
of a public hearing shall be sent to owners of such lots, units and
parcels. The notice shall include a basic description of the project,
the cost estimate, and the tentative assessment amount, and shall
be sent by first-class mail to the last known address of the owner
of the properties based upon the current tax assessment records in
the Township.
(2)
Following the public hearing, if the Township Board determines that
the maintenance and/or repair of certain sidewalks is necessary due
to being in a condition of disrepair, or due to one or more other
identified reason, the Board may adopt a resolution confirming the
assessment roll and determining to contract for such maintenance and/or
repair, and assess the costs to the properties involved in proportion
to the respective benefits received, payable in five annual installments,
provided, however, prior to entering into such contract, the Township
Board may, if requested in writing by persons representing a number
of properties within the area to be assessed deemed sufficient by
the Township Board, provide an opportunity within a reasonable time
set by the Township for the respective property owners involved to
have the sidewalks maintained and/or repaired at their own expense
according to specifications directed by the Township.
(3)
A notice of assessment shall be sent to each property involved following entry into a contract for the maintenance and/or repair. If the amount of the contract is more or less than the cost estimate, the amount of the assessment upon each property shall be adjusted accordingly; provided, however, if the cost difference is more than 20% higher than the estimate, the contract shall not be entered into, and the assessment shall not be finalized unless and until a new public hearing is noticed and held by the Township Board in the manner provided in this Subsection B(3).
C.
Sidewalks within defined districts. The following regulations shall
apply to sidewalks situated in a public right-of-way or Township easement
that are within a defined district:
(1)
If the Township Board tentatively determines that maintenance or
repair of sidewalks within a defined district may be necessary due
to being in a condition of disrepair, or due to one or more other
identified reasons:
(a)
The Township shall obtain the approval of the state department
of transportation or of the county road commission with regard to
undertaking the maintenance and/or repair of sidewalks in a right-of-way
within their respective jurisdiction.
(b)
A plan and cost estimate for maintenance and repair shall be
prepared, along with an assessment roll based upon such cost estimate,
allocating the cost of the project, including the cost of inspection,
engineering, legal, finance and administration, to the properties
within the defined district, and a notice of a public hearing shall
be sent to owners of the properties in the defined district. The notice
shall include a basic description of the project, the cost estimate,
and the tentative assessment amount, and shall be sent by first-class
mail to the last known address of the owner of the properties based
upon the current tax assessment records in the Township.
(2)
Following the public hearing, if the Township Board determines that
the maintenance and/or repair of certain sidewalks is necessary due
to being in a condition of disrepair, or due to one or more other
identified reasons, the Board may adopt a resolution confirming the
assessment roll and determining to contract for such maintenance and/or
repair, and assess the costs to the properties within the defined
district in proportion to the respective benefits received, payable
in five annual installments; provided, however, prior to entering
into such contract, the Township Board may, if requested in writing
by persons representing a number of properties within the defined
district deemed sufficient by the Township Board, provide an opportunity
within a reasonable time set by the Township for the respective property
owners involved to have the sidewalks maintained and/or repaired at
their own expense according to specifications directed by the Township.
(3)
A notice of assessment shall be sent to each property in the defined district following entry into a contract for the maintenance and/or repair. If the amount of the contract is more or less than the cost estimate, the amount of the assessment upon each property shall be adjusted accordingly; provided, however, if the cost difference is more than 20% higher than the estimate, the contract shall not be entered into, and the assessment shall not be finalized unless and until a new public hearing is noticed and held by the Township Board in the manner provided in this Subsection C(3).
D.
Assessments as lien. Assessments established under this article shall
constitute a lien upon the property assessed and shall be collected,
and delinquent assessment payments shall accrue interest and penalties,
as provided for in Public Act No. 188 of 1954 (MCLA § 41.721
et seq.).
A.
If an area of sidewalk is in a condition of disrepair resulting from
the actions or inactions of one or more private property owners, such
owner shall have the duty to maintain and repair such area of sidewalk.
For purposes of this section, actions and inactions giving rise to
such duty include, but shall not be limited to: surface drainage;
growth of trees and/or other vegetation; on-site construction; vehicular
traffic; and other site activities and inactions resulting in a condition
of disrepair.
B.
If damage or injury is caused as a result of a breach of the duty stated in § 370-3, and if the Township had previously provided notice of the condition of disrepair and allowed an opportunity for hearing before the Township Board, or the Board's designee, the breaching owner shall be liable for all resulting injuries and damages, and all resulting costs and expenses for carrying out the maintenance and repair representing the breach of duty, and such owner shall indemnify the Township for any damages, costs and expenses incurred by the Township as a result of such breach of duty, including reasonable attorney fees expended by the Township.
As a condition to any recovery for injuries sustained by reason
of any defective sidewalk, the injured person shall serve notice upon
the Township within the time and in the manner prescribed by law (MCLA
§ 691.1404).
A.
No person shall obstruct, or cause or permit the obstruction of any
sidewalk in the Township by the placement on such sidewalk of any
object or material of any kind or nature, or by suspending any sign,
object or material within eight feet above a sidewalk.
B.
Subsection A of this section shall not apply in circumstances in which a person is temporarily loading or unloading a vehicle adjacent to the property, if such person has, if reasonably required, secured a device reasonably calculated to warn users of the sidewalk of the obstruction so as to avoid injury and/or damage.
This article shall be interpreted as creating standards and
requirements in addition to, and not in lieu of, any other standards
and requirements contained in other ordinances or law.
