Village of Bellevue, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Bellevue as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal civil infractions — See Ch. 1, Art. III.
Special assessment — See Ch. 125.
[Adopted 12-3-2001 by Ord. No. 100]
All sidewalks, curb and gutter, and driveway approaches hereafter constructed, repaired or reconstructed in the Village shall conform to the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
CURB AND GUTTER
That portion of raised concrete along the edge of the street creating a narrow channel to carry water to a drainage system.
DRIVEWAY APPROACH
That portion of a driveway, which lies wholly within a public right-of-way between the curb line and sidewalk, or area a sidewalk would be if constructed, over which vehicles may be driven in entering or leaving a private drive.
ENGINEER
An engineer working for or hired on behalf of the Village.
SIDEWALK
Includes any sidewalk or crosswalk adjoining any public street or alley and abutting or adjoining any private property.
SPECIFICATIONS
Includes the specifications for constructing, repairing or reconstructing sidewalks, curb and gutter, or driveway approaches set forth by resolution by the Village Council.
A. 
Duty to maintain sidewalk in good repair. All sidewalks within the Village limits must be maintained in a safe, usable condition for the health, safety and welfare of all residents. Maintaining sidewalk is the responsibility of the abutting property owners and the Village as provided in this § 129-3. Replacement criteria that the Village uses in determining the need to construct, repair, or reconstruct shall be set by Council resolution from time to time.
B. 
Duty to keep sidewalk clear of rubbish, snow and ice.
(1) 
The owner or occupant of any lands and premises abutting a public sidewalk shall keep the sidewalk free of all sand, rubbish, dirt and litter and shall remove promptly, within 24 hours (12:01 a.m. to 12:00 a.m.), all snow, which shall fall thereon, and all ice, which shall form thereon, except as provided by Subsection B(2) below.
(2) 
In the event of snow and ice on a sidewalk becoming so hard that it cannot be removed without likelihood of damage to the sidewalk, the owner or occupant of the land shall cause salt, sawdust, sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe; and shall then, as soon thereafter as weather permits, remove promptly all snow and all ice from the sidewalk.
C. 
Obstructions. No person shall obstruct or encroach upon any public sidewalk in any manner whatsoever.
D. 
Permit required. No person shall construct, repair, reconstruct or remove any public sidewalk without a permit issued by the Village and payment of the required permit fee. An application for such permit is to be filed in and on forms available at Bellevue Village Hall. Such forms are to include information as determined by the Village. The permit fee shall be established from time to time by resolution of the Village Council. No permit shall be required for sidewalk constructed, repaired or reconstructed by the Village or caused to be done by the Village.
E. 
Revocation of permit. The Village may revoke any permit issued under the terms of this article or the rules, regulations, plans and specifications furnished by the Village for the construction, repair, or reconstruction of any sidewalk.
F. 
Specifications of work. No person shall construct, repair or reconstruct any public sidewalk except in accordance with the grade, slope, line and the specifications established by the Village.
G. 
Petition by owners; costs and expenses.
(1) 
The owner or owners of record of any premises in the Village who desire to have a sidewalk in front of or adjacent to their premises constructed, repaired or reconstructed by the Village at such owner's expense, except as provided in this section, may petition the Village to have the sidewalk constructed, repaired or reconstructed. If the Village Council shall, by motion or resolution, approve the petition, the Village shall construct, repair or reconstruct the sidewalk or cause it to be done. The owner or owners shall pay their portion of the estimated costs and expenses of the construction, repair or reconstruction, as provided in this section, in full before the project is begun.
(2) 
Immediately after the construction, repair or reconstruction of the sidewalk, the Village shall issue a certificate setting forth the amount of the costs and expenses of the construction, repair or reconstruction, the names of the owners with a description of each owner's premises and the amount of sidewalk constructed, repaired or reconstructed, in front of or adjacent to the premises and each owner's share of the costs of the construction, repair or reconstruction, and file it with the Village Manager. Thereupon, the Village Manager shall mail a statement to each of the property owners named in the certificate, setting forth any additional amount to be paid by or any excess amount to be refunded to each property owner for the sidewalk construction, repair or reconstruction.
(3) 
The cost of construction of the sidewalk shall be apportioned 50% to the owner and 50% to the Village if constructed, repaired or reconstructed by the Village or caused to be done by the Village if there exist budgeted funds and the Village agrees the project is necessary. The cost of construction of the sidewalk shall be apportioned 50% to the owner and 50% to the Village, up to the costs if done by the Village or caused to be done by the Village, if constructed, repaired or reconstructed by the owner or caused to be done by the owner if there exist budgeted funds and the Village agrees the project is necessary. All Village projects receive priority for budgeted funds.
H. 
Resolution of council; notice; costs; expenses.
(1) 
Whenever the Village Council shall, by resolution, declare the necessity for and direct the construction, repair or reconstruction of any sidewalk in front of or adjacent to any property, such resolution shall provide that notice shall be given to the abutting property owners who shall bear all the cost of same, except as provided in this section. The notice shall be substantially in the following form:
Public Sidewalk Notice
Public notice is hereby given to the following property owners:
that the Village Council of the Village of Bellevue, Michigan, did by resolution made and adopted at a meeting hereof held on _______, 2___ determine that the building, rebuilding or repairing of sidewalk at the following described premises is a public necessity:
You are hereby notified to conform to this notice and the applicable Village ordinance and Village specifications within 20 days or the improvement will be made by the Village. All costs of the improvement, except as provided by ordinance, together with 10% additional to cover administration, supervision and engineering will be assessed against the adjacent or abutting property. The special assessment process, as provided by ordinance, shall be completed prior to the construction or installation of the improvement.
Signed:
Village Manager
Date of notice:
, 2
(2) 
The notice in Subsection H(1) of this section shall be given either by certified letter of such notice, by personal service of such notice or by posting such notice in some conspicuous place on the premises if the owner or occupant cannot be found. If the owner shall neglect to construct, repair or reconstruct such sidewalk within the time specified in the notice required in Subsection H(1) of this section to be given, it shall be the duty of the Village to construct, repair or reconstruct the same, or cause it to be done.
(3) 
The costs and expenses of the construction, repair or reconstruction shall be and remain a lien against the premises of the owners until paid. Within 30 days after the construction, repair or reconstruction of the sidewalk, the Village shall make a certificate setting forth the amount of the costs and expenses of the construction, repair or reconstruction; the names of the owners with a description of each owner's premises; and each owner's respective share of the costs and expenses of the construction, repair or reconstruction. Thereupon, the Village Manager shall mail a statement to each of the property owners named in the certificate, setting forth the amount to be paid by each property owner for the sidewalk construction, repair or reconstruction. Notices shall all be sent at the same time. In the event of nonpayment by such owner within a period of 60 days from the date of the mailing of the statement, the amount may be recovered by the Village in a suit brought for such purpose in any court of competent jurisdiction, or may be assessed against the premises as a special assessment (pursuant to Chapter 125 of the Code of the Village of Bellevue). [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The cost of construction of the sidewalk shall be apportioned 50% to the owner and 50% to the Village if constructed, repaired or reconstructed by the Village or caused to be done by the Village if there exist budgeted funds. The cost of construction of the sidewalk shall be apportioned 50% to the owner and 50% to the Village, up to the costs if done by the Village or caused to be done by the Village, if constructed, repaired or reconstructed by the owner or caused to be done by the owner if there exist budgeted funds. All Village projects receive priority for budgeted funds.
A. 
Duty to maintain curb and gutter in good repair. All curbs and gutters within the Village limits must be maintained in a safe, usable condition for the health, safety and welfare of all residents. Maintaining curbs and gutters is the responsibility of the abutting property owners and the Village as provided in this § 129-4. Replacement criteria that the Village uses in determining need to construct, repair, or reconstruct shall be set by Council resolution from time to time.
B. 
Obstructions. No person shall obstruct or encroach upon any public curb and gutter in any manner whatsoever.
C. 
Permit required. No person shall construct, repair, reconstruct or remove any public curb and gutter without a permit issued by the Village and payment of the required permit fee. An application for such permit is to be filed in and on forms available at Bellevue Village Hall. Such forms are to include information as determined by the Village. The permit fee shall be established from time to time by resolution of the Village Council. No permit shall be required for curbs and gutters constructed, repaired or reconstructed by the Village or caused to be done by the Village.
D. 
Revocation of permit. The Village may revoke any permit issued under the terms of this article or the rules, regulations, plans and specifications furnished by the Village for the construction, repair, or reconstruction of any curb and gutter.
E. 
Specifications of work. No person shall construct, repair or reconstruct any public curb and gutter except in accordance with the grade, slope, line and the specifications established by the Village.
F. 
Petition by owners; costs and expenses.
(1) 
The owner or owners of record of any premises in the Village who desire to have the curb and gutter in front of or adjacent to their premises constructed, repaired or reconstructed by the Village at such owner's expense may petition the Village to have the curb and gutter constructed, repaired or reconstructed. The petition must have 100% of the owners' signatures in the affected area to be considered by the Village Council. If the Village Council shall, by motion or resolution, approve the petition, the Village shall construct, repair or reconstruct the curb and gutter or cause it to be done. The owner or owners shall pay the estimated costs and expenses of the construction, repair or reconstruction in full before the project is begun.
(2) 
Immediately after the construction, repair or reconstruction of the curb and gutter, the Village shall issue a certificate setting forth the amount of the costs and expenses of the construction, repair or reconstruction, the names of the owners with a description of each owner's premises and the amount of curb and gutter constructed, repaired or reconstructed in front of or adjacent to the premises and each owner's share of the costs of the construction, repair or reconstruction. Thereupon, the Village Manager shall mail a statement to each of the property owners named in the certificate, setting forth any additional amount to be paid by or any excess amount to be refunded to each property owner for the curb and gutter construction, repair or reconstruction.
A. 
Duty to maintain driveway approaches in good repair. All driveway approaches within the Village limits must be maintained in a safe, usable condition for the health, safety and welfare of all residents. Maintaining driveway approaches is the responsibility of the abutting property owners as provided in this § 129-5. Replacement criteria that the Village uses in determining need to construct, repair, or reconstruct shall be set by Council resolution from time to time.
B. 
Permit required. No person shall construct or reconstruct any driveway approach without a permit issued by the Village and payment of the required permit fee. An application for such permit is to be filed in and on forms available at Bellevue Village Hall. Such forms are to include information as determined by the Village. The permit fee shall be established from time to time by resolution of the Village Council. No permit shall be required for driveway approaches constructed or reconstructed by the Village or caused to be done by the Village.
C. 
Revocation of permit. The Village may revoke any permit issued under the terms of this section or the rules, regulations, plans and specifications furnished by the Village for the construction or reconstruction of any driveway approach.
D. 
Specifications of work. No person shall construct, repair or reconstruct any driveway approach except in accordance with the grade, slope, line and the specifications established by the Village.
E. 
Petition by owners; costs and expenses.
(1) 
The owner or owners of record of any premises in the Village who desire to have a driveway approach on their premises constructed, repaired or reconstructed by the Village at such owner's expense may petition the Village to have the driveway approach constructed, repaired or reconstructed. If the Village Council shall, by motion or resolution, approve the petition, the Village shall construct, repair or reconstruct the driveway approach or cause it to be done. The owner or owners shall pay the estimated costs and expenses of the construction, repair or reconstruction in full before the project is begun.
(2) 
Immediately after the construction, repair or reconstruction of the driveway approach, the Village shall issue a certificate setting forth the amount of the costs and expenses of the construction, repair or reconstruction and the name of the owner. Thereupon, the Village Manager shall mail a statement to the property owner named in the certificate, setting forth any additional amount to be paid by or any excess amount to be refunded to the property owner for the driveway approach construction, repair or reconstruction.
F. 
Public notice.
(1) 
Whenever the Village Council shall by resolution declare the necessity for and direct the construction, repair or reconstruction of any driveway approach, the resolution shall provide that notice shall be given to the affected property owner who shall bear all the costs of the same. The notice shall be substantially in the following form:
Public Notice
Public notice is hereby given to the following property owners:
that the Village Council of the Village of Bellevue, Michigan, did by resolution made and adopted at a meeting held on __________, 2___ determine that the construction of the driveway approach at the above-described properties is a public necessity.
You are hereby notified to conform to this notice and applicable Village ordinances and Village specifications within 30 days from the date hereof, or the Village will make the improvement and that all costs thereof will be assessed against the affected property. The special assessment process, as provided by ordinance, shall be completed prior to the construction or installation of the improvement.
Village Manager
Date
(2) 
The notice in Subsection F(1) of this section shall be given either by certified letter of such notice, by personal service of such notice or by posting such notice in some conspicuous place on the premises if the owner or occupant cannot be found. If the property owner shall neglect to construct, repair or reconstruct such driveway approach within the time specified in the notice, it shall be the duty of the Village to construct the same, or cause it to be done at the expense of affected property owner.
(3) 
The costs and expenses of the construction, repair or reconstruction shall be and remain a lien against the premises of the owners until paid. Within 30 days after the construction, repair or reconstruction of the driveway approach, the Village shall make a certificate setting forth the amount of the costs and expenses of the construction, repair or reconstruction; the name of the owner with a description of the owner's premises; and the owner's respective share of the costs and expenses of the construction, repair or reconstruction. Thereupon, the Village Manager shall mail a statement to the property owner named in the certificate, setting forth the amount to be paid by the property owner for the driveway approach construction, repair or reconstruction. In the event of nonpayment by such owner within a period of 60 days from the date of the mailing of the statement, the amount may be recovered by the Village in a suit brought for such purpose in any court of competent jurisdiction, or may be assessed against the premises as a special assessment (pursuant to Chapter 125 of the Code of the Village of Bellevue). [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any sidewalk, curb and gutter, or driveway approach that is harmed, destroyed, or made unusable shall be the responsibility of the person or persons that harmed, destroyed or made unusable the sidewalk, curb and gutter or driveway approach. This person shall pay 100% of the costs to repair or reconstruct the sidewalk, curb and gutter or driveway approach to its condition before it was harmed, destroyed or made unusable.
A violation of this article is a municipal civil infraction. The penalty for a violation that is a municipal civil infraction shall be a civil fine in an amount set by resolution of the Village Council from time to time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A prosecution which is pending on the effective date of this article and which arose from violation of an ordinance repealed by this article, or prosecution which is started within one year after the effective date of this article arising from a violation of an ordinance repealed by this article and which was committed prior to the effective date of this article shall be tried and determined exactly as if the ordinance had not been repealed.