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City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[Adopted 2-28-1984 by Ord. No. 895 as Art. IV of Ch. 290 of the 1984 Code; amended 1-25-1977 by Ord. No. 754; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any accumulation of snow, ice, dirt, wood, concrete, construction materials, weeds, shrubbery or any other object, which obstructs any sidewalk in the City of Roseville or which makes the same offensive or hazardous to the public health or safety, is declared to be a public nuisance.
B. 
It is the intent and purpose of this article that the City of Roseville may enforce this article either by the provisions hereof requiring any person or entity to abate the nuisance and, in default thereof, applying the penalties herein provided or by the city causing the nuisance to be abated and assessing the cost against the land and premises involved.
C. 
It shall be the duty of any person or entity owning, controlling or occupying any property within the city to remove from and keep free of the sidewalk immediately adjacent to their premises any accumulations of snow, ice, dirt, wood, concrete, construction materials, weeds or shrubbery, or any other object, which obstructs such sidewalk or which makes the same offensive or hazardous to the public health or safety.
[Amended 7-28-2009 by Ord. No. 1225]
In the case of snow and/or ice, the same shall be removed from sidewalks within the City of Roseville within 24 hours after the cessation of any snowfall, or in the case of commercial or business districts, by the beginning of business hours of the next business day following such weather event, whichever period is shorter.
In the case of dirt, wood, concrete, construction materials, weeds or shrubbery, or any other object, which obstructs such sidewalks or makes the same offensive or hazardous to the public health or safety, the person or entity responsible shall remove the same within 24 hours after notification by the Department of Buildings and Inspection that the accumulation of the foreign manner herein referred to in this section constitutes an obstruction upon the sidewalk or makes the same offensive to the public health or safety; provided, however, that this section shall in no way relieve the party responsible for keeping the sidewalk clear from its duty to do so.
[Amended 7-28-2009 by Ord. No. 1225]
A. 
In the event that the snow or ice is not removed by the responsible party within the time prescribed in § 290-18 hereof or the other objects enumerated in § 290-19 hereof are not removed within 24 hours after notice to remove, as prescribed in § 290-19 hereof, then the Department of Buildings and Inspection, through a proper department or contractor of the City, may cause such snow and/or ice to be removed and may cause such other objects that constitute a public nuisance to be removed and make the sidewalks clear and usable. The costs incurred by the City for such removal shall be a lien upon the premises and shall be assessed against the premises and, if not paid within 30 days of receipt, shall be added on the next regular tax statement and collected in the same manner as City taxes.
B. 
In the event that the Department of Buildings and Inspection, through a proper department or contractor of the City, clears the sidewalk of snow and/or ice or removes any other foreign objects from the sidewalks and makes the same free for passage, it shall then be the duty of the City Manager or his or her designee to cause the costs incurred to be charged against the premises and collected according to the provisions of this article. Any person aggrieved by the costs incurred may have a right of appeal first to the Building Director, and if determination at that level is unsatisfactory, he/she may appeal it further to the City Manager. The City Manager shall have the right to affirm, overturn or modify the decision of the Building Director in whole or in part. The decision of the City Manager shall be final.
[Amended 7-28-2009 by Ord. No. 1225]
On or before the 15th day of November of each year, the City Clerk shall cause to be published in a newspaper of general circulation within the City a notice to all persons or entities owning, controlling or occupying property within the City of Roseville that such persons or entities must remove from and keep free of the sidewalks immediately adjacent to their property within the city, any accumulated snow and/or ice within 24 hours after the cessation of any snowfall. Such notice shall further provide that, upon the failure to remove such ice or snow, the Department of Buildings and Inspection, through a proper department or contractor of the City, may cause such snow and/or ice to be removed and that any costs incurred in connection therewith shall be a lien upon the premises and, if not paid within 30 days of receipt, shall be added on the next regular tax statement. Any person aggrieved by the costs incurred may have the right of appeal to the City Manager.
In addition to any other penalty which may be prescribed by this article, any person violating the provisions of this article shall be punished as provided in Chapter 1, General Provisions, Article I.