City of Grand Ledge, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Grand Ledge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Special assessment procedure — See Ch. 44.
Parks and park facilities — See Ch. 145.
Sewers — See Ch. 167.
Subdivision of land — See Ch. 182.
Trees — See Ch. 198.
Zoning — See Ch. 220.
[Adopted 6-22-1981 by Ord. No. 295; amended in its entirety 5-10-1993 by Ord. No. 295.93-01; 1-12-1998 by Ord. No. 295.98-01]

§ 178-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
NON-MOTORIZED PATHWAY
A concrete or brick paver pathway designed for non-motorized transportation, parallel with a street or alley, between the edge of the street or alley and the outer limit of the right-of-way thereof. A non-motorized pathway will also function as a sidewalk in areas where a non-motorized pathway is designated in the City's Master Plan.
[Amended 6-24-2000 by Ord. No. 458]
SIDEWALK
A concrete or brick paver pathway designed for pedestrian use, generally, but not necessarily, parallel with a street or alley, between the edge of the street or alley and the outer limit of the right-of-way thereof, including the portion crossing any driveway.

§ 178-2 Required sidewalk and non-motorized pathways within the City of Grand Ledge.

[Amended 6-24-2000 by Ord. No. 458]
Sidewalks shall be required to be constructed, repaired and maintained, in accordance with the standards set forth in this article, along all dedicated streets within the City limits of the City of Grand Ledge, including all City, County and State owned streets and highways. Non-motorized pathways shall be required to be constructed, repaired and maintained, in conformance with the standards set forth in this article, along routes designated as such from time to time by the City Council.

§ 178-3 Standards for construction, repair, and maintenance of sidewalks and non-motorized pathways; fee.

A. 
All sidewalks within the City of Grand Ledge shall be a minimum of five feet wide, four inches thick (six inches at driveways), parallel to the edge of the abutting street, not less than one foot from the edge of the right-of-way thereof, and shall be constructed of concrete (brick or concrete pavers may be permitted within the Downtown Development Authority boundary, as approved by the City's Public Services Director).
B. 
Non-motorized pathways shall be a minimum of seven feet wide, four inches thick (six inches at driveways), parallel to the abutting street, not less than one foot from the edge of the right-of-way thereof, and shall be constructed of concrete (brick or concrete pavers may be permitted within the Downtown Development Authority Boundary, as approved by the City's Public Services Director).
C. 
All sidewalks and non-motorized pathways shall be constructed in strict accordance with the City's Standard Construction Specifications and the following:
(1) 
Longitudinal slopes shall be 1/2% minimum, 5% maximum.
(2) 
Cross slopes shall be 1/2% minimum, 2% maximum.
(3) 
The nominal grade shall be 3% above the existing curb (assuming the existing curb height is six inches). Where a curb does not exist, or where the existing curb is not six inches, the grade must be approved by the City's Public Services Director.
(4) 
Where practical, sidewalks and non-motorized pathways shall be sloped toward the abutting street. In all cases, however, adequate drainage must be provided.
D. 
All repair, maintenance and/or construction work done to sidewalks or non-motorized pathways within the public right-of-way of any street, highway and/or alley must be performed by one or more licensed contractors. Such contractors must, prior to commencing any work within the public right-of-way, provide the City's Public Services Director with evidence of sufficient liability insurance, with the City named as an additional insured, as well as a performance and guarantee bond for a minimum period of two years, all of which are satisfactory to the City. All contractors shall be required, prior to commencing any work within the public right-of-way, to obtain a permit from the City Public Service Department, and to pay a fee to cover the costs of review and inspection, as established by resolution of the City Council.

§ 178-4 Responsibility for construction, repair, or maintenance.

[Amended 6-24-2002 by Ord. No. 480; 6-24-2002 by Ord. No. 481]
A. 
The owner of every lot or parcel of land in the City, as well as any tenant thereof, shall be responsible to keep all sidewalks and/or nonmotorized pathways on, adjoining or adjacent to said lot or parcel free of all obstructions, defects or other conditions causing an unsafe condition or impediment to pedestrian travel and/or nonmotorized transportation. The requirements of this section shall include, but not necessarily be limited to, the following:
[Amended 3-23-2009 by Ord. No. 521]
(1) 
Removal of snow and ice. The owner or tenant of every lot or parcel of land in the City shall remove all snow and ice on and over said sidewalks and nonmotorized pathways within 24 hours after more than one inch of such material has been deposited, redeposited or reformed. Notice of failure to complete such removal shall be given by the designated City official by leaving a copy of the notice on the premises or by first-class mail addressed to the occupant (if any) of the property and the owner thereof by first class mail to the address listed on the City's last property tax roll.
(a) 
Notice. Notice as provided in this subsection shall state the nature of the obstruction (e.g., snow, ice, drifting snow, etc.) and hazard and shall require that the obstruction/hazard be removed within 24 hours of the notice. If the property owner or tenant fails to comply with the requirements of this section, they and each of them shall be guilty of a municipal civil infraction, punishable as provided in Chapter 1, General Provisions, Article II.
(b) 
City removal of snow and ice. In addition to the civil fines set forth in the preceding subsection, the property owner shall be liable for the cost incurred by the City in procuring the removal of said snow and ice. If at any time within six months after notice has been provided pursuant to Subsection A(1) above, a subsequent violation (i.e., failure to remove snow and ice within 24 hours after accumulation of one inch of such material) may result in removal of snow and ice by the City with the cost thereof to be placed as a lien on the property involved and collected as the City shall deem appropriate, including in the manner provided for collection of property taxes. Upon receipt of an invoice from the contractor hired by the City for the removal of said snow and ice, the City shall provide notice of the amount due to the property owner with a demand for payment within 30 days. Upon failure of the owner to remit in full for said invoiced amount, plus an administration fee of $50, the unpaid amount shall be placed on the tax rolls as a lien against the property involved and collected in the same manner provided for collection of real property taxes, plus interest as provided for delinquent property taxes.
(c) 
For purposes of this section, accumulation and drifting of snow and ice of more than one inch shall constitute a condition requiring removal hereunder.
(d) 
Upon proof of financial hardship, the City Administrator may authorize charges under this section to be paid in installments, to be reduced or to be cancelled, and such authorizations shall be subject to approval by the City Council.
(2) 
Maintain all landscaping and adjoining or abutting sidewalk or nonmotorized pathways in such a manner that said overhanging landscaping remains, at a minimum, no less than eight feet above the surface of any sidewalk or nonmotorized pathway. In addition, and as of the effective date of this article, no landscaping, trees, shrubbery or other berm, other than grass, sod or mulch, shall be placed less than one foot from the edge of any sidewalk or nonmotorized pathway. In no event should any such landscaping, trees, shrubbery or other berm be permitted to create a hazard to the public health, safety or welfare or otherwise obstruct or hinder the public right-of-way. Trees and shrubbery existing along the side of any sidewalk or nonmotorized pathway as of the effective date of this article shall be maintained in a reasonable manner so as to protect the public health, safety and welfare along the public right-of-way.
B. 
Any sidewalk or non-motorized pathway within the City shall be presumed to be defective if one or more of the following conditions exist:
(1) 
There is a vertical displacement of 3/4 of an inch or greater; or
(2) 
There is a crack greater than 1/2 inch wide; or
(3) 
If any section is spalled, chipped or gouged over 25% or more of its surface area; or
(4) 
If the sidewalk or non-motorized pathway slopes exceed those contained in the standards enumerated in § 178-3C(1) through (4) of this article; or
(5) 
If improper or insufficient drainage causes water to collect on the surface of the sidewalk or non-motorized pathway; or
(6) 
If any obstructions encroach within one foot of either side or within eight feet above the surface of the sidewalk or non-motorized pathway; or
(7) 
If there are more than two cracks in any five-foot section of any sidewalk or non-motorized pathway.
C. 
Costs for the construction, repair and/or maintenance of any sidewalk or nonmotorized pathway within the City of Grand Ledge shall be allocated as follows:
[Amended 7-24-2006 by Ord. No. 512; 3-23-2009 by Ord. No. 521]
(1) 
The cost of repairs and maintenance to sidewalks or nonmotorized pathways shall be the responsibility of the owner of the property adjoining or abutting the sidewalk or nonmotorized pathway requiring repairs and/or maintenance. Except in the case of snow or other debris removal, or in the case of required drainage improvements or where the sidewalk is damaged due to the actions of the property owner or tenant, the City shall, upon proper application and satisfactory documentation of such expenses to the Public Services Director, be responsible for up to 25% of the costs required to complete such repairs or maintenance. The term "repairs" shall include replacement of damaged or unsalvageable sidewalk, if approved by the Public Services Director.
(2) 
The City shall assume all responsibility for the repair, maintenance or construction of barrier-free sidewalk ramps at intersections and for repair or replacement of sidewalk due to upheaval caused by tree growth within the area between the sidewalk and curb.
(3) 
For the construction of new nonmotorized pathways, the owner of the adjoining or abutting property shall be responsible for the cost of the first five feet of width thereof, and the City shall reimburse said owner, upon proper application and satisfactory documentation of such expenses to the Public Services Director, 25% of the cost to construct said portion of the nonmotorized pathway. The City shall assume 100% of the responsibility for the cost of construction of the remaining width of any nonmotorized pathway.
(4) 
The costs of construction of new sidewalks within the City shall be allocated as follows:
(a) 
With regard to new residential, commercial, business and/or industrial development within the City, all costs shall be paid for by the developer and/or builder thereof.
(b) 
With regard to a new sidewalk to be constructed upon or adjacent to existing improved property, the costs shall be the sole responsibility of the abutting or adjoining property owner. The City shall, upon proper application and satisfactory documentation of such expenses to the Public Services Director, reimburse 25% of the cost to construct such sidewalks. If a new sidewalk is required to be constructed on two or more sides of an existing improved property (i.e., a corner lot), the abutting or adjoining property owner shall be limited in responsibility to construction of sidewalk along the one side of the property with the greatest linear feet of frontage. The City shall assume 100% of the responsibility for the cost of construction of new sidewalk along the remaining sides of the property.
(c) 
With regard to the construction of new sidewalks adjoining or abutting vacant land, such costs shall be the sole responsibility of the adjoining or abutting property owner. The City shall, upon proper application and satisfactory documentation of such expenses to the Public Services Director, reimburse 25% of the costs to construct such sidewalks.
(d) 
Where a new sidewalk will be constructed as part of a project where matching state or federal funds are contributed, the cost of sidewalk construction allocated to adjacent or abutting property will be equal to the balance of said cost, subject to 50% reimbursement as provided in Subsection C(4)(b) and (c) of this section.

§ 178-5 Notice to construct or repair.

[Amended 6-24-2002 by Ord. No. 480; 6-24-2002 by Ord. No. 481; 3-23-2009 by Ord. No. 521]
Notice to construct or repair. Whenever the City Council shall determine, by resolution, that there is a need for sidewalks or sidewalks in travelable condition, or any other condition exists which, in the opinion of the City Council, constitutes a public nuisance or hazard which is dangerous to the health, safety or welfare of the inhabitants of the City or others, except a public nuisance or hazard related to the accumulation of snow and ice, the City Council may, after investigation, give notice to the owner or owners of land upon which such nuisance or hazard exists by posting of notice upon the premises and by personal service, or by first-class mail, addressed to the property owner(s) as listed on the general property tax roll, specifying the nature of the nuisance or hazard and requiring the owner to construct, alter, repair, tear down, abate or otherwise remove the nuisance or hazard within a time to be specified by the City Council, which shall be commensurate with the nature of the nuisance or hazard. Notwithstanding the foregoing, the provisions of this article shall not be construed to permit the City Council to require that any existing sidewalk which is less than five feet wide but more than four feet wide be repaired and/or replaced on that basis alone, unless there is a specific finding by the City Council that significant other defects or other conditions constituting the public nuisance or hazard which is dangerous to the health, safety or welfare of the inhabitants of the City or others exists and which therefore requires the immediate repair or replacement of said sidewalk.

§ 178-6 Failure to comply with notice.

If, at the expiration of the time limit in the notice described in § 178-5 above, the owner has not complied with the requirements thereof, or in any case where the owner of the land itself is not known or cannot be found, the City Council may order such nuisance or hazard to be abated, under the direction of the City's Public Services Director, who may contract or hire the work to be done.

§ 178-7 Assessment of costs and expenses.

[Amended 6-24-2002 by Ord. No. 480; 6-24-2002 by Ord. No. 481]
Assessment of costs and expenses. After the City's acceptance of a bid or contract for the work to be done in accordance with § 178-6, the cost thereof shall be apportioned among the benefitted properties on a tentative special assessment roll. The owner(s) of benefitted properties shall receive notice of public hearing by first-class mail at the address shown on the general property tax rolls. Such notice shall specify the tentative amount of the assessment as to said property and shall provide the time, date and location of the public hearing to be held for the purpose of hearing objections to the apportionment and roll. The resolution confirming the roll shall describe the time allowed for payment, the interest rate and penalties for late payments. All assessments levied hereunder shall constitute a lien on the property benefitted.

§ 178-8 Special assessment project.

In addition to the foregoing powers, the Council shall have the right to proceed at any time to establish a special assessment project for the repair, maintenance or construction of sidewalks or non-motorized pathways, in accordance with the provisions of Chapter 44, Special Assessment Procedure, as amended.

§ 178-9 Appeals.

A. 
Any person who feels aggrieved by this article may appeal, in writing, to the City Public Services Committee. In considering such appeal, the Public Services Committee shall take into account:
[Amended 6-24-2002 by Ord. No. 480; 6-24-2002 by Ord. No. 481]
(1) 
Impact to adjacent property;
(2) 
Safety;
(3) 
Extreme hardship. Upon finding of extreme hardship, the Committee may allow payment of all or a portion of the assessment to be deferred until sale or other conveyance of the property. Under no circumstances may the assessment be waived or canceled; and
(4) 
Pending public works projects.
B. 
In addition, the City's Public Services Director may appeal on behalf of individual properties, if, in his opinion, the construction of sidewalks and/or non-motorized pathways is not in the best interest of the City, or coordination with future public works projects would be more cost effective. In hearing appeals with regard to repairs ordered by the City Council, the Public Services Committee shall only take into account the determination that the petitioner's sidewalk is defective.
C. 
For all appeals, the Public Services Committee shall receive a written report from the City's Public Services Director, as well as a licensed engineer appointed by the Committee. In addition, the Public Services Committee shall, after appropriate notice has been given, conduct a public hearing, and shall consider the testimony of the City Services Director, the affected property owner, or any other person claiming an interest in the appeal. At the conclusion of said hearing, but in any event no more than 30 days thereafter, the Public Services Committee shall render its decision on the appeal, in writing. The decision of the Public Services Committee shall be considered the final decision of the City.

§ 178-10 Violations and penalties.

[Amended 3-23-2009 by Ord. No. 521]
Except as otherwise provided in this article relating to civil infractions for failure to remove snow and ice, any violation of this article shall be punishable as a misdemeanor as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17B.
[Adopted 3-23-2009 by Ord. No. 521]

§ 178-11 Permit required.

Hereafter no person shall excavate or disturb the surface of any public street, sidewalk or curb within the City for the purpose of installing utilities or any other purpose, without first obtaining a permit from the City Clerk.

§ 178-12 Application for permit.

The Clerk shall furnish applications for permits and, upon receipt of an application properly completed, shall issue, upon payment to the City Treasurer of the fees as hereafter set forth, a permit, provided that the Clerk shall not issue any permit without said application having been first approved by the City Engineer. The application shall contain the following information:
A. 
The name and address of the owner or agent in charge of the property abutting the proposed work area.
B. 
The name and address of the party doing the work.
C. 
The location of the work area.
D. 
Attached plans showing details of the proposed alteration.
E. 
The estimated cost of the alterations.
F. 
Such other information as the City Engineer shall find reasonably necessary to the determination of whether a permit should issue hereunder.

§ 178-13 Permit fees.

Fees for required permits shall be as set from time to time by resolution adopted by the City Council.

§ 178-14 Maintenance and performance bond.

The City Clerk may require that an applicant file, as a condition to receiving a permit under this article, a bond to guarantee to the City that the excavation and repair of the road shall be done in accordance with the requirements set forth herein. Said bond shall provide that, in the event that it is necessary for the City to complete the restoration of the street, curb or sidewalk, the cost thereof shall be deducted from said bond, or said cost may be recovered from the permittee.

§ 178-15 Indemnification of City.

The applicant shall indemnify the City against any and all claims for damages or injury to other persons by reason of such excavations.

§ 178-16 Performance standards.

Every person making or causing to be made any excavation as hereinbefore set forth shall perform the work in accordance with the following standards:
A. 
The work shall be performed according to the standard specifications of the City for public work of like character, which standards are equal to the standard specifications of the Michigan State Highway Department.
B. 
The operation will not unreasonably interfere with vehicular and pedestrian traffic nor the means of egress to and from the property affected and adjacent properties.
C. 
The health, welfare and safety of the public will not be unreasonably impaired.
D. 
The roadway shall be restored to like or better condition than it was prior to the excavation and shall be properly attended to until such time as all settling has occurred.

§ 178-17 Supervision of operations.

All operations for which a permit is granted hereunder shall be under the direction and supervision of the City Engineer.

§ 178-18 Order to alter curb cut.

A. 
Where the use, convenience and necessity of the public requires, the City Engineer shall have the authority to order the owners or agents in charge of property adjacent to which curb cuts are maintained to alter the curb cut in such manner as he or she shall find reasonably necessary under the circumstances.
B. 
The notice required by this section shall:
(1) 
Require compliance by the permittee within 15 days of said notice.
(2) 
Be in writing.
(3) 
Bc served upon the permittee by regular mail to the address on the permit, or personally.

§ 178-19 Violations and penalties.

Any violation of this article shall be punishable as a misdemeanor as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17B.