[Amended 7-16-2001 by Ord. No. 01-017]
A. In case of failure of an owner or occupant of a lot
or part of a lot to carry out the orders of a resolution of the Council
to construct a sidewalk along the same, the City sidewalk contractor,
under the supervision of the City Engineer, shall:
(1) Construct or arrange for the construction of the sidewalk;
and
(2) Submit a written report under oath to the Council
as follows:
(a)
That the project has been completed;
(b)
The cost and expense of the project;
(c)
The number and description of the lot; and
(d)
The name of the owner or occupant of the lot.
B. As a penalty for failure to comply with the resolution,
the Council shall levy the following costs and expenses against the
lot along which the sidewalk has been constructed:
(1) Construction costs and expenses;
(2) Expense of printing and publishing the resolution;
and
(3) An additional 10% of the cost of construction as a
penalty to be collected as a special assessment.
C. The special assessment, and any reassessment, shall
be levied and collected in the manner provided in §§ C-158
through C-185 of the City Charter, as allowed by Act 279 of the Public
acts of 1909, as amended, entitled "An act to provide for the incorporation
of cities and for the revising and amending of their charters."
D. Should a special assessment be levied pursuant to the provisions of Subsection
C above, such assessment may be deferred if the owner occupies a house located on the lot or premises which is the subject of the assessment, is over the age of 65 years and makes a written application for such a deferral to the City Manager. A deferral, when granted, shall be until one year after the owner's death, subject to further order by the Probate Court, or until the house, lot or premises, or any part of the house, lot or premises, is sold, conveyed or transferred to another. The death of a spouse shall not terminate the deferral of special assessment for a house owned by a husband and wife under tenancy by entireties, as long as the surviving spouse meets the deferral criteria or does not remarry. Special assessments made under this provision may be paid in full at any time. The City Treasurer shall include on the delinquent tax roll all property for which the deferral of special assessment is approved pursuant to this section and shall enter on the delinquent tax roll opposite each such item a notation that the payment is deferred. Upon termination of the deferral, any provision of law, ordinance or Charter relating to collection procedures shall apply to the deferred special assessments as though no deferral had been authorized. The lien of any deferred special assessment shall be for the amount of the special assessment only and shall not include any additional fee, penalty or interest added until the period of deferral has ended.
On each side of any paved street, sidewalks
shall be laid to conform to the line of the curb established. On all
other streets, sidewalks shall be not more than 15 feet nor less than
four feet in width, as the Council may, by resolution, direct. On
all paved alleys, sidewalks shall not be more than 15 feet nor less
than two feet in width, as the Council may, by resolution, direct.
The Council may at any time authorize any officer
of the City or any other person to perform the same duties as are
required by this article to be performed by the City contractor, the
City Engineer or any other officer.
The following or other sufficient forms shall
be used in proceedings under this article:
RESOLUTION NO. 1.
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Resolved by the City Council of the City of
Monroe, that a sidewalk be constructed on the ___________ side of
__________ Street in said City between __________ Street and __________
Street, within _____ days from the day of ________, 20__. The same
shall be ___ feet wide and constructed of __________, in accordance
with the provisions of the ordinance relative to the construction
and repairing of side and cross walks, under the direction of __________
on established grade.
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In case the owner or occupant of any lot in
front of which said walk is to be laid, shall neglect to build said
walk in accordance with this resolution and ordinances of said City
within the time herein limited, the __________ is hereby ordered to
construct the same immediately, in accordance with this resolution
and the ordinance of said City, and to make report thereof and of
the cost of the same, to said City Council in accordance with the
ordinances of said City in such cases.
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REPORT NO. 2.
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The __________ makes report to the City Council
of the City of Monroe that he has constructed on __________ Street,
between __________ Street and __________ Street, in front of the lot
and part of lot hereafter stated and described, at the cost set opposite
each lot or part of lot and other property described.
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Owner of lot __________; No. of lot __________;
Feet in walk __________; Cost of same __________. Sworn and subscribed
to before me this __________ day of __________, 20__.
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Contractor
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