The purpose of this article is to protect the health and safety
of persons using sidewalks located within the Village and to enhance
the value of property located in the Village, by establishing standards
for the construction and maintenance of the sidewalks.
As used in this article, the following terms shall have the
meanings indicated:
PERSON
A person shall be defined as an individual or any entity,
including but not limited to a corporation, partnership or LLC, which
is recognized by the laws of the State of Michigan.
OWNER
For the purposes of this article, an owner shall be any of
the following:
A.
The person who holds the title to the property;
B.
The person to whom real property is assessed on the Village
tax roll;
C.
The tenant of occupant of the property;
D.
The person in the process of developing property for residential
use and constructing sidewalks as a part of common improvements to
the development and who has not released the responsibility of maintenance
of those improvements to an established homeowner;
E.
The association of homeowners have the responsibility for the
maintenance and repair of common areas of a residential development;
SIDEWALK
The portion of the street right-of-way designed and improved
for pedestrian and nonmotorized travel, as well as those areas located
above the right-of-way which are reasonably necessary to allow for
travel on the designated portion of the right-of-way.
No person shall construct, rebuild or repair any sidewalk without
first obtaining a written permit from the Department of Public Works.
All sidewalk improvements shall be in accordance with the line, grade,
slope and specifications established by the Village Department of
Public Works Superintendent. The written permit shall be prominently
displayed on the construction site. The fee for such permit shall
be set by resolution of the Village Council.
The Department of Public Works Superintendent shall approve
line and grade stakes as may be necessary for proper control of work
under this article.
Sidewalks shall be constructed and maintained in accordance
with the standards and specifications as established by the Department
of Public Works Superintendent and approved by the Council. The Superintendent
may revoke any permit issued under the terms of this article for incompetency
or failure to comply with the terms of this article or the rules,
regulations, plans and specifications established by the Village.
The owner and/or occupant of every lot or premises adjoining
any street shall clear and keep all sidewalks adjoining such lot or
premises from any obstructions including, but not limited to, snow
and ice, structures, vehicles, materials, debris, vegetation or other
items. The owner and/or occupant shall also keep clear the area which
is located directly over the sidewalk in a manner which will allow
reasonable travel without interference from obstructions as defined
above.
No person shall permit any sidewalk which adjoins property owned
by such person to fall into a state of disrepair or to be unsafe.
Owner shall be responsible to make the necessary repairs to sidewalk
if it is found to be unsafe or in a state of disrepair upon notice
by the Village.
The Village shall retain the right to repair any sidewalk or
portion thereof that are adjacent to Village property and shall do
so at Village expense. The Village retains the right to examine sidewalk
and determine if a deficiency exists and shall notice the owner of
said deficiencies and a time period in which the owner shall correct
said deficiencies at owner's expense. Once the areas have been
repaired in a manner which conforms to this article, the owner shall
be notified in writing. All responsibility for further maintenance
shall rest with the owner. If owner fails to make repairs as identified
by the Village, the Village shall make said repairs and bill the owner.
If owner fails to reimburse the Village, Village retains the right
to place said bill on the next tax roll in addition to an administrative
fee as established by the Village Council.
Any person who shall violate any section of this article shall
be responsible for a civil infraction and shall pay a fine not to
exceed $500. Each day a violation exists may be considered a separate
violation and a fine so imposed.