Village of Spring Lake, MI
Ottawa County
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Table of Contents
Table of Contents
[Adopted as Ch. 70, Art. II, of the 2000 Code of Ordinances]
The provisions of Chapter 307, Special Assessments, are incorporated in this section by reference with respect to the construction of a sidewalk which is defined to be a local public improvement, excluding repairs necessary to a sidewalk; and a sidewalk local public improvement shall be initiated as provided for in Chapter 307.
The cost of a sidewalk local public improvement, as defined in Chapter 307 exclusive of sidewalk repairs, shall be allocated as determined by resolution of the Village Council, payable as provided in Chapter 307.
No person shall permit any sidewalk which abuts property owned by that person to fall into a state of disrepair or to become unsafe.
Whenever the Village Council shall determine that a sidewalk is unsafe for use, written notice shall be given to the owner of the abutting premises by mail, addressed to the last known address of the owner; or if the owner or the owner's address is unknown, by delivering the notice and leaving it with a person of suitable age and discretion at the premises; or if such person is not found, by posting such notice in some conspicuous place on the premises. The notice shall specify the condition to be repaired and the nature of the repairs to be made.
A hearing shall be granted to any person notified under § 326-7 if requested within 20 days of the notice. The hearing shall be scheduled within 30 days after a hearing is requested. The hearing may be part of a Village Council meeting. There shall be a fourteen-day notice to the appellant of the hearing date.
If an owner fails to repair a sidewalk within 30 days, the Village Manager shall report the same to the Village Council with the request that he be authorized to repair or construct the sidewalk. The Village Manager may dispense with the notice and report and request the Council for authority to repair the sidewalk if in the Village Manager's opinion the sidewalk condition is unsafe and dangerous and requires immediate repair to ensure public safety and to prevent the possibility of Village liability for personal injury or property damage. Upon receipt of any such report of the failure of such owner to repair the sidewalk within the time specified in such notice, the Council may determine to repair the sidewalk by resolution and order the Village Manager to proceed with the required work.
The cost of repairs under this article, if made by the Village, shall be charged against the premises abutting such sidewalk and its owner thereof, in accordance with the provisions of this Code, including those found in Chapter 307; however, repairs necessitated by root damage from trees situated in the public right-of-way or by damage caused by public vehicles shall not be the financial responsibility of the owner of the abutting property; and the Village Council, if it determines that the sidewalk has been damaged by abutting trees in the public right-of-way or public vehicles, shall cause repairs as necessary to be made at the expense of the Village.
No person shall construct or repair any sidewalk except in accordance with the lines, grade, slope and specifications established by the Village, and without first procuring a permit from the Village Manager and/or his or her designee. Permits shall be prominently displayed on the construction site.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).