[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 395.
[Adopted 2-26-1975 by Ord. No. 75-3 (Part 160 of the 1995 Compilation
of Ordinances)]
The intent of this article is to provide for sound planning
and locating of all utilities within the public rights-of-way in Huron
Township so that all public utilities located within the public rights-of-way
in Huron Township may be efficiently installed, operated and maintained,
therefore causing a minimum of conflict with other utilities using
the same public rights-of-way and a minimum on inconvenience to Township
residents.
As used in this article, the following terms shall have the
meanings indicated:
The Huron Township Board.
The Director of Public Works.
The professional engineer employed by the Township or the
duly appointed consulting engineering firm acting as the Township's
engineer.
All land lying between property lines on either side of the
street, road, highway, boulevard and alleys in Huron Township and
shall also include any lands which are subject to an easement granted
to Huron Township for public use.
Any person, firm, company, corporation, partnership, association
or legally constituted municipal body.
Any sewer, water line, gas line, telephone conduit and buried
cable, utility pole, electrical transmission line, liquid and gas
transmission line, railroad, public transit system and/or state and
county highway, but not including individual customer service pipe
lines of one-half inch or less.
It shall be unlawful for any person to install any utility within,
under or across Huron Township rights-of-way without first having
obtained a permit from the director. Except in case of emergency,
maintenance (including repair and replacement of utility facilities)
shall be permitted. The utility shall notify the Township within five
days from the date of the performance of emergency work.
No permit shall be issued by the director unless and until the
applicant shall have:
Every application for a permit required by the provisions of
this article shall be signed by the applicant and shall include at
least the following information:
A.
Full name, address and place of business and telephone number of
the person applying for the permit.
B.
A full description of the operation to be undertaken, the location
of the utility in specific terms in relation to existing property
lines, including the proposed depth below and/or above the existing
ground surface as recorded on the Wayne County Road Commission's
datum, including all existing utilities, recorded on an acceptable
engineering plan for review by the engineer.
C.
The estimated length of the proposed utility located within the right-of-way.
D.
Such other information as the director may require.
No permit required under the terms of this article shall be
issued unless there is first paid to the Township a fee as established
by the Township Board. Fees shall be assessed for:
Said utility shall be field-located by a competent engineer
or land surveyor in the location approved on the permit. If it is
found during construction that said utilities are being installed
in a location other than approved on the permit, the Huron Township
Building Inspector shall issue a stop-work order and the Township
Engineer shall then examine the work installed in relation to the
approved location and recommend to the director that portion of the
utility which must be removed and relocated before work shall commence
in accordance with the following procedure:
A.
Work will proceed when a cash deposit is placed in the Huron Township's
Trust and Agency Fund to cover the cost of a full-time Huron construction
inspector and a review of incorrectly located utilities by the engineer.
This deposit shall be for the additional engineer's review plus
the amount determined by estimating the days of work remaining on
the project and multiplying the number of days by the current daily
cost for inspection as approved by the Board and on file with the
Township Clerk. If it is found that this deposit is not sufficient
to complete the project, work shall stop until additional monies are
deposited with the Township. On completion of the work, any surplus
funds still on deposit with the Township shall be returned to the
person to whom the permit was issued.
The Director shall, within 14 days after the date of application
for any permit required under this article, either approve or disapprove
the proposed operation applied for in the permit and if disapproval
is given, the director shall state the reasons why the proposed operation
has been disapproved.
The issuance of a Huron Township permit under the provisions
of this article in no way relieves the person obtaining the permit
from all obligations to obtain other required permits from the Wayne
County Road Commission, Michigan Department of State Highways, railroads
or other regulatory agencies requiring a permit for work within the
road right-of-way and to perform their work in accordance with these
other permit requirements.
A.
Enforcement official, appointment, duties. The Township Board is
hereby authorized and directed to enforce all the provisions of this
article. It shall appoint a Director of Public Works, who shall be
charged with the duty of enforcing this article. This official shall
be directly responsible to the Township Board and shall for the purpose
of this article have the powers of a police officer, and may delegate
this power to any of his assistants.
B.
It shall be the duty of all engineers, architects, contractors, subcontractors,
builders, and other persons having charge of the erecting, altering,
changing or installing of any utility within, under, over or across
Huron Township rights-of-way, before beginning or undertaking such
work, to see that proper permit has been granted therefor and that
such work does not conflict with and is not in violation of the terms
of this article; and any such architect, builder, contractor or other
person doing or performing any such work of erecting, repairing, altering,
changing or installing of any utility without such permit having been
issued or in violation of, or in conflict with the terms of this article,
shall be deemed guilty of a violation hereof in the same manner and
to the same extent as the persons or person for whom such utilities
are erected, repaired, altered, changed or installed in violation
hereof and shall be held accountable for such violation.
C.
Any utility erected, altered, changed, or installed in violation
of this article is hereby declared to be a nuisance per se and the
Township of Huron through its qualified officers, as provided for
by statute for maintaining suits, may institute proceedings in the
circuit court for the purpose of restraining any violation of any
of the provisions of this article. The director, the legislative body
of the Township, or any court having jurisdiction shall order such
nuisance abated and the owner or agent in charge of such utility shall
be adjudged guilty of maintaining a nuisance per se.
D.
Any person, firm or corporation who shall violate any provision of
this article shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine not to exceed $500 and the costs
of prosecution or, in default of the payment thereof, by imprisonment
in the county jail for a period not to exceed 90 days, or by both
such fine or imprisonment, in the discretion of the court. Each day
that a violation is permitted to exist shall constitute a separate
offense. The imposition of any fine or sentence shall not exempt the
offender from compliance with the requirements of this article.[1]
E.
The Director shall not personally be liable while acting for the
Township and he is hereby relieved from any personal liability for
any damage that may accrue to persons or property as a result of any
act required or permitted in the discharge of his official duties.
[Adopted 6-28-1995 by Ord. No. 95-7 (Part 169 of the 1995 Compilation
of Ordinances)]
All sidewalks in the
Township shall be constructed, maintained and repaired by the owner
of the lands adjacent thereto or improved thereby in the manner provided
hereafter and within 20 days after notice is given to the owner as
hereinafter prescribed; provided, in case such owner neglects or refuses
to comply with the provisions of this article, the Township may construct,
maintain or repair, or cause such sidewalk to be constructed, maintained
or repaired, and assess the cost thereof against the owner of the
land adjacent to or improved by same, together with an additional
penalty in an amount equal to 20% of the cost of such construction,
maintenance or repair and such cost, together with the amount of the
penalty, shall be a charge upon and a lien against the land adjacent
thereto or improved thereby.
The Building Official shall have general supervision and control
of the inspection, construction, maintenance and repair of all sidewalks,
and it shall be his duty to enforce this article.
Hereafter, all sidewalks shall be constructed or repaired to
conform to the specifications, lines and grade established by the
Township Engineer and approved of by the Township. Application for
the construction or repair of sidewalks shall be made to the Building
Official prior to the commencement of such work, upon forms provided
by the building department. No variation from the specifications shall
be allowed except upon application to the Township Board setting forth
in detail such desired variation from the specifications, and if the
Township Board deems such variations necessary, same may be permitted
by resolution.
Whenever it is necessary to build, rebuild, replace or repair
any sidewalks in the Township, the Township Board shall so declare
by resolution, and the Clerk shall advise the Building Official of
such resolution. The Building Official shall thereafter cause to be
served upon the owners of any lot in front of or adjacent to which
such sidewalks are required to be built, rebuilt, replaced or repaired,
notice that such work is necessary and must be completed within 20
days after the service of such notice, or that the work will be done
by the Township and the cost thereof, with 20% additional, charged
to the owner of the property improved, and if not sooner paid for,
charged against the property as hereinafter provided. Such notice
shall be served by mailing the same to the property owner of the premises
as determined by the official tax rolls of the Township. In addition
to such mailing, such notice may be served by securely posting such
notice upon the premises. If such owner shall fail or neglect to comply
with the terms of the notice, the Building Official shall cause the
sidewalk to be built, repaired or replaced, as the case may be.
Notices herein provided for shall contain the name of the owner
of the lot in front of or adjacent to which the sidewalk is required
to be built, rebuilt, replaced or repaired, if known, and a description
of the property to be improved thereby and shall designate the work
required to be done. Such notices shall also recite that the work
is required to be done by resolution of the Board, giving the date
of such resolution and such other information as shall enable the
owner notified to fully comply with its terms.
Upon the completion of the building, rebuilding, or replacing of any sidewalk by the Township in accordance with the provisions of this article, a bill for the cost thereof, together with the 20% addition prescribed in § 460-11, shall be mailed by the Building Official to the owner of the property affected demanding payment of the amount due. If the amount is not paid to the Township within 30 days from the date of such bill, the amount thereof plus 10% shall be considered a lien against the property improved, and the Building Official shall certify the charge against the property to the Township Treasurer, who shall add that amount plus a 25% transfer fee to the next annual Township tax levied against the property. The Township shall have the right to file suit in any court of competent jurisdiction to enforce the collection of the bill as an alternative method to adding such amount to the Township tax roll.
It shall be the duty of every owner of property to be improved
by building, rebuilding, replacing or repairing of sidewalks as provided
in this article to make such improvements when required to do so by
resolution of the Board, and if any damages to the Township result
from the neglect or refusal of the owner so to do, such owner shall
be liable to the Township for the full amount of such damages.
Any owner of property may construct, maintain or repair the
sidewalk abutting on his property whenever he has been notified to
construct, maintain or repair same. In such cases, the owner shall
make application for a permit upon forms furnished by the Township.
If the Building Official approves the application, he shall issue
a sidewalk permit upon payment at the rate established by the Township
Board, but the owner shall not be required to furnish a bond for the
faithful performance of the provisions hereof. The owner shall construct,
maintain or repair the sidewalk in accordance with the specifications
on file, and the Building Official or his designee must inspect such
work.
Every person proposing to lay, construct, reconstruct, replace
or repair any sidewalk in the Township for any property owner shall
apply to the Building Official for a permit so to do. Such application
shall be in writing, upon blanks to be furnished by the Township,
and shall contain such information as may be necessary to secure the
enforcement of all the provisions hereof. The applicant shall file
a bond in the sum equal to $1 per running foot of sidewalk embraced
in such permit, such bond in any case to be not less than the sum
of $1,000, conditioned for the faithful performance of all the provisions
hereof, and of all the ordinances, rules and regulations of the Township
pertaining to the work to be done, and conditioned for the keeping
and maintaining of all sidewalks constructed by him under permits
covered by the bond in good condition or repair and fit for public
travel for a period of three years from and after the date of the
completion of the construction of such sidewalks. The applicant shall
pay a permit fee established by the Township Board, such charge to
cover the cost of inspection and the expense of establishing the lines,
widths and grade of sidewalks; provided, further, that in cases where
the work is to be done by the Township as covered by this article,
no permit fee shall be charged.
