[Adopted 4-6-1954 by Ord.
No. 6 (Ch. 306.000 of the 1999 Compiled Ordinances)]
A.
Before opening any street or parkway or any part thereof for purposes
of constructing any water line or sewer or other structure and also
before cutting any trees located in any of the streets in the City
of Bridgman, written application therefore must be made to the City
Clerk, which application shall set forth the details of such opening
or tree cutting, including the proposed width, depth and length of
the opening, a statement as to the protection to be given such opening
while it is open, when the work is to begin, and when it is to be
completed, and in the case of tree cutting a description of the approximate
location of the trees to be cut, the protection to be given in connection
with the cutting of said tree or trees, the approximate time when
said work is to be started and when it is to be completed, and the
protection to be given to abutting property owners in connection with
cutting of trees as well as protection for utility lines adjacent
thereto.
B.
Upon receipt of such written application as herein above provided
for, the City Clerk shall refer the matter to the City Director of
Public Services, who shall make an investigation of the facts set
forth in said application and report back to the Clerk as to whether
or not, in his opinion, the proper precautions will be taken, and
he shall also include thereon his recommendations as to whether or
not the Clerk shall issue a permit for the opening of a street and/or
cutting of trees. If he fails to recommend the issuance of a permit,
the City Director of Public Services shall also note his recommendations
for additional precaution and protection as well as any other reasons
for his refusal to recommend the issuance of such permit, and the
Clerk shall then notify the applicant in order that the applicant
may take the necessary steps to provide the items required by the
City Director of Public Services, and in the event the applicant feels
himself aggrieved with the decision of the City Director of Public
Services, he shall then appear before the City Council at the next
regular City Council meeting, and the Council shall have authority
to either affirm or reverse the recommendations of the City Director
of Public Services and direct the Clerk to issue or reject the application
accordingly. In the event the City Director of Public Services approves
the application, he shall so indicate thereon and deliver the application
to the Clerk, and upon receipt thereof, the Clerk shall issue a written
permit authorizing the construction and/or tree cutting as outlined
in the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or partnership violating the provisions of
this article shall be guilty of a misdemeanor, subject to arrest,
and be tried before the Berrien County Trial Court and/or City of
Bridgman and upon conviction thereof shall be punished by a fine of
not to exceed $500 or imprisonment in the county jail of Berrien County,
Michigan, for a period of not to exceed 90 days, or both such fine
and imprisonment as the Trial Court shall determine in its discretion.
