[Adopted 6-16-1997 by Ord. No. 85; amended in its entirety 4-20-2020]
This article shall be known and cited as the "Charter Township of Blackman Sidewalk Ordinance."
The purpose of this article is to regulate the construction, repair and maintenance of public sidewalks; to keep them in a proper and safe condition for public use; to provide for the imposition of liability upon abutting property owners for injuries or damages caused by defective sidewalks; to provide for the establishment of sidewalk maintenance districts by the Township Board for the assessment of the costs of construction, maintenance or repair to sidewalks in said district; and to provide standards for proper sidewalk maintenance construction and repairs.
A. 
Whenever the Building Department of the Charter Township of Blackman shall deem the construction, maintenance or repair of the same as public necessity, the owner or owners of all lots and premises within the Charter Township of Blackman are required to maintain, repair and construct sidewalks in and along the public streets and alleys of the Charter Township of Blackman, adjacent to their lots and premises.
B. 
It shall be the duty of all owners of premises within the limits of the Charter Township of Blackman to keep all cement or concrete walks and sidewalks, which have been heretofore laid, or may be hereafter laid, in front of or adjacent to such premises, in and along any of the streets and alleys of said Township, in good repair and free of dangerous ice, snow, or other dangerous obstructions or conditions. Any owner of any such premises who shall allow any such sidewalk to remain out of repair or in a dangerous condition shall be responsible and liable for injuries and damages arising out of the disrepair or unsafe condition of said sidewalk. Such owner shall further indemnify and reimburse the Township for any and all liability, costs and expenses which the Township might incur as a result of any defective or dangerous sidewalk. Hereafter when any sidewalk or crosswalk becomes out of repair in the Township, the Building Department, through the Building Inspector, shall give the owner or party in interest of the premises in front of or adjacent to which such sidewalk or crosswalk is located notice to repair the same within 30 days. However, during such 30 days the owner or party in interest may request that the notice of repair be reviewed by the Building Department. The Building Inspector, within 30 days from receiving a request for review, shall make his recommendation, and shall forward his recommendation to the Township Board (hereinafter "Board") for a final decision. The Township Board shall take such action thereon as it deems to be in the best interest of the Township and of the safety of the public. If no review of such notice is requested within 30 days of the date of such notice, the decision of the Building Department shall be final.
C. 
Such notice, in addition to specifying the time in which such sidewalk or crosswalk shall be repaired, shall also state that work must be done in accordance with specifications for new work furnished by the Building Department in repairing such sidewalk or crosswalk, and shall also inform the owner or party in interest of the right of review of the determination of the Building Department as provided in Subsection C hereof.
D. 
Service of notice may be made upon the owner, occupant or party in interest through the United States mail to the last known address as recorded on the tax rolls of the Township Treasurer, or may be made personally upon such owner, occupant or party in interest, or may be posted in a conspicuous place upon the premises in front of, adjacent to or upon the sidewalk, crosswalk or driveway which is to be repaired.
E. 
If any person notified as required by Subsections A through E above shall not have repaired or reconstructed a sidewalk or crosswalk, after a final determination by the Building Department, or the Supervisor and Board, the Building Department shall repair or reconstruct such sidewalk or crosswalk in front of or adjacent to the premises of the owner or party in interest so in default. The cost and expense of the repair or reconstruction of such sidewalk or crosswalk shall be charged to such owner or party in interest.
F. 
In case of nonpayment by the owner or party in interest of the cost and expense of such repair or reconstruction, the cost of expense of such repair or reconstruction may be certified to the Board by the Supervisor in the form of a tentative assessment roll. This tentative roll shall be made as designated by the Supervisor and shall show the exact amount according to cost and expense that should be assessed against each parcel of land for the repair or reconstruction of such sidewalk or crosswalk so repaired and constructed.
G. 
Upon the completion of the roll, the Supervisor shall cause to be published in the official newspaper of the Township, one time, a notice which shall be as follows:
SIDEWALK ASSESSMENT NOTICE
OFFICE OF THE SUPERVISOR
Charter Township of Blackman
_____________________, 20
To Whom It May Concern:
Take notice that _________________________ assessment roll, for defraying the cost and expense of repairing or reconstructing sidewalks, crosswalks or driveways as hereinafter described, has been prepared and will remain open for inspection, revision or correction in this office from the date hereof until Monday, the _________________________________________ day of ____, 20____, when said roll will be presented to the Board at a session thereof to be held on said date at ____ p.m., for confirmation.
The lot, lots or parts of lots described in each roll have been assessed for the cost and expense of repairing or reconstructing the walk-in front of or adjoining the parcels named in such roll.
Roll No.
Lot No.
Any person desiring to object to any assessment so made may, upon filing with the Township Clerk, at any time prior to the date last mentioned above, a written protest, to be heard before the Board and have his or her said assessment reviewed by said Board. Any person having an interest in the property subject to the proposed special assessment may file a written appeal of the special assessment with the State Tax Tribunal within 30 days after confirmation of the special assessment roll if that special assessment was protested at the hearing.
_________________________
Township Supervisor
H. 
The Supervisor, upon the date last mentioned in the notice, which date shall be at least 10 days after the last publication of the same, shall transmit the roll to which shall be attached the affidavit or publication of the assessment notice, together with the report of the Building Department, to the Township Board for confirmation.
I. 
If no protest is filed, the Board may, on the coming in of the roll, confirm the same. If a protest is filed, the same shall be referred to the Board, before whom any party protesting shall be heard. The Board may confirm the roll, with or without modification, as it deems proper and just.
J. 
Upon confirmation of the roll, the same shall be transmitted to the Township Board, and it shall transmit the same to the Treasurer for collection.
K. 
The assessment roll shall contain a list of lots, parts of lots or parcels of land assessed thereon as provided in this section, and the total amount assessed thereon shall be due and payable 30 days after the assessment roll is confirmed by the Board. If the assessment is not paid within the time stated, a penalty of 1/2 of 1% of the amount of such assessment, in addition to interest on the assessment at the rate of 6% per year from the date the assessment roll is confirmed by the Board, shall be attached thereto. Assessments to levy shall be a lien upon the lots, parts of lots or parcels of land until paid and in default of payment of the assessment. They shall be returned as and with other delinquent taxes to the County Treasurer, and the lots, parts of lots or parcels of land so assessed may be sold thereafter in the manner as provided by law for the sale of land for unpaid special assessments and general property taxes.
L. 
In case of nonpayment by owner or occupant of the costs and expense of such repairs, suit may be brought in any court of competent jurisdiction to recover the same, or the costs and expenses of such repairs may be added to the tax roll and collected in the same manner as all other ad valorem taxes.
M. 
Whenever any person performs any work, as provided in this section, either under contract with the Township or by virtue of any permit issued by the Township, such person shall be liable to the Township for any and every loss of any permit issued by the Township for any and every loss or damage which the Township may sustain and for all sums which it may have to pay to any person by reason of any loss or injury sustained through any negligence in doing the work, or by reason of any neglect or failure to comply with the provisions of this article.
A. 
It is hereby determined that a sidewalk shall be considered in disrepair if any of the following conditions, among others, exist:
(1) 
Potholes of one inch or more in depth.
(2) 
Loosened, crumbling or breaking surfaces.
(3) 
Difference of two inches or more in heights of adjoining sections of sidewalk.
(4) 
Insufficient slope to adequately drain water from the surface.
(5) 
Other standards of disrepair established by the Township Building Department.
(6) 
Where a portion has raised or settled so as to create an exposed vertical surface of one inch or more.
(7) 
A sidewalk which has in any single area a missing section or sections having a surface area of 16 square inches or more.
(8) 
A sidewalk which by virtue of settling, grading or high surrounding soil can pond water at a depth of one inch at any spot.
(9) 
A sidewalk which exhibits surface deterioration to a depth of 1/2 inch or more in contiguous surface areas of 16 square inches.
(10) 
A sidewalk exhibiting, to a less than standard extent, several of the hazardous conditions indicated above or an obviously hazardous condition not described herein.
B. 
Whenever the Township Building Department shall give any of the above conditions, it may proceed as herein provided. It shall require the replacement or repair thereof according to the standards in Subsection C hereof, as a public necessity, within 30 days of delivery of notice to repair or replace to the adjoining land owner who shall promptly replace or repair said sidewalk within said period. Upon the expiration of the time limit therein for the replacement or repair of such sidewalk, if said land owner has not made such repairs or replacement, the Building Department shall proceed to secure such replacement or repair and the Township Board may assess the entire cost against the adjoining or benefitted property. Where a sidewalk remains defective or in disrepair for a period of 30 days, the abutting property owner shall be deemed to have received notice as herein contemplated.
C. 
All sidewalks or portions thereof hereafter constructed or repaired shall comply with the following specifications:
(1) 
All sidewalks shall be constructed to grade established by existing adjoining walks or by the Township Engineer, in the absence of the foregoing, and shall be paved with a single course of concrete, using limestone aggregate, with a compressive strength of not less than 3,500 pounds per square inch, within 28 days of paving.
(2) 
Paving shall be constructed on a two-inch-thick sand cushion and shall be at least four inches in depth except across driveways, where it shall be at least six inches in depth. Paving joints are to be true to the line and grade at intervals consistent with adjoining or abutting sidewalks. One-inch expansion joints shall be placed through the walk at least every 50 feet, and between walks and other rigid structures.
(3) 
The surface shall be roughened with mechanic's brush to prevent smooth and slippery surfaces.
(4) 
Such additional specifications as may be established by the Township Building Department in particular situations to make the same comply with good engineering practice.
D. 
Under Michigan Public Act 180 of 1986,[1] or Michigan Public Act 35 of 1966, the Township Board may also create a district for the maintenance of sidewalks and direct the Township Supervisor to make a special assessment upon all the lands and premises subject to taxation to defray the expenses of repairing and maintaining sidewalks in the district. The Township Board, in its discretion, may also authorize collection of the cost of such replacement or repair by civil process, counterclaim, or such other means as may be proper for the collection of debts by legal process.
[1]
Editor's Note: See MCLA § 41.721 et seq.
A. 
A permit is required for the installation, repair or cutting of sidewalks or driveway approaches, which permit shall be obtained from the Building Department of the Charter Township of Blackman.
B. 
Whenever a bond or policy of insurance is called for as a condition precedent to the granting of any permit required by this section, such bond or policy of insurance shall be in the sum of $10,000 or such larger sum as the Supervisor or Township Board shall specify as commensurate with risk to the permit applicant and the Township arising out of any injury to or death of members of the public or property damage caused to any member of the public or the Township which might be suffered through the negligent or wanton exercise of the privilege granted under such permit. If a bond is furnished, it shall be conditioned to save harmless the Township from any loss whatsoever resulting from the doing of the thing or the exercise of the privilege for which the permit is required. If a policy of insurance is furnished, it shall insure the permit applicant and the Township against any loss resulting from the personal injury, death or property damage which is caused by the doing of the thing or the exercise of the privilege for which the permit is required.
A. 
All private driveways crossing the sidewalk space (except on unpaved streets where specifications as to mix and type of construction shall prevail where the driveway crosses the sidewalk space only) must be constructed of stone, brick, asphalt or concrete from the curbline to the lot line, and must be placed at a grade to be fixed by the Township Engineer according to the specifications furnished by the Zoning Administrator.
B. 
All sidewalks constructed in the Township shall be five feet in width, except as may be provided for or specified otherwise.
C. 
The Zoning Administrator may authorize the construction of walks of less than five feet in width where the existing walks on the street or on adjacent streets (where the walk is to be constructed on a cross street) are less than five feet in width, and on streets where no walk exists in the block in which the new walk is to be constructed, when, in his opinion, a walk less than five feet in width is ample to accommodate the pedestrian traffic.
D. 
Whenever the Township Board, by resolution, declares the necessity for and directs the construction of sidewalks, crosswalks or driveways in any street in front of or adjoining private property, the Zoning Administrator shall notify the owner or party in interest, as indicated in the most recent tax rolls of the Township, where such sidewalks, crosswalks or driveways are required in front of any lot or parcel of land or adjacent thereto, and shall give notice by publication in the official newspaper of the Township, which notice shall be published once, to construct or rebuild such sidewalks, crosswalks or driveways according to the specifications prepared by the Township Engineer and approved by the Township Board.
E. 
The notice shall be in the following form:
SIDEWALK NOTICE
BUILDING DEPARTMENT
Charter Township of Blackman
___________________________, 20
To Whom It May Concern:
Take notice that by order of the Township Board you are required to construct a sidewalk, crosswalk r driveway on the _____________ side of _______________ Street/Road, in front of or adjoining such lot, lots or parts of lot numbers (insert description) as are owned by you or in which you have an interest, within 30 days from the date hereof, or in default thereof the same will be constructed by the Building Department and the expense thereof, together with the cost of advertising, will be assessed against lot, lots or parts of lots.
____________________________
Zoning Administrator
F. 
Every owner or party in interest of any lot or parcel of land, when notified by the Zoning Administrator to build or rebuild sidewalks, crosswalks or driveways in accordance with the ordinances of the Township, shall promptly comply with the notice and construct or reconstruct the sidewalks, crosswalks or driveways within the time specified in the notice, the Building Department shall construct or reconstruct the sidewalks, crosswalks or driveways as soon as practical. The cost thereof, including advertising, shall be assessed against the lot, lots or parts of lots where such sidewalks, crosswalks or driveways were constructed or reconstructed. If suit or other proceedings are brought against the Township, and if the Township is compelled to pay damages for injuries to any person on account of neglect, such owner or party in interest shall be liable to the Township for the amount of damages so paid, and the same may be collected, if necessary, by suit in the proper court, provided the street is legally opened.
A. 
If any person notified as provided in § 55-56 does not have constructed such sidewalk, crosswalk or driveway within the time mentioned, the Building Department shall construct such sidewalk, crosswalk or driveway in front of or adjoining the premises of the person so in default. The Building Department shall then ascertain the cost and expense of the construction of the sidewalk, crosswalk or driveway and prepare for the Supervisor a report in the form of a tentative assessment roll. The tentative roll shall be made as designated by the Supervisor and shall show the exact amount according to cost and expense that should be assessed against each parcel of land for the sidewalk, crosswalk or driveway so constructed. The Township shall proceed to the completion of the assessment roll from the facts contained in the tentative roll, in legal and proper form, and assess the amount so recorded against the owner or party in interest upon the lot, lots or parts of lots fronting or adjoining the sidewalk, crosswalk or driveway so laid and in proportion to the number of square feet constructed.
B. 
Upon the completion of the roll, the Supervisor shall give notice by one publication in the official newspaper of the Township and by first-class U.S. mail sent to each owner of property affected according to the current assessment roll of the Township that such roll is completed and will remain in his office for 12 days from the date of publication of the notice for the inspection of all concerned. The notice shall be as follows:
SIDEWALK ASSESSMENT NOTICE
OFFICE OF THE SUPERVISOR
Charter Township of Blackman
__________________________, 20
To Whom It May Concern:
Take notice that sidewalk assessment(s) roll No. _______________, pages ____, inclusive, for defraying the cost and expense of constructing cement sidewalks hereinafter described, has been prepared and is now open for inspection, revision or correction in this office, and will be presented to the Township Board at a meeting thereof, to be held on the _______ day of, ____, 20____. The lot or lots described in each roll have been assessed for the cost and expense of constructing the walk-in front of or adjoining the parcels named in such rolls.
Roll No. _________________________________ Lot No. ___________ (Describe same)
Roll No. _________________________________ Lot No. ___________ (Describe same)
SIDEWALK ASSESSMENT NOTICE
OFFICE OF THE SUPERVISOR
Notice is hereby given that an assessment has been made upon all the lots and premises liable to be assessed for said improvement; that a roll of said assessments is now completed and will remain at the Supervisor's office in the Charter Township of Blackman for 15 days from the date of first publication of this notice, that is, from the date hereof until the ________________________________ day of ______, 20_____, at ______________.m., at his office in the Township Hall, and will remain in for a period of six hours on said day, to hear any person or persons desiring to object to any assessments so made, and to review and correct the same, if correction thereof be found necessary.
Any person desiring to object to any assessment so made may, upon filing with the Township Clerk at any time prior to the date last mentioned above, a written protest to be heard before the Board and have his or her said assessment reviewed by said Board. Any person having an interest in the property subject to the proposed special assessment may file a written appeal of the special assessment with the State Tax Tribunal within 30 days after confirmation of the special assessment roll if that special assessment was protested at the hearing.
_______________________________
Township Supervisor
C. 
The Supervisor, upon the last date mentioned in the notice, which date shall be at least 15 days after the publication of the same, and after any needful correction or revision of such roll, shall transmit the roll to which shall be attached the affidavit of publication of the assessment notice, together with the report of the Building Department, to the Board for confirmation. Upon the conformation of the roll, the same shall be transmitted to the Township Treasurer for collection.
D. 
The assessment roll shall contain a list of lots, parts of lots or parcels of land assessed thereon as provided in this section, and the total amount assessed thereon shall be due and payable 30 days after the assessment roll is confirmed by the Board. If the assessment is not paid within the time stated, a penalty of 5% of the amount of assessment, in addition to interest on the assessment at the rate of 6% per year from the date the assessment roll was confirmed by the Board, shall be attached thereto. Assessment so levied shall be a lien upon the lots, parts of lots or parcels of land until paid and, in default of payment of the assessment, the lots, parts of lots or parcels of land so assessed may be sold thereafter in the manner as provided by law for the sale of land for unpaid special assessments.
[Adopted 3-5-2001; amended in its entirety 4-20-2020]
This article shall be known as the "Sidewalk Cleaning Ordinance."
The purpose of this article is to promote the public health, safety, and welfare for the residents of the Charter Township of Blackman by keeping sidewalks clean from ice and snow.
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
The portion of the street right-of-way designed for pedestrian travel.
A. 
The occupant of every lot or premises adjoining any street, or the owner of such lot or premises, if the same is not occupied, shall clear accumulations of ice and snow constituting a threat to the public safety from sidewalks adjoining such lot or premises.
B. 
Whenever, in the judgment of the Township Board or its authorized representative, there exists an accumulation of ice and/or snow upon sidewalks constituting a threat to the public safety, which accumulation has not been cleared for a period of 24 hours, the Township Board or its authorized representative may cause such accumulation to be cleared forthwith, and the costs thereof to be reported to the Township Assessor for the purposes of assessment against the premises as a special assessment as provided by law. If the Township Board does not, by resolution, designate an authorized representative then the Township Supervisor shall be the Township Board's authorized representative.
The failure of any occupant or owner (if the premises is unoccupied) to clear accumulations of ice and snow from sidewalks adjoining his property, in accordance with the requirements of this section, shall be a misdemeanor punishable by up to 90 days in jail and/or a fine not to exceed $500.