[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-24-1998 by Ord. No. 249]
It is hereby declared necessary for the protection of the health and safety of the residents of the Township of Grosse Ile to adopt an ordinance to provide for maintenance of sidewalks. No person shall allow or permit any sidewalk which adjoins his/her property to fall into a state of disrepair or become "unsafe" for pedestrian travel.
No person shall construct or replace any sidewalk except in accordance with the lines, grade, slope and specification established by the Township Department of Community Development. No person shall construct or replace any sidewalk without a permit from the Township Department of Community Development.
Sidewalks must be maintained in reasonable repair so that it is reasonably safe and convenient for public travel. No person shall permit any sidewalk which adjoins or abuts property owned by him to fall into a state of disrepair or be unsafe for pedestrian travel. This requirement applies to any adjoining driveway approach too. Any existing sidewalk in the Township must be continued and maintained by the abutting property owner and may not be abandoned or removed.
Upon written notice from the Township of Grosse Ile that a sidewalk is unsafe for pedestrian travel, the abutting owner shall replace such sidewalk within 60 days of the date of the notice. The Township may at its discretion extend the time for replacement for good reason such as weather conditions or other extenuating circumstances which may interfere with such replacement.
The notice referred to in § 235-4 shall be sent by the Township Department of Community Development or other department or person as the Township Manager may authorize to send such notice. The notice shall be mailed to the owner of the abutting premises to the last known address of said owner or, if the owner or his or her address is unknown, by delivery of said notice to a person of suitable age and discretion at the premises or, if such person cannot be located, by posting such notice in some conspicuous place on the premises. The notice shall specify the replacement of sidewalks that are required.
If the owner fails to replace the sidewalk as directed by the notice, the Department of Community Development shall report same to the Township Board with the request that the Township be authorized to replace the same. The Township Board may determine to replace the sidewalk by resolution and order the Department of Community Development to have the work completed by an authorized contractor. The cost of replacement incurred by the Township shall be assessed against the premises abutting such sidewalk and the owner thereof.
No person shall use any equipment which will cause damage to the sidewalk.
Upon receipt of the report from the Department of Community Development as set forth in § 235-6, the Township Board may order the replacement of, or may replace, a sidewalk in a designated area within the Township for the benefit of the health, safety, or welfare of the residents of the Township. The Township Board shall hold a public meeting relative to the ordering of the sidewalk replacement and shall notify the property owners involved of the time and place of the hearing by mailing a notice to the last known address of the property owner by first class mail at least 10 days prior to the public meeting and such notice shall be published at least once in the newspaper not less than 10 days prior to such hearing. If the Board determines that the replacement of the sidewalk is necessary, it may replace the sidewalk and assess the cost to the property involved and the owner thereof, payable over a five-year period, or it may permit the owners of the property involved to have the sidewalk replaced according to Township specifications at their own expenses. However, if the property owner has failed to replace the sidewalk within 60 days of the Board determination that the replacement of the sidewalk is necessary, then the Township shall proceed with the replacement and assess the cost to the property owner. If required, sidewalks replaced on the right-of-way of county roads must have the approval of the county highway authority having jurisdiction over the road. All unpaid installments shall bear interest payable annually on each installment due date, at a rate to be set by the Township Board, not exceeding one percent above the average rate of interest borne by any special assessment bonds issued by the Township in anticipation in all or part of the unpaid installments.
If the Township Board directs that the replacement of the sidewalk should be done, then the Township Department of Community Development shall report the costs incurred by the Township for the said replacement of the sidewalk to the Township Board. The Township Board upon receipt of this information shall appoint a time and place when it will meet and hear any objections to the report of cost to be assessed against the property. Notice of the hearing shall be given by first class mail at least 10 days in advance of the hearing to the property owner and by publishing at least once in the newspaper at least 10 days prior to the hearing. Failure to give notice shall not invalidate the assessment and after the hearing the Township Board intends to have the property assessed for the work done by the Township, then the Board shall confirm the cost to be assessed and this confirmation shall be delivered to the Township Treasurer for collection of the assessments in accordance with the directions of the Township Board.