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VILLAGE OF LAKEVIEW
MONTCALM COUNTY, MICHIGAN
ORDINANCE NO. 98-3
Adopted: October 12, 1998
Effective: November 1, 1998
AN ORDINANCE TO PROVIDE FOR THE CONSTRUCTION, ALTERATION, REPAIR,
MAINTENANCE AND GENERAL USE OF SIDEWALK, AND TO PROVIDE FOR MINIMUM
CONSTRUCTION REQUIREMENTS.
THE VILLAGE OF LAKEVIEW ORDAINS:
Section 1: DEFINITIONS
The following terms and definitions, as used herein, shall be
interpreted and construed as defined and shall apply in the
interpretation and enforcement of this ordinance.
A) "Sidewalk" shall mean any sidewalk within a public right-of-way.
The term shall not include any portion of any driveway between the
street and the proposed or existing walk, or any cross walk.
B) "Person" or "Property Owner" shall mean any persons, land owner,
tenant, firm, corporation, partnership, voluntary association or
organization, as well as their agents and contractors.
C) " Construct," "construction," "constructed" shall mean to
install, place
or extend sidewalk to areas where sidewalk currently does not exist.
D) "Replace" shall mean to remove large portions of existing
sidewalk,
that are beyond simple repair. Large portions shall mean more than
twelve (12) feet or three (3) sections.
E) "Repair" shall mean to remove and replace only those small,
specific sections of existing sidewalk where total sidewalk
replacement is not required.
F) "Maintenance" shall mean to provide general care and cleaning of
sidewalks including, but not limited to, removing snow, leaves,
miscellaneous debris from trees, graffiti, and garbage from
sidewalks, as well as the removal of other items that would impede
pedestrian movement over the sidewalk. Normally the responsibility
of abutting property owner.
Section 2: CONSTRUCTION, REPLACEMENT AND REPAIR COST
Any and all costs for the construction, replacement, repair or
maintenance of sidewalks within the Village shall be the sole
responsibility of the abutting property owner unless herein
specified. Nothing herein shall be interpreted or constructed as
limiting the ability of the Village to assess such costs through the
special assessment process.
Section 3: SIDEWALK REPAIR OR REPLACEMENT FOR WHICH PROPERTY OWNER
IS RESPONSIBLE
A) Under no circumstances shall the Village pay for any portion of
the cost of sidewalk construction, repair or replacement where a
sidewalk has been damaged due to misuse or neglect caused or
permitted by an abutting property owner as could, by way of example
only, occur due to improper excavation or heavy construction
equipment, moving vans, personal vehicles or similar items on the
sidewalk. For such costs, the abutting property owner shall be
solely liable and responsible.
B) Under no circumstances shall the Village pay for any damage,
unevenness
or settling caused by tree growth, roots or falling limbs and
branches from trees located outside of the road right-of-way or
where a property owner has failed to maintain an abutting sidewalk
as called for in this ordinance. For such costs, the abutting
property owner shall be solely liable and responsible.
C) Where construction, repair, or replacement of otherwise
satisfactory sidewalk is desired by an abutting property owner for
his convenience, (for example, the lowering of grade to provide a
more suitable driveway), for general appearance, or aesthetic
concerns, the property owner shall be solely liable and responsible
for all associated costs.
D) The Village Manager shall have the authority to determine whether
construction, repair, or replacement of any sidewalk is reasonably
necessary based on the standards contained in this ordinance or by
resolution adopted by the Village Council. In the event the Village
Manager determines that construction, repair, or replacement of a
sidewalk is necessary, he shall notify the property owner of such
decision by first class mail, at least twenty (20) days prior to
commencement of any proposed improvement. The property owner may
object by submitting a written appeal of the Village Manager's
decision to the Village Clerk within twenty (20) days of the
original notice and appearing at the next regularly scheduled
Village Council meeting. The Village Council shall then determine
whether the proposed improvement is reasonably necessary.
Section 4: SIDEWALK REPAIR OR REPLACEMENT FOR WHICH VILLAGE OF
LAKEVIEW IS RESPONSIBLE
The Village of Lakeview shall only be responsible for damage due to
sidewalks settling or unevenness resulting from tree growth, falling
tree limbs and branches of trees located within the public
right-of-way, activities of the Public Works Department, or
activities of Contractors retained by the Village.
Section 5: NEW CONSTRUCTION/ DEVELOPMENT WHERE SIDEWALK
DOES NOT EXIST
All development/construction occurring within the Village which is
adjacent to a public street, where sidewalk does not presently
exist, shall include the construction of sidewalks in accordance
with the requirements of this ordinance. Provisions for such
sidewalk construction shall be included as part of site plan review,
subdivision approval and/or as part of the plans submitted for
obtaining a zoning permit. Such newly constructed sidewalk shall be
paid for entirely by the property owner unless otherwise determined
by resolution of the Village Planning Commission as established in
the Village Capital Improvement Plan.
A) New Development/Construction:
Development occurring where added sidewalk would not connect to or
be part of the existing sidewalk system will not be required as part
of the development plans unless the Planning Commission requires
sidewalk during site plan review or future plans are in place to
connect the development's property to the existing sidewalk system.
B) Existing Developments without sidewalks:
Construction and funding method, to install sidewalk, in existing
developments will be based on the Village Capital Improvement Plan.
C) The Village expressly reserves the right to require, as a
condition of zoning, subdivision, or other land use approvals, that
the property owner file a performance guarantee, in a form approved
by the Village, for the construction of sidewalk. The Village
further reserves the right to pay for the construction of sidewalks
through the special assessment process.
Section 6: REMOVAL OF MATERIALS, SUSPENSION OF OBJECTS
A) No person owning, building or repairing any house or other
structures shall permit any lumber, brick, mortar, plaster, earth,
clay, sand, stone or other material to remain on the sidewalk after
sunset of the day upon which it was placed there without sufficient
safety precautions and written permission from the Village Manager.
B) No person shall suspend or cause to be suspended anything above
the sidewalk or within any street right-of-way, unless expressly
authorized by
Village ordinances; provided, hereon, that an awning or marquee no
part of which is less than seven (7) feet above the sidewalk grade
is permitted.
Section 7: DRIVING ON SIDEWALKS
No person shall park, drive, or cause to be driven any vehicle or
ride an animal on any pavement, sidewalk, curbing or gutter, except
at a driveway constructed for such purpose.
Section 8: OBSTRUCTING PUBLIC SIDEWALK
No person or persons shall participate in a crowd or group activity
that, obstructs the sidewalk in such a fashion that would create a
hazard, nuisance, disturbance or which otherwise impedes the
intended free flow of pedestrian traffic on the sidewalk.
Section 9: PEDESTRIAN PASSAGE
An abutting property owner shall ensure at least four (4) feet of
sidewalk space shall be kept clean and clear for free passage of
pedestrians using sidewalk and if building operations, construction
activities, functions or events are such that such free passageway
is temporarily impracticable, a temporary sidewalk with substantial
railing when required or sidewalk shelter built in compliance with
applicable MIOSHA (federal/state) safety standards or as required by
the Village, shall be provided around such obstruction.
Section 10: USE OF PUBLIC SIDEWALK FOR PRIVATE FUNCTIONS
OR EVENTS
The use or temporary closing of any sidewalk, for the purpose of
holding an event or function, or for construction activity, that
inhibits and/or limits the intended use of public sidewalk, shall
require authorization from the Village Council. Regardless of the
event or function, at least four (4) feet of the sidewalk space will
be kept clean and clear for free passage of pedestrians unless
otherwise specified by the Village. The Village Council may require
that a requesting party furnish Hold Harmless agreement as well as
liability insurance naming the Village and its officers and
employees as the beneficiaries of said agreements, for the duration
of said event.
Section 11: SNOW AND ICE REMOVAL FROM SIDEWALK
A) Refer to Village of Lakeview Ordinance #69, Snow and Ice Removal
Section 12: DEPOSITING SNOW AND ICE RESTRICTED
No person shall deposit or cause to be deposited any snow or ice on
or against a fire hydrant or any sidewalk, roadway, public right of
way; except that snow and ice may be deposited on curbs incidental
to cleaning of sidewalks with in the Central Business District. No
snow or ice shall be piled more that three (3) feet high as measured
above the road surface within the right-of-way or on private
property which causes a sight restriction or impairs clear vision
for vehicular traffic traveling in the established streets.
Section 13: PERMITS REQUIRED FOR WORK ON SIDEWALKS, DRIVEWAY
CROSSINGS
No person shall construct, alter or change any sidewalk, driveway
crossing or any opening in or through any curb, adjoining any street
or public right of way within the Village except in accordance with
line, grade, slope and specifications established by the Village,
nor without first submitting a proposed plan with specifications and
obtaining a written permit from the Village Manager.
Section 14: MINIMUM SPECIFICATIONS, CURB CUTS, SIDEWALK CROSSING
All sidewalk specifications are subject to change. Such
specifications shall be established from time to time by resolution
of the Village Council.
Section 15: POWER TO ENTER INTO CONTRACT
The Village Council shall have the power to provide by resolution
the mode of receiving proposals when entering into contracts for
construction and repair of sidewalks, under the provisions of this
ordinance, and the Village Council may, at its option or as required
by law, require the contractor or person constructing or repairing
the sidewalk to furnish a good and sufficient surety bond to insure
proper construction thereof.
Section 17: PUBLIC LIABILITY INSURANCE REQUIRED
Before any permit is issued to the applicant, the Village Manager
shall require such public liability and property damage insurance as
shall protect the Village from claims for damages for personal
injury, including wrongful death, as well as claims for property
damage. Said policy shall name the Village as an additional insured,
by means of certificate of insurance to the Village. Amounts of said
insurance shall be as established by resolution of the Village
Council, from time to time.
Section 18: PENALTIES
Any person, firm, corporation, trust, partnership or other legal
entity which violates or refuses to comply with any provision of
this Ordinance shall be responsible for a municipal civil infraction
and shall be punished by a civil fine of Fifty dollars ($50.00) for
a first violation, One Hundred and Fifty dollars ($150.00) for a
second violation and Five Hundred dollars ($500.00) for the third or
any subsequent violation and shall be liable for the payment of the
costs of prosecution in an amount of not less than nine dollars
($9.00) and not more than five hundred dollars ($500.00).
A) Each day that a violation continues to exist shall constitute a
distinct and separate offense, and shall make the violator liable
for the imposition of a fine for each day.
B) The foregoing penalties shall be in addition to the abatement of
the violation condition and injunctive or other relief prescribed by
the laws of the State of Michigan for the abatement of a public
nuisance or the violation of a Village ordinance as a municipal
civil infraction.
Section 19: EFFECTIVE DATE
This Ordinance shall take effect twenty (20) days after its adoption
as provided by law.
Section 20: PUBLICATION
This Ordinance shall be published by the Village Clerk as provided
by law.
The foregoing Ordinance was offered by the Village Councilperson
Schottle, supported by Village Councilperson Rasmussen, the vote
being as follows:
YEAS: Burlison, Rasmussen, Earhart, McElhinny, Winter, Schottle
NAYS: None
ABSENT: None
ORDINANCE NO. 98-3 DECLARED ADOPTED
_______________________________
Lee Burlison, President
_______________________________
L. John Kehl, Clerk
CERTIFICATION
I hereby certify the foregoing to be a true copy of an Ordinance
adopted by the Village Council of the Village of Lakeview, Montcalm
County, at a regular meeting held on
October 12, 1998, at the Village offices, pursuant to the applicable
statutory procedures.
__________________________________
L. John Kehl, Clerk |
