Sidewalks damaged prior to occupancy shall be fully repaired prior to the date of issuance of a final occupancy certificate or, in lieu thereof, a cash escrow for repairs shall be posted with the township in an amount as determined by the Building Department or the Department of Public Works.
An owner or owners of property shall, jointly and severally, in accordance with the provisions of this chapter, maintain the sidewalk free from defects and encroachments and in good repair.
When the sidewalk to be installed or requiring repair, maintenance or reconstruction is contiguous or adjacent to more than one lot or parcel, costs of such work shall be prorated on the basis of front footage between the property owners. Failure of one abutting property owner to undertake such work where the sidewalk abuts more than a single parcel shall not excuse the remaining property owner from the duties established herein.
Property owners are jointly and severally liable pursuant to the following subsections:
(a) Notice. Upon a determination by the Board of Trustees of the Charter Township of Clinton that a sidewalk is required to be constructed, repaired or maintained, the Department of Public Works shall serve a written notice upon the owner or owners.
Owners of the property shall be determined either from the most current Township tax assessment rolls or from records containing any address as may be available in the office of the Register of Deeds for the County of Macomb. Such owner or owners shall be notified in any of the following ways: personal delivery of a copy of such notice; leaving a copy of such notice with some person of suitable age and discretion who is a member of the household at the residence of such owner; or mailing a copy of such notice, first class mail, addressed to the last known address of such owner. The notice shall be in substantially the following form:
DEFECTIVE/INSTALLATION SIDEWALK NOTICE
TO: (insert name of all property owners)
NOTICE IS HEREBY GIVEN THAT THE BOARD OF TRUSTEES OF THE CHARTER TOWNSHIP OF CLINTON HAS DETERMINED THAT CONSTRUCTION, REPAIR OR MAINTENANCE OF SIDEWALKS IS NECESSARY BECAUSE OF THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE TOWNSHIP. (State repair needed.)
YOU ARE FURTHER NOTIFIED THAT YOU SHALL IMMEDIATELY CAUSE THE NECESSARY CONSTRUCTION, REPAIRS OR MAINTENANCE AS SET FORTH IN THIS NOTICE IN COMPLIANCE WITH APPLICABLE LAW. WORK MUST BE COMPLETED PRIOR TO (Insert Date). THE SIDEWALK REVIEW COMMITTEE WILL MEET ON (Insert Date) TO CONSIDER ANY TIMELY APPEALS. APPEALS ARE CONSIDERED ON THE BASIS OF HARDSHIP AND UNIQUE CIRCUMSTANCES. APPEALS MUST BE FILED IN WRITING WITHIN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS WITHIN SEVEN (7) DAYS AFTER THE DATE OF THIS NOTICE.
YOU ARE FURTHER NOTIFIED THAT IN THE EVENT YOU DO NOT TIMELY COMPLETE THE REQUIRED WORK IN A SATISFACTORY MANNER, THE TOWNSHIP WILL COMPLETE THE REQUIRED WORK AND ASSESS COSTS TO THE PROPERTY OR PROPERTIES INVOLVED, PAYABLE OVER A FIVE (5) YEAR PERIOD WHICH WILL INCLUDE ADMINISTRATIVE COSTS AND PROFESSIONAL FEES, IF ANY. SUCH COSTS IF REMAINING UNPAID IN EACH YEAR SHALL BE COLLECTED IN THE SAME MANNER AS AD VALOREM REAL PROPERTY TAXES WITH THE SAME INTEREST AND PENALTIES.
(b) Procedures for Construction, Repair and Maintenance. The Department of Public Works shall investigate and make a recommendation to the Township Board, identifying a project area for construction, repair or maintenance of a sidewalk. Following receipt of the recommendation from the Department of Public Works, the Township Board shall hold a public meeting relative to ordering sidewalk construction, repair or maintenance after advising property owners by first class mail of the time and place for hearing. If the Board determines that construction, repair or maintenance is necessary, upon the exhaustion of appeal procedures before the Sidewalk Review Committee as appointed pursuant to Section 1022.02, the Department of Public Works shall review the subject property to determine whether a timely or proper installation, repair or reconstruction has occurred. If the same has not occurred, the Township may construct, repair or maintain the sidewalks and assess costs to the property involved, payable over a five year period, including administrative costs and professional fees, if any. Assessments, if unpaid shall be collected in the same manner as ad valorem real property taxes, including interest and penalties.
(c) Proration of Costs. If the sidewalk to be constructed, repaired or maintained is contiguous to one lot or parcel of land, the total cost of such work as completed, shall be prorated for assessment purposes on the basis of the front footage of the lots affected.
(d) Authority with Roadway Jurisdiction. Following approval by the Township, the Township Clerk shall transmit to the agency having jurisdiction over the highway or road, either the Board of County Road Commissioners for Macomb County, or the Michigan Department of Transportation, a request for approval of construction, repairs or maintenance. Approval from such highway authority having jurisdiction for such work shall be obtained.
(Ord. 195-A-3. Passed 9-30-91; Ord. 346. Passed 6-30-03.)