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Whenever any sidewalks shall have been constructed, rebuilt or repaired, it shall be the duty of the Street Commissioner to report to the Council in writing at its next regular meeting thereafter whether such sidewalk has been built in conformity to this subchapter and whether the repairs have been made in accordance herewith or as ordered. In case of any sidewalk having not been built, changed, rebuilt or repaired within the time allowed therefor as specified in this subchapter and the notice and resolution, he shall as soon as practicable thereafter build, rebuild, change or repair the sidewalk as specified in the notice and the resolution and report the expense thereof to the City Council in writing.
('77 Code, § 17.209) (Ord. 19, eff. 7-15-05)
(A) All sidewalks ordered constructed, rebuilt, repaired or changed by the Council shall be completed when personal service is obtained upon either the owner or occupant within 20 days from the date of the service of such notice. In cases of posting and publication within 30 days from the date of publication, which time shall be in all cases specified in the notice to such person as aforesaid. Provided, however, where repairs only are required upon the walk the time allowed therefor may be no less than 24 hours to be determined by the Street Committee of the City Council, in all instances according to the exigencies of the case.
('77 Code, § 17.210)
(B) Whenever any order made by the Council for the construction, rebuilding or repairing of any sidewalk that has not been complied with within the time allowed therefore as specified in the notice and as required by division (A) of this section, and the walk has been built, rebuilt, changed or repaired by the Street Commissioner and reported to the City Council as required in § 97.38, the expense thereof shall be defrayed by special assessment upon the lot or lots, lands and premises adjacent to and abutting upon the walk.
('77 Code, § 17.211)
(Ord. 19, eff. 7-15-05)
The Council shall examine the report of expenses and if satisfied that the same is correct add thereto 10% of the cost as a penalty for the non-construction of the walk by the owner or occupant, which amount shall be, under the direction of the Council, reported to the Board of Special Assessors by the Clerk, to be by them levied as a special tax or assessment upon the lot or premises adjacent to and abutting upon the sidewalk, which special assessment shall be subject to review after proper notice has been given as in all other cases of special assessment provided for by the laws of Michigan governing cities of the fourth class. Such tax, when confirmed, shall be a lien upon such lot or lots, land and premises, the same as other special assessments, and the Council shall order the Assessor of the city to spread the amount, together with the penalty, upon his roll as a special assessment upon such lot or premises and the same shall be collected in the same manner as other city taxes. After notice and confirmation of the special assessment roll the city may collect such amount, together with the penalty aforesaid, from the owner or occupant of the premises in an action of assumpsit, together with the costs of suit. Upon the confirmation of any special assessment roll as provided in this section, the amount thereof may be divided by the Council into not more than three installments, one of which shall be collected each year at such times as the Council shall determine with annual interest at a rate not exceeding 6% per annum, but the whole assessment after confirmation may be paid to the City Treasurer at any time in full with proportionate interest thereon.
('77 Code, § 17.212) (Ord. 19, eff. 7-15-05)
Whenever the Council shall determine to make a special assessment to defray the expense of construction, repairing or rebuilding of any sidewalk as provided for herein, the City Clerk shall serve copies thereof upon the Board of Special Assessors, who upon receiving such report, shall at once proceed to make such assessment and report the same to the City Council for action as provided by laws of Michigan governing cities of the fourth class.
('77 Code, § 17.213) (Ord. 19, eff. 7-15-05)
The Street Commissioner shall have the supervision and care of the sidewalks of the city and of the building and rebuilding, repairing and changing of the same, subject to the direction of the City Engineer of the city, and it shall be his duty to see that the provisions of this subchapter and §§ 97.01 through 97.04 are complied with and report all violations thereof to the Council. He shall further make such additional inspection of walks as the Council may direct.
('77 Code, § 17.215) (Ord. 19, eff. 7-15-05)
(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be subject to the provisions of § 10.99.
(B) Any person who shall violate any provisions of §§ 97.04 and 97.37 of this chapter shall be punished upon conviction thereof before any court of competent jurisdiction by a fine not exceeding $50 and costs of prosecution or by imprisonment in the county jail of Sanilac County not to exceed 60 days or by both fine and imprisonment in the discretion of the court. In case a fine is imposed the offender may be imprisoned by order of the court in the county jail until the fine is paid, not exceeding, however, 60 days.
('77 Code, § 17.220) (Ord. 19, eff. 7-15-05)
(C) Any person or persons found to be in violation of any of the provisions of §§ 97.15 through 97.20, shall be deemed guilty of committing a misdemeanor and shall be punished therefore by a fine not in excess of $100.
('77 Code, § 17.008) (Ord. 166, eff. 11-4-66)