(A) No person shall construct, reconstruct, repair, or remove any sidewalk except in accordance with the line, grade, slope, and other specifications established by the village.
(B) No person shall permit any sidewalk which adjoins property owned by him or her to fall into a state of disrepair or to be unsafe.
(C) (1) If a new driveway is to be constructed, or an existing driveway relocated, the owner of the real property shall, if the proposed driveway crosses an existing village sidewalk, cause a portion of the sidewalk to be replaced with a new sidewalk a minimum of 16 feet (or the width of the driveway) in length, 4 feet in width, and 6 inches in depth of concrete or cement, unless the sidewalk already meets these specifications and is in good condition.
(2) The sidewalk improvement shall occur at the same time as the construction or relocation of the driveway and shall be in accordance with the line, grade, slope, and other specifications established by the village.
(3) For new construction of a building or residence with appurtenant driveway, the specifications of the replacement sidewalk, together with its location and other specifications, shall be part of the land use permit issued pursuant to the Village of Kingsley Zoning Ordinance.
(D) Whenever the Village Clerk shall determine that a sidewalk is in a state of disrepair or is unsafe, notice shall be given to the owner of the property adjoining that sidewalk as provided in § 10.15.
(E) If the owner fails to repair the sidewalk within 5 days after delivery or posting of notice to repair, the owner shall be in violation of this Code.
(F) If a sidewalk remains out of repair for longer than 5 days after notice has been given, the village may cause the sidewalk to be repaired, and cause the expense of the work, plus a penalty of 10%, to be specially assessed to the owner of the adjoining property, and charged against the lot or premises. In the alternative, the village may bring a civil suit to collect the cost of repair, penalty, and cost of maintaining the suit.
(G) If the village causes any sidewalk to be repaired because of the failure of the abutting owner to do so after notice as provided in division (D) above, the following procedure shall be followed if the village determines to levy the cost of repair as a special assessment.
(1) The village shall hold a public hearing to consider the special assessment proposed to be levied against the property or properties. Notice of the hearing shall be given, in accordance with § 10.15, to each owner of property as indicated on the tax rolls, and in addition to the other individuals or entities whose interest in the property is recorded in the County Register of Deeds. The notice shall be given at least 7 days before the time and place set for hearing, and shall include the amount proposed to be specially assessed against each property.
(2) The notice of hearing shall inform all to whom notice is given that appearance and protest at the hearing is a prerequisite to filing an appeal of the special assessment with the Michigan Tax Tribunal. The notice shall inform all to whom it is given that an appearance may be made in person, or through an authorized representative at the meeting, or may be made in writing before the meeting.
(3) The village shall hold the public hearing, and consider the comments of the owner of property and others concerned, and shall determine and confirm the special assessment to be levied against the property to pay for the repairs.
(4) Notice of the special assessment shall be given, in the manner prescribed in § 10.15, to the parties to whom notice of the hearing of the special assessment was given. The notice of special assessment shall include the amount to be assessed, and shall state that the special assessment may be appealed by filing a petition, in writing, with the Michigan Tax Tribunal within 30 days after the special assessment was confirmed by the Village Council.
(H) Any person who causes damage to any sidewalk in the village shall, within 5 days notice from the village, repair the damage to the satisfaction of the village. Failure to so repair the damage shall be a violation of this chapter. If the damage remains unrepaired for 5 days after notice is given, then the village may repair the damage, and bring a civil suit against the person causing the damage to recover the expenses of repair, a penalty of 10%, and cost of bringing suit.
(I) No person shall, by activities including but not limited to plowing private driveways, parking lots, and sidewalks, place snow, ice, slush, leaves or debris onto, into, or across any street, alley, sidewalk, or other public way.
(Ord. 02 10-09, passed 10-12-2009) Penalty, see § 10.99