(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
STREETS. Shall include all highways, alleys, rights-of-way, and public places within the township.
TELECOMMUNICATION PROVIDER. A person or an affiliate of the person each of which for compensation provides one or more telecommunication services.
TELECOMMUNICATION SERVICE. Shall include regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage.
UTILITY. A public service such as a steam heat, electric, power, gas, water, telegraph, communications, pipeline, or gas producing company regulated by the Public Service Commission, whether private, corporate, or cooperative, except a municipally-owned utility.
UTILITY COMPANY. Any public or private person, firm, political subdivision of the State of Michigan, municipality, or corporation whose purpose it is to transmit and maintain any appurtenance for the use of any transmission of a utility.
(Ord. 121, passed 5-17-1999)
(B) It shall be unlawful for any person, firm, political subdivision of the State of Michigan, municipality or corporation or any of its subdivisions to use, enter upon, excavate, construct, lay out, or use for the construction and maintenance, any roadway or street for any telegraph, telephone, or power lines, pipe lines, wires, cables, poles, conduits, sewers, and like structures upon, over, across, or under any public road, bridge, street, or public place in the Township of Montrose; provided that every such telephone, telegraph, power, and other public and private utility company, person, firm, political subdivision of the State of Michigan, municipality, or corporation, before any of the work of the construction or erection shall commence, shall first obtain a permit from the Township of Montrose authorizing the lines, poles, sewers, wires, cables, conduits, or such like structures to be constructed and erected.
(C) Lines, poles, sewers, wires, cables, conduits, or such like structures constructed or erected without the necessary permit or in violation thereof, shall be removed. Lines, poles, sewers, wires, cables, conduits, or such like structures constructed or erected under terms of the permit shall be removed, altered, relocated at the expense of the party to whom the permit is issued if requested by the Township of Montrose to do so.
(D) The applicant shall submit 2 sets of complete design plans with proof of approval of the Genesee County Road Commission to the Township of Montrose, and upon approval and issuance of a permit by the Township Board, shall display their County Road Commission permit to any designated official of the county as the township has hereinafter provided. Ninety days from the date of completion, the applicant must submit the reproducible finished set of plans of the project as constructed to the Township of Montrose.
(E) It shall be the duty of the person, firm, political subdivision of the State of Michigan, municipality, or corporation, to do the construction, maintenance, erection, and the like, in a workmanlike manner and that they shall repair and replace as near as possible the roadway in as near the same condition as is possible and shall do the work on condition that such shall be considered as an agreement on the part of the person, firm, political subdivision of the state, municipality or corporation with the Township of Montrose to keep the same in good repair and condition at all times during their control thereof, to indemnify and save harmless the Township of Montrose from any and all damages actions, claims at law which may arise or be brought by reason of the control, use, construction, and maintenance of the utility.
(F) The Building Inspector is hereby designated as the enforcement officer of this section and it shall be his or her duty to perform all the acts necessary and appropriate for the enforcement of this section. The Township of Montrose may designate some other person to serve at the pleasure of the Township Board as the Building Inspector under this section, in which case, the person shall act as the enforcement officer for this section, and it shall be his or her duty to perform all the acts necessary and appropriate for the enforcement of this section.
(G) This section is to take effect on 1-21-1972.
(Ord. 47, passed 12-13-1971) Penalty, see § 50.99
(A) Montrose township has voted to fix the rate of tap-in fees at $3,000 per first 2 lots or units and $1,500 per lot or unit, thereafter.
(B) The parks will have a master meter for water consumed. The minimum billing will be the Township minimum fee, times the total number of lots or units in the park, plus other buildings using
water.
(C) The township will bill per unit for sewer usage when water is metered. The cost is $20 minimum for the first 1,250 cubic feet and $1.02 rate per 100 cubic feet after minimum, regardless of meter size.
(D) If the parks increase their size, they will have to pay more tap-in fees, plus minimum billing charge will be increased accordingly.
(E) The Township Board hereby approves the rates to the mobile home parks for the use of the sewer system in Montrose Township.
(Res. 99-07, passed 5-17-1999; Am. Res. 03-04, passed 4-15-2003)
(A) Whenever the owner of a property serviced by either or both township sewer and water systems shall have the premises rented or leased to another, the property owner may file an affidavit of non- responsibility with the Township Treasurer, together with a deposit which shall be held as a guarantee of payment of all charges, including shut-off and turn-on fees. Any portion of the deposit not used for the payment of delinquent charges shall be returned to the depositor (as reflected in the affidavit of non-responsibility) upon discontinuance of service to the property, or may be transferred to the credit of a future occupant by written request to transfer received from the depositor.
(1) Deposits shall not bear interest, and in the event that a deposit has been made which is unclaimed by the original depositor within 5 years following discontinuance of service to the tenant(s) reflected on the affidavit, and the city has not received a written request to transfer the deposit to a successor tenant, then the township may forfeit the deposit and transfer the deposit to the water fund or sewer fund of the township.
(2) In the event the township is notified of a change of ownership or occupancy at a premises where an affidavit of non-responsibility has been filed, the township shall require the successor owner or occupant to place a new deposit with the township unless the original depositor shall have transferred the deposit to the owner or successor occupant by a written transfer. The township shall not be obligated to return an original or successor owner or occupant's deposit unless the person entitled thereto shall apply to the Township Treasurer for the return thereof.
(B) Effect of filing affidavit.
(1) The filing of an affidavit of non-responsibility and deposit shall preclude the township from placing a lien upon the premises in accordance with M.C.L.A. § 123.165 for usage charges, although property owners shall, however, remain liable for all tap-in (connection) charges for the use of the township water and sewer supply systems and these charges may be entered upon the tax roll, and shall remain liable for all water and sewer fees during the time(s) when the property is not occupied by a tenant or an approved affidavit has not been accepted and is not on file with the township.
(2) The filing of an affidavit of non-responsibility shall further have the effect of waiving liability for usage charges as to the property owner for that property for so long as the affidavit and deposit remain on file with the township and all annual fees, if applicable, are paid.
(C) An affidavit of non-responsibility shall be in the form as prescribed by the Township Treasurer and shall, in addition to the signature of the owner, be executed by the person(s) in possession of the premises and using the services.
(D) Deposit and fees; failure to pay.
(1) An affidavit of non-responsibility shall be accompanied by a deposit initially established at $225. In addition to the deposit the property owner or tenant shall pay an annual fee to the township initially established at $45 for the first year, and $30 for each year thereafter that the affidavit of non-responsibility remains on file with the township. Failure to pay the annual fee will cause the affidavit of non-responsibility to become null and void immediately and without notice to the property owner or to the tenant.
(2) Whenever an affidavit of non-responsibility shall be properly filed with the required deposit and affidavit fee, then the township will read the water meter of the premises monthly. The township will further submit monthly billings to the tenant at the subject premises and discontinue waster service if the bill is not paid in full after 30 days from its due date in accordance with the procedure established in §§ 51.07 through 51.10.
(Ord. 19-234, passed 6-18-2019)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Penalty for violation of § 50.01 shall be, upon the conviction thereof, a fine of $100 or imprisonment in the county jail not to exceed 90 days, or both the fine and imprisonment at the discretion of the court.
(Ord. 47, passed 12-13-1971)