(A) Control. The Council shall have the exclusive control of all sidewalks in the public streets and alleys of the village.
(B) Owners and occupants. The owner(s) or occupant(s) of any lot(s) or premises shall be required to build, rebuild, and maintain sidewalks in the public streets adjacent to or abutting upon the lot(s) or premises, to keep the same in repair at all times, to remove all snow and ice, and to keep the same free from obstructions, encroachments, encumbrances, filth, and other nuisances.
(C) Construction. Whenever the Council shall determine that a sidewalk in the public streets or alleys of the village needs to be constructed or rebuilt, or is in need of repair, it shall, by resolution, establish the specifications and dimensions of the work required to be performed, the manner and method in which the same shall be done, and describe the property adjacent to or abutting upon the sidewalk(s). When construction is commenced on vacant property, the property owner shall complete construction of the sidewalks prior to the issuance of a certificate of occupancy by the village.
(D) Resolution and notice. Upon the adoption of a resolution by the Council as provided in division (C) above, the Clerk shall cause a copy of the same to be served upon the owner(s) and occupant(s) of the property described therein, in person or by certified mail, together with a notice requiring the work specified therein to be completed within 15 days and advising the owner(s) or occupant(s) that the Village Council may cause any work specified in the resolution to be done thereafter and assess the costs and expenses thereof to be levied as a special assessment against the lot(s) or premises as provided in division (E) below.
(E) Failure. If the owner(s) or occupant(s) of any lot(s) or premises shall fail to construct, rebuild, or repair any particular sidewalk(s), as specified in the terms of any resolution adopted pursuant to division (C) above, or shall fail to keep the same in repair, or remove the snow, ice, and filth, or to remove and keep the same free from obstructions, encroachments, encumbrances, or other nuisances, or shall fail to perform any other duty required by the Council in respect to the sidewalk(s), the Council may cause the same to be done and the amount of all expenses incurred and not paid by the village pursuant to division (F) below, together with a penalty of 10% in addition thereto, to be levied by it as a special tax or assessment upon the lot(s) or premises adjacent to and abutting upon the sidewalk(s), which special assessment shall be subject to review after proper notice has been given as in all other cases of special assessments as provided in Public Act 4 of 1974,being M.C.L.A. §§ 61.1, 67.25, 68.31 through 68.35, 69.6, 69.21 through 69.23, 69.25, 71.3, and 71.4; and the assessment when confirmed shall be a lien upon the lot(s) or premises the same as other special assessments, and the Council shall order the assessor of the village to spread the amount, together with the penalty, upon the roll as a special assessment upon the lot(s) or premises, and the same shall be collected in the same manner as other village taxes; or the village may collect the amount, together with the penalty aforesaid, from the owner or occupant of the premises in a civil suit, together with costs of suit.
(F) Expense of sidewalks and time frame.
(1) Responsibility for costs. The division of the sidewalk construction costs shall be as follows.
(a) For existing sidewalks being repaired/replaced or sidewalks being constructed on property with existing residential or commercial buildings, the village shall assume 50% of the cost and the remaining 50% shall be the responsibility of the individual property owner.
(b) In the case of sidewalk construction on vacant property, the property owner is responsible for 100% of the construction costs for the new sidewalks, regardless of the zoning.
(2) Time extensions. There shall be no time extension for repair or replacement of existing sidewalks. Time extensions for construction of new sidewalks on vacant property shall be granted by the village in the form of an application for a variance from the Village Council, with applicable fees and costs. Any variance granted which allows a time extension of more than 120 days will require a recordation of a document evidencing the time frame to complete construction at the County Register of Deeds. The Village Attorney shall draft the document for recording at the property owner's expense. A copy of the document shall be provided to the village within ten business days of the granting of the variance or the variance will be null and void.
(G) Effective date. This section shall take effect immediately upon publication.
(Ord. 91, passed 9-13-1982; Ord. 145, passed 8-4-1997) Penalty, see § 92.99