Bear Lake Village Ordinance: 2009.01 – Sidewalk Ordinance

An ordinance to establish safety regulations and rules regarding the sidewalks in the Village of Bear Lake and to repeal all ordi­nances in conflict herewith.

Section 1. Description
The following words, terms and phrases, when used in this ordi­nance, shall have the meanings described to them in this section, except where the context clearly indicates a different meaning
VILLAGE means the Village of Bear Lake.
SIDEWALK means the portion of the street right-of-way designed for pedestrian travel along the business and residential district areas.

Section 2 .Construction and Repair

If the Village deems the sidewalk in need of repair, the Village will pay 50% and the property owner will pay the other 50%. A notice will be sent to the property owner prior to repair.
Under no circumstances shall the Village pay for any portion of the cost of sidewalk construction, repair or reconstruction where a sidewalk has been damaged by willful misuse or carelessness as could perceivably occur with heavy construction equipment or similar items. For such costs, the abutting property owner shall be one hundred percent liable and responsible

Section 3. Specifications

Sidewalks shall not be less than three and five-eighths (3 5/8) inches in thickness and expan­sion paper shall be placed in the joints. The sidewalk shall be no less than five (5) inches thick with expansive joints for the ar­eas of ingress or regress for heavy vehicles or similar equip­ment

Section 4. Obstructions

The property owner and/or occu­pant of every lot or premise shall keep clear all sidewalks adjoin­ing such lot or premises from any obstructions including, but not limited to signs, structures, vehi­cles, materials, debris, construc­tion equipment or other similar items. An area of at least four ( 4) feet of sidewalk space must be clear for the free passaged pe­destrians. If construction or repair equip­ment of any kind is erected within the four feet of clear side­walk space for pedestrians, proof of liability insurance must be pro­duced by said contractor with a copy attached to the contract and/or estimate and be submit­ted to the Village of Bear Lake prior to repair or construction. Construction or repair equipment obstruction may not exceed 15 days in a 60 day period without prior approval from the Village.

Section 5. Violations of Ordi­nance

Any person deemed in violation of this ordinance will receive a later requesting compliance and if no action is taken then a letter will be sent to the Manistee County Sheriff’s Department for follow-up. If the two letters pro­duce no action then the person in violation shall be responsible for a civil infraction and shall pay a fine not to exceed five hundred dollars ($500 00) per day

Section 6. Appeals

Any owner who believes the ac­tions of the Village pursuant to this ordinance are improper may appeal the decision. The appeal shall be in writing and shall state in clear and concise language the reasons for the appeal. The appeal should be filed with the Village of Bear Lake within 30 days of fine violation with an appeal hearing to be called within 10 days of receiving ap­peal notice.
At the conclusion of the appeal hearing, the council may affirm, modify or rescind the decision of the Village Council. The decision of the Village Council shall be final.

Section 7. Effective Date and Publication

This ordinance shall be pub­lished within fifteen (15) days af­ter its passage and shall become effective fifteen (15) days after its passage This ordinance was duly adopted on the 18th day of February, 2009 at a regular meeting of the Village Council and will become effective the 5th day of March, 2009.

IN WITNESS WHEREOF, the parties through their duly quali­fied representatives have executed this agreement as of Feb­ruary 18, 2009.
Glen Moore, Village President and Michelle Mortenson,
Village Clerk
February 21, 2009

I, Michelle Mortenson, Village Clerk for the Village of Bear Lake, hereby certifies that the foregoing is a true and correct copy of the Agreement establish­ing the Village of Bear Lake Sidewalk Ordinance 2009.01 adopted at a regular meeting of the said council held on February 21, 2009 and the whole
thereof now in my custody.Michelle Mortenson,
Village Clerk
February 21, 2009