Ordinance 19-4-2015
An ordinance to protect the public health, safety and welfare of the citizens of the village, by the adoption of regulations concerning the construction and maintenance of sidewalks within the village.
The Village of Shoreham Ordains:
Section 101: Construction.
A. Necessity for Permit. No person shall construct, lay, or reconstruct any public sidewalk without first obtaining a permit from the village Building Official.
B. Conformity with Specifications. No person shall construct or repair any sidewalk except in accordance with the line, grade, slope and standard specifications established by the Building
Official.
C. Curb Cuts or Openings. No opening, including but not limited to curb cuts, shall be made without first obtaining a permit from the village Building Official. Any such opening or cut, made without first obtaining a permit, will be considered a public nuisance. Any such public nuisance may be abated by the village, which right shall not bar the village from prosecution of the owner or occupant for violation of this section.
Section 102: Responsibilities of Abutting Property Owner
A. Litter, Ice and Snow Removal: The owner and occupant of any lands and premises abutting upon any public sidewalk shall keep the same free of all trash, dirt or litter and shall remove promptly within 72 hours all snow and ice which shall fall or form thereon. In no case shall snow or ice removed from any lot or premises be deposited on such adjoining or abutting sidewalks.
Alternatively, the Village Council may by a two-thirds vote of all members agree to pay such part of the expense of clearing the sidewalks as they may deem proper from the major road fund.
B. Failure to Clear: An owner or occupant who fails to clear the sidewalk abutting or adjoining a property shall be deemed in violation of this ordinance and, in addition, the Village
Council President or his/her designee may cause the sidewalks to be cleared, using village funds, whenever such accumulation of snow and/or ice exceeds two inches in depth, and to cause such sidewalk to be salted, when, in his/her estimation sufficient ice exists to be hazardous to pedestrians, and the actual cost of removal and/or deicing and other related expenses shall

become a debt to the village from the owner of the lot or premises to be reported and levied as a special tax or assessment upon the lot or premises, which amount may be collected according to the laws of the State.
C. Expenses of Construction, Maintenance and Repair: The Village Council shall have the power to construct, maintain and repair all public sidewalks and to charge the expenses for such upon the owner or occupant of each lot or premises abutting or adjoining the public sidewalks.
The village council shall also have the power to require the owners of each lot or premises abutting or adjoining the public sidewalk to construct or maintain the sidewalks in a manner and within such time as the Village Council may by resolution prescribe. The expenses of such construction and/or maintenance shall be paid by the owner or occupant of such abutting property.
Alternatively, the Village Council may by a two-thirds vote of all members agree to pay such part of the expense of building or maintaining the public sidewalks as they may deem proper from the major road fund.
D. Failure to Construct, Maintain or Repair: An owner or occupant described above who fails to construct, maintain or repair the sidewalk as directed by this ordinance shall be deemed in violation of this ordinance and, in addition, the village may instead construct, maintain or repair the sidewalk and the amount of all costs and other expenses of such construction, maintenance or repair, shall become a debt to the village from the owner of the lot or premises to be reported and levied as a special tax or assessment upon the lot or premises, which amount may be collected according to the laws of the State.
Section 103: Encroachment and Excavation
No person shall obstruct or encroach upon any public sidewalk or excavate under any public sidewalk or place any signs, awnings, awning posts or other items on or over public sidewalks without a permit from the Village Council.
Section 104: Violations
Any person, owner or designated representative admitting responsibility or found guilty of violating any provision of this ordinance, shall be guilty of a Municipal Civil Infraction as provided for by Act 236 of the Public Acts of 1961, as amended, and shall be punished by a fine of $50.00 for the first violation, $100.00 for the second violation and $150.00 for the third and each subsequent violation. Each violation of the provisions hereof shall be deemed a separate offense.
Section 105: Effective Date

This ordinance was adopted on the 14 th day of October, 2015 by the Village of Shoreham Council by a vote of 7 Ayes (unanimous): Stan Capua, Stephanie Clarke, Bruce Cole, Ken Keller, Bob
Lawrence, Reneta Mais and Bruno Trapikas.
This ordinance shall take effect 21 days after its enactment.
Date: 10/15/2015 __________________________________________________________
Bruno Trapikas, President
Village of Shoreham, MI
Date: 10/15/2015 __________________________________________________________
Debra Trapikas, Clerk
Village of Shoreham, MI
I, Debra Trapikas, Village of Shoreham Clerk, hereby certify that the above ordinance was adopted on the 14 th day of October, 2015. The notice of adoption was published in the Herald Palladium newsletter on the ____ day of October, 2015 and will become effective at 12:01a.m. on November 5,
2015.
___________________________________________________________
Debra Trapikas, Clerk
Village of Shoreham, MI