City Ordinance Chapter 074 - Streets, Sidewalks and Other Public Property

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                                                         Chapter 74


                                                    Article I. In General
                        Sec.   74-1.  Penalty for violation of this chapter.
                        Sec.   74-2.  Erection of utility poles and wires.
                        Sec.   74-3.  Posting advertising matter on utility poles.
                        Sec.   74-4.  Signs or signposts on streets.
                        Sec.   74-5.  Placing goods, wares, etc., on or over sidewalks.
                        Sec.   74-6.  Leaving building materials on sidewalks.
                        Sec.   74-7.  Removal of snow and ice from sidewalks.
                        Sec.   74-8.  Snow and ice from private property not to be placed on street or
                        Sec. 74-9.    Deposit of wastewater or flammable liquids on streets or side-
                        Sec. 74-10.   Leaves, grass, etc., in public ways prohibited.
                        Sec. 74-11.   Entrances or stairs projecting on sidewalks.
                        Sec. 74-12.   Uncovered cellars or excavations.
                        Sec. 74-13.   Gates projecting onto public ways.
                        Sec. 74-14.   Excavating, filling, paving, etc., on public property.
                        Secs. 74-15-74-30. Reserved.

                           Article II. Construction, Repairs, Improvements and Alterations

                                                     Division 1. Generally
                        Sec. 74-31.   Definitions concerning landscaping.
                        Sec. 74-32.   Traffic control.
                        Sec. 74-33.   Restoration.
                        Sec. 74-34.   Liability.
                        Secs. 74-35-74-50. Reserved.

                                                      Division 2.   Permit
                        Sec. 74-51.   Construction, repairs, improvements and alterations.
                        Sec. 74-52.   Permits and bonds; right of review and inspection.
                        Sec. 74-53.   Emergencies.
                        Secs. 74-54-74-80. Reserved.

                                           Article III. Sidewalk Improvements
                        Sec.   74-81.  Sidewalk maintenance.
                        Sec.   74-82. Authority of city commission to order work done.
                        Sec.   74-83.  Establishing grades.
                        Sec.   74-84. Authority to assess costs against owner of abutting property.
                        Sec.   74-85.  Notice to owners or occupants of property contiguous to defective
                        Sec. 74-86.    Work by city.
                        Secs. 74-87-74-110. Reserved.

    *State law references-City control of highways, Mich. Const. 1963, art. VII, § 29; city authority to acquire, own, establish
and maintain boulevards, Mich. Const. 1963, art. VII,§ 23; obstructions and encroachments on public highways, MCL 247.171 et
seq.; closing of highway for repairs, MCL 247.291 et seq.; driveways, banners, events and parades, MCL 247.321 et seq.; liability
of local government for injury from the result of not keeping highway in reasonable repair, MCL 691.1402; protection of
underground facilities, MCL 460.701 et seq.

                             MUSKEGON CITY CODE

                    Article Iv. Street Numbers for Buildings
Sec. 74-111.  Required.
Sec. 74-112.  Plan on file; inspection.
Sec. 74-113.  Duty of city engineer to furnish numbers.
Sec. 74-114.  Duty of owner to affix numbers.
Sec. 74-115.  Display of unofficial number prohibited.
Sec. 74-116.  Penalty for violation of article.
Secs. 74-117-74-140. Reserved.

                 Article V. Public and Private Utility Franchises
Sec. 74-141.  Definitions.
Sec. 74-142.  Utility franchise required.
Sec. 74-143.  Standards for granting of franchise.
Sec. 74-144.  Application for franchise.
Secs. 74-145-74-199. Reserved.

                           Article VI. Encroachments
Sec.   74-200.Definitions.
Sec.   74-201.Permits required.
Sec.   74-202.Application for permit.
Sec.   74-203.Encroachment permit classifications.
Sec.   74-204.Existing encroachments.
Sec.   74-205.Approval of encroachments by city.
Sec.   74-206.Permit fees.
Sec.   74-207.Late payment penalty.
Sec.   74-208.Insurance requirement.
Sec.   74-209.Inspection.
Sec.   74-210.Permit revocable at any time.
Sec.   74-211.Removal of encroachment upon failure to apply for permit, pay
              permit fee, or maintain liability insurance.
Sec. 74-212.  Removal of unsafe encroachments.
Sec. 74-213.  Temporary encroachments.
Sec. 74-214.  Delegation of authority.
Secs. 74-215-74-270. Reserved.

             Article VII. Street or Alley Vacation or Renaming
Sec.   74-271.     Procedure for street changes.
Sec.   74-272.     Petition for changes; fee.
Sec.   74-273.     Public hearing.
Sec.   74-274.     Determination to grant petition.
Sec.   74-275.     Record of petitions granted.

                               STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY                             § 74-7

          ARTICLE I. IN GENERAL                         and except signs of churches and other nonprofit
                                                        organizations approved by the city manager and
Sec. 74-1. Penalty for violation of this chap-          installed and maintained under the supervision
           ter.                                         and control of the police department.
                                                        (Code 1975, § 18-3; Code 2002, § 74-4)
   Any person who violates any provision of this
chapter shall be responsible for a municipal civil      Sec. 74-5. Placing goods, wares, etc., on or
infraction.                                                        over sidewalks.
(Code 1975, § 18-29; Code 2002, § 74-1)
                                                           (a) Except as otherwise specifically provided,
Sec. 74-2. Erection of utility poles and wires.         no person shall place or suffer to remain any
                                                        goods, wares, merchandise, boxes or other articles
   (a) No person shall erect any telegraph, tele-       or thing in front of any store or shop on or above
phone or electric light pole or wire within any         the sidewalk, except awnings and signs.
street, alley or other public ground of the city
without first obtaining a permit therefor. All such        (b) Persons may use the sidewalks of the city
poles and wires shall be erected under the super-       in receiving or delivering goods, wares and mer-
vision of the city engineer, but no wires shall be      chandise, provided a clear passageway of at least
erected over the fire alarm telegraph wires, nor        six feet is left and maintained on the sidewalk for
shall any wires be erected or placed within 25 feet     the use of pedestrians. No person receiving or
of the ground in any street, alley or other public      delivering such goods, wares or merchandise shall
place in the city.                                      suffer such goods to be or remain upon a sidewalk
                                                        for a period of more than six hours.
   (b) The provisions of this section shall not be      (Code 1975, § 18-4; Code 2002, § 74-5)
construed as granting any right to the mainte-
nance of any poles and wires already erected in         Sec. 74-6. Leaving building materials on
the streets, alleys or other public grounds of the                 sidewalks.
city, except such rights as have heretofore been
granted by the city commission, and the right to           No person owning, building or repairing any
compel the removal or change of any such poles          house or other building shall permit any lumber,
and wires is reserved.                                  brick, plaster, mortar, earth, clay, cement, stone
(Code 1975, § 18-1; Code 2002, § 74-2)                  or other material to remain on the sidewalk after
                                                        sunset of the day on which it was placed there
Sec. 74-3. Posting advertising matter on util-          without a permit from the city.
           ity poles.                                   (Code 1975, § 18-5; Code 2002, § 74-6)
   No person shall hang, post, place, paste or put
                                                        Sec. 74-7. Removal of snow and ice from
up any handbill, bill, notice, advertisement, sign,
placard, card or any other advertising device or
matter on any telegraph, telephone or electric             (a) The owner, occupant and/or person in charge
light pole erected in any street, alley or other        of each property located within the city shall,
public place in the city, except signs by any           within 24 hours after the cessation of any storm
government authority.                                   depositing snow on the sidewalk abutting the
(Code 1975, § 18-2; Code 2002, § 74-3)                  property or as soon as practical, clear the snow
                                                        from the sidewalk.
Sec. 74-4. Signs or signposts on streets.
                                                           (b) Each violation and each day on which a
   No person shall place or cause to be placed any      violation occurs and continues shall constitute a
sign or signpost upon any sidewalk, terrace, park-      separate offense. This section shall not preclude
way or other portion of any public street in the        the city from maintaining any other appropriate
city, except traffic control devices and street mark-   action to prevent or remove a violation of this
ers installed and maintained by the city or state,      chapter.

§ 74-7                                      MUSKEGON CITY CODE

   (c) A police officer or other city employee au-      Sec. 74-11. Entrances or stairs projecting on
thorized by the city manager in writing and filed                   sidewalks.
with city clerk may issue civil infraction tickets to
enforce the provisions of this section.                    Every entrance or flight of stairs projecting
                                                        beyond the building line on the sidewalk and
  (d) Any person violating the provisions of this       descending into any cellar or basement story shall
chapter shall be responsible for a civil infraction     be enclosed with a permanent iron railing on each
and fined accordingly.                                  side, not less than three feet high, with a gate
(Code 1975, § 18-8(a); Code 2002, § 74-7; Ord. No.      opening into the entrance or stairs, and such
2318, § 74-7, 3-11-2014)                                entrance and stairs shall be thoroughly lighted to
                                                        prevent accidents, and such projection shall not
Sec. 74-8. Snow and ice from private prop-              occupy more than one-fifth of the width of the
           erty not to be placed on street or           sidewalk.
           sidewalk.                                    (Code 1975, § 18-12; Code 2002, § 74-11)
   No person shall move, or cause to be moved,
any snow or ice from any private property upon          Sec. 74-12. Uncovered cellars or excavations.
any public sidewalk pavement, alley or roadway             Any cellar or other excavation left uncovered
in the city.                                            by the burning or removal of the buildings there-
(Code 1975, § 18-9; Code 2002, § 74-8)                  from shall be enclosed by the owner or occupant of
                                                        the premises with a sufficient fence or barrier to
Sec. 74-9. Deposit of wastewater or flamma-             prevent accidents.
           ble liquids on streets or side-              (Code 1975, § 18-13; Code 2002, § 74-12)
   No person shall throw, or cause to be thrown,        Sec. 74-13. Gates projecting onto public
any wastewater, or cause or permit flammable                        ways.
liquids, oil or grease to flow or be washed into or         (a) No person shall construct, hang, place or
upon any public street or sidewalk of the city.         maintain any gate upon any premises owned,
(Code 1975, § 18-10; Code 2002, § 74-9)                 controlled or occupied by him in the city, nor
                                                        suffer such work to be done, in such manner as to
Sec. 74-10. Leaves, grass, etc., in public ways         project over or obstruct any part of the sidewalk
            prohibited.                                 or street adjacent to the premises. Provided, how-
   (a) No person shall cause to be placed any           ever, that nothing in this section shall be held to
grass clippings, leaves, lawn rakings, tree or bush     apply to gates at railroad crossings or elsewhere
trimmings, tree trunks, stumps, ashes, soil dirt or     when placed or maintained by competent author-
household debris in or on any public sidewalk,          ity.
pavement, gutter, drain, ditch, alley or roadway          (b) All gates in the city shall be so constructed
in the city.                                            that such gates cannot swing outwards into the
  (b) No materials may be used in the improve-          public ways of the city.
ment of streets, alleys or roadways without per-        (Code 1975, § 18-14; Code 2002, § 74-13)
mission therefor first being obtained from the city
manager or the director of public works, and the        Sec. 74-14. Excavating, filling, paving, etc.,
use thereof shall be under the direction and                        on public property.
supervision of the director of public works.
                                                           (a) No person shall cart or deposit any wood,
   (c) Persons placing tree trimmings, tree trunks,     stone or other substance into any of the drains or
stumps or household debris on any terrace or            sewers of the city, cause such deposit to be done,
parkway shall cause such material to be removed         cause obstruction or damage in or to such drains
within 48 hours thereafter.                             or sewers, or hinder or obstruct the making or
(Code 1975, § 18-11; Code 2002, § 74-10)                repairing of any pavement, sidewalk or cross-

                              STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY                            § 74-34

walk, drain or sewer being constructed or re-          ARTICLE II. CONSTRUCTION, REPAIRS,
paired under any ordinance or any resolution of         IMPROVEMENTS AND ALTERATIONS
the city commission.
                                                                 DIVISION 1. GENERALLY
   (b) No person, by permit or otherwise, shall
dig or tear up any pavement, sidewalk or cross-        Sec. 74-31. Definitions concerning landscap-
walk or dig any hole, ditch, drain or sewer, or                    ing.
deposit any sand, mortar, gravel, earth, timber or       The following words, terms and phrases, when
building material of any nature, in any street,        used in this article, shall have the meanings
alley or public place or on any property abutting      ascribed to them in this section, except where the
any public place, unless such property shall be        context clearly indicates a different meaning:
well and sufficiently guarded by a railing, fence or
                                                          Major landscaping and landscaped changes
barrier at least three feet in height at all times     mean the planting of trees, shrubs growing over
and in such manner as to prevent accidents or          three feet in height, landscaping activities which
injury to persons or property. There shall also be     create vision obstructions or overhanging or en-
placed and kept upon such railing or barrier           croachment into the street. The terms "major
suitable and sufficient colored lights, showing a      landscaping" and "landscaped changes" do not
bright yellow color, from sunset to sunrise during     include damaging, destruction, excavation, re-
the time such excavation, hole, drain or sewer         moval or filling of earth or stone, paving, chang-
remains uncovered or unfilled, and during the          ing grades by filling or removing substances. The
time such sand, mortar, gravel, earth, timber or       terms "major landscaping" and "landscaped
other building material remains in such street,        changes" do not include the normal planting of
alley or public place.                                 low lying flowers and shrubs or planting of grass.
                                                       (Code 1975, § 18-19(5); Code 2002, § 74-31)

   (c) Fences or barriers required by this section     Sec. 74-32. Traffic control.
shall be constructed of good and sufficient boards,
planks or scatlings nailed or fastened to strong          All persons granted a permit under this article
uprights secured to the ground in such a manner        must comply with the guidelines for traffic control
as to render them firm and solid. It shall be the      in accordance with the state manual of uniform
duty of the department of public works to insert       traffic control devices. The city shall inspect the
                                                       work site to ensure compliance with the estab-
in all contracts for the performance of public
                                                       lished guidelines.
works in any street, lane or public place in the
                                                       (Code 1975, § 18-22; Code 2002, § 74-32)
city a covenant requiring the contractor to care-
fully and securely guard such work during its
                                                       Sec. 74-33. Restoration.
progress and to keep and save the city harmless
and indemnified against all loss or damage by             All persons performing any construction, exca-
reason of any negligence or carelessness in the        vation, repair or improvement on the public ways
manner of doing such work.                             must restore the property to its original condition
(Code 1975, § 18-16; Code 2002, § 74-14)               or better. Restoration measures shall be included
                                                       and specified in the plan submitted to the city for
                                                       a permit, and shall be followed.
                                                       (Code 1975, § 18-23; Code 2002, § 74-33)

Secs. 74-15-74-30. Reserved.                           Sec. 74-34. Liability.
                                                          The permittee is liable to the city for any
                                                       resulting damage to any public property that is
                                                       caused by the permittee's activities or failure to

§ 74-34                                      MUSKEGON CITY CODE

comply with the guidelines as established by the                   of any earth or stone from any alley or
city and the state manual of uniform traffic con-                  other right-of-way without first having
trol devices. The permittee shall indemnify the                    obtained a permit.
city against any loss or damage it may sustain by
reason of the permittee's activities, including the          (4)Public utilities. No person shall install,
payment of all claims and damages determined                    remove or repair public utilities on city
against the city, as well as costs associated with              streets, sidewalks, alleys or rights-of-way
such claims, including, but not limited to, fees,               without first obtaining a permit.
court costs, and legal expense of any kind.              (Code 1975, § 18-19(1)-(4); Code 2002, § 74-51)
(Code 1975, § 18-24; Code 2002, § 74-34)                    State law reference-Mandatory that city require com-
                                                         pliance with Public Act No. 53 of 1974, MCL 460.706.
Secs. 74-35-74-50. Reserved.
                                                         Sec. 74-52. Permits and bonds; right of re-
               DIVISION 2. PERMIT                                    view and inspection.

                                                            (a) All permits for any work as described in
Sec. 74-51. Construction, repairs, improve-
            ments and alterations.                       section 74-51 must be obtained from the city.
                                                         Before a permit is granted, the person requesting
   The following acts are prohibited unless the          to repair, construct, excavate, etc., shall submit
individual, franchise, business entity or any other      plans to the city engineering department for re-
person first obtains a permit from the city. In all      view. The city shall review and approve or reject
cases there must be compliance with Public Act           those plans within 30 days. If the city rejects the
No. 53 of 1974 (MCL 460.701 et seq.). Bonds must         proposed plan, written reasons must be given.
be posted as required by resolution.
   (1)    Construction.                                     (b) Permit application fees will be set by type
                                                         of project as determined by resolution. Fees shall
          a.   Driveway. No person shall begin con-      be established by resolution which may include
               struction or modification of a drive-     the following criteria: application fee, additional
               way without first obtaining a permit.     fees based on lineal feet, additional fees based on
          b.   Sidewalks. No person shall begin          each pole or structure placed in the public way,
               construction or modification of a side-   complexity of the project, type of restoration,
               walk without first obtaining a per-       amounts based on the potential damage to the
               mit.                                      surrounding lands, streets and public improve-
   (2)    Excavation, alteration. No person shall
          damage, destroy or make any excavation
                                                            (c) All persons other than public utility fran-
          in any pavement, sidewalk or crosswalk,
                                                         chises are required to file with the city clerk a
          drain or sewer or any part thereof, make
                                                         bond, in a sum to be determined by resolution and
          any excavation in any public street, re-
                                                         approved by the city manager, to indemnify the
          move any earth or stone therefrom, per-
                                                         city against any loss or damage it may sustain by
          form major landscaping or landscape
                                                         reason of such construction, repair or excavation,
          changes in terraces or boulevards, pave
                                                         etc. If, upon approval, a bond is required, the bond
          any street or public way or change the
                                                         must be posted before any work begins. The bond
          grade of any street or public way by filling
                                                         amounts may be based on the following criteria:
          in any earth, stone, sand or gravel, or by
                                                         complexity of the project, type of restoration,
          removing any substance therefrom, with-
                                                         potential damage to the surrounding lands and
          out first having obtained a permit.
                                                         public ways, length of project, amount of permit
   (3)    Alleys and other rights-of-way. No person      fee. The city may require insurance depending on
          shall make any construction, excavation,       the size of the project. Criteria for insurance
          grade changes, filling, paving, or removal     coverage shall be determined by resolution.

                              STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY                             § 74-85

   (d) All construction, repairs, excavations, etc.,   Sec. 74-83. Establishing grades.
must be done in accordance with the guidelines
established by the city. The guidelines shall be          (a) Whenever the city commission shall order
provided to the person applying for a permit upon      any sidewalk to be graded, constructed, raised,
approval of the permit. The city shall inspect the     lowered, relaid or repaired, and the street on
construction, repair, excavation, etc., to deter-      which such work is to be done has not been
mine if there is compliance.                           graded, the city manager shall cause such a grade
(Code 1975, § 18-20; Code 2002, § 74-52)               to be established and shall present a profile
                                                       estimate and specifications to the city commission
Sec. 74-53. Emergencies.                               of the sidewalk to be raised, lowered, relaid or
                                                       repaired, in accordance with the resolution of the
   If an emergency requires immediate repair, the      city commission.
person or public utility performing the repair
must obtain a permit within five working days of          (b) If the street upon which a sidewalk is to be
the emergency. Failure to obtain a permit within       built, repaired, relaid, lowered or raised has been
five working days of the emergency subjects the        surveyed and the grade of the sidewalk estab-
person or utility to an additional fee of 50 percent   lished, all such sidewalks shall be built, repaired,
of the original permit fee amount.                     relaid, lowered or raised according to such grade
(Code 1975, § 18-21; Code 2002, § 74-53)               as already established, and no other survey shall
                                                       be required.
Secs. 74-54-74-80. Reserved.                           (Code 1975, § 18-33; Code 2002, § 74-83)

                                                       Sec. 74-84. Authority to assess costs against
                                                                   owner of abutting property.
                                                          All hazardous sidewalks in the city right-of-
Sec. 74-81. Sidewalk maintenance.                      way may be graded, constructed and repaired,
   All sidewalks within the city shall be kept and     and the expense thereof, except where the work is
maintained in good repair by the owner of the          done by the owner, agent or occupant of the
land adjacent to and abutting upon it. If any          premises contiguous thereto, shall be recovered
owner shall neglect to keep and maintain the           as permitted by section 74-86.
sidewalk along the front, rear, or side of the land    (Code 1975, § 18-35; Code 2002, § 74-84; Ord. No.
owned by him in good repair and safe for the use       2284, § 1(74-84), 10-12-2010)
of the public, the owner shall be liable to the city
for any damages recovered against the city sus-        Sec. 74-85. Notice to owners or occupants of
tained by any person by reason of such sidewalk                    property contiguous to defective
being unsafe and out of repair.                                    sidewalk.
(Code 1975, § 18-31; Code 2002, § 74-81)
                                                          (a) The city may, in its discretion, give written
Sec. 74-82. Authority of city commission to            notice to the owner or the person listed on the tax
            order work done.                           rolls that a sidewalk contiguous to a certain
                                                       property is defective or in need of repair. The
   The city commission may, by resolution, order       letter shall set a time before which the repair
the grading, constructing, raising, lowering, re-      must be completed by the owner or occupant, and
laying or repairing of any sidewalk required to be     shall inform the addressee that the specifications
graded, constructed, raised, lowered, relaid or        for repair and a permit must be obtained from the
repaired in the city, and the city commission may,     city.
by resolution, at any time alter or change the
grade of any sidewalk in the city whenever, in its        (b) The notice shall further inform the owner,
judgment, a change in grade is required.               occupant or person on the tax roll that the city,
(Code 1975, § 18-32; Code 2002, § 74-82)               after the deadline date has passed, may perform

§ 74-85                                      MUSKEGON CITY CODE

the work and recover the associated costs thereof,       Sec. 74-114. Duty of owner to affix numbers.
including assessment costs, as permitted by sec-
                                                            It shall be the duty of the owner or agent of any
tion 74-86.
(Code 1975, § 18-36; Code 2002, § 74-85; Ord. No.        building, within 30 days after receiving the copy
2284, § 1(74-85), 10-12-2010)                            of the building number provided for in section
                                                         74-113, to cause to be placed upon such building,
                                                         in a conspicuous place in front of such building,
Sec. 74-86. Work by city.
                                                         the proper number specified in plain and legible
   If the owner, occupant or person named on the         figures of at least two inches in length.
tax roll fails, refuses or neglects to build, repair,    (Code 1975, § 18-53; Code 2002, § 74-114)
raise, lower or relay the sidewalk within the time
specified in the notice, the city may then cause the     Sec. 74-115. Display of unofficial number
work to be done and recover the costs of such by                      prohibited.
creating a special assessment and levy such as-
sessment against the property, collecting the cost         It shall be unlawful for any person to display
from the person listed on the tax rolls as the           any number other than the official number upon
owner, and/or placing a lien on the property.            any building.
(Code 1975, § 18-37; Code 2002, § 74-86; Ord. No.        (Code 1975, § 18-54; Code 2002, § 74-115)
2284, § 1(74-86), 10-12-2010)
                                                         Sec. 74-116. Penalty for violation of article.
Secs. 74-87-74-110. Reserved.                               Any person violating any of the provisions of
                                                         this article shall be responsible for a municipal
                                                         civil infraction.
   ARTICLE     rv.   STREET NUMBERS FOR                  (Code 1975, § 18-55; Code 2002, § 74-116)

Sec. 74-111. Required.                                   Secs. 74-117-74-140. Reserved.

   All buildings erected or fronting on any street,
lane, alley or other public place in the city shall be       ARTICLE V. PUBLIC AND PRIVATE
numbered in accordance with the plan provided                     UTILITY FRANCHISES
in this article.
(Code 1975, § 18-50; Code 2002, § 74-111)                Sec. 74-141. Definitions.
                                                           The following words, terms and phrases, when
Sec. 74-112. Plan on file; inspection.                   used in this article, shall have the meanings
   The numbers upon all buildings, as required by        ascribed to them in this section, except where the
section 74-111, shall be in accordance with the          context clearly indicates a different meaning:
plan prepared by the city engineer and on file in
                                                            Applicant means a utility company which has
his office, and the books containing such plan
                                                         applied for a utility franchise pursuant to this
shall be public records and open for inspection at
all reasonable times to all persons.
(Code 1975, § 18-51; Code 2002, § 74-112)                  Energy means electricity, natural gas and all
                                                         similar forms of energy or substances which are
Sec. 74-113. Duty of city engineer to furnish            used for lighting, heating, cooling and similar
             numbers.                                    purposes.
  It shall be the duty of the city engineer to              Energy utility means a person or company
furnish each owner or occupant of any building           which transports, delivers or sells energy to one
with a written copy of the correct number by             or more customers through the use of facilities
which such building is designated.                       located in the public ways, including highways,
(Code 1975, § 18-52; Code 2002, § 74-113)                streets, alleys and bridges, or who otherwise

                               STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY                             § 74-200

transact business in the city for the transporta-       welfare of the inhabitants of the city, including,
tion and/or delivery of electric, natural gas, or       without limitation, the protection of the safety of
similar energy.                                         persons, vehicles or property located or passing in
                                                        the vicinity of the facilities, the protection of
   Facilities means any plants, works, systems,         surrounding properties, including property val-
improvements and equipment owned, leased or             ues, appearance, screening and other such mea-
used by a utility, including poles, wires, fixtures,    sures, and location within the rights-of-way so as
underground circuits, conduits, cables, towers,         not to interfere with other utilities, public use and
masts, transformers and other property used or          vehicular use of the public ways. Franchises shall
installed in the public ways, which facilities are      be granted only under the conditions set forth in
necessary or convenient for the sale, transmission      and authorized by the constitution and laws of the
or distribution of energy or other included utility     state and the ordinances of the city. No franchise
services to a customer or customers.                    shall be granted without a public vote, unless the
   Public ways means all public ways or rights-of-      franchise is revocable at will by the city. No
way within the city which are owned or controlled       franchise shall be granted for a period in excess of
by the city, either as an easement or in fee simple,    30 years.
and including, without limitation, streets, high-       (Code 2002, § 74-143; Ord. No. 1158, § 18-62,
ways, sidewalks, alleys and bridges, but not in-        4-14-1998)
cluding parks or lands which are not used nor
intended for transportation or passage by the           Sec. 74-144. Application for franchise.
public.                                                    A utility company which wishes to obtain a
   Utility franchise means a franchise granted to       franchise from the city shall submit an applica-
any person or company transporting, delivering          tion to the city clerk. The city may provide forms
or selling utility services, including, without lim-    for use by the applicant. All applications, whether
itation, energy utilities, which franchise is granted   or not on a form, shall be in writing and shall
to operate a utility in the city and/or to transact     include a detailed description of the facilities
business in the city.                                   intended to be erected, and the public ways, if
(Code 2002, § 74-141; Ord. No. 1158, § 18-60,           limited, which will be utilized by the utility. All
4-14-1998)                                              applications must be accompanied by a nonrefund-
                                                        able application fee as currently established or as
                                                        hereafter adopted by resolution of the city com-
Sec. 74-142. Utility franchise required.
                                                        mission from time to time.
   No person may transport, deliver or sell utili-      (Code 2002, § 74-144; Ord. No. 1158, § 18-63,
ties or energy utilities to one or more customers       4-14-1998)
through the use of facilities located in the public
ways of the city, nor may it otherwise transact         Secs. 74-145-74-199. Reserved.
business in the city for the transportation and/or
delivery of utilities unless and until the utility
has been granted a franchise by the city commis-             ARTICLE VI. ENCROACHMENTS
(Code 2002, § 74-142; Ord. No. 1158, § 18-61,           Sec. 74-200. Definitions.
4-14-1998)                                                The following words, terms and phrases, when
                                                        used in this article, shall have the meanings
Sec. 74-143. Standards for granting of fran-            ascribed to them in this section, except where the
             chise.                                     context clearly indicates a different meaning:
  All franchises granted by the city shall be              Encroachment as used in this article means
granted in the form of an ordinance. Such ordi-         any of the following which is located on, over, in or
nance shall contain provisions which are reason-        under any roadway, sidewalk, alley or other pub-
ably designed to protect the health, safety and         lic right-of-way: architectural projection includ-

§ 74-200                                   MUSKEGON CITY CODE

ing belt course, planter, mansard, cosmetic wall                  ment serves, or if not abutting a privately
covering, roof cornice and wall buttress; awning;                 owned lot, the location of encroachment in
canopy; cellar entrance; coal hole; fence; manhole;               street, alley or public way;
marquee; sidewalk elevator; step or stair; fire
                                                            (3)   Blueprints or ink drawings showing the
escape; standpipe or sprinkler connection; sign;
                                                                  plans and specifications of the proposed or
subgrade spread footing; underground conduit,
                                                                  actual encroachment, if requested by the
cables and/or wires (private); wall; loading dock,
                                                                  city clerk;
platform or facility; hoistway opening; sidewalk
vault; street vault; elevated craneway or walk-               Such other information as the city clerk
way; any device or object, or anything specifically           shall require in order to ensure compli-
permitted by the commission and designated by it              ance with this article and all other ordi-
as an encroachment subject to the provisions of               nances of the city and laws of the state.
the article. The term "encroachment" as used in        (Ord. No. 2298, § 1(74-202), 8-9-2011)
this article, shall not include overhead electric
and telephone lines, poles and appurtenances;          Sec. 74-203. Encroachment permit classifi-
underground electric, telephone, gas and steam                      cations.
lines, together with tunnels and conduits owned
                                                          Upon receipt of an application for an encroach-
by a public utility, a public utility permitted by
                                                       ment permit, the city clerk shall determine whether
the city and for which the utility company has
                                                       or not such encroachment, because of its nature,
agreed to hold the city harmless, or monitoring
                                                       shall or shall not require regular inspections due
wells or testing of soils or groundwater for envi-
                                                       to public safety and/or potential liability issues
ronmental purposes which are permitted by the
                                                       the encroachment may present. Those encroach-
city commission and/or city engineer.
                                                       ments not requiring routine inspections shall be
(Ord. No. 2298, § 1(74-200), 8-9-2011)
                                                       graded Class I encroachments and those requir-
                                                       ing routine inspections shall be graded Class II
Sec. 74-201. Permits required.                         encroachments, and fees shall be set accordingly
                                                       as defined in section 74-206.
   It shall be unlawful for any person to erect,
                                                       (Ord. No. 2298, § 1(74-203), 8-9-2011)
build, maintain or relocate any encroachment as
defined in this article without first obtaining a
permit from the city clerk or by commission
                                                       Sec. 74-204. Existing encroachments.
approval as provided under section 74-205, pay-           All existing encroachment permit holders shall
ing the permit fee as required under section           be required to complete an application for permit
74-206, and furnishing the necessary insurance         as defined in section 74-202, including those per-
certificate as defined under section 74-208, if        mitted by special written agreement.
applicable.                                            (Ord. No. 2298, § 1(74-204), 8-9-2011)
(Ord. No. 2298, § 1(74-201), 8-9-2011)
                                                       Sec. 74-205. Approval of encroachments by
Sec. 74-202. Application for permit.                                city.

   Applications for encroachment permits (either          (a) It shall be the duty of the city clerk to
existing or proposed) shall be made on a form          review the proposed or actual encroachment to
provided by the city clerk and shall include the       ensure it does not pose an adverse affect to public
following information:                                 safety, inconvenience the public or interfere with
                                                       public usage and where appropriate, shall order
   (1)     Name, address, and telephone number of      any necessary repairs, alterations or removal.
                                                          (b) When the encroachment meets all the re-
   (2)     Location and type of the existing or pro-   quirements of this article and any other ordi-
           posed encroachment, building to which       nance of the city and the laws of the state, the city
           attached or abutting lot which encroach-    clerk shall then issue an encroachment permit,

                               STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY                             §   74-211

provided the applicant pays the required fee as         agents, employees and elected officials, as addi-
defined in section 74-206, and furnishes the nec-       tional insured and loss payee for any such claims.
essary certificate of insurance as defined in sec-
tion 74-208, if applicable. In the event the city          (b) In the event such proof of liability insur-
clerk does not believe granting the encroachment        ance is required, it shall be updated and provided
permit would be in the best interest of the city, the   to the city annually at the time of renewal.
city clerk may deny the granting of a permit.           (Ord. No. 2298, § 1(74-208), 8-9-2011)

   (c) If the applicant does not concur with the
decision of the city clerk, either to make repairs,
                                                        Sec. 74-209. Inspection.
alterations or removal, or the city clerk's decision       The city clerk shall inspect, at such time as he
to deny the application, the application shall be       deems necessary, each encroachment permit
transmitted to the city commission for approval or      granted to determine whether it is in need of
disapproval. The decision of city commission shall      repair or removal, and the permit fee shall be
be final.                                               deemed to cover the costs of this inspection whether
(Ord. No. 2298, § 1(74-205), 8-9-2011)                  inspection be made annually or at other intervals.
                                                        (Ord. No. 2298, § 1(74-209), 8-9-2011)
Sec. 74-206. Permit fees.
   (a) Each applicant shall pay an application fee      Sec. 74-210. Permit revocable at any time.
as provided in the fee structure established by the
city commission.                                           All rights and privileges acquired under the
                                                        provisions of this article or any amendment thereto
   (b) A separate permit and fee will be charged        are mere licenses, revocable at any time by the
for each encroachment on any one parcel. Appli-         city clerk or city commission under the terms and
cation fees are not prorated and are nonrefund-         provisions of this article and all such permits
able. All permits for encroachments now existing        shall contain this provision.
or issued prior to the effective date of the ordi-      (Ord. No. 2298, § 1(74-210), 8-9-2011)
nance from which this article is derived shall
expire on August 31, 2011. All encroachment
permits shall require renewal on or before Sep-         Sec. 74-211. Removal of encroachment upon
tember 1 of each year.                                               failure to apply for permit, pay
(Ord. No. 2298, § 1(74-206), 8-9-2011)                               permit fee, or maintain liability
Sec. 74-207. Late payment penalty.                         Upon failure of any person to make application
   Noncompliance of this article may result in          for an encroachment permit, where required, and
additional fees as established by the city commis-      to pay the permit fee or maintain liability insur-
sion.                                                   ance, if applicable, the city clerk shall have the
(Ord. No. 2298, § 1(74-207), 8-9-2011)                  authority to remove said encroachment immedi-
                                                        ately. Any item confiscated pursuant to the provi-
Sec. 74-208. Insurance requirement.                     sions of this section shall be held by the city for a
                                                        period of 30 days. During the 30-day holding
   (a) Prior to the issuance of any encroachment        period, the owner of said item may request the
permit, the licensed inspector shall determine if       return of the item on a form provided by the city
such encroachment may present possible claims           clerk. The city clerk shall check the inventory of
for personal injury, bodily injury or property dam-     confiscated items and if the item is found to be
age due to its nature, and as a result may require      held by the city the applicant may pay a recovery
the applicant to provide proof of liability insur-      fee as currently established or as hereafter ad-
ance in an appropriate amount by a company              opted by resolution of the city commission from
authorized and acceptable to do insurance busi-         time to time for each item held at which time the
ness in the state, specifically naming the city, its    city clerk shall return the item to the owner. After

§ 74-211                                   MUSKEGON CITY CODE

30 days have passed, the city clerk may dispose of     Sec. 74-272. Petition for changes; fee.
said item either by disposal in an appropriate
landfill or by sale.                                      Any person desiring any of the action set forth
(Ord. No. 2298, § 1(74-211), 8-9-2011)                 in section 74-271 shall file a written petition for
                                                       such relief with the zoning administrator, to-
Sec. 74-212. Removal of unsafe encroach-               gether with a fee in the amount established by
             ments.                                    resolution to cover the cost of publication, record-
                                                       ing and other administrative expenses attendant
   Any encroachment which has become unsafe or         to the proceeding.
presents a hazard to the general public by reason      (Code 1975, § 19-51; Code 2002, § 66-72)
of deterioration, dilapidation, lack of repair or
maintenance, interferes with any future city us-       Sec. 74-273. Public hearing.
age of the area or city project, or any other cause
which results in a limitation by the general public       Upon receipt of the petition and accompanying
in its use of the public right-of-way, is hereby       fee, the zoning administrator shall submit the
declared to be a public nuisance and shall be          petition to the planning commission which shall
abated in the manner provided for removal of           proceed as follows:
dangerous structures.
(Ord. No. 2298, § 1(74-212), 8-9-2011)                      (1)   A public hearing on the petition shall be
                                                                  determined and published in a newspaper
Sec. 74-213. Temporary encroachments.                             of general circulation in the city at least
                                                                  ten days prior to the hearing.
   Applications and permits for temporary or in-
termittent encroachments shall be obtained in               (2)   Service of notice of the time and place of
the same manner as applications and permits are                   the public hearing shall be mailed by first
obtained for permanent encroachments.                             class mail to all owners of property as-
(Ord. No. 2298, § 1(74-213), 8-9-2011)                            sessed for taxation which adjoins the af-
                                                                  fected street or alley and to such other
                                                                  persons as the planning commission, after
Sec. 74-214. Delegation of authority.                             review of the petition, shall deem affected
                                                                  in the event the petition is granted.
   Wherever in this article an act or duty is
required to be performed by the city clerk, said act        (3)
                                                              Following the public hearing, the plan-
or duty may be delegated by the city clerk to any             ning commission shall recommend to the
employee of the city.                                         city commission whether all or part of the
(Ord. No. 2298, § 1(74-214), 8-9-2011)                        petition should be granted.
                                                       (Code 1975, § 19-52; Code 2002, § 66-73)
Secs. 74-215-74-270. Reserved.
                                                       Sec. 74-274. Determination to grant peti-
       VACATION OR RENAMING                               The city commission shall determine whether
                                                       or not all or any part of the petition should be
Sec. 74-271. Procedure for street changes.             granted, and shall reserve any necessary ease-
                                                       ments within the right-of-way of any street, alley
  Streets and alleys or parts thereof shall be         or other public land vacated pursuant to such
opened, closed, vacated, extended, widened or the      petition for public utility purposes and other
name of an existing street or alley changed in         public purposes.
accordance with the procedure in this article.         (Code 1975, § 19-53; Code 2002, § 66-74)
(Code 1975, § 19-50; Code 2002, § 66-71)                    State law reference-Similar provisions, MCL 560.265.

                              STREETS, SIDEWALKS, OTHER PUBLIC PROPERTY   § 74-275

Sec. 74-275. Record of petitions granted.
   The city clerk within 30 days following the
resolution of the city commission granting all or
part of any such petition shall record a certified
copy of such resolution with the office of the
register of deeds for the county, giving the name of
the plat affected and, thereafter, shall send a copy
thereof to the treasurer of the state.
(Code 1975, § 19-54; Code 2002, § 66-75)


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