ORDINANCE #29

(6-12-1911)

AN ORDINANCE REGULATING THE BUILDING OF SIDE AND CROSS WALKS WITHIN THE VILLAGE OF NASHVILLE, MICHIGAN.

THE VILLAGE OF NASHVILLE ORDAINS:

SECTION 1.

That the sidewalk committee shall have the supervision of all walks within said village, and shall condemn all worn-out, rotten or unsafe side or cross walks therein, and shall order new walks to be built, or the old ones repaired, whenever in their judgment the condition of any walk is such that the same is necessary and conducive to the public welfare, and if same is not repaired or rebuilt, as the case may be, within ten days after written notice is served in the manner hereinafter set forth, the street commissioner shall build or repair the same, and the expense thereof shall be and become a lien against the lands adjoining and collected in the same manner as other taxes are collected.

SECTION 2.

All sidewalks hereafter constructed on Main Street, between Reed Street and the Michigan Central railroad tracks, shall be of stone or cement, with good, substantial foundations, and shall be six feet wide.

SECTION 3.

All sidewalks, other than those mentioned in section two hereinafter constructed in said village, shall be of cement or stone, and laid upon a substantial foundation; they shall be four feet wide and shall have an oval surface, so that the center of said walk will be from one-half to one-fourth inch higher than the edges.

SECTION 4.

All crosswalks hereafter constructed in said village shall be of cement or stone, laid upon a good and substantial foundation, and the surface of said crosswalks shall be oval, so that the centers of said walks will be one inch higher than their edges, and said edges shall be beveled and covered with sufficient gravel to protect them from the vicissitudes of travel, and said crosswalks shall be at least three inches above the street at highest place.

SECTION 5.

All sidewalks shall be at least four inches thick, (cement walks to consist of at least three inches of grout and at least one inch of top dressing).  All crosswalks shall be at least seven inches thick (cement walks to consist of at least six inches of grout and at least one inch of top dressing).  Cement shall form at least one part in eight of the grout, and the top dressing shall be one part cement and two parts of sand, for all cement walks.  All walks shall be laid upon the established grade, and upon streets where no grade is established, they shall be laid upon such grade as shall have the approval of the street commissioner.

SECTION 6.

If any person or persons by themselves or their agents shall construct a walk not in accordance with the provisions prescribed herein, it shall be the duty of the street commissioner to give ten days written notice, in the manner hereinafter set forth, in which to comply with the provisions herein prescribed, and to change, alter and construct said walk in accordance therewith.  Should said walk not be changed, altered or constructed in accordance with the provisions herein, within ten days after service of said notice, it shall be the duty of the street commissioner, and he shall change, alter or construct same in accordance with the provisions of this ordinance, and the expense, and the expense thereof shall become a lien upon the adjoining lands, and collected in the same manner as other taxes are collected.

SECTION 7.

Any notice required to be served by the provisions of this ordinance shall be in writing, and served upon the owner of the premises adjoining, provided they are in the village; if the owner is not in the village, the notice shall be served upon the occupant of the adjoining premises, and if there is no occupant of the adjoining premises, and the owner thereof be absent from the village in such case, the notice shall be served by posting same upon the adjoining premises.

SECTION 8.

Any person or persons, by themselves or their agents, offending against any of the provisions of this ordinance, or who shall construct a walk not in accordance with its provisions, shall be responsible for a municipal civil infraction and shall be punished by civil fine of $50 for a first violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

SECTION 9.

Any contractor or agent for property owners within said village who shall build or construct a walk in said village not in accordance with the provisions of this ordinance, whether with the knowledge an consent of the adjoining property owner or otherwise, is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first violation, $150 for a second violation, and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

SECTION 10.

This ordinance shall take effect on the 10th day of July, AD 1911.

Passed and approved by the Village Council of the Village of Nashville this 12th day of June, AD, 1911.