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Village of Nashville Public Health Ordinances
- 06-12-1911-A BUILDING SIDEWALKS
- 03-27-2008 SIDEWALKS OBSTRUCTIONS
- 07-18-1892 TREES OVER SIDEWALKS
- 06-12-1878 ANIMALS ON SIDEWALKS
- 06-20-1904 SPITTING ON SIDEWALKS
- 09-09-1999-D SNOW REMOVAL
ORDINANCE #29 (6-12-1911-A) -
Building Sidewalks
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.
ORDINANCE
# 3-27-2008 -
Sidewalk Obstruction
It was moved by Kenyon and supported by Coll
that the following ordinance for the
Village
of Nashville be adopted.
AN ORDINANCE TO PROVIDE FOR THE REMOVAL OF SNOW, ICE, FILTH,
OBSTRUCTIONS OR NUISANCES FROM THE SIDEWALKS OF THE VILLAGE OF
NASHVILLE.
The Village of
Nashville
ordains as follows:
SECTION 1.
REMOVAL OF SIDEWALK OBSTRUCTION:
No person occupying said premises, and no person owning any
unoccupied premises shall fail to keep sidewalks clear of obstructions, snow,
ice, filth or any nuisance on property occupied by or owned by him.
SECTION 2.
DUTY OF OCCUPANT OR OWNER:
It shall be the duty of the occupant of every premises and the
owner of unoccupied premises within the city, to remove all obstructions, snow,
ice, filth or any nuisance by lawful means within 24 hours of the event causing
the obstruction, snow, ice, filth, or other nuisance. In the case of a prolonged
snow or ice event, snow/ice will be removed within 24 hours of cessation of the
snow/ice fall.
SECTION 3.
WHEN VILLAGE TO DO WORK:
If provisions of Section 1 and 2 are not complied with the
Village President or the Village Clerk or either of their duly authorized
representatives, shall notify the occupant, or owner of unoccupied premises, to
comply with the provisions of said sections within a time to be specified in
said notice, which notice shall be given as follows; either a) by delivering to
the owner or occupant of said property either personally or by leaving it at his
residence, office or place of
business with some person of suitable age and discretion; b)
by mailing said notice by certified mail to such owner at his last known
address; or c) if the owner is unknown and the premises are unoccupied the
posting of said notice in some conspicuous place on the premises for five days.
If said notice is not complied with, within the specified time
therein, the Village shall cause such obstruction, snow, ice, filth, or other
nuisance to be removed or destroyed and the actual cost of the removal plus 15%
for inspection and other costs in connection therewith, shall be levied upon the
property as a special assessment, and collected as other special assessments
levied in the Village.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are hereby declared to be
severable and should any provision, section or part thereof be declared invalid
or unconstitutional by any court of competent jurisdiction, such decision shall
only affect the particular provision, section or part thereof involved in such
decision and shall not affect or invalidate the remainder of such ordinance
which shall continue in full force and effect.
SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective within 21 days from the
date of its passing. All ordinances or parts of ordinances in conflict herewith,
including Ordinance #27 Sidewalk Obstruction dated 6-12-1911, are hereby repealed.
This Ordinance was adopted on 3-27-08.
ORDINANCE #6 (6-12-1878) - Animals on
Sidewalks
AN ORDINANCE TO PUNISH PERSONS FOR LEADING, RIDING OR DRIVING ANIMALS ON
SIDEWALKS.
SECTION 1.
The Council of the Village of Nashville ordains, that it shall not be lawful for
any person to lead, ride or drive any animal on any sidewalk in said village.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance 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 2.
This ordinance shall take effect on the tenth day of July, AD, 1878.
ORDINANCE #16 (6-20-2004) - Spitting on
Sidewalks
SECTION 1.
The Village of Nashville, Michigan, ordains, that it shall not be lawful for any
person to expectorate or spit upon any sidewalk within the corporate limits of
the Village of Nashville, Michigan.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance 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 3.
This ordinance shall take effect on the 20th day of July, 1904.
Ordinance # 9-9-1999-D - SNOW REMOVAL
ORDINANCE
1. Clearing of sidewalks. Any owner or occupants of any property located within
the Village of Nashville, shall clear any accumulations of ice or snow from the
public sidewalks adjoining the property within 24 hours of the accumulation or
placement of snow or ice on the sidewalks.
2. Notice of violation and order to abate. Any person determined by the Police
Department to be in violation of section (1) shall be given notice of the
violation and ordered to abate the violation, as follows:
(a) Service of notice and order. The notice and order may be served by any one
of the following means:
(i) In writing, by first-class mail, addressed to the owner of the property at
the last know address as shown by the village tax records. The notice and order
shall at the same time also be mailed to the occupants of the property, if
different than the owner. If the notice and order are served by mail, they shall
be deemed received by the addressee two mail delivery days after deposit in the
Untied States mail.
(ii) In writing, posted at the property. The notice and order shall be deemed to
have been served to the owner and/or occupant, as applicable, at the time the
notice and order is posted at the property.
(iii) By providing the notice and order orally, either in person or by
telephone. The oral notice and order shall be deemed to have been served to the
owner and/or occupant, as applicable, at the time the oral notice and order are
given. A written confirmation of the oral notice and order shall be mailed by
the village to the person served within 5 days of the oral notice and order,
provided that the failure to do so shall not affect the person’s obligation to
comply with the oral notice and order and shall not constitute a defense to a
violation of section (1).
3. Contents of notice and order. To the extent known by the village, and as
applicable under the circumstances, a notice and order under this section shall
include:
(a) The date and time the notice was served.
(b) The name and address of the person (or persons) responsible for the
violation.
(c) A description of the nature and location of the violations, and the
provisions of this section violated.
(d) The minimum corrective actions required to abate the violation.
(e) A statement that the violation must be abated within 48 hours from the time
notice was served.
(f) An order to abate the violation by the time specified in the order (which
shall be 48 hours from the time notice and order are deemed to have been
received as provided by this section).
(g) A statement indicating that if the violation is not abated as ordered, then
the village may unilaterally act to abate the violation; that the costs to the
village of any action by the village to abate the violation, plus an
administrative fee and any applicable fines, shall be a personal debt of the
person to the village which may be assessed by the village as a lien against the
property until paid; and that the refusal to allow the village to abate an
uncorrected violation shall constitute a separate and additional violation of
this section.
4. Abatement required. Any person served with a notice and order as provided by
this section shall abate the violation as specified by the order.
5. Noncompliance with order; Abatement by village.
(a) Abatement by village. If a person served with a notice and order fails or
refuses to abate the violation as required by the order under this section
within 48 hours of being notified of the violation, the village or its
authorized representatives may enter the property and take any reasonable
actions necessary to remove the ice and snow from the sidewalks and abate the
violation.
(b) Costs of Abatement: Delinquent payments: Lien. The costs, including an
administrative fee of $25.00, as incurred by the village in abating the
violation shall be immediately due and payable to the village by the owner of
the property where the violation occurred. The village shall notify the property
owner that the costs are due and owing by certified mail (return receipt
requested), addressed to the property owner’s last known address as shown by the
city tax records. If the costs are not paid in full within 30 days of mailing
the notification, they shall be delinquent. The amount of the costs plus any
administrative fee shall be certified by the treasurer to the assessor for
inclusion upon the next village tax roll. The amount included in the village tax
roll shall be in a lien against the property which may be enforced and
discharged by the village in the same manner as a tax lien. The costs of
abatement, if any, recovered by the village shall be in addition to any civil
fines, damages, expenses or costs payable to the village as a result of a
violation.
(C) Abatement by Village Not Defense to Violation. The abatement by the village
of a violation of this section and subsequent recovery of abatement costs
incurred by the village shall not be a defense to any action by the village
against any person for the violation, including without limitation, any action
by the village to collect civil fines, damages, expenses or costs as authorized
by law.
6. Nuisance per se; injunctive relief. A violation of this section is deemed to
be a nuisance per se. In addition to any other remedy available at law, the
village may bring an action for an injunction or other process against a person,
to restrain, prevent or abate any violation of this section.
7. Severability. The various parts, sections and clauses of this Ordinance are
hereby declared to be severable. If any part, sentence, paragraph, section or
clause is adjudged unconstitutional or invalid by a court or competent
jurisdiction, the remainder of the Ordinance shall not be affected thereby.
8. Effective Date. This Ordinance shall be in full force and effect within
twenty days from its passage and publication according to law.
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VILLAGE
OF NASHVILLE, MICHIGAN
