HomeMy WebLinkAboutCOUNCIL MINUTES 1951-12-17 Page 580
MINUTES OF THE FIFTY - SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
I J
On December 17, 1951, above meeting was held at 33110 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:111 P M by the
President of the Council, Harry S Wolfe Roll was called with the following
result: Present-- Harry S. Wolfe, Wilson W Edgar, Raymond E Grimm, Harvey
Jahn, Nettie Carey, John Whitehead and William Taylor Absent-- None.
Minutes of the 56th regular meeting held on December 3, 1951, together
with the adjournments thereof on December 5, 1951, and December 8, 1951, were
read and approved
With the consent of all present, the regular order of business was
suspended in order to open bids and to hear from persons interested in Petition
No 26 for vacating of Cathedral Avenue
By Councilman Grimm, seconded by Councilman Edgar and unanimously
adopted as follows, it was .
/9- 7FI RESOLVED, that the hour of 8 .30 P M having arrived, the
time for receiving bids on Ford Pick-Up, Dump Truck, Station Wagon
and Tractor Loader be declared closed; and the City Clerk open all
bids received
The City Clerk, Marie Clark, then proceeded to open and read bids
as follows
Ford Pick-Up
(1) Clarence Bell, Inc $1332 45
(2) Ralph Ellsworth, Inc . 1255 09
(plus $60.00 for paint job)
(3) Paul J Wiedman, Inc . 1387 08
Dump Truck
(1) Clarence Bell, Inc $2769.11
(2Ralph Ellsworth, Inc
8 Gauge 2656.28
10 Gauge . . . . . . . 2577 78
(plus $60 00 for paint job)
Page 581
Station 'Iiagon
(1) Clarence Bell, Inc. . . . $2029 26
(2) Ralph Ellsworth, Inc 1985 48
Tractor Loader
(1) Earle Equipment Co $6500.00
For cab . 320 00
(2) Tilford Equipment Co
New 71475 00
Demonstrator 6727.00
(3) Wolverine Tractor & Equipment Co . 6055 30
Model "HY" Hough Payloader 7823 30
(14) Michigan Tractor & Machinery Co. 7058.00
(5) Cyril J Burke, Inc. 71405 00
The foregoing bids were referred to the Superintendent of Public
Works for his recommendations
The Council next permitted Mr Frischkorn to make a statement in
connection with Petition No. 39 for change of zoning classification
By Councilman Carey, seconded by Councilman Whitehead and unanimously
adopted as follows, it was:
f-??-5 RESOLVED, that Petition No 39 be held for farther
consideration at a joint meeting of the Planning Commission and
the Council, which meeting shall be open only to residents of
the City of Livonia
Consideration was next given to Petition No 26 for vacating of
Cathedral Street Statements were made by Mr. Stuart Lester, representing
Buckland Development Company and W C Green representing property owners.
A ten minute recess was taken at 10:15 P M , following which the
meeting reconvened with all members of the Council present
The discussion was continued on the proposed vacating of Cathedral
Street By Councilman Jahn, seconded by Councilman Carey and unanimously adopted
as follows, it was :
A- 716 RESOLVED, that the Council deems it advisable to hold a
public hearing on the question whether or not Cathedral Street,
commencing at Middlebelt and ending at Henry Ruff Road, should be
vacated; that this action is taken on Petition No 26 of Samuel M.
Towlin, et al, and on moti on of the Council; that a copy of this
resolution be delivered to the City Planning Commission, that the
City Planning Commission hold a hearing thereon and make its recommendations
pursuant to Ordinance No 29, and that this matter be referred to
the City Planning Commission under No 26a.
i
a'
Page 582
t
Superintendent of Public Works then made his recommendations that [.
1
the following bids be accepted: t
IL For a station wagon, bid of Ralph Ellsworth, Inc , $1985 148 f
For dump truck, 8 gauge, bid of Ralph Ellsworth, Inc , $2656 28
For Ford pick-up, painted, bid of Ralph Ellsworth, Inc., $1315.09 i
z
By Councilman Jahn, seconded by Councilman Carey and unanimously 1.
adopted as follows, it was :
R 87 RESOLVED, that the bid of Ralph Ellsworth, Inc. for the
li
dump truck, 8 gauge, in the amount of $2656 28 and the bid of it
Ralph Ellsworth, Inc. for the Ford pick-up, painted, in the amount
of $1315 09 be accepted; and that the City complete the purchase
of the above items in accordance with such bids.
I
The result of the roll call vote on the foregoing resolution was as follows :
4
AYES: Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Wolfe
NAYS: None
1
By Councilman Taylor, seconded by Councilman Edgar and unanimously
6'
adopted as follows, it was .
ILIA- 711 RESOLVED, that the City Attorney, William Brashear, prepare
a proposed agreement between the City of Livonia and the American
Red Cross, local unit, for the use of a station wagon
With the consent of all present, the Council returned to the regular
order of business
The final plat of B E Taylor's Schoolcraft Manor No 3 Subdivision
was presented for final approval, but was withdrawn for corrections. By
Councilman Jahn, seconded by Councilman Taylor and unanimously adopted as follows,
it was•
f3- 71 RESOLVED that, as a pre-requisite of the final approval
of B E Taylor's Schoolcraft Manor No 3, the Council will require
a cash deposit of $4637 50 computed on the basis of 1/2 of Henry
huff Road for a distance of 1325 feet for $3 50 a foot, which money
will be held by the City as a bond to insure the satisfactory
improvement of said road
By Councilman Edgar, seconded by Councilman Grimm and unanimously
adopted as follows, it was:
Page 583
/1- 7 9O RESOLVED, that the Council does hereby accept and approve
the recommendations of the City Planning Commission as to the
written proposal of Fred Blackwood Company dated October 22, 1951,
and said proposal is hereby rejected
The report and recommendations of the City Planning Commission dated
December 15, 1951, as to Petitions 37, 38, 39 40 and 42 was read and considered.
•
By Councilman Edgar, seconded by Councilman Whitehead and unanimously adopted
as follows, it was:
7 ct RESOLVED, that the Council does hereby accept and approve
the recommendations of the City Planning Commission dated December
15, 1951, as to Petitions 37, 38 and 40, and such petitions are
hereby denied; and that Petition 39 be placed on the table for further
consideration
By Councilman Carey, seconded by Councilman Jahn and unanimously
adopted as follows, it was.
A 7 R X RESOLVED, that the communication from Judge Leo 0. Nye
dated December 7, 1951, and pertaining to a claim for the killing
of chickens be returned to Judge Nye with the information that
such claim cannot be considered by the Council until he has made a
determination thereon
111 Letter of E. J Eckman and Roy R Roberts dated December 3, 1951,
requesting permission to operate a taxi cab business was read and considered
Mr. Eckman was present and made a statement By Councilman Jahn, seconded by
Councilman Taylor and unanimously adopted as follows, it was:
/3 ?q3 RESOLVED, that the President appoint a committee to
consider a procedure authorizing and regulating taxi cabs and to
work with the City Attorney
The President then appointed to the last mentioned committee, Councilmen Jahn,
Taylor and Carey
The written opinion of City Attorney dated December 1L , 1951, pertaining
to the claim of Mrs Rose M Wilson was read By Councilman Taylor, seconded
by Councilman Edgar and unanimously adopted as follows, it was:
RESOLVED, that the sum of $100.00 be paid to Mrs Rose M
Wilson in full settlement of her claim against the City as stated
in her letter of November 26, 1951; and that such amount be appropriated
from the Ford Tank Plant Storm Sewer Fund.
The result of the roll call vote on the foregoing resolution was as follows:
Page 584
AYES: Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Wolfe.
NAYS. None
ILA roll call vote was then taken on the ordinance introduced by
Councilman Jahn at the 55th regular meeting of the Council held November 30,
1951, which ordinance pertains to the vacating of Fordson Highway together with
certain alleys and which ordinance is entitled, "An Ordinance Vacating Certain
Street and Alleys " The result of the roll call vote was as follows.
AYES. Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Wolfe.
NAYS: None.
The President declared that the ordinance was adopted and shall become effective
as of the date of publication
A roll call vote was then taken on the ordinance introduced by
Councilman Taylor at the adjourned 56th regular meeting of the Council held on
December 8, 1951, which ordinance is entitled, "An Ordinance To Amend Portion
Lof Section 22 of the Zoning Map of the City of Livonia of Ordinance No 7
Entitled, 'An Ordinance to Establish Districts in the City of Livonia; to
Regulate the Use of Land and Structures Therein, to Regulate and Limit the
Height, the Area, the Bulk and Location of Buildings; to Regulate and Restrict
the Location of Trades and Industries and the Location of Buildings Designed
for Specific Uses; to Regulate and Determine the Area of Yards, Courts and Other
Open Spaces, to Regulate the Density of Population; to Provide for the
Administration and Enforcement of this Ordinance; to Provide for a Board of
Appeals, and Its Powers and Duties; to Provide a Penalty for the Violation of
the Terms Thereof, and to Adopt the Zoning Ordinance of the Township of Livonia,
Amendments Thereto and Zoning Map', and Section 3(A) of said Ordinance No 7 "
The result of such roll call vote was as follows:
-ili AYES: Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Volfe
NAYS None
The President declared that the foregoing ordinance was adopted and shall become
effective as of the date of publication
t
Page 585
By Councilman Jahn, seconded by Councilman Carey and unanimously
IL adopted as follows, it was:
A- 7 95
RESOLVED, that the sum of $167 53 be appropriated from the
unallocated fund to the Department of Public Safety to pay the cost
of installing signal at Base Line and Middlebelt Road as per invoice
of County Road Commissioners dated November 30, 1951
The result of the roll call vote on the foregoing resolution was as follows:
AYES. Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Wolfe.
NAYS: None.
By Councilman Jahn, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
P `79(.0 RESOLVED, that Petition No 46 of Albert P Acton and
Petition No 47 of Joseph Schultz and Hannah Schultz for change
of zoning classification be and hereby are referred to the City
Planning Commission for hearing thereon and recommendations according
to law
Report of the Justice Court for the month of November, 1951, was
L
received and placed on file.
By Councilman Whitehead, seconded by Councilman Taylor and unanimously
adopted as follows, it was:
A 7 q7 RESOLVED, that the sum of $5364 82 be appropriated from
the unallocated fund to Livonia Sanitary Sewer Project No 2 Fund,
which amount shall be used for the payment of services of Herald F.
Hamill, City Engineer, and which amount shall be returned to the
unallocated fund from the proceeds to be realized from the sale of
revenue bonds on said Project No 2
The result of the roll call vote on the foregoing resolution was as follows:
AYES: Grimm, Edgar, Jahn, Carey, hhitehead, Taylor & Wolfe.
NAYS• None
By Councilman Jahn, seconded by Councilman Whitehead and unanimously
adopted as follows, it was•
q- 7,9i RESOLVED, that all part-time employees of the City of
Livonia, who have been working 40 hours or more per week be paid
for Christmas and New Year's Day
The result of the roll call vote on the foregoing resolution was as follows:
Page 586
AYES. Grimm, Edgar, Jahn, Carey, Whitehead, Taylor & Wolfe.
NAYS: None.
a By Councilman Grimm, seconded by Councilman Whitehead and unanimously
adopted as follows, it was .
A ? 99 RESOLVED, that the City of Livonia does hereby accept from
Ira M Petersime and Virginia Petersime, his wife, a Warranty Deed,
dated November 2, 1951, to lot numbered 314 of Grennada Park Subdivision
No 1, being a subdivision of a part of the northwest 1/I of Section 22,
T. 1 S , R 9 E , Livonia Township, Wayne County, Michigan
By Councilman Carey, seconded by Councilman Grimm and unanimously
adopted as follows, it was •
P - P° RESOLVED, that on petition of Ira M Petersime and Virginia
Petersime, his wife, and on its own motion, the Council deems it
advisable to vacate all of the streets and alleys situated within
Grennada Park Subdivision No. 1, being a subdivision of part of the
northwest 144 of Section 22, T 1 S , R 9 E , Township and City of
Livonia, Wayne County, Michigan, except
(a) Five Mile Road.
(b) Farmington Road,
(c) streets providing access to existing houses from
Five Mile Road, including Shadyside running 385 78 feet
South from Five Mile Road and Westmore running 300
feet South from Five Mile Road, and also the entire area
of Brookfield Avenue and Hubbard Road within said
subdivision;
that a copy of this resolution is hereby referred to the City Planning
Commission under a designation of Petition No 49 and pursuant to
Ordinance No 29 of the City of Livonia, for hearing thereon and
recommendations as provided in said ordinance
Councilman Edgar introduced the following ordinance:
NO 40
AN ORDINANCE REGULATING CONSTRUCTION, IMPROVEMENTS,
ALTERATIONS, REPAIRS, OPERATIONS, EXCAVATIONS AND
WORK IN PUBLIC STREETS, ALLEYS AND THOROUGHFARES,
PROVIDING FOR THE ISSUANCE OF PERMITS AND THE
ADOPTION OF REGULATIONS, AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
The City of Livonia Ordains .
Section 1. Title. This ordinance may be known and cited as the
Street Ordinance.
Section 2. Definitions. The following words and phrases when used
in this ordinance, for the purpose of this ordinance, have the meanings respectively
ascribed to them in this section.
Page 587
"Public places" - any and all public streets, roads, highways,
alleys, thoroughfares, sidewalks, squares, grounds and spaces of the
City of Livonia
li; "operations" - any and all construction, improvements, alterations,
additions, removals, demolitions, excavations or work of any kind in, on,
under or above any public place.
"department"- the Department of Public Works
"person" - every natural person, firm, corporation, association
or co-partnership, together with the members, officers, agents and
directors of every firm, corporation, association or co-partnership.
"regulations" - such rules and regulations as may be adopted by
the Department pursuant to the provisions of this ordinance.
Section 3 Enabling Authority. This ordinance is adopted pursuant to
Section 1 of Chapter II, Sections 11, 12 and ih of Chapter IV, and Section 12 of
Chapter V of the Charter of the City of Livonia
Section !t General Control. Subject to the provisions of the Charter
and the powers of the Council, the Department shall have general management and
control of public places.
Section 5. Permits Required No person shall perform, effect or make,
or cause or bring about the performance or making of any operations in, on, under
or above any public places without first having obtained a permit therefor as
hereinafter provided Permits shall be issued by the Department on full compliance
with this ordinance and the regulations adopted pursuant thereto
Section 6 Application for Permit. No permit shall be issued until
the applicant shall have paid the fee, furnished insurance and made the deposit
hereinafter provided, and until a written application for such permit shall have
been filed with the Department and duly approved as hereinafter provided Every
application shall be signed by the applicant and shall include:
(a) the full name, description, residence and place of business
of the person applying for the permit;
(b) the name and location of the public place on, in, over or
under which the proposed operation is to be performed or made, and
a description of the area to be affected;
(c) the nature and extent of the proposed operation, and
(d) such other information as may be required by the regulations.
Section 7 Fees and Deposits Every application shall be accompanied
by a fee oY Fiveollars ($5 00), except that in case of a permit for construction
of a driveway culvert the fee shall be Three Dollars ($3.00). Every application
shall also be accompanied by a cash deposit as follows-
(a) i& ere a permit is requested for only one (1) operation, the
cash deposit shall be in such sum as may be fixed by the Department,
which sum shall not be less than Fifty Dollars ($50.00) nor more than
Three Hundred Dollars ($300.00).
Page 588
(b) Where a permit is requested for more than one (1) operation,
such permit may be issued for a period of one (1) year, in which case
the cash deposit shall be such sum as may be fixed by the Department,
which sum shall not be less than Five Hundred Dollars ($500 00) nor more
than Three Thousand Dollars ($3,000.00). Such deposit may be increased
or reduced by the Department, subject to the above limitations, at any
time during the one year period
All fees and deposits shall be paid to the City Treasurer. Each deposit shall be
retained by the City Treasurer far at least ninety (90) days following a complete
restoration of the particular public place or places involved to the same or
better condition than existed immediately prior to the performance or making of the
operation or operations for which the deposit was made, nor shall any deposit be
released by the City Treasurer until there has been a full compliance with this
ordinance and the regulations adopted pursuant thereto, and until the City Treasurer
has received a written certification of such compliance frau the Department All
deposits shall be held by the City Treasurer subject to the provisions of this
ordinance and said regulations. In the event of failure or refusal of an applicant
to fully comply with such regulations and this ordinance, the Department shall have
the right to cause the particular operation or operations involved to be fully
completed and the particular public place or places involved to be fully restored
to proper condition, and is hereby authorized to use the applicant's deposit or
deposits, or such portion thereof as may be required, for such purpose
Section 8. Accidents; Insurance. Any person to whom a permit is issued
shall be liable for all damage both to property and to persons resulting from
accidents, which may occur as a result of the operation for which the permit was
issued; and such person shall be further liable to the City of Livonia for any and
every loss and damage which the city may sustain, and for all sums it may have to
pay to any person or persons as a result of such accident Nevertheless, without
admitting or imposing any liability or responsibility of any kind on the City of
Livonia or the Department, no permit shall be issued until the applicant has
furnished to the Department public liability insurance in such amounts as shall be
determined by the Department, protecting the city and the Department, as well as
the applicant, frau all claims resulting from such accidents; provided, however,
that the policies creating such insurance shall be in such form as may be approved
by the City Attorney 'tiihere a permit is requested for one operation, such
insurance shall be in an amount not to exceed Ten Thousand Dollars ($10,000 00)
for property damages and, for personal injuries, Twenty Thousand Dollars ($20,000 00)
for each person and Forty Thousand Dollars ($10,000.00) for each accident. Where
the permit is for one year, such insurance shall be in an amount not to exceed
Twenty Thousand Dollars ($20,000.00) for property damages and, as to personal
injuries, Twenty-Five Thousand Dollars ($25,000.00) for each person and Fifty
Thousand Dollars ($50,000 00) for each accident In the event the city procures
adequate blanket or comprehensive insurance protecting the city from all of such
claims to the satisfaction of the Council, as evidenced by resolution of the
Council, then the Department is authorized to waive all insurance requirements
contained in this section, in which event the Department is further authorized
to increase the fees provided in Section 7 of this Ordinance by adding thereto
an additional amount not in excess of One Dollar ($1.00) to apply on the cost of
such blanket or comprehensive insurance The Department is authorized to waive
the foregoing insurance requirements as to any application for permit to construct
a driveway culvert. No other waivers shall be given, except by resolution of the
Council, in which event adequate protection for the city shall be furnished
either by bond, cash deposit or insurance, in such manner as the Council shall
direct. Nothing contained herein shall prevent the Council, City or the Department
from requiring any additional bonds, deposits or insurance as a pre-requisite to
the acceptance by the city of any bid, offer or contract; and in such cases the
Council shall require such deposits, bonds and insurance as it may determine
necessary to fully protect the city and the Department `'
Page 589
Section 9. Special Permits Required For Heavy Loads No person shall
operate, either by himself, through material suppliers or by any other agency,
motor vehicles with an axle load in excess of 18,000 lbs per axle for single axle
vehicles, and 16,000 lbs per axle on vehicles where the axle spacing is more than
3 ft. 6 in., but less than 9 ft , for the purpose of transporting materials and
supplies used in building and construction, over any of the public places of the
City of Livonia, not including state and county roads, without having first
obtained a permit therefor from the department. No such permit shall be issued
until a written application therefor has been filed with the department showing
the applicant's name and address, the route and description of the public places
over which the vehicle will be operated, the weight of the vehicle when loaded,
a description of the contents of the vehicle, a statement of the purpose for which
the material and supplies will be used and such other information as may be
required by the regulations of the department Such application shall be
accompanied by a fee of Five Dollars ($5 00) together with such cash bond, not in
excess of Five Hundred Dollars ( 500.00), as may be required by the department
Such fee and cash bond shall be paid to the City Treasurer and the bond shall be
held to insure the repairs of any and all damages occurring to the public places
involved during the operation authorized by the permit; provided, however, that
such repairs shall be at the discretion of the department and all monies remaining
from said bond at the completion of said repairs shall be returned by the City
Treasurer to the applicant on proper certification from the department. Said
bond shall be held by the City Treasurer pursuant to this ordinance and said
regulations and shall not be released until there has been a full compliance
with the same. No permit shall be issued under this section until there has
been a full compliance with such ordinance and regulations
Section 10. Refusal or Revocation of Permits Permits requested under
this ordinance may be refused by the department and permits issued under the
provisions of this ordinance may be revoked by the department at any time, for any
of the following causes :
(a) Fraud, misrepresentation or false statement contained in
the application for permit;
(b) Fraud, misrepresentation or false statement made by a licensee
in the performance of the operation authorized by the department,
(c) Any violation of this ordinance or the regulations adopted
pursuant hereto;
(d) Performing or making any operation in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, morals, welfare and safety or the public; and
(e) The failure or inability of applicant to meet and satisfy
the requirements and provisions of this ordinance and said regulations.
Written notice of refusal or revocation, stating the cause or causes therefor,
shall be delivered to the applicant or licensee personally, or mailed to his
address stated in his application. Any person whose permit is revoked or any person
whose request for a permit is refused shall have the right to a hearing before the
Council, provided a written request therefor is filed with the City Clerk within
ten (10) days following the delivery or mailing of notice of revocation or within
ten (10) days following such refusal The Council shall have the right to affirm
and sustain any refusal to issue a permit ar any revocation of a permit, and the
Council may grant or reinstate any permit.
Page 590
Section 11 Removal of Snow and Ice No person shall permit any snow
or ice to rem— a��n on the sidewalks in the front, rear or sides of any house, premises,
building or lot owned, occupied or controlled by him, longer than twenty-four (24)
hours after the same has fallen or formed, and where either has fallen or formed on
any such sidewalk, such owner, occupant or agent as above provided shall, within
twenty-four (24) hours after the same has fallen or formed, remove said snow or ice
or cause a sufficient quantity of salt, sand, ashes or similar materials to be
strewn thereon in such a nature as to render the same safe for persons walking
thereon
Section 12 Building Materials No person owning, building or repairing
any house or other building shall permit any lumber, brick, plaster, mortar, earth,
clay sand, stone or other materials to remain on any public place after sunset of
the day upon which it was placed there without the written permission of the
Department.
Section 13 Liability to the City. In the event the City of Livonia is
compelled to pay any person or persons any sums of money for any loss or injury
sustained in consequence of the accumulation of snow, ice and materials, mentioned
and regulated in the preceding Sections 11 and 12, then the owner, occupant, agent
and contractor shall be jointly and severally liable to the City of Livonia for the
sums paid.
Section 14 Adoption of Regulations. The Department is authorized to
adopt regulations governing all operations in public places, and likewise governing
the performance and enforcement of this ordinance The department is also authorized
to adopt regulations governing the minimum requirements and rules as to improvements
in new subdivisions. Such regulations shall became effective on approval of same
by resolution of the Council Copies of such regulations shall be made by the
department far distribution to all interested persons.
Section 15 Exception The provisions of this ordinance shall not apply
to the regulation, planting, removal, care and maintenance of trees and shrubbery
on any public places The Department of Parks and Recreation shall have exclusive
control over such regulation, planting, removal, care and maintenance, subject to
the powers and authority of the Mayor and Council
Section 16. Enforcement. This ordinance shall be enforced by the
Department of Public Works and by the Police Department
Section 17 Penalty Any person who shall violate or fail to comply
with any of the provisions of this ordinance, or any of the provisions of the
regulations made pursuant to this ordinance, shall be guilty of a misdemeanor and,
on conviction, shall be punished by a fine not to exceed Five Hundred Dollars
($500 00) or by imprisonment for not more than ninety (90) days, or by both such
fine and imprisonment in the discretion of the Court.
Section 18 Repeaal. All ordinances or parts of ordinances in conflict
or inconsistent herewitehereby repealed
Section 19 Severability In the event any portions of this ordinance
are held invalid for any reason, then such holding shall not affect the remaining
portion of this ordinance
The foregoing ordinance was placed on the table for vote at the next
regular meeting.
A
Page 591
Councilman Whitehead introduced the following ordinance:
NO
AN ORDINANCE REGULATING THE PLANTING, GROWING,
MAINTENANCE, CARE, REMOVAL, DESTRUCTION, SALE
AND TRANSPORTATION OF TREES, SHRUBS AND PLANTS
IN OR ON THE PUBLIC PLACES OF THE CITY OF LIVONIA,
CONTROLLING TREES AND SHRUBS ON PRIVATE PROPERTY
IN ORDER TO PREVENT TRAFFIC HAZARDS OR MENACE TO
PUBLIC SAFETY, PROVIDING FOR THE ISSUANCE OF PERMITS
AND LICENSES, AND THE ADOPTION OF REGULATIONS, AND
PROVIDING A PENALTY FOR THE VIOLATION THEREOF
THE CITY OF LIVONIA ORDAINS:
Section 1 Title This ordinance may be known and cited as the
"Tree and Shrub Ordinance "
Section 2. Definitions The following words and phrases when used in
this ordinance, or the purpose of this ordinance, have the meanings respectively
ascribed to them in this section:
"public places" - any and all public streets, roads, highways,
alleys, thoroughfares, sidewalks, squares, grounds and spaces of the
City of Livonia.
1[0 "operations" - any and all planting, growing, maintenance, care,
removal and destruction of trees, shrubs and plants, in or on any
public place.
"department" - the Department of Parks and Recreation
"person" - every natural person, firm, corporation, association
or co-partnership, together with the members, officers, agents and
directors of every firm, corporation, association or co-partnership
"regulations" - such rules and regulations as may be adopted
by the Department pursuant to the provisions of this ordinance
Section 3. Enabling Authority This ordinance is adopted pursuant to
Section 1 of Chapter II, Sections 11, 12 and 1)4 of Chapter IV, and Section 15 of
Chapter V of the Charter of the City of Livonia.
Section 4 General Control Subject to the provisions of the Charter
and the powers of the Council, the Department shall have general management and
control over all operations in or on public places
Section 5 Permits Required. No person shall perform, effect or make,
or cause or bring about the performance or making of any operations in or on any
public places without first having obtained a permit therefor as hereinafter pro-
vided. Permits shall be issued by the Department on full compliance with this
ordinance and the regulations adopted pursuant thereto
Page 592
Section 6 Application for Permit. No permit shall be issued until the
applicant shall have paid the fee, furnished insurance and made the deposit herein—
after provided, and until a written application for such permit shall have been
filed with the Department and duly approved as hereinafter provided Every
application shall be signed by the applicant and shall include •
(a) the full name, description, residence and place of business
of the person applying for the permit,
(b) the name and location of the public place in or on which the
proposed operation is to be performed or made, and a description of the
area to be affected;
(c) the nature and extent of the proposed operation, and
(d) such other information as may be required by the regulations
Section 7 Fees and Deposits. Every application shall be accompanied
by a fee of Three collars ($3.06) and such cash deposit as may be required by the
Department under this ordinance The Department is authorized to determine the
amount of such cash deposit, which amount shall include :
(a) the value of all trees, shrubbery and plants sought to be
removed or destroyed under such application; and
(b) the cost of repairing all damage caused by the operation for
which a permit is sought and in restoring the particular public place
involved to the same condition as existed immediately prior to the
performance of such operation
All fees and deposits shall be paid to the City Treasurer and,except as to such
refunds as may be made pursuant to this ordinance, shall be paid into the general
fund of the city All deposits shall be held by the City Treasurer subject to the
provisions of this ordinance and said regulations. On receipt of a written
certification from the Department that there has been a full compliance with the
provisions of this ordinance and said regulations, the City Treasurer shall refund
to the applicant such portion of the deposit as does not represent the value of any
trees, shrubbery or plants removed or destroyed In the event of failure or
refusal of an applicant to fully comply with the regulations and this ordinance,
the Department shall have the right to cause the particular operation or operations
involved to be fully completed and the particular public place or places involved
to be fully restored to proper condition, and is hereby authorized to use the
applicant's deposit or deposits, or such portion thereof as may be required, for
such purpose.
Section 8 Accident; Insurance. Any person to whom a permit or license
is issued shall be liable for all damage both to property and to persons resulting
from accidents, which may occur as a result of the operation for which the permit
was issued; and such person shall be further liable to the City of Livonia for any
and every loss and damage which the city may sustain, and for all sums it may have
to pay to any person or persons as a result of such accident Nevertheless, without
admitting or imposing any liability or responsibility of any kind on the City of
Livonia or the Department, no permit shall be issued until the applicant has furnished
such insurance as may be required under the regulations of the Department and in such
form as may be approved by the City Attorney. Nothing herein contained shall prevent
the Council, City or the Department from requiring any additional bonds, deposits or
insurance as a pre—requisite to the acceptance by the city of any bid, offer or contract,
and in such cases the Council shall require such deposits, bonds and insurance as it may
determine necessary to fully protect the city and the Department
Page 593
Section 9 Special Licenses for Sale or Transportation of Trees
Plants and Shrubbery No person shall engage in the business o? landscape
gardening, planting, trimming, repairing, removing, maintaining, selling or
transporting trees, shrubs or plants within the City of Livonia without first
obtaining from the Department a license for each year authorizing such person to
engage in such business No such license shall be issued until written application
therefor has been filed with the Department in such form as may be required by
said regulations Such business shall be subject to inspection by the Department
at all times and in such manner as may be provided in said regulations The
application shall be accompanied by a fee of Five Dollars ($5 00) together with
such a cash bond, not in excess of One Thousand Dollars ($1,000.00), as may be
required by the Department Such fee and cash bond shall be paid to the City
Treasurer and the bond shall be held to insure the payment of any and all damages
occurring to public places and all judgments which may be recovered against
applicant by any person or persons for violation of this ordinance or said
regulations, or for any fraud or misrepresentation in the sale of said trees,
shrubbery or plants. Said bond shall be held by the City Treasurer pursuant to
this ordinance and regulations, and shall not be released until there has been a
full compliance with the same, as evidenced by certificate of the Department.
No permit shall be issued under this section until there has been a full compliance
with this ordinance and the regulations.
Section 10 Refusal or Revocation of Permits or Licenses. Permits
or licenses requested under this ordinance may be refused by the Department and
permits or licenses issued under the provisions of this ordinance may be revoked
by the Department at any time, where fraud or misrepresentation exists either in
the application or the use of a permit or license, or in case of any violation of
this ordinance or of said regulations, or in case of a breach of peace or menace
to the health, morals, welfare and safety of the public. Any person whose permit
or license is revoked or whose application for a permit or license is refused shall
have a right to a hearing before the Council, and the Council may affirm or sustain
any such refusal or revocation, and may grant or reinstate any permit or license
Section 11 Growin g,Z Selling and Planting of Trees and Shrubs. The
Department is hereby authorized to grow, plant, distribute and sell trees and
shrubs to be planted in public places ,The Department is further authorized to
maintain, repair, trim, spray and care for all trees and shrubs in or on public
places The regulations shall include prices to be charged by the Department for
trees and shrubs, and the planting thereof
Section 12 Exception Nothing contained in this ordinance shall in
any way prevent the Department, either directly or through any other department
or agency, from performing any operations in or on any of the public places of
the City of Livonia
Section 13 Trees and Shrubs on Private Property. The regulations
of the Department shall include provisions for the control of such trees and
shrubbery on private property as may cause obstruction to the view and traffic
hazards, or which may be a menace to the health, safety and welfare of the public
On certification by the Police Department and the Department of Parks and
Recreation that any trees or shrubbery on private property do constitute a
traffic hazard or a menace to the public health, safety and welfare, the owner
or owners of such trees and shrubbery shall be given a written request by the
Department to remove the same within ten (10) days from the date of such request;
and, in the event of failure to comply with such request within the time specified,
the Department shall cause the removal or cutting of said trees or shrubbery so as
to eliminate said hazard or menace, and the cost thereof shall be collected either
by proceedings in the Justice Court or by special assessment against the property
on which such trees or shrubbery are situated
Page 591
Section 14 Special Assessment The performance by the Department,
either directly or through any other department or agency, of any operation or
operations on any of the public places of the City of Livonia may be authorized
and financed under special assessment procedure, as provided by Ordinance No 31
IL
of the City of Livonia
Section 15 Adoption of Regulations The Department is authorized to
adopt regulations governing all operations in public places, and likewise governing
the performance, administration and enforcement of this ordinance. Such regulations
shall specify and control the kind, nature and description of trees, shrubs and
plants which may be grown, planted or maintained on or in any public place Said
regulations shall not become effective until approved by resolution of the Council
The Department shall cause copies to be made of the regulations and shall furnish
the same to all interested persons
Section 16 Enforcement This ordinance shall be enforced by the
Department of Parks and Recreation and by the Police Department
Section 17 PenaltyAny person who shall violate or fail to comply
with any of the provisions of this ordinance, or any of the provisions of the
regulations made pursuant to this crdirance, shall be guilty of a misdemeanor and,
on conviction, shall be punished by a fine not to exceed Five Hundred Dollars
($500 00) or by imprisonment for not more than(90) days, or by both such fine
and imprisonment in the discretion of the Court.
Section 18 Repeal. All ordinances or parts of ordinances in conflict
or inconsistent herewith are hereby repealed.
Section 19. Severability In the event any portions of this ordinance
are held invalid for any reason, then such holding shall not affect the remaining
portion of this ordinance
The foregoing ordinance was placed on the table for vote at the next regular
meeting
By Councilman Edgar, seconded by Councilman Jahn and unanimously adopted
as follows, it was :
A P / RESOLVED, that purchase order No 1096 for tables in Municipal
Court Building be and hereby is approved, to take the place of previous
purchase order
On motion cf Councilman Jahn, seconded by Councilman 'Whitehead and unanimously
passed, the meeting was adjourned at 2 :35 A M , December 18, 1951
Clark, City Cle c
Attested•
i
f
H ' Wolfe (' esident /