General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Section 18-35. Reservation of Police Powers. [Ord. 139, 10/16/2002] Pursuant to Section 15(2) of the Act, this ordinance shall not limit the City's right to review and approve a telecommunication provider's access to and ongoing use of a public right-of-way or limit the City's authority to ensure and protect the health, safety, and welfare of the public. Section 18-36. Severability. [Ord. 139, 10/16/2002] The various parts, sentences, paragraphs, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this ordinance is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the unconstitutionality or invalidity shall not affect the constitutionality or validity of any remaining provisions of this ordinance. Section 18-37. Authorized City Officials. [Ord. 139, 10/16/2002] The City Manager or his or her designee is hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the municipal chapter violations bureau) for violations under this ordinance as provided by the City Code. Section 18-38. Municipal Civil Infraction. [Ord. 139, 10/16/2002] A person who violates any provision of this ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to Sections 1-6 through 1-8 of the Municipal Code. Nothing in this Section 18-38 shall be construed to limit the remedies available to the City in the event of a violation by a person of this ordinance or a permit. Chapter 18- STREETS AND SIDEWALKS 18-16
CITY OF NEW BUFFALO CODE OF ORDINANCES ARTICLE VI. VACATION OF STREETS Section 18-39. Initiation of Proceedings. [Ord. 163, 11/14/2006] Proceedings for the vacation, discontinuance or abolishment of any street, alley, public ground, or part thereof, may be initiated by the City Council, or by the owners of more than two-thirds of the property abutting the part of the street, alley or public ground to be vacated subject to the procedures as set forth in this Chapter. Section 18-40. Petition. [Ord. 163, 11/14/2006] The City of New Buffalo or owner of an interest in any real estate abutting on any street, alley or public ground who may desire to vacate said street, alley or public ground, or any part thereof, shall petition the City Council for the vacation of said street, alley or public ground, or any part thereof in the manner hereinafter provided herein. Such petition shall be on such form as may be prescribed by the City and shall be submitted with the following: A. A "Vacation Petition" with supporting affidavits on forms provided by the City Clerk signed by the owners of more than two-thirds of the property abutting on the street, alley or public ground to be vacated; B. A legal description of the area to be vacated prepared by a licensed surveyor; C. For each petitioner, a title report indicating ownership and providing a legal description of the property owned by the petitioner; D. Proof of payment of the Vacation Petition Application Fee as established by Section 18-40 (no fee if the City petitions); E. Any additional information or material that the City Manager determines is reasonably necessary prior to its consideration of the requested vacation. Upon receipt of the required application materials, the City Clerk shall distribute copies of said materials to each member of the City Planning Commission for preparation of the Planning Commission Report defined in Section 18-42. Section 18-41. Fee. [Ord. 163, 11/14/2006] The party proposing, recommending or petitioning for the vacation, discontinuance or abolishment of any street, alley, public ground or part thereof shall pay to the City Treasurer a fee as from time to time set by the City Council. Until all fees have been paid in full, no action shall be taken on the petition or application. Under no condition shall such fee or any part thereof be refunded for failure of such vacation, discontinuance or abolishment to be approved by the City Council. Section 18-42. Planning Commission-Hearing and Notice. [Ord. 163, 11/14/2006] Upon receiving a qualifying petition and fees, the Planning Commission shall appoint a time, not less than 4 weeks thereafter, when they will meet and hear objections thereto; notice of such meeting with a copy of said resolution shall be published for not less than four weeks before the time appointed for such meeting, in one of the newspapers of the City. In addition, the City Clerk shall mail a notice of the meeting, including a copy of the resolution, to the respective owners of all property abutting upon any land directly affected by this proposed action. This notice shall be sent by first class mail to the addresses of the owners as shown on the last assessment roll, at least fourteen days in advance of the date set for the hearing. In addition to the date, time and location of the meeting described herein, the notice published and mailed as required herein shall include the following: Chapter 18- STREETS AND SIDEWALKS 18-17
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General Ordinances - City of New Buffalo

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