Marc D. Tall, Mayor Peggy O’Connell, Mayor Pro Tem Ralph B. Blasier, Council Member Tyler D. DuBord, Council Member Karen S. Moore, Council Member

CITY COUNCIL

VIRTUAL MEETING AGENDA August 6, 2020

Patrick S. Jordan, City Manager Phil DeMay, City Clerk

John Bergman, City Attorney

City Council will hold this meeting virtually using WebEx. Detailed procedures by which the public can participate in the meeting electronically, including a telephone number and internet address is posted on our website home page “Virtual

Meetings” (Escanaba.org). The Council has adopted a policy to use a Consent Agenda, when appropriate. All items with an asterisk (*) are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda.

This will be a Virtual WebEx Regular Meeting

If you would like to take part in Public Hearings, Brief Public Comment, and General Public Comment please email clerk@escanaba.org or call (906) 786-1194 with a detailed message before 2:00pm Wednesday August

5, 2020,

Virtual Regular Meeting Thursday, August 6, 2020, at 7:00 p.m.

CALL TO ORDER ROLL CALL INVOCATION/PLEDGE OF ALLEGIANCE APPROVAL/CORRECTION(S) TO MINUTES – Regular Meeting – July 16, 2020 APPROVAL/ADJUSTMENTS TO THE AGENDA CONFLICT OF INTEREST DECLARATION(S) BRIEF PUBLIC COMMENT(S) PUBLIC HEARINGS 1. Second Reading, Public Hearing and Adoption of Ordinance No. 1235, An Ordinance to Amend Chapter XXI

Planning as Codified Under the Code of Ordinances – Reduce Membership on Planning Commission. Explanation: Administration is requesting the City Council to consider approval and adoption of Ordinance No. 1235, An Ordinance to Amend Chapter XXI Planning as Codified Under the Code of Ordinances – Reduce Membership on Planning Commission.

2. Second Reading, Public Hearing and Adoption of Ordinance No. 1236, An Ordinance to Amend Escanaba City

Ordinance, Chapter 6 – Building and Building Regulations, by Adding a New Article VIII – Demolition of Buildings. Explanation: Administration is requesting the City Council to consider approval and adoption of Ordinance No. 1236, An Ordinance to Amend Escanaba City Ordinance, Chapter 6 – Building and Building Regulations, by Adding a New Article VIII – Demolition of Buildings.

UNFINISHED BUSINESS – None NEW BUSINESS 1. Approval – Paving Bid – Public Works.

Explanation: Bids for the 2020/21 paving were solicited and were opened on July 21st. One bid was received. Administration is seeking Council approval of the 2020/21 paving from Payne & Dolan, Inc. for the unit prices as bid.

Agenda –August 6, 2020 2. Approval – Resolution Establishing City Council Oversight of Escanaba Housing Commission.

Explanation: The Escanaba City Council, by way of this Resolution, exercises its authority granted in MCL 125.655 to provide oversight in setting compensation ranges and classifications of the officers and employees of the Escanaba housing Commission.

3. Approval – Renewal of Contract with Delta County Prosecutor. Explanation: Administration is seeking Council approval to renew the City of Escanaba contract, with a $5,000 fee increase, with Delta County for Prosecution services for City Misdemeanors, provided by the Delta County Prosecutor.

4. Resolution - Supporting Businesses Affected by Executive Order 20-160. Explanation: Administration and City Council recognize the negative impact to businesses by Executive Order 20-160. It is the intent of the City of Escanaba to temporarily suspend City restrictions on the use of sidewalks in order to help businesses survive during this unprecedented time.

5. First Reading of Ordinance No. 1237, An Ordinance to Amend Chapter 18 of the Code of Ordinances to Prohibit Marihuana Establishments within the City Limits of the City of Escanaba. Explanation: Administration is requesting the City Council to consider this the first reading of Ordinance No. 1237, An Ordinance to Amend Chapter 18 of the Code of Ordinances to Prohibit Marihuana Establishments within the City Limits of the City of Escanaba – Extending the Temporary Prohibition on Commercial Marihuana presence in the City of Escanaba until September 16, 2022. Administration is requesting that the City Council set August 20, 2020, for the second reading, public hearing and adoption of Ordinance No. 1237.

APPOINTMENTS BOARD, COMMISSION, AND COMMITTEE REPORTS GENERAL PUBLIC COMMENT ANNOUNCEMENTS ADJOURNMENT

Respectfully Submitted

Patrick S. Jordan City Manager

OFFICIAL PROCEEDINGS CITY COUNCIL

CITY OF ESCANABA, MICHIGAN Regular Council Meeting Thursday, July 16, 2020

The meeting was called to order by the Honorable Mayor Marc D. Tall at 7:00 p.m. in the Council Chambers of City Hall located at 410 Ludington Street. Present: Mayor Marc D. Tall, Council Members, Ralph B. Blasier, Tyler D. DuBord,

Karen S. Moore, and Peggy O’Connell Absent: None Also Present: City Manager Patrick S. Jordan, City Clerk Phil DeMay, Department

Heads, media, and members of the public.

City Clerk DeMay led Council in the Pledge of Allegiance.

O’Connell moved, DuBord seconded, CARRIED UNANIMOUSLY, to approve Regular Meeting minutes from July 02, 2020, as submitted.

ADJUSTMENTS TO THE AGENDA

O’Connell moved, DuBord seconded, CARRIED UNANIMOUSLY, to approve the City Council Agenda as submitted.

CONFLICT OF INTEREST DECLARATION – None BRIEF PUBLIC COMMENT

Shane Lancour - discussed recreational marijuana in the City of Escanaba. Joni Moore – discussed recreational and medical marijuana in the City of Escanaba. Helene Tebear – discussed recreational and medical marijuana in the City of Escanaba. Christine Williams – discussed reducing the membership on the Planning Commission, recreational marijuana in the City of Escanaba, and the removal of site plan review and special land use from the Planning Commission. Paul Caswell - discussed reducing the membership on the Planning Commission and the removal of site plan review and special land use from the Planning Commission. Gary Carlson - discussed the Public Hearing Sidewalk Infill Plan. William Gasman - discussed recreational and medical marijuana in the City of

City Council Minutes July 16, 2020 – cont.

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Escanaba. Beth Sviland - discussed recreational and medical marijuana in the City of Escanaba. Rusty Bluse - discussed the Public Hearing Sidewalk Infill Plan. Jim Wayne - discussed recreational marijuana in the City of Escanaba. Matt Sviland - discussed recreational marijuana in the City of Escanaba. Helene Tebear – added more discussion to recreational and medical marijuana in the City of Escanaba. Joni Moore - added more discussion to recreational and medical marijuana in the City of Escanaba.

PUBLIC HEARINGS

PH-1 Public Hearing – Consideration of Sidewalk Infill Plan.

The Planning Commission, at the request of City Council, developed an Escanaba Sidewalk Infill Plan, a 5-year plan to complete the sidewalk networks within the City of Escanaba. This needed to be a budgeted capital item with payback via annual special assessments for parcels severed. This being a public hearing, Mayor Tall asked for public comment. Hearing no public comment, Mayor Tall then closed the public hearing. Council Member Moore applauded the Planning Commission for all their hard work they put in to the Sidewalk Infill Plan. Moore suggested due to the current economy and COVID-19 pandemic we postpone to a later date. Council Member Blasier, DuBord, and O’Connell echoed Moore’s concerns about the current state of the economy and suggested revisit the Sidewalk Infill Plan after COVID-19 has subsided at a later date to be determined. Mayor Tall suggested postponing this plan due to the concerns of the current economy and revisiting this item at a later date. Mayor Tall instructed City Manager Patrick Jordan to add two locations in town that desperately need sidewalks to the Capital Improvement Plan. The locations discussed are: 3rd Ave North and North 28th Street (Meijer Store) and from the US2 & 41 and Willow Creek Road (OSF Hospital). PH-1 DuBord moved, O’Connell seconded, CARRIED UNANIMOUSLY, to postpone the Sidewalk Infill Plan to a later date.

City Council Minutes July 16, 2020 – cont.

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UNFINISHED BUSINESS – None

NEW BUSINESS

NB-1 Presentation – Citizen Award for Heroism to Angel Lozada during the Delta Motel fire – Administration. Chief Robert LaMarche presented a Citizen’s Award for heroic action taken during the Delta Motel Fire. Mayor Tall presented “A Key to the City” to Angel Lozada for his heroic action taken during the Delta Motel Fire. Captain Darin Hunter presented Police Chief LaMarche “A Life Saving Award” for his acts of heroism during the Delta Motel Fire. NB-2 Approval – Bonifas Arts Center matching grant to support the Music Monday’s Summer Concert Series. Bonifas Arts Executive Director Sue Roll sought Council approval of a Resolution of Support for a matching grant to support Music Mondays Summer Concert Series. NB-2 “By Council Member Blasier, seconded by Council Member O’Connell;

RESOLUTION NO. 20-12

RESOLUTION - SUPPORTING THE GRANT APPLICATION TO THE MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS SEEKING

MATCHING FUNDS FOR THE "MUSIC MONDAYS" SUMMER CONCERT SERIES.

AT A MEETING OF THE CITY COUNCIL OF THE CITY OF ESCANABA, MICHIGAN, HELD ON JULY 16, 2020 RESOLUTION - SUPPORTING THE GRANT APPLICATION TO THE MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS SEEKING MATCHING FUNDS FOR THE "MUSIC MONDAYS" SUMMER CONCERT SERIES. WHEREAS, the City Council of the City of Escanaba, Michigan, does hereby find as follows: WHEREAS, the City desires to support the cultural lives of area residents through opportunities to be exposed to new art and music;

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WHEREAS, the City has an excellent partner in the Bonifas Arts Center to successfully organize and promote community events, and promote cultural tourism and sponsor area musicians through public concerts; WHEREAS, the City will administer the grant funds, if awarded, as set forth in the application; WHEREAS, the City has a policy detailing equal opportunity provisions for job applicants and public accommodations and agrees to conform to the Assurances and Guidelines set forth in the application; NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the City Council of the City of Escanaba, Michigan, that the grant application should be made to the Michigan Council for Arts and Cultural Affairs for the August 3, 2020 deadline.

Upon a call of the roll, the vote was as follows:

Ayes: Blasier, O’Connell, Moore, DuBord, Mayor Tall Nays: None

RESOLUTION DECLARED ADOPTED.” NB-3 First Reading of Ordinance No. 1235, Ordinance to reduce membership on Planning Commission, and Setting the Date of Thursday, August 6, 2020, for the Second Reading, Public Hearing, and Adoption. The Planning Commission is currently a 9-member Commission. It has been found difficult to get a quorum for Regular Meetings, let alone Special Meetings of the Commission. Administration requested a reduction in membership on the Planning Commission to 7 Commissioners. NB-3 Blasier moved, Moore seconded, to consider this the first reading of Ordinance No. 1235, An Ordinance to Amend Chapter XXI Planning as Codified under the Code of Ordinances and to set August 6, 2020, for the second reading, public hearing and adoption of Ordinance No. 1235.

Upon a call of the roll, the vote was as follows: Ayes: Blasier, Moore, DuBord, O’Connell, Mayor Tall Nays: None MOTION CARRIED.

NB-4 Discussion – Commercial Marijuana Ordinance – Administration. Ordinance 1200, disallowing commercial marijuana businesses in the City of

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Escanaba, contains a “Sunset” provision and will expire in Mid-September. Administration sought direction whether to prepare another ordinance to permanently opting-out of commercial marijuana in the City, or begin the organizational changes needed to accommodate commercial marijuana businesses in the City when the ordinance expires. NB-4 Moore moved, O’Connell seconded, to direct staff to amend Ordinance 1200 and extend the sunset clause two years. Upon a call of the roll, the vote was as follows: Ayes: Moore, O’Connell, Blasier, DuBord, Mayor Tall Nays: None MOTION CARRIED.

NB-5 First Reading of Ordinance No. 1236, Demolition Ordinance, and Setting the Date of Thursday, August 6, 2020, for the Second Reading, Public Hearing, and Adoption. Administration recommended adding to the Escanaba City Code of Ordinances, Chapter 6 - Building and Building Regulations, by adding a New Article VIII – Demolition of Buildings. NB-5 Blasier moved, O’Connell seconded, to consider this the first reading of Ordinance No. 1236, An Ordinance to Amend Escanaba City Ordinance, Chapter 6 – Building and Building Regulations, by Adding a New Article VIII – Demolition of Buildings and to set August 6, 2020, for the second reading, public hearing and adoption of Ordinance No. 1236.

Upon a call of the roll, the vote was as follows: Ayes: Blasier, O’Connell, Moore, DuBord, Mayor Tall Nays: None MOTION CARRIED.

NB-6 Approval – Solar Monitoring and Data Acquisition Agreement – Electrical. The City has been in talks with Michigan Technological University (MTU) regarding our solar facility. MTU is interested in gathering data from our site to compare the differences in performance between our original installation of mono facial panels and the expansion which consisted of bifacial panels. In return, MTU will provide analysis of the data collected which will help in future generation facilities. There was little to no cost associated with this agreement.

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NB-6 Blasier moved, DuBord seconded, CARRIED UNANIMOUSLY, to approve the Solar Monitoring and Data Acquisition Agreement with Michigan Technological University.

NB-7 Approval – Resolution Affirming Council’s Assumption of Site Plan Review and Special Land Use Approvals from Planning Commission – Administration. The Planning Commission, with 9 members, was having difficulty maintaining a quorum and conducting business. Escanaba City Council intended to temporarily assume the responsibility of Site Plan Review and Special Land Use Approval from the Planning Commission until such time as the Planning Commission was able to reach a quorum at a two consecutive, regular meetings. NB-7 - No Action Taken

APPOINTMENT(S) TO CITY BOARDS, COMMISSIONS, AND COMMITTEES – None BOARD, COMMISSION, AND COMMITTEE REPORTS

Council Members reviewed City Board and Commission meetings each attended since the last City Council Meeting.

GENERAL PUBLIC COMMENT Carl Stenberg – discussed Trump Rally over the weekend and someone knocking over a portable restroom. Recommends security cameras to be installed. William Gasman – apologized for speaking out of order. Discussed recreational marijuana sales in the City of Escanaba. Kyle Blomquist – City of Iron Mountain Council Member – discussed the benefits and trials the City of Iron Mountain has faced with opting in with the sale of recreational marijuana. Blomquist gave his recommendations to Council on the sunset clause. ANNOUNCEMENTS

Modified Sidewalk Sale July 25th;

Animal Shelter saved over 100 animals in June;

Mayor Tall proclaimed July 16, 2020 “Dan Wind Day” for his 25 years of service to the City of Escanaba’s Police Department.

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NB-8 Closed Session – Tentative 2020-2023 Labor Agreements – Administration. Administration sought council approval of the 2020-2023 Labor Agreements for the following Units: Water/Wastewater and Electric. O’Connell moved, DuBord seconded, to take a recess and then go into Closed Session. Upon a call of the roll, the vote was as follows: Ayes: O’Connell, DuBord, Moore, Blasier, Mayor Tall Nays: None MOTION CARRIED. The time was 9:01p.m. The time being 9:01p.m., the Council recessed. The Council came back into closed session at 9:10 p.m. O’Connell moved, DuBord seconded, to come back into open session. Upon a call of the roll, the vote was as follows: Ayes: O’Connell, DuBord, Moore, Blasier, Mayor Tall Nays: None MOTION CARRIED. The time was 9:44 p.m. No Council Actions were taken during the closed session. NB-8 Blasier moved, O’Connell seconded, to approve the 2020-2023 Labor Agreements for the following Units: Water/Wastewater and Electrical.

Upon a call of the roll, the vote was as follows: Ayes: Blasier, O’Connell, Moore, DuBord, Mayor Tall Nays: None MOTION CARRIED.

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Hearing no further public comment, O’Connell moved, the Council adjourned at 9:45 p.m.

Respectfully submitted Phil DeMay Approved: _____________________ City Clerk Marc D. Tall, Mayor

ORDINANCE NO. 1235

AN ORDINANCE TO AMEND CHAPTER XXI PLANNING AS CODIFIED UNDER THE

CODE OF ORDINANCES

THE CITY OF ESCANABA HEREBY ORDAINS:

CHAPTER I

Chapter 21 of the Escanaba Code of Ordinances is hereby amended to read as follows

under Article II. City Planning Commission-:

Sec. 21-17. - Membership. (a) The commission shall consist of seven (7) members appointed by the Escanaba City Council. To be qualified to be a member and remain a member of the commission, the individual shall meet the following qualifications:

(1) Shall be a qualified elector of the City of Escanaba, except one nonqualified elector may be a member of the commission; (2) Shall not be a declared candidate for any political office, except this condition shall not apply to the city council representative to the commission; (3) Shall meet the conditions provided for each individual member in subsections 21-17(c), 21-17(d) and 21-17(e) of this article, except the geographical location of the individual's residency may be considered optional.

(b) Members shall be appointed for three-year terms. However, when first appointed, a number of members shall be appointed to one-year, two-year, or three-year terms such that, as nearly as possible, the terms of one-third of all commission members will expire each year. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment such that, as nearly as possible, the terms of one-third of all commission members continue to expire each year. (c) Ex officio members shall include one member of the city council. The terms of office of ex officio members shall coincide with their elected terms of office on the legislative body or the term of office of the chief elected official who appointed him or her. (d) The membership shall be representative of the important segments of the community, such as the economic, governmental, educational, and social development of the City of Escanaba, in accordance with the major interests as they exist in the City of Escanaba, as follows:

(1) Construction, development; (2) Natural resources; (3) Recreation; (4) Education; (5) Public health; (6) Government; (7) Transportation; (8) Industry; (9) Commerce.

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(e) The membership shall also be representative of the entire geography of the City of Escanaba to the extent practicable, and as a secondary consideration to the representation of the major interests. (f) A member of the City Council of the City of Escanaba shall not be chair of the commission.

CHAPTER II SAVINGS CLAUSE

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

CHAPTER III CONFLICTING ORDINANCES REPEALING CLAUSE

All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

CHAPTER IV EFFECTIVE DATE

This Ordinance shall be in full force and effect ten (10) days after its passage and publication. APPROVED: APPROVED: John M. A. Bergman Marc D. Tall City Attorney Mayor Date Approved: (Month) (Date), 2020 Attest Date Published: (Month) (Date), 2020 Phil DeMay City Clerk I hereby certify that the foregoing constitutes a true and complete copy of an Ordinance duly adopted by the City Council of the City of Escanaba, County of Delta, Michigan, at a Regular Virtual Meeting held on the 6th day of August, 2020, and was published in the Daily Press, a newspaper of general circulation in the City of Escanaba on (Day), (Month) (Date), 2020, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Phil DeMay City Clerk

ORDINANCE NO. 1236

AN ORDINANCE TO AMEND ESCANABA CITY ORDINANCE, CHAPTER 6 – BUILDING AND BUILDING REGULATIONS BY ADDING A NEW ARTICLE VIII –

DEMOLITION OF BUILDINGS

Short Title: This section shall be known as and may be cited as the “City of Escanaba Building Demolition Ordinance.” The City of Escanaba Ordains: Chapter 1. New Article VIII. – Demolition of Buildings is hereby adopted as follows: Section 6-115 – Demolition to comply with existing codes; permit required. All demolition of buildings in the city shall be accomplished using procedures and complying with the standards of all codes in force at the time of demolition. Prior to work beginning, demolition permits must be obtained through Delta County Building & Zoning, which must include proof of damage deposits/waiver authorization as outlined in Section 6-116. Section 6-116 – Damage deposits; waivers.

A. All abandonments of sewer lateral and water service connections and repair of work done on public property shall be the financial responsibility of the property owner and will be charged against damage deposits collected prior to permit issuance.

B. Abandonment of Water/Sewer Lines 1. All physical abandonments of the water service within the City’s right-of-

way (ROW) shall be performed by the City of Escanaba. 2. All physical abandonments of the wastewater lateral within the City’s ROW

shall be performed by either the City of Escanaba or a private contractor who has obtained an Excavation/ROW permit from the City. All work and restoration must be completed to City specifications and must be inspected by the Wastewater Superintendent or their representative before burial. If the lateral is shared with a neighbor, the abandonment must not terminate or cause damage to the other lateral or affect its connection to the city sewer. Said abandonment shall be in close proximity to the neighbor’s lateral. All such abandonments must be approved by the Wastewater Superintendent before excavation begins.

C. Repair Of Work Done On Public Property 1. If the demolition or abandonment of any building, sewer connection or

water connection requires the removal and/or replacement of hard and/or soft surfaces (i.e. asphalt, cement, grass, etc.), the City of Escanaba will inspect and approve all repairs to ensure workmanship and quality of installation standards are met.

2. In the event repairs must be made by the City of Escanaba, all labor, material, etc. shall be applied against the deposit. Should this type of restoration be conducted by a private contractor, a final Inspection must be conducted and approved by the City Engineer or their representative.

D. Should costs exceed the amount of the deposits, the property owner or responsible person shall be responsible for all excess costs. The City of Escanaba shall provide an itemized invoice of costs to the property owner and/or responsible person and will provide a refund of any excess deposit.

E. For any proposed demolition project not involving potential damage to water/sewer lines or other city property, the property owner may request a waiver on any or all of the above-required deposits. City Department Heads will review the project scope and approve/deny the waiver request.

Section 6-117 – Protection of property and free passage. Structures shall be demolished in such manner as to avoid hazards to persons and property, interference with the use of adjacent buildings, and interruption of free passage to and from such buildings. The city may require, in appropriate cases, a suitable fence to be constructed around the work site, where conditions indicate the safety of the public requires such fence.

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Section 6-118 – Obstruction of traffic. The contractor shall not close or obstruct any street, sidewalk, alley, or passageway unless specifically authorized by the City. No material whatsoever shall be placed or stored in any such area. The owner or contractor shall not interfere with the use of roads, streets, alley, driveways, passageways, sidewalks, or other travel facilities. Section 6-119 – Dust control. During the demolition of any building or structure, the work shall be kept thoroughly wetted down to prevent the spread of dust. The owner or contractor shall provide water and necessary connections. Section 6-120 – Explosives prohibited. Explosives shall not be used for demolition. Section 6-121 – Removal of materials.

A. All building and structures to be demolished shall be completely razed and all materials shall be removed from the site and disposed of in accordance with all applicable laws and regulations. All materials, including, without limitation, every installation, part of a building or accessory building or other improvement on the premises, whether above or below grade, shall be completely removed from the site. No part of any basement or infrastructure below grade shall remain.

B. Under unusual or extraordinary circumstances and upon written request of the landowner, the City Manager may waive all or part of the above requirement regarding removal of below-grade materials or infrastructure. Upon approval of the waiver, the landowner shall execute and record with the County Register of Deeds a notice indicating to future owners of the property that underground materials or infrastructure remains on the property.

Section 6-122 – Disposal of debris and materials. All debris, combustible and noncombustible, hazardous materials of any kind, and all other materials shall be disposed of in accordance with all applicable statutes, ordinances, and regulations of the United States, this state, or any local ordinance, rule, or regulation, including those of locations where the materials are deposited or transported for disposal. Section 6-123 – Fill of below grade spaces. All below grade spaces, depressions, or excavations, including, without limitations, former basements, cellars, septic tanks, pits, wells, and any other excavation, shall after removal of all installations and materials, be filled with clean fill and compacted, except for the top three inches, which shall be filled with black dirt and seeded with grass seed. Section 6-124 – Inspection and certification. No excavation hole or depression shall be filled until an authorized representative of the City has inspected and certified that all existing materials located below grade have been removed. Section 6-125 – Removal of sidewalk openings. Sidewalk openings and the covers of all sidewalk openings such as coal holes, vaults or stairwells connected with buildings or premises in the demolition area shall be removed and the openings filled with approved material tamped level with the sidewalk. An approved installation of the resulting sidewalk surface shall be installed with approval from the City. Section 6-126 – Burning prohibited. No burning shall be permitted within the project area. Section 6-127 – Cleanup. The owner or contractor shall remove all debris and equipment and dispose of all material, as above required, and leave the ground clear of all materials, rubbish, or debris. Section 6-128–Allotted time. The completion of the demolition project from start to finish should be accomplished within 30 (thirty) days of the permit being issued for single family residential, duplex or

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muti-family rentals small motel buildings or similar structures. Larger commercial building demolitions requiring longer time lines may request an extension of 30 days, to a maximum of 60 (sixty) days total. Such request shall be first reviewed and approved by the City Manager, the City Code Official and the City’s utility Department Heads. Section 6-129– Violations. Any person demolishing or causing the demolition of a structure in violation of the standards of this article shall be responsible for a municipal civil infraction subject to payment of a civil fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) plus costs and other sanctions for each infraction. Increased civil fines may be imposed for repeated violations by a person of any requirement of this Code. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provisions (i) committed by a person within any six-month period (unless some other period is specifically provided by this Code or any ordinance) and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense which is a first repeat offense shall be no less than two hundred fifty dollars ($250.00), plus costs. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than five hundred dollars ($500.00), plus costs. Each day on which any violation of this Code continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. The owner of any building or premises, or part thereof where any conditions in violation of this Ordinance exist or shall be created, and any architect, builder, contractor, agent, corporation or person employed in connection therewith, and who has assisted knowingly in the commission of any such violation shall each be guilty of a separate offense and upon conviction thereof shall be liable to the fines as provided.

CHAPTER 2. SAVINGS CLAUSE

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

CHAPTER 3. CONFLICTING ORDINANCES REPEALING CLAUSE

All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

CHAPTER 4. EFFECTIVE DATE

This Ordinance shall be in full force and effect ten (10) days after its passage and publication. APPROVED: APPROVED: John M. A. Bergman Marc D. Tall City Attorney Mayor Date Approved: (Month) (Date), 2020 Attest Date Published: (Month) (Date), 2020 Phil DeMay City Clerk

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I hereby certify that the foregoing constitutes a true and complete copy of an Ordinance duly adopted by the City Council of the City of Escanaba, County of Delta, Michigan, at a Regular Virtual Meeting held on the 6th day of August, 2020, and was published in the Daily Press, a newspaper of general circulation in the City of Escanaba on (Day), (Month) (Date), 2020, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Phil DeMay City Clerk