Markey Township Anti-Blight and Nuisance Type Activity Ordinance #36
AN ORDINANCE to secure the public health, safety, and general welfare of the residents and property owners of Markey Township, by the regulation of uses, conditions and property, including environmental conditions which exist or which may exist in the future, and to prevent, reduce or eliminate blight, blighting factors, causes of blight and nuisance-type activities and to provide for the enforcement and penalties for the violations hereof.
AUTHORITY: By virtue of the power vested by Act 246 of the Public Acts of 1945, being MCLA 41.181-183 as amended, the
TOWNSHIP BOARD OF MARKEY TOWNSHIP,
ROSCOMMON COUNTY, MICHIGAN, ORDAINS:
Section 1. TITLE
This Ordinance shall be known and cited as the Markey Township Anti-Blight and Nuisance-Type Activity Ordinance.
Section 2. LEGISLATIVE FINDINGS
It is hereby determined that there exists on privately owned parcels of land within Markey Township accumulations of junk, junk vehicles, garbage, rubbish or the maintenance of uses, blight conditions, structures or nuisance type activities which, if allowed to exist, will tend to result in blighted or undesirable neighborhoods and that such accumulation of junk, junk vehicle(s), garbage, rubbish or blighted conditions or the continuation of nuisance-type activities constitutes a hazard to the public health, safety and welfare of the residents of Markey Township for the reasons that they provide a habitat conducive to breeding and nesting of rats, mice or other vermin and also that they contain objects with sharp edges and other hazards which could injure small children who would be attracted to play theron without appreciating the danger thereof, and/or that they diminish property values and that the regulations contained in this Ordinance are the minimum regulations required to eliminate the foregoing undesirable condition and protect the public health, safety and welfare.
Section 3. DEFINITIONS
A. Blight. As used in this Ordinance, "blight" means any use, structure, interior or exterior, or activity which, if allowed to exist, will tend to result in undesirable neighborhoods, including but not limited to the existence of any structure or part of any structure which, because of fire, wind or other natural disaster or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may be intended.
B. Garbage. As used in this Ordinance, "garbage" means any accumulation of trash, refuse or litter, specifically including, but not limited to, containers once containing edible, drinkable or useable materials, as well as dead animals (or parts thereof) and discarded edible or drinkable items.
C. Junk. As used in this Ordinance, "junk" means any used, unused, or unusable building materials whether made of wood, concrete, cement or shingles or any other material or other cast-off material of any kind, whether or not the same can be put to any reasonable use, furniture, machinery, appliances or part thereof.
D. Junk Vehicle. As used in this Ordinance, "junk vehicle" means an unused or unusable motor vehicle or parts thereof, including a vehicle which, because of mechanical condition or missing parts, cannot be driven or which lacks current and proper license and/or registration and/or insurance as required by Michigan statutes for public roadway use, and is stored or parked for a period of thirty or more consecutive days in one location.
This definition does not apply:
1. to a vehicle or parts thereof which are stored completely inside an enclosed building or
2. to any vehicle on the premises of a business enterprise operated in a lawful place other than in a residential district, provided the same is operated in a lawful manner, and the keeping or maintenance of such a vehicle is necessary for the operation of such business enterprise or
3. with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the county or other public agency or entity.
E. Nuisance-Type Activity. As used in this Ordinance, "nuisance-type activity" means any condition or use of interior or exterior of a dwelling, premises or property which is detrimental to the premises or property of another or which causes or tends to cause substantial decrease in the peace and tranquility or value of other property, in the neighborhood in which the offending premises or property is located. This includes, but is not limited to, the following:
1. The keeping of, or depositing on, or scattering over or around the dwelling, premises or property any decomposable substances, and specifically including substances edible by and attractive to rodents, rats or other vermin and any substances, including garbage, fish and offal, filth and/or rubbish, constituting breeding areas for flies and bacteria.
2. The maintenance of any vacant dwelling, garage or other outbuilding unless such building(s) is/are kept securely locked, windows glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals, or other unauthorized persons.
3. The keeping of any animal, bird or fowl, which emanates or extends noise which shall unreasonably disturb the peace, quiet, comfort or repose of any person in the vicinity, including allowing or permitting any dog to bark repeatedly in an area where such barking can be clearly heard from any nearby residential property.
4. The storage of logs for the purpose of firewood must be stored neatly in split and stacked 4 foot high by 8 foot cords in the side or rear yards of the property. When clearing a lot in preparation of a construction site, the storage of Un-split logs, stumps and/or pulp wood for periods greater than 12 months is prohibited on land or property in platted subdivisions or parcels of less than one acre, within the following residentially zoned districts: R-1(a), R-1(b) and R-2. (amendment #1 dated 5/21/04.
5. On any property in a platted subdivision in which buildings have been erected upon sixty (60) percent or more of the lots therein upon which a building has been erected (amendment #2 dated 7/29/04)or parcels of less than one acre upon which a building has been erected, allowing grass or weeds to grow to a height greater than twelve (12) inches, unless a permit has been authorized by the Land Use Administrator to allow landscape scenes that include natural features or settings.
6. Any other repeated or continuous loud noise or disturbance that may be injurious to the health, peace, quiet, comfort or repose of any resident or property owner of nearby residential property.
F. Rubbish. As used in this Ordinance, "rubbish" means waste paper, tinware or aluminum ware, tin or aluminum cans, tin or aluminum cuttings, boxes, glass, straw, shavings, barrels, lumber, paper cartons, brush, lawn cuttings and hedge trimmings.
Section 4. UNLAWFUL ACTS.
A. Maintenance of Blight. On and after the effective date of this Ordinance, no person, firm or corporation of any kind shall maintain or permit to be maintained any blight or causes of blight on any property in Markey Township which is owned, leased, rented or occupied by such person, firm or corporation which causes substantial diminution in the value of other property in the neighborhood in which such premises are located.
B. Storage of Junk. No owner, occupant or possessor of land within Markey Township shall without a land fill permit, keep or permit to be kept at any two times, not less than fifteen (15) days apart, within any calendar month on such parcel any accumulation of junk theron which has a total cumulative weight exceeding forty (40) pounds or a total cumulative dimension exceeding nine (9) cubic feet unless the same is within a completely enclosed building.
C. Storage of Junk Vehicles. No owner, occupant or possessor of land within Markey Township, which land is zoned for residential purposes, shall keep or permit to be kept at any time, for more than fifteen (15) days, any junk vehicle theron unless the same is within a completely enclosed building.
D. Storing of Rubbish or Garbage. No owner, occupant or possessor of land in Markey Township shall keep or permit to be kept at any two (2) times, not less than fifteen (15) days apart, within any calendar month on such parcel any rubbish or garbage unless the same is kept within a closely covered can or other metal, plastic or rubber container designed for same and sufficient to prevent entry by rats, mice vermin or other animals.
E. Dumping of Junk, Rubbish or Garbage. No person, corporation, association or other legal entity shall either themselves or through their agents, dump or deposit any amount of junk, rubbish or garbage as defined herein on any property owned by another, including property owned by the federal government, the State of Michigan, or any governmental agency.
F. Removal of Building Materials. Within a period of no greater than twelve months from the date a Certificate of Occupancy has been issued, all building materials, including but not limited to lumber, roofing materials, trees and stumps removed during construction shall be removed from the site.
G. Maintenance of Nuisance-Type Activity. No person, firm or corporation of any kind shall maintain or permit to be maintained any nuisance type activity on any property in Markey Township which is owned, leased, rented or occupied by such person, firm or corporation which may be injurious to the health, peace and quiet, safety or tranquility of the residents or property owners of the township or causes substantial diminution of value of other property in the neighborhood.
H. Peace and Quiet. No person, firm or corporation of any kind shall maintain or permit to be maintained any type of activity that produces noise levels that distract from the peace and quiet of the community between the hours or 10:00 p.m. and 7:00 a.m., except for in the case of an emergency requiring assistance from Police, Fire and/or Ambulance. (amendment #1, dated 5/21/04).
I. Complicity. Any person who procures, aids or abets the commission of any act in violation of this Ordinance, whether individually or together with another person, or as principal agent or accessory, shall be guilty or responsible for the commission of the violation as if he/she/they committed the act themselves, which shall include, but not be limited to any person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision herein.
Section 5. PRIMA FACIE PROOF
A. Blight. In any litigation arising under this Ordinance, testimony that any premises which has been observed to have any of the following on at least two (2) separate dates, at least four (4) days apart, within any calendar month, shall constitute prima facie proof that such property is a blight causing substantial diminution in the value of other property in the neighborhood in which such premises is located:
1. Any structure, which is so damaged, decayed, dilapidated, unsanitary, and unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
2. Any structure, which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
3. Any structure which, because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
4. Any partially dismantled, wrecked, junked, discarded or otherwise non-operating motor vehicle on such property.
5. Any property which is located within a platted subdivision or if outside of a platted subdivision is less than one acre in size, and upon which a building has been erected, which has grass or weeds that have grown to a height greater than 12 inches, without a permit from the Land Use Administrator.
B. Junk/Junk Vehicle/Garbage/Rubbish. In any litigation arising under this Ordinance, testimony that any furniture, machinery, appliance, or parts thereof have been observed in the same place on at least two (2) separate dates, at least four (4) days apart, within any calendar month shall constitute prima facie proof that such machinery, appliance or parts thereof are inoperable, unused, or unusable as defined in Section 2 above. Likewise, in any litigation arising under this Ordinance, testimony that any motor vehicle, or parts thereof, have been observed in the same place for a period of thirty (30) consecutive days shall constitute prima facie proof that such motor vehicle or parts thereof are inoperable, unused or unusable as defined in Section 2 above.
C. Nuisance-Type Activity. In any litigation arising under this Ordinance, testimony that any nuisance type activity as defined herein has occurred on at least two (2) separate dates, at least four (4) days apart, within any calendar month shall constitute prima facie proof that such activity has existed contrary to this Ordinance.
Section 6. PENALTIES
A. Any violation of this Ordinance shall be a Municipal Civil Infraction, subject to payment of a civil fine of not less than $50.00, plus applicable costs and other sanctions for each violation as authorized by Section 21 of Act 359 of the Public Acts of 1947, as amended and the Markey Township Municipal Ordinance Violations Bureau Ordinance.
B. Repeat offenses under this Ordinance shall be subject to increased fines as provided by this Section. As used in this Section, "repeat offense" means a second (or any subsequent) violation of the same requirement or provision of this Ordinance within any three (3) year period for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows:
1. The fine for any offense which is a first repeat offense shall be not less than $125.00, plus costs.
2. The fine for any offense which is a second repeat offense shall be not less than $250.00, plus costs.
3. The fine for any offense which is a third repeat, or any subsequent repeat offense, shall be not less than $400.00 each, plus costs.
C. Each day on which any violation of this Ordinance occurs or continues, constitutes a separate offense subject to separate sanctions.
D. If there is any evidence of retaliation by any offender against any complainant or witness, such evidence shall be communicated to the District Court. In sentencing any violator, the District Court or Magistrate shall first examine the evidence of retaliation, and if such be shown, shall consider such acts, including the amount of property damage, and sentence the violator accordingly, which sentence may include restitution for any damage.
Section 7. DECLARATION OF NUISANCE
Any violation of any provision of this Ordinance is hereby declared to be a nuisance and the Township may seek enforcement of the Ordinance by suit for injunction, damages, or other appropriate legal action, as against a nuisance. Any such civil action shall be in addition to any prosecution for violations of this Ordinance as a Municipal Civil Infraction.
Section 8. ENFORCEMENT OFFICER
This Ordinance shall be enforced by such persons who shall be so designated by the Township Board.
Section 9. SEVERABILITY
The invalidity of any clause, sentence, paragraph or part of this Ordinance shall not affect the validity of the remaining parts of this Ordinance.
Section 10. EFFECTIVE DATE
This Ordinance shall take effect 30 days following publication, as required by law, on January 19, 2003. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
This Ordinance was adopted by the Township Board of the Township of Markey, Roscommon County, Michigan at a regular meeting held on December 9, 2002. The Ordinance will take effect 30 days after the December 19, 2002 date of publication. On a roll call vote, 5 aye votes were recorded. No nay votes.
I certify that this is a true and correct copy of Markey Township Anti-Blight and Nuisance Type Activity Ordinance #36.
________________________
Shirley A. Meibeyer
Markey Township Clerk
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