[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 12-8-1997 by Ord. No. 211 (Ch. 14, Art. II, of the 2003 Code
of Ordinances); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II). Subsequent amendments noted
where applicable.]
Blight, potential blight, certain environmental causes of blight,
or blighting factors which exist or may in the future exist shall
be prevented, reduced, or eliminated, consistent with the letter and
spirit of Act. No. 344 of Public Acts of 1945, as amended.[1]
[1]
Editor's Note: See MCLA § 125.71 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but shall not be limited to lumber, bricks, concrete
or cinder blocks, plumbing materials, electrical wiring or equipment,
heating ducts or equipment, shingles, mortar, concrete or cement,
nails, screws, or any other materials used in constructing any structure.
Includes but shall not be limited to parts of motor vehicles,
unused household appliances, scrap metal or any other used materials
of any kind.
Includes any motor vehicle which is not licensed for use
upon the highways of the State of Michigan, or which is inoperative.
Includes house trailer, any mobile living unit in the conditions described below in § 110-3G.
On and after the effective date of this chapter, no person,
firm or corporation of any kind shall maintain or permit to be maintained
the following uses, structures and activities upon leased, owned or
occupied property, since they are causes of blight or blighting factors
which, if allowed to exist, will tend to result in blighted and undesirable
neighborhoods, unless such uses, structures and activities are allowed
by Code provisions.
A.
Junk motor vehicles. The storage upon any property of junk motor
vehicles which is not in a completely enclosed building is prohibited.
B.
Abandoned vehicles. The abandonment or placement of any vehicle on
private property for a period of 24 continuous hours or more without
consent of the owner or occupant of the property, or for a period
of 24 continuous hours or more after the consent of the owner or occupant
of the property, or for a period of 24 continuous hours or more after
the consent of the owner or occupant of property has been revoked.
C.
Building materials.
(1)
Structures requiring permit. The storage upon any property of building
materials unless there is in force a valid building permit issued
by the Village of Cassopolis for construction upon said property and
said materials are intended for use in connection with such construction.
(2)
Structures not requiring permit. Materials used in constructing any
structure not requiring a permit shall be stored in a neat and orderly
pile and out of public view from the roadway and shall be used for
such construction within one year.
D.
Junk. The storage or accumulation of junk, trash, rubbish or refuse
of any kind is illegal, except domestic refuse stored in an enclosed
container, building or structure and in such a manner not to create
a nuisance for a period not to exceed 15 days.
E.
Machinery and/or equipment. Machinery and/or equipment for outdoor
use which is in good working order must be housed or stored in an
orderly manner that is out of public view if possible and does not
violate Village Code provisions or State of Michigan laws governing
junk and storage yards. Notwithstanding the above, however, operative
machinery that is in current use on the premises in relationship to
a farming or construction activity is exempt from the provisions of
this section.
F.
Vacant buildings. The existence of a vacant dwelling, garage, or
other outbuilding, unless such buildings are kept securely locked,
windows kept glassed, or neatly boarded up and otherwise protected
to prevent casual entry thereto by unauthorized persons.
G.
Uninhabitable structures. 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 or is a dangerous
structure or building as define under Act 167, Public Acts of 1917,[1] shall be deemed a violation, the purpose thereby being
to avoid injury to children and others attracted to such structures
or mobile living units, the devaluation of property values, and the
psychological ill effect of the presence of such upon adjoining resident
and property owners.
[1]
Editor's Note: See MCLA § 125.401 et seq.
H.
Painting. No dwelling, building or structure shall be maintained
with defective exterior wall coverings. "Defective exterior wall coverings"
includes, but is not limited to, lack of paint or weathering due to
lack of paint or any other approved protective covering.
I.
Partially completed structures. The existence of any partially completed
structure unless such structure is in the course of construction in
accordance with a valid and existing building permit issued by the
Village and unless such construction is completed within a reasonable
time.
This chapter shall be enforced by such persons who shall be
so designated by the Village Manager.
No person shall maintain or permit to be maintained any causes
of blight or blighting factors upon any property in the Village whether
owned, leased, rented or occupied by such person.
A.
Notification. The owner, if possible, and the occupant of any property
upon which any of the causes of blight or blighting factor set forth
in this chapter is found to exist shall be notified in writing to
remove or eliminate such causes of blight or blighting factors from
such property within 10 days after service of the notice upon him.
Such notice may be personally delivered or by certified mail, return
receipt requested.
B.
Granting of additional time. Additional time may be granted by the
enforcement officer where bona fide efforts to remove or eliminate
such causes of blight or blighting factors are in progress.
C.
Failure to comply. Failure to comply with such notice within the
time allowed by the owner and/or occupant shall constitute a violation
of this chapter.
A.
Unless otherwise designated herein, whoever violates any of the provision
of this chapter shall be responsible for a municipal civil infraction,
and subject to the payment of a civil fine determined in accordance
with the following schedule:
B.
The two-year period reference in Subsection A shall be determined as of the date of the first violation. For illustrative purposes only: if the first violation occurs on July 1, 2010, the two-year period shall be from July 1, 2010 to June 30, 2012.
C.
Each day that a violation of the standards established under § 110-3 exists, occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.
D.
Whoever violates this chapter shall also be subject to such additional
sanctions, remedies, and judicial orders as are authorized and provided
for under Michigan law.