[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 4-16-1990 by Ord. No. 90-004. Amendments noted where
applicable.]
GENERAL REFERENCES
Construction codes and regulations — See Ch. 275.
Property damage — See Ch. 519.
Property maintenance — See Ch. 525.
Solid waste — See Ch. 610.
STATUTORY REFERENCES
State Housing Code — See MCLA
§ 125.401 et seq.
Municipal Housing Act — See
MCLA § 125.651 et seq.
Municipal housing commissions — See
MCLA § 125.653 et seq.
Adoption, promulgation and publication of rules — See
MCLA § 125.694b.
Acquisition and maintenance of housing projects — See
MCLA § 125.731 et seq.
Neighborhood area improvements — See
MCLA § 125.941 et seq.
Hotels, boarding and lodging houses — See
MCLA § 427.1 et seq.
[Amended 9-7-1999 by Ord. No. 99-008]
A.
The purpose of this chapter is to protect, promote
and provide for the health, safety, sanitation and general welfare
of the citizens of the City of Monroe and to suppress disease and
contamination by preventing, eliminating and removing blight and/or
blighted conditions within the City of Monroe.
B.
It shall be the duty of every owner, possessor, occupant, tenant or user of any real or personal property within the City of Monroe, whether on public or private property, including, but not limited to, sidewalks in their entirety and public streets and alleys to their centers, to provide for the abatement, elimination or removal of any and all blight and/or blighted conditions as listed in § 210-2 of the Code of the City of Monroe.
[Amended 9-7-1999 by Ord. No. 99-008; 7-6-2004 by Ord. No.
04-010; 6-18-2007 by Ord. No. 07-010]
A.
Structures, properties, uses and activities in violation
of the following standards are defined as blight and/or blighted conditions.
On and after the effective date of this chapter, no owner, possessor,
occupant, tenant or user of any real or personal property shall cause,
allow, permit, keep or maintain any such blight or blighted conditions
upon any land or premises in the City of Monroe owned, possessed,
occupied, leased, rented or used by said owner, possessor, occupant,
tenant or user.
(1)
Fences. All fences shall be maintained in good repair
and shall be erected in compliance with all applicable City codes
and ordinances.
(2)
Front yards.
(b)
Front yards shall be maintained with trimmed
grass or other trimmed ground cover and free of debris and significant
accumulations of leaves. This section shall not prohibit the use of
incidental and ornamental decorative landscaping materials.
(c)
Recreational equipment, including, but not limited
to, bicycles, toys and outdoor furniture, shall not be placed or located
in any front yard for a period longer than two consecutive days. Household
furniture that has been designed for interior use shall not be placed
on front porches or in front yards. This section shall not prohibit
the incidental use of lawn or porch furniture on front porches or
in front yards.
(3)
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.
(4)
Dog pens and runs. Dog pens and dog runs shall not
be placed in front yards. Such pens shall be located not less than
10 feet from adjacent properties, unless a six-foot obscuring fence
is constructed to separate the pen or run from the adjacent property.
All dog pens and runs shall be kept free of feces, garbage and other
odor-causing materials.
(5)
Windows. Windows shall be maintained free of defective,
deteriorated, broken, rotted or split frames and sills. All broken
windows shall be replaced, except that such windows may be temporarily
sealed or boarded up for a period not to exceed 30 days.
(6)
Window and wall coverings. Visqueen or other exterior
window and wall coverings shall be maintained in good condition, free
from tears and securely fastened to the building. Visqueen may be
used as a temporary wall covering where required for protection due
to construction, fire, accident or act of God.
(7)
Trimming of bushes, trees, etc. Bushes, trees and
other landscape materials shall not interfere with pedestrian traffic
on public sidewalks. All landscaping material on corner lots, terraces
or lots adjacent to alley and street intersections shall be maintained
to allow clear vision for pedestrians and motorists and shall be removed
from private property should they be diseased or dead.
(8)
Grasses and weeds. The maximum growing height of weeds,
grasses or ground cover shall be eight inches.
(9)
Fallen leaves. Significant accumulation and piles
of leaves may not remain longer than seven days and shall be disposed
of in a proper manner.
(10)
Storage. Storage of trash, garbage, junk, waste
materials and deteriorated furniture and appliances shall be prohibited
on open front porches and in front and side yards. Such materials
may be temporarily stored in a rear yard if such storage complies
with the Code of the City of Monroe and is not for longer than seven
continuous days.
(11)
Hanging clothes. Clothes shall not be hung on
open front porches, trees or fences. This section shall not prohibit
the hanging of clothing on clotheslines erected in the rear yard.
(12)
Firewood. All firewood shall be stacked so that
it does not create a safety hazard. Such stacked wood shall be stored
on a concrete surface or 18 inches off the ground and shall not exceed
six feet in height and shall only be stored in backyards. For purposes
of this section, stacked wood shall be considered an accessory structure
per the Zoning Code.
(13)
Deteriorated vertical members. No dwelling,
building or other structure shall be maintained in such a condition
that it will create deteriorated, crumbling, loose, rotten, split
or buckled walls, partitions, parapets or vertical supports. Fireplaces
or chimneys which list, buckle or settle due to defective materials
or deterioration shall be prohibited.
(14)
Motor vehicles:
(a)
Storage of a motor vehicle on public or private
property out-of-doors shall be prohibited when:
(15)
In any area zoned residential by the Zoning
Code, the out-of-doors storage upon any premises of building materials
is prohibited, unless construction work is being done on said premises
and the materials are intended for use in connection with such construction.
Building materials include, but are not 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. All construction debris shall be removed from any premises
within 15 days after the permit has been finalized.
(16)
GARBAGE
JUNK
REFUSE
RUBBISH
Junk, rubbish, garbage and refuse. Subject to exception as provided in Subsection A(10), the accumulation of junk, rubbish, garbage or refuse, out-of-doors on public or private property or in yards or easements is prohibited. As used in this subsection:
By-products of foods or food processing.
Parts of machinery, motor vehicle parts, vehicles, construction
machinery or unused appliances, metals or materials.
Cement pieces, cut trees and branches or commercial wastes.
Waste materials, including papers, boxes, cardboard, grass
clippings, leaves, garden and flower stock or plastics. Rubbish does
not include grass clippings, leaves, garden and flower stock used
for compost for garden fertilizer.
(18)
Security. All dwellings, buildings and structures
shall be kept securely locked and the windows thereof shall be kept
in good repair. This subsection prohibits the existence of any building
or structure or any part of a building or structure which, because
of fire, wind or other natural disaster, neglect, physical deterioration
or dilapidation, is:
(19)
Residential areas in nonresidential districts.
In any area zoned other than residential by the Zoning Code, the causes
of blight or blighting factors stated herein apply to any structure
that is utilized for residential purposes, unless such uses are incidental
to, and necessary for, the carrying on of any business or occupation
lawfully being conducted upon the premises involved.
(20)
Partially completed structures. In any area
the existence of any partially completed structure is prohibited,
unless such structure is in the course of construction in accordance
with a valid and existing building permit issued by the City and unless
exterior construction is completed within one year after issuance
thereof.
(21)
Use of adjoining public property. The owner,
lessee, tenant, occupant or user of any premises shall not utilize
any adjoining public property for the disposal or storage of junk
motor vehicles or building materials or for the accumulation of junk,
trash, garbage, rubbish or refuse of any kind.
(22)
Use of vacant or unoccupied property: No person shall place, position, use or operate any barbeque grill, turkey fryer or any other outdoor cooking device, implement or apparatus upon any vacant or unoccupied lot or real property not owned or leased by said person without the permission of the owner or lessee of said property. Subsection A(22) shall not apply to public parks that are governed under separate and applicable park rules.
B.
Where a provision of this section is found to be in
conflict with the standards or provisions of any zoning, building,
fire, safety or health ordinance or code of the City existing on the
effective date of this chapter, the provision which establishes the
higher standard for the promotion and protection of the safety and
health of the people shall prevail.
[Amended 4-8-1996 by Ord. No. 96-006; 9-7-1999 by Ord. No.
99-008]
The Mayor and Council designate herein that
the City Manager shall be responsible for the administration, supervision
and implementation of the enforcement of this chapter, and the City
Manager may designate one or more persons as enforcement officers
to enforce the provisions of this chapter.
[Amended 8-12-1996 by Ord. No. 96-018; 9-7-1999 by Ord. No.
99-008; 6-18-2007 by Ord. No. 07-010]
A.
Upon observing a violation of the standards established under § 210-2, the enforcement officer shall issue and serve upon the owner, possessor, lessee, occupant, tenant or user of any real or personal property either a municipal civil infraction notice or a municipal civil infraction citation.
B.
The fine for a first violation municipal civil infraction
notice shall be waived if the owner, possessor, lessee, occupant,
tenant or user of any real or personal property admits responsibility
for the municipal civil infraction notice and abates the violation
within five days of the issuance of the notice and has the abatement
verified by an enforcement officer. This waiver provision shall only
apply to the fine for a first violation municipal civil infraction
notice.
C.
Should the owner, possessor, lessee, occupant, tenant
or user of any real or personal property fail or refuse to admit responsibility
for the municipal civil infraction notice and abate the violation
within three days of the issuance of the municipal civil infraction
notice, the owner, possessor, lessee, occupant, tenant or user of
any real or personal property shall be issued a municipal civil infraction
citation by the enforcement officer and the violation will be adjudicated
by the First District Court.
D.
Should the owner, possessor, lessee, occupant, tenant
or user of any real or personal property fail or refuse to admit responsibility
for the municipal civil infraction notice and pay the fine stated
on the notice within three days of the issuance of the notice, the
owner, possessor, lessee, occupant, tenant or user of any real or
personal property may be issued a municipal civil infraction citation
by the enforcement officer and the violation will be adjudicated by
the First District Court.
E.
The enforcement officer shall issue a municipal civil
infraction citation, as opposed to the municipal civil infraction
notice, under the following circumstances:
F.
No person shall molest, hinder or interfere with an
enforcement officer while he or she is engaged in carrying out the
provisions of this chapter.
[Amended 9-7-1999 by Ord. No. 07-010; 6-18-2007 by Ord. No. 07-010]
A.
The Director of Public Services and his or her authorized representatives, at the request and direction of the City Manager, or his or her designee, are hereby empowered to enter upon any premises in the City for the purpose of removing, destroying or disposing of any junk motor vehicle, building materials or accumulation of junk, trash, rubbish, garbage or refuse thereon, when the real property owner or persons having any interest in personal property thereon have not, within the three-day civil infraction notice period, remedied the blighted condition or requested that the enforcing officer issue a civil infraction citation, as provided in § 210-4 above.
B.
The Director of Public Services, at the request and
direction of the City Manager, or his or her designee, may abate any
such public nuisance without giving notice if the public health, safety
or welfare requires immediate attention.
C.
No person shall molest, hinder or interfere with the
Director of Public Services or his or her authorized representatives
while they are engaged in carrying out the provisions of this chapter.
D.
The Director of Public Services shall keep an accurate
account of the expenses incurred by his or her Department with respect
to each parcel of land in carrying out the provisions of this chapter
and shall make a sworn statement of such account and present the same
to the Director of Finance. The Director of Finance shall immediately
prepare and send an invoice to the last known owner, as reflected
by the most current tax roll, for the cost of such work and improvements
to said property in accordance with the statement of the Director
of Public Services. The Director of Finance shall add to the cost,
as reported by the Director of Public Services, the ten-percent penalty
which is provided for by the City Charter to cover the cost of supervision
and billing expenses. In the event that said invoice is not paid forthwith
by the owner of record, the cost of such payment shall be charged
against the premises and reported to the City Assessor to be levied
by him or her as a special tax or assessment upon the lot or premises.
The special assessment shall be subject to review, after proper notice
is given, as in all other cases of special assessment provided for
by the City Charter. When such tax is confirmed, it shall be a lien
upon the premises and shall be collected in the same manner as other
City taxes, or, in the alternative, the City may file suit to collect
the same.
[Amended 8-12-1996 by Ord. No. 96-098; 9-7-1999 by Ord. No.
99-003]
A.
Unless otherwise designated herein, whoever violates
any of the provisions 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 referenced 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, 1999, the two-year period shall be from July 1, 1999, to June 30, 2001.
D.
Each day that a violation of the standards established under § 210-2 exists, occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.
E.
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.
