[HISTORY: Adopted by the Mayor and Council of the City of Monroe as Chapter 662 of the 1995 Codified Ordinances of Monroe. Amendments noted where applicable.]
General penalty — See § 1-27.
Noise — See Ch. 451.
Health, safety and sanitation — See Ch. 557.
Weeds, trees and refuse — See Ch. 712.
Health and sanitation generally — See Mich. Const. Art. 4, § 51; MCLA §§ 325.1 et seq., 327.1 et seq., 750.466 et seq.;
State Housing Law — See MCLA § 125.401 et seq.
Nuisance abatement; damages and expenses — See MCLA § 600.2940.
Nuisances generally — See MCLA § 600.3801 et seq.
As used in this chapter, "public nuisance" means any act, thing, occupation, condition or use of property which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
In any way render the public insecure in life or in the use of property;
Greatly offend the public morals or decency;
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
[Amended 8-12-1996 by Ord. No. 96-018]
Public nuisances affecting health shall include, but not be limited to, the following acts, omissions, conditions or things:
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
All stagnant water in which mosquitoes, flies or other insects can multiply.
Privy vaults and garbage cans which are not flytight.
All noxious weeds and other rank growth or vegetation.
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances.
Any use of property, substances or things emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons, which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons.
Public nuisances affecting public safety shall include, but not be limited to, the following:
All ice not removed from public sidewalks and all snow not removed from public sidewalks as required by City ordinance.
All signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.
All trees, hedges, billboards or other obstructions which prevent persons who are driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalks.
All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than 10 feet above the surface of a public street.
All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of a street or ground.
All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by ordinances of the City or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable period of time after the purpose thereof has been accomplished.
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk, or of a public street, alley or sidewalk, which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks, except where permission has been given therefor by the Mayor and Council.
[Added 8-12-1996 by Ord. No. 96-018]
If the inspecting officer determines that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the inspecting officer shall cause notice to be served upon the owner or, if the owner cannot be found, on the occupant, tenant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises.
Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours. The notice shall state that, unless such nuisance is so abated, the City will cause it to be abated and will charge the costs to the owner, occupant or person causing, permitting or maintaining the nuisance.
[Amended 8-12-1996 by Ord. No. 96-018]
All complaints alleging the existence of a public nuisance shall be filed with the Housing Inspector.
The Housing Inspector shall inspect or cause to be inspected the premises and make a written report of his or her findings. Whenever practicable, the inspecting officer shall cause photographs, videotape or other such evidence of the premises to be made and filed with his or her written report.
If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Housing Inspector shall cause the abatement or removal of such public nuisance.
[Amended 8-12-1996 by Ord. No. 96-018]
If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, morals or decency, he or she shall file a written report of his or her findings with the Director of Building, Zoning and Environmental Development and the City Attorney. The Director shall cause an action to abate such nuisance to be commenced in a court of competent jurisdiction.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance. If notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes. Any costs and penalties imposed shall not relieve the person violating any provision of this chapter from responsibility for such violation and shall be in addition to the penalty provided for in § 1-27 of this Code of the City of Monroe.
The Mayor and City Council may, by resolution, identify ongoing or unabated threats or nuisances to the public health, safety or welfare requiring prompt remedial action, and, further, by way of said resolution, may order or take whatever steps are deemed necessary to cause the prompt or expedient abatement or remedy of such threats or nuisances. However, before such action shall be taken, the following conditions shall be observed:
There shall be a report to the Mayor and City Council from the office of the City Manager identifying and detailing the threats or nuisances to the public health, safety or welfare.
The report of the City Manager to the Mayor and City Council shall enumerate whatever actions, steps or procedures are deemed necessary to cause the threats or nuisances to the public health, safety or welfare to be promptly or expeditiously abated or remedied.
No power or authority granted hereunder shall be construed to be in conflict with the laws or Constitution of this state or of the United States.