[HISTORY: Adopted by the Township Board of the Charter Township of Cascade as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties, remedies and enforcement — Ch. 40.
[Adopted 10-24-2012 by Ord. No. 7-2012]
Pursuant to MCLA § 41.186, the ordinances of the Charter Township of Cascade of a general and permanent nature adopted by the Township Board of the Charter Township of Cascade, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 400, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Charter Township of Cascade, hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall become effective upon publication after adoption.
A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Charter Township of Cascade by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Charter Township of Cascade" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.
The Clerk of the Charter Township of Cascade, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Board, or may be furnished electronically. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Charter Township of Cascade to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same.
This Code and the various parts, sections, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it is hereby provided that the remainder of this Code shall not be affected thereby and shall remain in effect and valid.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A. 
This Code shall be deemed to repeal, supersede, and replace the prior ordinances of the Township that are incorporated into this Code. In addition, all other ordinances and parts thereof which are in conflict in whole or in part with any of the provisions of this Code are repealed as of the effective date of this Code, but only to the extent of any such conflict.
B. 
The following ordinances are specifically repealed:
(1) 
Ord. No. 5-17-56 (Dumps for refuse and garbage).
(2) 
Ord. No. 3-1980 (Motor fuels containing alcohol).
(3) 
Ord. No. 4-1985 (Construction Code administration and enforcement).
(4) 
Ord. No. 1-1987 (Plumbing Code enforcing agency).
(5) 
Ord. No. 3-1994 (Fire Prevention Code).
(6) 
Ord. No. 5-1994 (Building Code).
(7) 
Ord. No. 6-1994 (Electrical Code).
(8) 
Ord. No. 7-1994 (Mechanical Code).
(9) 
Ord. No. 8-1994 (Plumbing Code).
(10) 
Ord. No. 9-1980 (Fire Prevention Ordinance).
(11) 
Ord. No. 10-1980 (Fire control measures and regulations).
The provisions of this Code, insofar as they are substantially the same as ordinances previously adopted by the Township relating to the same subject matter, shall be construed as restatements and continuations thereof and not as entirely new enactments.
A. 
Nothing in this Code (or the ordinance adopting this Code) affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.
B. 
The adoption of this Code does not authorize any use or the continuation of any use of a structure, building, or premises in violation of any Township ordinance on the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the validity of following ordinances, rights and obligations, which are hereby expressly saved from repeal. The ordinances or portions of ordinances designated below continue in full force and effect to the same extent as if published at length in this Code.
A. 
Any ordinance adopted subsequent to December 14, 2011.
B. 
Any ordinance or portion of any ordinance promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
C. 
Any ordinance or portion of any ordinance authorizing or approving any contract, deed, or agreement.
D. 
Any ordinance or portion of any ordinance granting any right or franchise.
E. 
Any ordinance or portion of any ordinance making or approving any appropriation or budget.
F. 
Any ordinance or portion of any ordinance providing for salaries or other employee benefits not codified in this Code.
G. 
Any ordinance or portion of any ordinance levying, imposing, or otherwise relating to taxes not codified in this Code.
H. 
Any ordinance or portion of any ordinance adopting or amending the Township Master Plan.
I. 
Any ordinance or portion of any ordinance dedicating, accepting, or vacating any plat or subdivision.
J. 
Any ordinance or portion of any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing, or vacating any street, sidewalk, or alley.
K. 
Any ordinance or portion of any ordinance establishing the grade of any street or sidewalk.
L. 
Any ordinance or portion of any ordinance levying or imposing any special assessment.
M. 
Any ordinance rezoning property.
N. 
The Township's Zoning Ordinance, as amended.
O. 
Any ordinance or portion of any ordinance that is temporary, although general in effect.
P. 
Any ordinance or portion of any ordinance that is special, although permanent in effect.
Q. 
Any ordinance or portion of any ordinance the purpose of which has been accomplished.
R. 
Any Township ordinance (or portions thereof) not fully incorporated or restated within this Code.
A. 
Throughout the Code, a reference to "Michigan Compiled Laws" shall include all sections of law, as last amended, which are assigned a compilation number by the legislative service bureau and are not subsequently repealed.
B. 
Unless otherwise specifically provided, a reference to all or part of a statute, regardless of whether the words "as amended" are used in the reference, shall include the latest amendments to the statute or part.
This Code was adopted by the Cascade Charter Township Board on October 24, 2012, and became effective upon the expiration of 30 days after the notice of adoption appeared in a newspaper of general circulation in the Township.
A. 
In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Board that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
B. 
Throughout the Code, the following nomenclature changes were made:
References to:
Were changed to:
Township of Cascade
Charter Township of Cascade
Cascade Township
Cascade Charter Township
Manager
Township Manager
C. 
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-18C, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) October 24, 2012 by Ord. No. 7-2012." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted 10-24-2012 by Ord. No. 7-2012]
Words and terms used in this Code, unless specifically otherwise defined herein, shall have the meanings prescribed by state law and common usage. In the construction of this Code, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent as disclosed in a particular provision, section, or chapter:
A. 
Definitions. As used in this Code, the following words and terms shall have the following meanings unless expressly otherwise indicated in a particular provision of this Code:
CODE
This Code of Ordinances of the Charter Township of Cascade in Kent County, Michigan.
COUNTY
Kent County, Michigan, as well as its departments, agencies, and bodies.
DESIGNEE
Following an official of the Township, means the authorized agent, employee, or representative of such official.
LAW
All applicable laws of the United States of America, the State of Michigan, and the Charter Township of Cascade.
ORDINANCE
Includes any ordinance of Cascade Charter Township, including any provision of the Code of the Charter Township of Cascade.
OWNER
As it applies to a building, structure, or land, includes any part owner, land contract vendor or vendee, joint owner, owner by any type of tenancy and, in general, any person that has any interest in the subject building, structure, or land.
PERSON
Includes any individual, partnership, association, unincorporated club, limited liability company, firm, joint venture or corporation, any trust, or any other group or combination of persons acting as a unit and, in general, any entity or organizations through which more than one person can act.
PREMISES
When used as applicable to property, extends to and includes land, structures, and buildings.
PROPERTY
Includes both real and personal property (and fixtures) unless a particular section indicates otherwise.
PUBLIC ACTS
The public acts or statutes of the State of Michigan.
PUBLIC PLACE
Any public roadway, sidewalk or trail, any public park, any public building, or any public place of assembly and, in general, any place open to or frequented by the public, whether such place is owned by a public agency or by a private individual.
STATE
The State of Michigan, as well as its departments, agencies, and bodies.
TOWNSHIP BOARD or BOARD
The legislative body of the Charter Township of Cascade.
TOWNSHIP or CHARTER TOWNSHIP
The Charter Township of Cascade in Kent County, Michigan, as well as its departments, agencies, and bodies.
B. 
Rules of construction.
(1) 
Delegation of authority. Whenever a provision requires an officer or head of a department of the Township to do some act or to make certain inspections, it is to be construed as authorizing the officer or head of the department to designate, delegate, and authorize subordinates to perform the required act or make the required inspection unless the terms of the particular chapter or section indicate otherwise.
(2) 
Gender. A word implying or identifying the masculine gender shall extend and be applied to females and to other legal entities, such as corporations, firms, partnerships, etc., unless the context of a particular section requires a limited construction.
(3) 
Minimum requirements. In the interpretation and application of any provision of this Code, such provision shall be held to be the minimum requirements adopted for the promotion of the public safety and general welfare. Where any provision of the Code imposes a greater restriction upon a particular subject matter than a general provision imposed elsewhere by the Code, the provision imposing the greater or more specific restriction or regulation shall be deemed to be controlling.
(4) 
Names of officers and commissions. The name or title of any officer, board, commission, or agency when appearing alone in the Code is to be construed as if the words "of the Charter Township of Cascade in Kent County, Michigan" followed it.
(5) 
Number. A word implying the singular number shall be applied to several persons and things in addition to one person and thing, unless a specific section requires a limited construction.
(6) 
Calendar; computation of time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday or a legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday or a legal holiday shall be excluded.
(7) 
Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
(8) 
Common usage; technical terms. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(9) 
Joint authority. Words giving authority to a board, commission, authority, or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(10) 
Shall and may. "Shall" is mandatory; "may" is permissive.
(11) 
Tenses. The use of any verb in the present tense includes the future.
No officer, agent, employee, or member of the Township, Township Planning Commission, Township Board, Zoning Board of Appeals, or any other Township body shall render himself or herself personally liable for any damage that may accrue as the result of any act, decision, or other consequence or occurrence arising out of the discharge of his or her duties and responsibilities pursuant to this Code.
If any provision of this Code is not enforced against a particular person, lot, parcel, or property or throughout the Township in general, that shall not be deemed to be a waiver (or constitute laches or estoppel) regarding the ability of the Township thereafter to enforce that provision (or any other provision) of this Code against a particular person, lot, parcel, or property involved or throughout the Township in general. Furthermore, should any Township official, body, or commission render, undertake or make any approval, interpretation, determination, action, inaction, or opinion, or undertake (or not undertake) any other action pursuant to this Code, and it is determined that any such opinion, interpretation, approval, action, or inaction was done in error, in an ultra vires or otherwise mistaken fashion, that shall not preclude the Township from reversing, revoking, or revising any such approval, interpretation, opinion, action, or inaction which was done in error and to thereafter enforce the provision or provisions of this Code involved. The Michigan common law "rule of municipal nonestoppel" shall benefit the Township, as well as its officials, officers, bodies, and commissions.
The Cascade Charter Township Zoning Ordinance, as amended, has not been incorporated into this Code and stands as a fully valid ordinance apart from and outside of this Code.