City of Holland, MI Article I In General

Sec. 19-1 Defined.

[Code 1955, § 3-1.1; Ord. No. 1566, § 1, 8-3-2011]

Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with or obstructs or renders dangerous any street, highway, public sidewalk or navigable stream; or in any way renders the public insecure in life or property, is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this chapter.

Sec. 19-2 Prohibited generally.

[Code 1955, § 3-1.2]

No person shall create, maintain or permit to be maintained a public nuisance in the City.

Sec. 19-3 Abatement of dangerous buildings.

[Code 1955, § 3-1.3; Ord. No. 1127, 10-19-1994; Ord. No. 1507, 7-2-2008]

(a) Administrative abatement.

(1) As used in Section 19-3, "dangerous building" means a building or structure as defined by state statute, MCLA § 125.539.

(2) If a building or structure is found to be a dangerous building, then the building or structure shall be abated in accordance with the procedures described in MCLA § 125.538 et seq.

(3) A hearing on whether the building or structure is a dangerous building shall be held before a hearing officer who shall be appointed by the Mayor to serve at his or her pleasure in accordance with the procedures described in MCLA § 125.540 and MCLA § 125.541.

(4) The City of Holland's Housing Board of Appeals is designated as the "Board of Appeals" and it shall exercise all authority, hear all of the cases and carry out all of the duties of the legislative body pursuant to MCLA § 125.541c.

(5) The Board of Appeals may adopt procedural rules to govern the hearing before the hearing officer and the hearing before the Board of Appeals. Said rules shall be effective once they have been approved by resolution of City Council.

(b) Emergency abatement.

(1) Vacating structures. When, in the opinion of the enforcing officer, as defined in Section 14-4(a) of the Ordinance Code of the City of Holland, there is actual and immediate danger of failure of collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is being endangered by the occupation of the building or structure, the enforcing officer is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. The enforcing officer shall cause to be posted at each entrance to such building or structure a notice reading as follows: "This Structure is Unsafe and its Use or Occupancy has been Prohibited by the Enforcing Officer." It shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.

(2) Temporary safeguards. When, in the opinion of the enforcing officer, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, or a condition exists that is immediately dangerous to life, the enforcing officer shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not notice has been given as may be required by other procedures described herein, or by other sections of the Ordinance Code. Such conditions requiring this action shall be dangerous to the extent that any delay in taking corrective action will pose, in the opinion of the enforcing officer, an immediate threat to life and safety.

(3) Emergency repairs. For the purposes of this subsection, the enforcing officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(c) Costs of abatement. All costs incurred by the City in the demolition of a building or structure, in making a building or structure safe, in maintaining the exterior of a building or structure or grounds adjoining the building or structure, or in the performance of the emergency repairs, to bring the property into conformance with this section, shall be reimbursed to the City by the owner or party in interest in whose name the property appears upon the last local tax assessment record. The owner or party in interest in whose name the property appears shall be notified by the Assessor, as soon as practical, in writing, by first class mail at the address shown on the records, of the action taken on the subject property and the costs for same. If the owner or party in interest fails to pay the costs within 30 days after mailing by the Assessor of the notice, then the costs shall be placed on the tax role and shall become a lien against the property in accordance with the procedures set forth in the City Charter.

(d) The enforcing officer of this section shall be the Director of Community and Neighborhood Services or his or her designee.

Sec. 19-3.1 Vacant or abandoned structures; purpose.

[Ord. No. 1566, § 2, 8-3-2011]

(a) Purpose and intent. The purpose of this article is to protect the health, safety and welfare of the citizens of the City of Holland by preventing blight, protecting property values and neighborhood integrity, remedying these nuisances and ensuring safe and sanitary maintenance of vacant or abandoned structures. Vacant or abandoned structures are hereby declared a nuisance.

(b) [Legislative findings.] The City of Holland makes the following legislative findings:

(1) Vacant or abandoned structures create a serious and substantial problem and are public nuisances.

(2) Vacant or abandoned structures that are not maintained constitute a hazard to public health, safety, and welfare.

(3) Vacant or abandoned structures often become dilapidated because they are not maintained and repaired by their owners.

(4) Vacant or abandoned structures attract children, harbor vermin, shelter vagrants and criminals, and are more likely to be damaged by vandals or arsonists than occupied properties.

(5) Unkempt grounds surrounding vacant or abandoned structures invite dumping of garbage, trash, and other debris.

(6) Many vacant or abandoned structures are on narrow lots and close to neighboring structures, increasing the risk of fire and spread of insect and rodent infestation.

(7) Vacant or abandoned structures contribute to blight; cause a decrease in property values; and discourage neighbors from making improvements to structures.

(8) Vacant or abandoned structures that remain boarded up for an extended period of time also exert a blighting influence and contribute to a decline of the neighborhood by decreasing property values, discouraging persons from moving into the neighborhood, and encouraging persons to move out of the neighborhood.

(9) Vacant or abandoned structures that may otherwise provide safe, affordable, homeownership, often continue to deteriorate to the point that demolition of the structure is required, decreasing available housing in the community and contributing to the neighborhood decline.

(10) The blighting influence of vacant or abandoned structures adversely affects the tax revenues of local government.

(11) The City of Holland spends resources and staff time to maintain, secure, demolish or otherwise respond to problems associated with vacant or abandoned structures.

(12) Owners of vacant or abandoned structures should be held accountable for the physical condition of their structures. At a minimum, they should prevent such structures from exerting a negative influence on the well-being of the neighborhoods where they are located.

Sec. 19-3.2 Definitions.

[Ord. No. 1566, § 2, 8-3-2011]

(a) VACANT OR ABANDONED STRUCTURE — A parcel of real property with a structure or building, that has been without occupancy for 30 days or more, and is either:

1) Subject to foreclosure as defined by this section; or

2) Is not maintained in compliance with the Ordinance Code of the City of Holland, including, without limitation, the Building Code, Mechanical Code and Plumbing Code in Chapter 6; Housing - Property Maintenance Code in Chapter 14; nuisances in Chapter 19; and refuse and garbage in Chapter 27; and meets any one or more of the following criteria:

a. Has one or more broken or boarded windows;

b. Has taxes in arrears for a period of time exceeding 365 days;

c. Has utilities disconnected or not in use;

d. Has a structure for which a building permit has expired that is only partially completed and is not fit for human occupancy;

e. Open to casual entry or trespass;

f. Suffers deterioration from neglect;

g. Has a structure that is damaged by fire, flood, weather, or vandalism to an extent which prohibits human occupancy;

h. Is under a condemnation notice or legal order to vacate;

i. Has a structure that is structurally unsound; or

j. Is a potential hazard or danger to persons.

(b) ENFORCING OFFICER — The Director of the Department of Community and Neighborhood Services or his or her designee.

(c) FORECLOSURE — The process by which a mortgage, security interest or lien is enforced against a parcel of real property through sale or offering for sale the real property to satisfy a debt or claim. For the purposes of this section a notice of foreclosure and/or a notice of trustee's sale, a pending tax sale, and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure, and/or that have transferred under a deed in lieu of foreclosure/sale shall all constitute the foreclosure properties.

(d) OWNER — Any person or entity with legal or equitable ownership or possessory interest in any real property. The owner shall include, but not be limited to, a bank, credit union, trustee or financial institution which is in possession (in whole or in part) of the real property, foreclosing a lien or mortgage interest in the affected property, but may or may not have legal or equitable title.

(e) SECURING — Such measures as may be directed by the Department of Community and Neighborhood Services that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing offences and walls, chaining or padlocking of gates, the repair of doors, windows, and other openings.

Sec. 19-3.3 Registration of vacant or abandoned structures.

[Ord. No. 1566, § 2, 8-3-2011]

(a) An owner of a vacant or abandoned structure in the City shall register the structure with the Department of Community and Neighborhood Services within 15 days after: 1) the structure becomes subject to foreclosure; or 2) the date of notice by the Department of Community and Neighborhood Services that the structure has been declared a vacant or abandoned structure, whichever is earlier.

(b) Once a vacant or abandoned structure has been properly registered by the owner, such registration shall be valid and effective until January 10 of the following year and shall be renewed annually thereafter until the property has become occupied and a certificate of compliance has been issued.

(c) Registration information:

(1) For each vacant or abandoned structure required to be registered, the owner(s) shall register with the Department of Community and Neighborhood Services on a form provided by the Department and shall provide the following information:

a. Address of the vacant or abandoned structure;

b. Date on which the structure became vacant or abandoned;

c. Legal name of the owner(s) and date(s) of birth;

d. Address(es), telephone number and e-mail address of owner(s);

e. Name, address, telephone number and e-mail address of any agent or representative authorized by the owner to handle the affairs of the structure, if employed. If such an agent or representative is utilized, he/she must reside within a three-hour driving radius of the City of Holland.

f. Telephone number(s) of owner for contact purposes.

g. Such additional information as required by the Department of Community and Neighborhood Services.

h. A statement allowing authorized City staff to enter the premises for inspection purposes.

(2) Requirement to keep information current. If at any time the information contained in the registration is no longer valid, the property owner has 10 days to file a new registration containing current information. There shall be no fee to update the current owner's information.

(3) Fee; administrative late charge. An administrative late charge as established by a resolution adopted by the City Council shall be paid by the owner if registration of a vacant or abandoned structure does not comply with the provisions of this division.

(4) Penalty. In addition to any fee or other sanction that may be imposed, any person who violates a provision in Sections 19-3.1 to 19-3.6 shall be guilty of a Class III municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of the Holland City Code and shall be subject to any other relief that may be imposed by a court for such conduct, which shall also be considered a nuisance per se. The City shall further be entitled to recover all costs and reasonable attorney fees incurred as a consequence of having to prosecute any enforcement action necessitated by a person's violation of such sections.

(d) Fees. All fees applicable to this chapter shall be set from time to time by resolution of the City Council and shall include at a minimum:

(1) Annual registration fee. Shall be the fee charged to the owner at the time of registration of the vacant or abandoned structure;

(2) Failure to register fee. Shall be the fee charged to the owner for failing to register the vacant or abandoned structure as required by this section;

(3) Monthly monitoring fee. Shall be the fee charged to the owner for periodic inspections by the enforcing officer to assure continuing compliance with the duties set forth in Section 19-3.4. A nonrefundable payment of the first three months of monitoring fees shall be prepaid by the owner at the time of registration;

(4) Certificate of compliance fee. Shall be the fee charged to the owner for a certificate of compliance as described in Section 19-3.6;

(5) Inspection fee. Shall be the fee charged to the owner for any inspection requested by the owner or necessitated by the owner's failure to comply with the maintenance and security duties as set forth in Section 19-3.4;

(6) [Administrative charges.] Administrative charges shall also be charged to the owner for search warrant, title search, boarding and securing, debris/rubbish removal, and prosecution preparation.

Sec. 19-3.4 Duty to maintain and secure.

[Ord. No. 1566, § 2, 8-3-2011]

(a) An owner of a vacant or abandoned structure shall comply with all of the following maintenance and security requirements:

(1) The property on which the structure is located shall be in compliance with Section 19-11 for grass and vegetation maintenance.

(2) The property shall be kept free of dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded items, including, but not limited to, furniture, clothing, large and small appliances, printed material, unapproved signage, containers, equipment, construction materials, or other inappropriate materials.

(3) The property and structure shall be maintained free of graffiti.

(4) Pools, spas, and other water features shall be covered by a safety cover approved by the state construction code and shall comply with the minimum security fencing and barrier requirements of applicable building and housing and property maintenance codes.

(5) The property and structure shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors, gates and any other openings of such size that may allow a child or other person to access the interior of the property and/or structures.

(6) The structure shall be properly winterized so as to prevent bursting of pipes unless the buildings are served by a heating system that requires the use of water for heating or fire suppression.

(7) The structure shall be maintained in accordance with applicable sections of Chapter 14 of this Ordinance Code, including, but not limited to, Sections 14-4.7, 14-4.8 and 14-4.9.

Sec. 19-3.5 Violations, inspections, abatement.

[Ord. No. 1566, § 2, 8-3-2011]

(a) Inspection—Frequency. Periodic inspections, not less than once every 30 days, shall be conducted by the enforcing officer to assure continuing compliance with the duties set forth in Section 19-3.4. A fee determined by resolution of the City Council shall be established to offset the cost of monitoring the property and vacant or abandoned structures. A nonrefundable payment of the first three months of monitoring fees shall be prepaid by the owner at the time of registration.

(b) Notice—Service. Notice of any cited violations or demand for abatement shall be served upon the registered owner of record by first class mail and by posting a copy thereof in a conspicuous place or on or about the structure affected by the notice.

(c) Contents. Whenever the enforcing officer determines that there has been or is a violation of this Section 19-3.4, or that there are reasonable grounds to believe that there has been or is a violation of any duties otherwise required by Sections 19-3.1 to 19-3.6, he or she shall give notice of such violation or alleged violation to the person responsible therefor. Such notice shall:

(1) Be in writing;

(2) Include a description of the real estate sufficient for identification;

(3) Specify the violation which exists and the remedial action required; and

(4) Indicate the time in which correction is required.

(d) Duty of owner, etc., to secure and maintain. It shall be the duty of the owner of any premises within the City to inspect, secure and maintain the premises as often as may be necessary to comply with the provisions of Section 19-3.4 of this Code.

(e) Abatement by City; charging cost. If the owner fails to secure or maintain the premises as required under Section 19-3.4 of this Code, such failure shall constitute a hazardous and nuisance condition. Within 72 hours after the notice to abate has been provided, an enforcing officer may abate the nuisance without giving further notice. The enforcing officer may abate the offending condition by arranging for City employees or private contractors to secure and board the structure, remove rubbish and debris from the premises, or make repairs to maintain the building(s) and premises to conform to Section 19-3.4. The cost of abating the nuisance condition(s) may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machinery used by the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(f) Emergency abatement by City; charging cost. An enforcing officer may abate a public nuisance under Section 19-3.4 of this Code without giving notice, if the public health or safety requires immediate abatement. The cost of abating the nuisance may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machinery used by the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(g) Appeal of assessment. An owner assessed for abatement costs may appeal the assessment to the Director of Community and Neighborhood Services or his or her designee. On appeal, the Director shall determine:

(1) Whether the property and/or structure was in violation of Section 19-3.4 of this Code;

(2) Whether the City provided notice as required by Subsection (b) of this section before the City abated the condition (except for emergency abatements); and

(3) Whether the costs assessed against the owner were properly calculated.

An appeal shall be filed within 21 days after the City serves notice on the property owner that the costs will be assessed against the owner and the premises.

Sec. 19-3.6 Prohibition on transfer or occupancy after registration.

[Ord. No. 1566, § 2, 8-3-2011]

(a) A registered vacant or abandoned structure shall not be occupied by any person until both of the following conditions have been satisfied:

(1) All outstanding fees required by Section 19-3.3 have been paid; and

(2) A certificate of compliance has been issued by the Department of Community and Neighborhood Services after inspection.

a. A certificate of compliance shall only be issued after a complete inspection of the property and structure have been conducted and all violations are corrected in accordance with the applicable requirements of the state construction code and Chapter 14 of City Housing Code.

b. A certificate of compliance shall further be valid for no more than 30 days after its issuance and shall thereafter terminate.

c. Should any structure for which a certificate of occupancy has been issued remain vacant and unoccupied for a period of more than 30 days after the issuance of such certificate, no occupancy of such structure may thereafter occur until the owner complies with the provisions of Subsection (a)(2)a of this provision and any additional fees have been paid.

(b) No real property on which a registered vacant or abandoned structure is located shall be sold or transferred without first being inspected by the Department of Community and Neighborhood Services.

Sec. 19-4 Obnoxious odors.

[Code 1955, § 3-1.4]

No person shall cause or allow obnoxious odors to be emitted into the open air so as to annoy the public.

Sec. 19-5 Noise—generally.

[Code 1955, § 3-1.5; amended 6-2-1993 by Ord. No. 1089; 8-7-1996 by Ord. No. 1178; 2-1-2012 by Ord. No. 1580, § 1; 4-17-2013 by Ord. No. 1604; 6-26-2013 by Ord. No. 1611; 5-14-2014 by Ord. No. 1628; 2-20-2019 by Ord. No. 1764]

Except as provided in Section 19-6, no person shall engage in the following noise-creating activities:

(1) Horns and signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus, train or other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle has begun; the creation by means of such signal devices of any unreasonable loud or harsh sound; and the sounding of any signal device for any unreasonable or unnecessary period of time.

(2) Radio and musical instruments, etc. The playing, using, operating of, or permitting to be played, used or operated, a radio, boom box, receiving set, stereo, musical instrument, or other electronic sound device inside or outside of a building or structure, or in a parked or moving motor vehicle (including motorcycles and mopeds), so as to produce sound that is plainly audible at a distance of 25 feet from the source of such sound device.

(3) Shouting, whistling, etc. Yelling, shouting, hooting, whistling, singing or the making of any other loud noises on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, hospital or other type of residence, or of any persons in the vicinity.

(4) Hawking. The hawking of goods, merchandise or newspapers in a loud or boisterous manner.

(5) Animal and bird noises. The keeping of any animal or bird that by causing frequent or long continued noise shall disturb the comfort or repose of any person.

(6) Whistle or siren. The creation of loud and excessive noise by the blowing of any whistles or sirens, except to give notice of the time to begin or stop work or as a warning of fire or danger.

(7) Engine exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.

(8) Construction noises. The erection (including excavation therefor), demolition, alteration or repair of any building, and the excavation of streets and highways on Sundays, and on other days except between the hours of 7:00 a.m. and 10:00 p.m.

(9) Handling merchandise. The creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

(10) Devices to attract attention. The use of any drum, loud speaker, amplifier or other instrument or device for the purpose of attracting public attention, except as otherwise permitted in this Code.

(11) Firearms at shooting ranges. The sound from the discharge or firing of a firearm within a firing range approved under Sections 39-17.1 and 39-17.2 shall not exceed 50 decibels, as measured at the property line.

Sec. 19-6 Exceptions to preceding section.

[Code 1955, § 3-1.6; amended by Ord. No. 1245, 3-24-1999; Ord. No. 1409, 3-2-2005; Ord. No. 1442, 2-1-2006; 4-17-2013 by Ord. No. 1604; 6-26-2013 by Ord. No. 1611; 2-20-2019 by Ord. No. 1764; 7-21-2021 by Ord. No. 1798]

None of the terms or prohibitions of the preceding section shall apply or be enforced against:

(a) Emergency vehicles. Any police or fire vehicle or any ambulance, while engaged upon necessary emergency business.

(b) Highway and utility maintenance and construction. Necessary excavations in or repairs of bridges, streets or highways, or any public utility installation by or on behalf of the City, or any public utility, or any agency of the state during the night or on Sunday, when the public safety, welfare and convenience necessitates the performance of the work at such time.

(c) Public addresses. The reasonable use of stationary amplifiers or loud speakers for public addresses which are noncommercial in character.

(d) Sacred music. The use of sound amplifiers or other such devices by churches, or other organizations approved by the Council, to broadcast Christmas or Easter music for a period not to exceed 15 days prior to Christmas Day and seven days prior to Easter Day, and the ringing of church bells and chimes and the giving of chime concerts between the hours of 7:00 a.m. and 10:00 p.m.

(e) Charitable community, educational, recreational and religious broadcasts. The use of public address systems and other sound amplifiers outside of buildings or upon sound trucks between the hours of 7:00 a.m. and 9:00 p.m. for charitable, community, educational, recreational and religious purposes, provided that no such sound amplifiers shall be used unless a permit therefor is issued by the Chief of Police upon the following conditions:

(1) The issuance of such a permit shall be approved by the Chief of Police and the City Manager.

(2) Such permits will be issued only for matters of charitable, community, educational, recreational and religious purposes.

(3) Such permits will be issued for not more than two hours in any 1/2 day, and use of such equipment will not be permitted after 9:00 p.m. unless approved by the Chief of Police.

(4) Such sound trucks shall not operate within 300 feet of any hospital or within 300 feet of any school during school hours.

(5) The sound from such equipment shall be so regulated that it may be heard by people on the streets but will not create a nuisance.

(f) Street performers. Reasonable use of musical instruments or other devices that are permitted under Article IV of Chapter 24. A street performer's use of an amplification device under a permit that is issued pursuant to and complies with Article IV of Chapter 24.

Sec. 19-7 Littering—depositing waste materials on streets, etc.; depositing snow or ice on sidewalks, etc.

[Code 1955, § 3-1.7; Ord. No. 1580, § 2, 2-1-2012]

(a) Depositing, etc., on street, etc. No person shall place, deposit, throw, scatter or leave in any street, highway, lane, alley, public place or square, or on the private property of another, any grass clippings, bush trimmings, leaves, refuse, waste or other such materials; provided, however, that such materials may be deposited on City streets only in such area as it is directly adjacent to the property from which the materials are removed and only as directed by the City during designated City-wide clean-up periods.

(b) Transporting or dumping so as to litter stream, etc. No person shall transport or dump any refuse or other waste materials in such a manner as to cause the littering of any stream or public place, or the private property of another, or to cause the obstruction of any ditch, drain, culvert or gutter.

(c) Depositing snow or ice on sidewalk, etc. No person, in removing snow or ice from private property, shall deposit the same on any sidewalk or on the roadway portion of any street, nor in any area between the sidewalk and the curbline except such area as is adjacent to the property from which the snow is removed and then only in such quantity as will not create a traffic hazard.

Sec. 19-8 Distributing handbills, etc.

[Code 1955, § 3-1.8]

(a) Public places or vehicles. No person shall distribute, throw, drop or scatter in any public place or in or upon any vehicle located in any public place any poster, handbill, card, sample or other matter used for the purpose of advertising in such a manner as to result in the littering of any public place.

(b) Private property. No person shall distribute handbills, cards, samples or other advertising matter on any private property so as to cause the littering of any public place or of any private property not his or her own.

Sec. 19-9 Posting.

[Code 1955, § 2-1.9; Ord. No. 601]

No person shall attach, place, paint, write, stamp or paste any sign, advertisement or any other matter upon any lamp post, electric light, railway, telegraph or telephone pole, shade-tree or fire hydrant, or box covering same, or any bridge pavement, sidewalk or crosswalk, public building or any property or thing belonging to the City or any article or thing within any park; provided, that this subsection shall not be construed to prevent any public officer from so doing for any purpose authorized by this Code or by the laws of the state.

Sec. 19-9.1 Graffiti.

[Added 4-2-2014 by Ord. No. 1625]

Graffiti results in visual pollution and is hereby declared a public nuisance. Graffiti must be abated as quickly as possible to avoid detrimental impacts on the City, its residents, visitors and to prevent the further spread of graffiti.

(1) Purpose and intent. The purpose of this section is to protect the health, safety and welfare of the citizens of Holland by preventing blight, protecting property values, and remedying the nuisance.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

GRAFFITI

Any mark or marks on any surface, including, but not limited to, writing, inscribing, drawing, tagging, sketching, spray-painting, painting, etching, scratching, carving, engraving, scraping, or attaching, placed on any building, accessory building, fence or other structure, or surface by a person other than the owner or someone authorized by the owner.

(3) Removal of graffiti. No person who owns or otherwise leases or manages property shall permit or allow any graffiti to be or remain on any surface or structure on the property for a period longer than five days. The enforcing officer for this section shall be the Director of Community and Neighborhood Services or his or her authorized representative.

(4) Notice to abate — generally.

a. Notice to abate. The enforcing officer, upon failure of the owner and other parties responsible for the property to comply with Subsection (3), shall notify the owner and other parties responsible for the property to abate such nuisance within five days.

b. Notice to abate as required by this section shall be given by the enforcing officer or authorized representative, in writing, clearly notifying the owner and other parties responsible for the property of the violation.

c. The notice to abate referred to in Subsection (4)a may be served by personal service, posting on the property, or first-class mail. If first-class mail, it shall be deemed given the next day after mailing and shall be addressed as follows:

1. In the case of a property owner, to the last known address of such owner taken from the tax records of the City.

2. In the case of a premises lessee, to the mailing address of such premises.

3. In the case of a property manager, to the mailing address of such manager on file with the City.

(5) Removal standard. All removal and cover-up of graffiti must be accomplished in such a manner that the final condition of the exterior structure is in good condition and repair, and meets the City of Holland's workmanlike standards in Chapter 14.

(6) A person who fails to remove graffiti within five days after the notice required under Subsection (4) is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.

(7) Abatement by City; charging cost. If the owner or occupant fails to abate a nuisance under Subsections (3) and (5) of this section within five days after the notice to abate has been provided, then an enforcing officer may abate the nuisance without giving further notice. The enforcing officer may abate the nuisance by arranging for City employees or private contractors to paint over the nuisance, or by other appropriate means. The cost of abating the nuisance may be charged against the owner in accordance with the provisions of Section 15.17, Abatement or removal of hazards and nuisances, of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(8) Emergency abatement by City; charging cost. An enforcing officer may abate a public nuisance under Subsection (5) of this section, without giving notice, if the public health, safety, or welfare requires immediate abatement, including but not limited to threats against a specific person or group of people, incendiary language, profanity or sexually explicit language. The cost of abating the nuisance may be charged against the owner in accordance with the provisions of Section 15.17, Abatement or removal of hazards and nuisances, of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(9) Right of entry of enforcing officer, etc. An enforcing officer or his or her authorized representative is hereby empowered to enter upon any premises in the City for the purpose of determining compliance with Subsection (5) of this section.

(10) Appeal of assessment.

a. A property owner assessed for abatement costs may appeal the assessment to the Director of Community and Neighborhood Services. On appeal, the Director shall determine whether:

1. The property was in violation of Subsection (5) of this section;

2. Whether the City provided notice as required by Subsection (4) before the City abated the condition (except for emergency abatements); and

3. Whether the costs assessed against the property owner were properly calculated.

b. An appeal shall be filed within 21 days after the City mails notice to the property owner that the costs will be assessed against the property owner.

Sec. 19-10 Accessory structures and fences. [1]

[Ord. No. 1580, § 3, 2-1-2012; amended 8-1-2012 by Ord. No. 1590]

(a) Nuisance structure or fence. Any accessory structure or fence where the condition of the accessory structure or fence poses a threat to the health, safety or general welfare of the public is declared to be a nuisance.

(b) Notice to abate. The enforcing officer, upon determining that an accessory structure or fence is a nuisance as defined under Subsection (a), shall notify the owner, occupant or agent to abate such nuisance within seven days in accordance with the provisions of Section 1-6. The owner, occupant or agent shall abate the nuisance as directed by the notice.

(c) Abatement by City; charging cost. If the owner or occupant fails to abate a nuisance as defined under Subsection (a) within seven days after notice has been given, the enforcing officer may abate the nuisance without giving further notice. The enforcing officer may abate the nuisance by arranging for City employees or private contractors to remove the accessory structure or fence by appropriate means. The cost of abating the nuisance may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred with a private contractor, whichever is appropriate, plus an administrative fee as provided by the Master Fee Resolution adopted by the City Council from time to time.

(d) Emergency abatement by City; charging cost. The enforcing officer may abate any such a nuisance as defined under Subsection (a) without giving notice, if the public health or safety requires immediate attention. The cost of abating the nuisance may be charged against the premises and the owner thereof, in accordance with the provision of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred with a private contractor, whichever is appropriate, plus an administrative fee as provided by the Master Fee Resolution adopted by the City Council from time to time.

(e) Right of entry of enforcing officer, etc. The enforcing officer or his or her authorized representative is hereby empowered to enter upon any premises in the City for the purpose of determining compliance with Subsection (b).

(f) Appeal of assessment.

(1) A property owner assessed for abatement costs may appeal the assessment to the Director of the City's Department of Community and Neighborhood Services. On appeal, the Director shall determine whether:

a. The property was in violation of Subsection (a);

b. The property owner and occupant were mailed notices of the violation at least seven days before the City abated the condition [except for emergency abatements under Subsection (d)]; and

c. The costs assessed against the property owner were properly calculated.

(2) An appeal shall be filed within 21 days after the City mails notice to the property owner that the costs will be assessed against the property owner and the premises.

[1] Editor's Note: Former Sec. 19-10, regarding radio and television interference, was repealed 7-2-2008 by Ord. No. 1507.

Sec. 19-11 Weeds and noxious vegetation.

[Code 1955, § 3.1-1; Ord. No. 540; Ord. No. 831; Ord. No. 1123, 9-21-1924; Ord. No. 1245, 3-24-1999; Ord. No. 1269, 1-19-2000; Ord. No. 1376, 11-19-2003; Ord. No. 1507, 7-2-2008; Ord. No. 1531, 3-4-2009; Ord. No. 1580, § 4, 2-1-2012; 7-21-2021 by Ord. No. 1798]

(a) Weeds and noxious vegetation — Prohibited in certain places.

(1) No owner, occupant or agent in charge of any lot or parcel of land located within the City shall permit or maintain thereon any:

a. Grasses, weeds, or any other vegetation on any part of a lot or parcel of land to a height greater than eight inches within 200 feet of the center line of a public street right-of-way or upon the untraveled portion of the public right-of-way lying between the road and sidewalk which abuts any such premises.

b. Any bush, shrub, tree or other vegetation or portion thereof obstructing or interfering with passage on a public sidewalk or street.

c. Any accumulation of dead weeds, grass, or brush, outside of an approved compost operation as permitted by Chapter 27.

d. Vegetation that is causing deterioration of a building or that creates channels for water or moisture to enter a building.

(2) Exceptions:

a. Nonresidential used lands in I Zone Districts will be exempt if all the following conditions apply:

1. The parcel exceeds five acres of developed land or two acres of undeveloped land; and

2. The parcel is not adjacent to a residential zone district, or residentially used premises.

b. Intentional plantings that are maintained as evidenced by ongoing care such as weeding, watering and trimming and other affirmative acts which make it clear that the vegetation is not the result of mere neglect.

c. Parcels that have not been developed and are undisturbed in all zone districts.

d. Wetlands, wooded areas, slopes that have a vertical drop more than four feet at more than a 45° angle.

(3) An owner, occupant or agent shall not cause, suffer or allow Canada thistle, dodders, mustards, wild carrot, perennial sow thistle, hoary alyssum, bindweed, ragweed, poison ivy, and poison sumac or other noxious weeds or plants detrimental to health to grow on any premises, or allow any accumulation of dead weeds, grass or brush thereon.

(b) Duty of owner, etc., to cut and remove. It shall be the duty of the owner and occupant of any premises within the City to cut and remove or destroy by lawful means all weeds, grass or vegetation as often as may be necessary to comply with the provisions of Subsection (a) of this section. During the process of cutting and removing all weeds, grass, or vegetation eight inches and higher, the cut weeds, grass or vegetation shall be promptly removed from the lawn, mulched on the site, or properly composted.

(c) Notice to abate. Notice of the provisions of this section shall be published in a newspaper circulating within the City once each month during the months of April through September of each year, which notice is deemed and declared to be adequate and sufficient notice to all persons affected hereby. Alternately, personal notice in accordance with Section 1-6 of this Code is deemed and declared to be adequate and sufficient notice to affected property owners. For vacant lots without a structure, the first notice in any calendar year shall be mailed by first class mail to the owner's last known address as shown on the tax rolls at least 10 days before the City abates the nuisance by mowing vegetation; subsequent notices may be posted pursuant to Section 1-6 of this Code.

(d) Abatement by City; charging cost. If the owner or occupant fails to abate a nuisance under Subsection (a) and (b) of this section within 48 hours after the notice to abate has been provided as allowed by Section 1-6(a) or (c) of this Code, then an enforcing officer may abate the nuisance without giving further notice. The enforcing officer may abate the nuisance by arranging for City employees or private contractors to cut the vegetation growth, spray the vegetation or by other appropriate means. The cost of abating the nuisance may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(e) Emergency abatement by City; charging cost. An enforcing officer may abate a public nuisance under Subsection (a) or (b) of this section, without giving notice, if the public health or safety requires immediate abatement. The cost of abating the nuisance may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred by a private contractor, whichever is appropriate, plus an administrative fee as provided by the master fee resolution adopted by the City Council from time to time.

(f) Right of entry of enforcing officer, etc. An enforcing officer or his or her authorized representative is hereby empowered to enter upon any premises in the City for the purpose of determining compliance with Subsections (a) and (b) of this section.

(g) Appeal of assessment.

(1) A property owner assessed for abatement costs may appeal the assessment to the Director of Community and Neighborhood Services. On appeal, the Director shall determine whether:

a. The property was in violation of Subsection (a) or (b) of this section;

b. Whether the City provided notice as required by Subsection (d) before the City abated the condition (except for emergency abatements); and

c. Whether the costs assessed against the property owner were properly calculated.

(2) An appeal shall be filed within 21 days after the City mails notice to the property owner that the costs will be assessed against the property owner and the premises.

Sec. 19-12 Infested trees, vegetation, and clear vision corners.

[Code 1955, § 3-1.11; Ord. No. 431; Ord. No. 540; Ord. No. 1245, 3-24-1999; Ord. No. 1580, § 5, 2-1-2012; 7-20-2022 by Ord. No. 1821]

(a) Box elders. Every box elder (Ager Negundo) tree, wherever situated in the City, serving as a breeding, feeding or clustering place for box elder bugs is hereby declared to be a public nuisance and shall be removed unless effectively treated by a licensed pest-control operator.

(b) Elms.

(1) Trees of all species and varieties of elm (Ulmus), Asian elm (Zelkova) and water elm (Planera), infected with the fungus organism Ceratocystisulmi, are hereby declared to be a public nuisance and all aboveground portions shall be destroyed by burning or by burying under a minimum of two feet of earth within 10 days following discovery of such infection or within seven days of receiving a notice to abate from an enforcing officer.

(2) It shall be unlawful to possess, sell, give away or transport all or any parts of trees infected with the aforementioned fungus; provided that wood, branches and roots of such trees may be transported to a safe place for burning or burial if first properly treated.

(3) Trees or parts thereof, with bark attached, of Ulmus, Zelkova or Planera in a dead or dying condition that may serve as breeding places for the smaller European Elm Bark Beetle (Scolytusmultistriatus) or the native Elm Bark Beetle (Hylurgopinusrufipes) are hereby declared public nuisances. Transportation or possession within the City of such trees or parts thereof, except for immediate burning or burial, shall be unlawful unless the bark has been completely removed.

(c) Diseased, dying or dead trees. Any diseased, dying or dead tree, regardless of type which possesses a threat to the public right-of-way or neighboring property is declared a nuisance.

(d) Clear vision corners required. The property owner of a corner lot, as defined by Chapter 39 of the Code of Ordinances, shall maintain visibility across their corner lot by ensuring that vegetation (including bushes and shrubs) is no more than 36 inches tall in the area that forms a triangle, 20 feet down each street starting at the corner of the property line nearest the intersection. Healthy trees may be maintained with no branches from zero to six feet above grade, to provide clear visibility. Clear vision requirements for fences can be found in Section 39-9.08 of the Code of Ordinances.

(e) Notice to abate. The enforcing officer, upon the failure of the owner, occupant or agent to comply with Subsections (a) through (d), shall notify the owner, occupant or agent to abate such nuisance within seven days in accordance with the provisions of Section 1-6 [of this Code.]

(f) Abatement by City; charging cost. If the owner or occupant fails to abate a nuisance under Subsections (a) through (d) of this section within seven days after notice has been mailed, the enforcing officer may abate the nuisance without giving further notice. The enforcing officer may abate the nuisance by arranging for City employees or private contractors to cut the vegetation growth, spray the vegetation or other appropriate means. The cost of abating the nuisance may be charged against the premises and the owner in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred with a private contractor, whichever is appropriate, plus an administrative fee as provided by the Master Fee Resolution adopted by the City Council from time to time.

(g) Emergency abatement by City; charging cost. The enforcing officer may abate any such public nuisance without giving notice, if the public health or safety requires immediate attention. The cost of abating the nuisance may be charged against the premises and the owner thereof, in accordance with the provisions of Chapter 15 of the Holland City Charter. The cost shall be the standard hourly rate for labor and machine use for the City of Holland or the reasonable cost incurred with a private contractor, whichever is appropriate, plus an administrative fee as provided by the Master Fee Resolution adopted by the City Council from time to time.

(h) Right of entry of enforcing officer, etc. The enforcing officer or his or her authorized representative is hereby empowered to enter upon any premises in the City for the purpose of determining compliance with Subsections (a) through (d) of this section.

(i) Appeal of assessment. A property owner assessed for abatement costs may appeal the assessment to the Director of Community and Neighborhood Services. On appeal, the Director shall determine whether:

(1) The property was in violation of Subsection (a) through (d);

(2) The property owner and occupant were mailed notices of the violation at least seven days before the City abated the condition (except for emergency abatements); and

(3) The costs assessed against the property owner were properly calculated.

An appeal shall be filed within 21 days after the City mails notice to the property owner that the costs will be assessed against the property owner and the premises.

Sec. 19-13 Dismantled and inoperable vehicles.

[Ord. No. 1395, 8-18-2004]

(a) Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

DISMANTLED OR PARTIALLY DISMANTLED MOTOR VEHICLE

Any motor vehicle from which one or more parts, which are ordinarily components of such motor vehicle, have been removed or are missing.

ENFORCING OFFICER

The Director of Community and Neighborhood Services or his or her authorized representative.

INOPERABLE MOTOR VEHICLE

Any motor vehicle which by reason of dismantling, disrepair or other cause whatsoever is incapable of being propelled under its own power, or which does not display or have affixed thereto current license plates or tabs as required by the state for the purpose of operating such vehicle upon public roads or streets.

MOTOR VEHICLE

Any wheeled vehicle which is self-propelled or intended to be self-propelled.

(b) Parking or storing upon private premises. No person shall park or store, or permit or suffer to be parked or stored, any dismantled, partially dismantled or inoperable vehicle or parts thereof upon any private premises within the City. If a person who receives notice under Subsection (c)(1) removes the vehicle or parts thereof within 10 days of the notice, that person shall not be deemed to have violated this section.

(c) Notice of violation—generally.

(1) A notice of violation as required by this section shall be given by the enforcing officer, in writing, clearly notifying the vehicle owner, premises owner or premises occupant of the identity and location of the dismantled, partially dismantled or inoperable motor vehicle and further notifying such one or more persons that failure to comply with this section within 10 days of receipt of such notice shall constitute a civil infraction.

(2) No notice of violation is required if notice was given to the same person for the same or a different dismantled, partially dismantled or inoperable vehicle or parts thereof within two years prior to such parking or storing.

(d) Service.

(1) The notice of violation referred to in Subsection (c)(1) may be served by personal service, certified mail, return receipt requested, or first class mail, and if by certified mail, return receipt requested, or first class mail, it shall be addressed as follows:

a. In the case of a vehicle owner, to the last known address of such owner as shown by the records of the office of the secretary of state of the registration of such vehicle.

b. In the case of a property owner, to the last known address of such owner taken from the tax records of the City.

c. In the case of a premises lessee, to the mailing address of such premises.

A mailed notice as herein set forth shall be an effective notice if actually received by the addressee, whether or not such notice of violation is addressed as set forth above.

(2) If the vehicle owner, premises owner or premises occupant has failed to comply with the notice referred to in Subsection (c)(1), or no notice is required under Subsection (c)(2), the enforcing officer may issue an appearance ticket upon the vehicle owner, property owner or premises occupant found to be responsible for the violation. The Class II municipal civil infraction appearance ticket shall be served personally on the vehicle owner, property owner or premises occupant. If such a person is not available upon the scene of the violation, the enforcing officer may post the appearance ticket on the front door of the premises where the vehicle is located, and in addition, a copy of the citation shall be sent by first class mail to the owner of the land, building, or structure at the owner's last known address taken from the tax records of the City.

(e) Applicability of section.

(1) This section shall apply to the registered owner of any dismantled, partially dismantled or inoperable motor vehicle and to the owner and lessee of the premises whereon such a vehicle is parked or stored.

(2) This section shall not apply to any vehicle parked or stored within a wholly enclosed garage or other wholly enclosed structure.

(3) This section shall not apply to any premises owner or lessee who is not the registered owner of such a vehicle, who shall notify the enforcing officer, in writing, that such a vehicle is on such premises without the consent of the owner or lessee and shall authorize the enforcing officer to remove such vehicle pursuant to Act No. 99 of the Public Acts of 1964, as amended.[1]

[1] Editor's Note: See MCLA § 257.252.

(4) This section shall not apply to vehicles owned or in the possession of commercial auto sales or other businesses licensed under Chapter 16 of this Code.

Sec. 19-13.1 Inappropriate storage of items in unenclosed areas on residentially used properties.

[Added 11-20-2013 by Ord. No. 1620; amended by Ord. No. 1694]

(a) No owner, occupant or agent in charge of any residentially used lot or parcel of land located within the City shall permit or maintain inappropriate storage in unenclosed areas on residentially used properties or the adjoining public right-of-way.

(b) Definitions. The following definitions shall apply to this section:

INAPPROPRIATE STORAGE

The storage of:

(1) Items designed or intended for interior use;

(2) Inoperable or deteriorated items;

(3) Appliances;

(4) Automobile parts;

(5) Construction material (unless stored for an active project with a valid permit); and

(6) The accumulation of items in excess of what is typically found on a residentially used property.

STORAGE

Keeping or housing items described in this section for:

(1) More than 24 hours; or

(2) Between the hours of 6:00 p.m. and 6:00 a.m. Eastern Standard Time.

UNENCLOSED AREA

(1) That part of the dwelling or accessory building not fully enclosed by walls, roofs, doors, windows and/or screens;

(2) Any part of the exterior premises and/or yard area; and

(3) On or in an unenclosed trailer parked in exterior areas of the premises or on adjoining right-of-way.

(c) Enforcing officer: the Director of Community and Neighborhood Services or his or her authorized representative.

(d) Notice of violation, civil infractions.

(1) A person found to be in violation of this section shall be given written warning of the violation by the enforcing officer notifying the property owner, occupant or agent of the violation, a general description of the inappropriate storage and that failure to comply with this section shall constitute a civil infraction. The warning shall be served in a manner provided in Section 1-6.

(2) A person who fails to correct a violation of Subsection (a) within seven days after being served with a warning or is found to be in violation of Subsection (a) within the 12 months after receiving a warning under Subsection (d)(1) is responsible for a civil infraction.

Sec. 19-14 Violations and penalties.

[3-24-1999 by Ord. No. 1245; amended 8-18-2004 by Ord. No. 1395; 11-20-2013 by Ord. No. 1620]

A person who violates or fails to comply with Sections 19-4, 19-5, 19-8, 19-9, 19-10, 19-11, 19-12 and 19-13.1 of this chapter or any of the subsections of those sections is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. A person who violates or fails to comply with Section 19-7 or Section 19-13 of this chapter or any of the subsections of that section is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.