[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.
[Code 1955, § 3-1.2]
No person shall create, maintain or permit to be maintained
a public nuisance in the City.
[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.
[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.
[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.
[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.
[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.
[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:
(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:
(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.
|
[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:
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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)
GRAFFITI
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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:
(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:
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.
[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:
(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.
[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:
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.
(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:
(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.
[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.
(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.
(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.
[Ord. No. 1395, 8-18-2004]
(a)
DISMANTLED OR PARTIALLY DISMANTLED MOTOR VEHICLE
ENFORCING OFFICER
INOPERABLE MOTOR VEHICLE
MOTOR VEHICLE
Definitions. For the purposes of this section, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Any motor vehicle from which one or more parts, which are
ordinarily components of such motor vehicle, have been removed or
are missing.
The Director of Community and Neighborhood Services or his
or her authorized representative.
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.
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.
[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)
INAPPROPRIATE STORAGE
(1)
(2)
(3)
(4)
(5)
(6)
STORAGE
UNENCLOSED AREA
Definitions. The following definitions shall apply to this section:
The storage of:
Items designed or intended for interior use;
Inoperable or deteriorated items;
Appliances;
Automobile parts;
Construction material (unless stored for an active project with
a valid permit); and
The accumulation of items in excess of what is typically found
on a residentially used property.
Keeping or housing items described in this section for:
(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.
[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.
[Ord. No. 1520, § 2, 11-5-2008]
(a)
The purpose of this article is to encourage security alarm users
to properly install, use, and maintain alarm systems in order to improve
the reliability of such systems and thereby reduce or eliminate false
security alarms and to defray expenses to the City in responding to
repeated false security alarms.
(b)
This article governs the use of security alarm systems intended to
summon the City of Holland Police Department; allows for the assessment
of service fees; and provides for civil and criminal penalties.
[Ord. No. 1520, § 2, 11-5-2008]
(a)
ALARM USER — Any person, partnership, corporation, unincorporated
association or any group of persons, whether as owner, occupant, or
tenant, upon whose premises a security alarm system is maintained
or operated within the City of Holland, except for alarm systems on
motor vehicles. If, however, the alarm system or a motor vehicle is
connected with an alarm system at the premises, the person using such
a system is an alarm user.
(b)
DEPARTMENT — The City of Holland Police Department.
(c)
ENFORCEMENT OFFICIAL — The City of Holland Police Chief or
his/her designated representative.
(d)
FALSE SECURITY ALARM — For the purposes of this article, any
activation of any security alarm system not caused by criminal activity,
a health and safety emergency, acts of God or verifiable interruptions
of electrical or telephonic service to an alarm user, unless the alarm
is canceled by the party that originally notified the police of the
alarm before the police arrived on the scene. A false security alarm
includes, but is not limited to, activation of a security alarm system
through any of the following:
(e)
SECURITY ALARM SYSTEM — Any device or equipment designed to
signal visibly, audibly, electronically, mechanically or by any combination
of these methods, the presence of a hazard, criminal activity or other
health and safety threat requiring urgent attention, through a communication
to the and to which the is trained to respond. The term "security
alarm system" does not include an alarm designed to alert only the
inhabitants of a premises or a fire alarm system.
(f)
PREMISES — Any building or structure in which a security alarm
system is installed.
(g)
SERVICE FEE — The monetary charge payable to the City of Holland
to defray the expenses of implementing the purposes of this article
and the expenses of responding to false security alarms.
(h)
AN ACT OF GOD — Is unusual, extraordinary, sudden or unexpected
display of the forces of nature against which the science and the
skill of mankind are of no avail.
[Ord. No. 1520, § 2, 11-5-2008]
[Ord. No. 1520, § 2, 11-5-2008]
(a)
A service fee shall be assessed for the fourth and each subsequent
false security alarm at the same premises requiring response by the
during any calendar year.
(b)
False security alarms activated by any components connected to the
security alarm system shall be included in computing the total number
of false security alarms for purposes of this article.
[Ord. No. 1520, § 2, 11-5-2008]
Service fee established by this article shall be calculated
periodically based on employee labor rates, equipment costs and the
service costs and established by appropriate resolution adopted by
City Council.
[Ord. No. 1520, § 2, 11-5-2008]
If the provisions of this article conflict with any ordinance
or resolution previously adopted by the City, the provisions of this
article shall control.
[Ord. No. 1520, § 2, 11-5-2008]
In addition to any service fee or other sanction that may be imposed, a person who violates or fails to comply with this article 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. Each act of violation of this article and each day upon which such violation occurs shall constitute a separate violation.
