[Adopted 2-18-1981 by Ord. No. 40 (Ch. 24, Art. II, of the
2007 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
RUBBISH
Includes any discarded articles of food, clothing, receptacles,
building materials, automobiles, trucks, trailers, or any automotive
products or parts thereof, recreational item, or machines, or parts
thereof, or other waste products.
The storing, piling or maintaining of any rubbish in such a
way as to encourage or be likely to encourage the breeding of rats
and other rodents is hereby declared to be a public nuisance.
It shall be unlawful for any person, firm or corporation to
store, pile or keep or to permit the storing, piling or keeping of
any rubbish within the Township in such a manner as to encourage or
be likely to encourage the sheltering and propagation of rats and
other rodents.
This article shall be enforced by the Township Supervisor or
such other person as may be designated by resolution of the Township
Board who shall:
A. Upon inspection of such property within the Township which may be
found to be in violation of the conditions heretofore set forth, issue
to the owner of such property or his agent or persons found thereon
thought to be there by right and leave of such owner, a violation
notice in such form and contents which shall reasonably inform such
owner, his agent or person so in charge of such property of the violations
involved, specifying a time limit in which corrections shall be made,
the cost of reinspection of such premises, and the name and telephone
number of the person to contact for such further reinspection.
B. In the event that such violations are not cured within the time limit
so specified and reinspection called for and fees so prescribed paid
within five days following the time limit specified in such violation
notice, then and under such circumstances, the Township Supervisor,
or such other person so designated by the Township Board, may upon
reinspection of such areas of violation, issue or cause to be issued
to the owner of such property or such agent or other person found
to be in charge of such property, an appearance ticket-complaint which
shall be of a form and style as may be approved by the District Court
Administrator for the 52nd
Judicial District Court, 3rd Division, which shall set forth with
reasonable certainty, information to inform the owner, his agent or
other person found in charge of such property of the nature of the
complaint asserted against him, the time and place of his required
appearance and the name and identity of the issuing officer or other
complainant.
C. The Township Supervisor, or such other person so designated by the
Township Board, shall upon the issuance of such appearance ticket-complaint,
make his return to the 52nd Judicial District Court, 3rd Division,
in sufficient time and reasonable certainty as may be required pursuant
to the direction of the District Court Administrator.
[Amended 6-8-1999 by Ord. No. 81]
Violation of any provision of this article constitutes a municipal civil infraction. A person determined to be responsible for a municipal civil infraction for violation of any provision of this article shall be subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. Each day that a violation is permitted to exist shall constitute a separate violation. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.
[Adopted 4-11-1989 by Ord. No. 55 (Ch. 24, Art. III, of the
2007 Code of Ordinances)]
[Amended 5-12-1998 by Ord. No. 55-1A]
A. In the operation of licensee, no person shall create a nuisance or
permit solid waste to fall or be spilled or dumped upon, or transported
or delivered to public or private property which is not duly designated
for such purpose in accordance with applicable law.
B. A licensee shall not cause or permit solid waste to fall or be spilled
or dumped upon a place which is not designated for such purpose, and
the licensee shall cause any solid waste in violation of this provision
to be removed and transported to a site duly designated for such purpose
within 12 hours of notice from the Township.
C. If a licensee shall cause or permit solid waste to fall or be spilled
upon a public or private roadway, the licensee shall take immediate
action to ensure that safe travel over the roadway is restored, and
as soon as it is safe to do so, to ensure the road is cleared for
travel, and that the solid waste which fell or was spilled is transported
to a site duly designated for such purpose.
D. Any vehicle used in the business of licensee within the Township
shall display in a conspicuous place the licensee's name and
telephone number so that such vehicle can be readily identified.
E. All solid waste collected or transported by a licensee shall be directly
transported to a transfer facility, processing plant or disposal area
duly licensed and/or authorized in accordance with applicable law.
[Amended 5-12-1998 by Ord. No. 55-1A; 6-8-1999 by Ord. No. 81]
A. Violation of any provision of this article shall constitute a municipal civil infraction. A person determined to be responsible for a municipal civil infraction for violation of any provision of this article shall be subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages, and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.
B. Each act of violation, and every day upon which such violation shall
occur, shall constitute a separate offense.
C. In addition to the penalties provided in Subsections
A and
B of this section, the Township may seek to enjoin or otherwise abate any violation of this article by any other authorized action.
D. Three or more determinations of responsibility for a violation of any of the provisions of this article, within a twenty-four-month period, may result in a revocation of the license following the procedures set forth in §
355-16.
No individual or entity shall hereafter engage in or carry on
the business of the collection of solid waste from any premises within
the Township, residential or nonresidential, unless and until a license
for such purpose has been applied for and issued as provided in this
article.
Application for licensure under this article shall be made to
the Township Clerk by filing an application containing at least the
following information:
A. The full name, address and telephone number of the applicant. If
the applicant is a partnership or corporation, the application shall
include the name, address and telephone number of the registered agent
and/or person having the authority and responsibility for the management
of the applicant.
B. The names and addresses of each and every person having an ownership
interest in the business to be licensed.
C. The name, address and phone number of the business constituting the
entity to be licensed.
D. The name, address and telephone number of an individual designated
as the agent of applicant for purposes of communication with the Township
in connection with all matters relating to licensure and operation
of the business in accordance with this article.
E. Detailed description of equipment, personnel and procedures to be
utilized in the proposed business of collecting solid waste, including
a description of each truck and other items of equipment used in the
business. The applicant shall include an affidavit specifying that
each truck meets all requirements of this article.
F. A statement made under oath that all vehicles and equipment to be
utilized in the proposed business have all applicable governmental
licenses and permits.
G. A description of the geographic areas within which the applicant
proposes to collect solid waste.
H. The number of households (separately) the number of nonresidential
premises to be served.
I. The name of each other municipality in which the applicant collects
solid waste.
J. The name and address of each and every site to which solid waste
shall be transported by the licensee.
After receipt of an application submitted in accordance with §
355-11, the Supervisor, or the Supervisor's designate, and all other persons to whom the application has been sent with a request to inspect, shall conduct inspections and prepare a report and recommendation on the application, including in the report any and all matters relating to Township or other requirements and standards for solid waste collection and transport. The report shall be transmitted to the Township Clerk within 30 days after receipt of a request for inspection.
The Township Clerk shall grant the application unless, based
upon facts set forth in one or more of the reports, it appears that
the public health, safety or general welfare of the Township might
be jeopardized, taking into consideration the following standards:
A. Whether the applicant's vehicles meet the standards of §
355-7.
B. Whether the applicant has submitted all information required under
this article.
C. Whether there is any specific basis for concluding that grant of
the application would result in the creation of a nuisance or health
hazard to the Township.
The license shall, if granted under §
355-13, be issued upon payment of the required license fees, and upon filing of the information required under §
355-8. All licenses issued under this article shall expire on the same date each year, and, specifically, on June 1.
Any person aggrieved by the grant or denial of a license under
this article may appeal to the Township Board by written request made
within 20 days following the grant or denial. Such written request
shall set forth the basis for the claim that the license had been
wrongfully granted or denied.
A license fee shall be established and may be modified from
time to time by resolution of the Township Board. Such fee shall be
utilized for the purpose of offsetting administration of this article.
The fee shall be payable to the Township Clerk at the time application
is made for licensure or renewal.