[HISTORY: Adopted by the Village Council of the Village of
New Haven 7-8-2014 by Ord. No. 326. Amendments noted where applicable.]
The Village of New Haven Nuisance Ordinance is to prevent, reduce
or eliminate situations that cause or lead to public nuisance and
may be exhibited with or without blight or potential blight factors
within the Village of New Haven.
This chapter may be known and cited as the "Village of New Haven
Nuisances Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any person doing an unlawful act, or omitting to perform a duty
or suffering or permitting any condition or thing to be or exist,
which act, omission, condition or thing either:
Injures, endangers the comfort, repose, health or safety of
others;
Offends decency;
Is offensive to the senses;
Unlawfully interferes with, obstructs, or tends to obstruct
or renders dangerous for passage any public or private street, highway,
sidewalk, stream, ditch or drainage;
In any way renders other persons insecure in life or the use
of property; or
Essentially interferes with the comfortable enjoyment of life
and property; or tends to depreciate the value of the properties and
others.
Furthermore; the maintaining, using, placing, depositing, leaving
or permitting to be or remain on any public or private property of
any of the following items, conditions or actions are hereby declared
to be and constitute a nuisance; provided, however this enumeration
shall not be deemed or construed to be conclusive, limiting or restrictive:
Noxious weeds and other rank vegetation;
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or other things;
Any condition which provides harborage for rats, mice, snakes
and other vermin;
Any building or other structure which is such a dilapidated
condition that it is unfit for human habitation, or kept in such an
unsanitary condition that it is, or creates an menace to the health
of people residing in the vicinity thereof, or presents a more than
ordinarily dangerous fire hazard in the vicinity where it is located;
All unnecessary or unauthorized noises and annoying vibrations
including animal noises;
All disagreeable or obnoxious odors and stenches, as well as
the conditions, substances or other causes which give rise to the
emission or generation of such odors and stenches;
The carcasses of animals or fowl not disposed of within a reasonable
time after death;
The pollution of any public well or wastewater, storm drain,
cistern, stream, lake, canal or body of water by sewage, dead animals,
creamery, industrial wastes or other substances;
Any buildings, structure or other place or location where any
activity which is in violation of local state or federal law is conducted,
performed or maintained;
Any accumulation of stagnant water permitted or maintained on
any lot or piece of ground;
Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable
quantities.
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of a nuisance.
Whenever a nuisance is found to exist within the Village of
New Haven, the President, Building Inspector, Code Enforcement Officer
or other duly designated officer of the Village shall give 10 days'
written notice to the owner or occupant of the property upon which
such nuisance exists or upon the person causing or maintaining the
nuisance.
The notice to abate a nuisance issued under the provisions of
this chapter shall contain:
A.
An order to abate the nuisance or to request a hearing within a state
time which shall be reasonable under the circumstances;
B.
The location of the nuisance, if the same is stationary;
C.
A description of what constitutes the nuisance;
D.
A statement of acts necessary to abate the nuisance;
E.
A statement that if the nuisance is not abated as directed and no
request for hearing is made within the prescribed time, the Village
will abate such nuisance and assess the cost thereof against the person.
If not paid within reasonable time, the costs of abatement can be
placed as a lien against the property.
The notice to abate a nuisance shall be served personally or
by publication in a newspaper circulating in the Village.
Upon the failure of the person upon whom notice to abate a nuisance
was served pursuant to the provisions of this chapter to abate the
same, the Village of New Haven President, Building Inspector, Code
Enforcement Officer or other duly designated officer of the Village
shall proceed to abate such nuisance.
When, in the opinion of the Village President or other duly
designated officer there is an actual and immediate danger to the
public or occupants of a particular premises caused by a nuisance
on such premises, the Village President or duly designated officer
is hereby authorized and empowered, without any notice or hearing,
to order and require such premises to be vacated. The Village President
or other duly designated officer shall immediately post the premises,
warning of the dangerous condition and then abate such nuisance.
The Village President shall keep an accurate account of the
expenses incurred in abating a nuisance under this chapter with respect
to each parcel of land entered upon therefor, and shall make a sworn
statement of such account and deliver the same to the Village Clerk
and Village Attorney.
After accounts have been audited, allowed and paid as provided
in this chapter, it shall be the duty of the Village Clerk to certify
them forthwith to the Township or Village Assessor and Village Treasurer.
Payment of all expenditures represented by such accounts shall be
enforced as a special assessment.
A vehicle defined and regulated by the Michigan Motor Vehicle
Code, Section 252a to 252g, Public Act 300 of 1949, as amended,[1] is a public nuisance. It shall be abated and removed under
the procedures set forth in the Michigan Motor Vehicle Code, and the
following shall apply.
[1]
Editor's Note: See MCLA §§ 257.252a through
257.252g.
A.
It is the duty of the vehicle's owner and custodian, and the
owner and custodian and the owner, tenant, and person in control of
the private property where the vehicle is located, to remove the vehicle
within the time period specified in the written notice affixed to
the vehicle.
B.
The failure, refusal, neglect or inability of the vehicle's
owner to comply shall not be a defense to a criminal charge of creating,
maintaining, harboring, or allowing the existence of a public nuisance
on private property which may be brought against the vehicle's
owner, tenant, and person in control of the private property where
the vehicle is located.
Sheriff's Deputies, Village President, Building Inspector,
Code Enforcement Officer or other duly designated official as local
government agents are empowered to issue and affix required notices
to junk, abandoned or scrap vehicles on private property.
[Amended 1-13-2015 by Ord. No. 333]
In addition to any penalties or remedies set forth in the Michigan Motor Vehicle Code, the owner of the vehicle, the vehicle's owner and custodian, and the owner, tenant and person in control of the private property where the vehicle is located, who fail to remove the vehicle with in the time period specified in the written notice affixed to it, shall be guilty of creating, maintaining, harboring, or allowing the existence of a public nuisance on private property and shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
