A nuisance shall be deemed whatever annoys, injures, or endangers the safety, health, comfort, repose or tranquility of the public; offends public decency; interferes with or obstructs and renders dangerous any street, highway, lake, river or stream; or in any way renders the public insecure in life and property. All such conditions are hereby declared to be public nuisances.
It shall be unlawful for any owner, land contract vendee, vendor or lessee, or occupant of any premises to maintain a public nuisance on either public or private property anywhere in the City.
A. 
It shall be unlawful for anyone in the City of New Buffalo to have a nuisance party. A nuisance party is a gathering of people on property that results in any of the following occurring at the site of the gathering, on neighboring property or on an adjacent public property or street:
1. 
Unlawful sale, furnishing, possession or consumption of alcoholic beverages;
2. 
Violation of any of the provisions of Article II, Noise, of this chapter;
3. 
Fighting;
4. 
Property damage;
5. 
Littering;
6. 
Outdoor urination or defecation in a place open to public view;
7. 
The standing or parking of vehicles in a manner that obstructs the free flow of traffic;
8. 
Conduct that threatens injury to persons or damage to property;
9. 
Unlawful use or possession of marijuana or any drug or controlled substance;
10. 
Trespassing; or
11. 
Indecent exposure.
B. 
Nuisance parties prohibited. It shall be unlawful for any person having the right to possession of any premises, whether individually or jointly with others, to cause or permit a gathering on the premises to become a nuisance party.
C. 
Police order to disperse. Any duly sworn law enforcement officials are authorized to order those attending a nuisance party to disperse. It shall be considered a violation of this section for any person not domiciled at the site of the nuisance party to fail or refuse to leave the premises immediately after being ordered to leave by any duly sworn law enforcement official.
D. 
Penalty. A person(s) who violates Section 12-19 either by direct violation, or by giving permission to, or allowing by silent consent, or allowing by not prohibiting, or allowing by failure to exercise control of a nuisance party shall be guilty of a Civil Infraction and shall be subject to the following penalties which shall be assessed in addition to any other lawful sentence that the sentencing court may impose:
1. 
Notwithstanding the civil fines schedule set forth in Section 1-6 of the City Code of Ordinances, violation of this section shall be punishable by a civil fine of $150 (if first offense), $500 (if second offense), or $1,500 (if third offense), plus costs and all other remedies available pursuant to the City Code of Ordinances or by statute.
2. 
The cost of enforcement and prosecution shall be the actual amount of attorney fees and costs of enforcement. An itemized bill of fees and costs given under oath shall be prima facie evidence of the attorney fees and costs.
3. 
A person who violates Section 12-19A(2) may also be subject to Sections 12-9 and 12-10 of this article.
4. 
In addition, as an alternate remedy, the City shall have the authority to proceed in any Court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with the within ordinance. Election of one of the foregoing remedies shall not preclude the application of other remedies.
[Amended 8-21-2018 by Ord. No. 230]
The following acts, equipment, apparatus, and structures are hereby declared to be public nuisances per however, this enumeration shall not be deemed to be exclusive:
A. 
Storing, etc., of vehicles.
1. 
The storing or parking of any motor vehicle, or body or chassis of a motor vehicle, not bearing a currently valid motor vehicle license registration plate; or which is being dismantled for its parts; or which has missing, unattached, or defective parts or components (e.g., missing wheels or flat or missing tires), or which is inoperable or unable to be operated under its own power, or which cannot function as it was intended and designed to function legally on the roadway; or any licensed or unlicensed semitrailer, whether attached to a tractor or not, excluding facilities licensed by the state for such use and located in an appropriately zoned district, is hereby declared to be a nuisance and prohibited, unless such vehicle, body or chassis is enclosed in a building or other enclosure so as not to be visible from surrounding property, and the owner or occupant of any property upon which such parking or storage exists shall be deemed to have permitted the same; provided, however, that a reasonable number of such vehicles, excluding semitrailers, may be kept for 60 days on the premises of businesses regularly engaged in body and vehicle repairs.
2. 
The maximum number of such vehicles which is considered reasonable shall be determined by the gross square footage of the building housing such a business at a rate of one such vehicle for each 1,000 square feet of gross area of the building housing such a business. However, in no event will more than three vehicles be permitted. Vehicles in excess of the number which has been found to be reasonable and any semitrailers shall be removed within 15 days after the personal delivery or mailing of notice by certified mail to the person, firm, or corporation which owns or operates said premises, or a violation of this chapter shall exist.
B. 
Owners and occupants responsible for premises being kept clean, etc. All persons who own, manage, lease, rent, or occupy any premises whatsoever shall be equally responsible for keeping such premises in a clean and habitable condition and shall take all necessary precautions to prevent any nuisance as herein declared, or condition detrimental to public health from arising thereon, and particularly to take all reasonable precautions to prevent the throwing, placing, depositing, or leaving on any street, highway, alley, public place, or on any private place or premises any garbage, refuse, papers, tin cans, bottles, glass, rubbish, ashes, junk, inoperable machinery, or abandoned households goods or effects, where such throwing, placing, or depositing is likely to be dangerous or detrimental to public health, or likely to cause sickness or attract flies, insects, or rodents. Every person shall comply with such rules and regulations for the storage, collection, and pickup of garbage as may be established and published by the City Council from time to time.
C. 
Fires and burning. No person shall kindle any fire within the City, except within a fire-resistant fireplace, stove, or barbecue grill. The burning of refuse, garbage, rubbish, yard waste, or other similar materials (as defined within Section 15-2 of this Code) in open barrels, containers, enclosures, or upon any open space is expressly prohibited, excluding wood or charcoal which is to be used exclusively within a fire-resistant fireplace, stove, or barbecue grill.
D. 
Littering of streets, parks, playgrounds, etc. The littering of public streets, alleys, roadways, parking areas, playgrounds, school and church yards, cemeteries, parks, beaches, camping areas, or other public places is hereby expressly prohibited. No person shall throw, place, deposit, or leave any garbage, refuse, papers, tin cans, bottles, glass, rubbish, ashes, junk, inoperable machinery, or abandoned household goods or effects in any of the aforementioned places or in any public place, except in trash containers expressly provided for that purpose.
E. 
Smoke, soot, cinders, noxious acids, fumes, fly ash, and gases prohibited. No person shall permit or cause the escape of such quantities of smoke, soot, cinders, noxious acids, fly ash, fumes, and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort, or safety of any such person or of the public or in such manner as to cause or have a tendency to cause injury or damage to property or business.
F. 
Blocking of streets and sidewalks. Any use of the public streets or sidewalks which causes large crowds to gather or obstructs the free use of the streets or sidewalks, without first obtaining a permit from the City Council as prescribed in Chapter 13 of this Code, shall be deemed a public nuisance.
G. 
Dangerous or damaged structures, excavations, ponds, or pools of water. All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and all excavations remaining unfilled or uncovered for a period of 30 days or longer, and all pools of stagnant water which are situated so as to endanger the safety of the public and to attract or endanger children are deemed to be a public nuisance.
H. 
Open storage. The open storage of building materials, supplies, construction machinery, and equipment of any kind or sort whatsoever on any occupied or unoccupied lot in a residential zone is prohibited, except as may be permitted during a specified construction period as shown by a valid and existing building permit given for the erection, alteration, or repair of a building on the site where such materials and equipment are stored. The open storage of goods, supplies, furnishings, furniture, except for lawn or patio furniture during the season, household or household goods and effects whatever kind is also declared to be a nuisance and expressly prohibited on any occupied or unoccupied lot in a residential zone.
I. 
Unfinished buildings or structures. It shall be unlawful to permit any unfurnished building or structure for which certificate of occupancy and compliance has not been given wherein construction, alteration, or repair was begun under a valid building permit, or where such construction, alteration, or repair was begun in an unauthorized manner or where such structures were moved upon the premises, to stand unfinished or uncompleted where such use shall constitute a menace to public health and safety or create an unreasonable detraction from the quality of the neighborhood so as to result in blight, deterioration, and the depressing of property values in the vicinity.
J. 
Owner, etc., to keep dwelling, etc., in habitable condition, etc. Every building, dwelling, or structure, including garages and outbuildings, shall be kept by the owner, land contract vendee, or occupant thereof in a clean, neat, sanitary, structurally sound, and habitable condition in order to prevent the premises from becoming a nuisance. It shall be unlawful for any such owner, land contract vendee, or occupant to allow a building to become abandoned and dilapidated by improper maintenance, or permit weeds or other vegetation to grow, and trash, rubbish, or refuse to accumulate on the property. Such owner or occupant shall be responsible for maintaining suitable and safe means of ingress and egress, for preventing fire hazards, for adequate sanitary facilities on the premises, for preventing overcrowding and for providing proper ventilation and light. Whenever such dwelling shall be deemed uninhabitable, or unusable as hereinafter provided, it shall thereupon be deemed a public nuisance.
K. 
Maintenance of vacant commercial, etc., buildings. The owner, land contract vendee, or other person legally responsible shall have the duty to maintain any empty, unused, or unrented commercial or industrial buildings in a neat, clean, and structurally sound manner to prevent the premises from becoming a nuisance. Such vacant buildings shall have all windows glazed or neatly boarded up and shall be kept securely locked at all times. It shall be the owner's responsibility to keep the building free from all signs and posters not specifically authorized by such owner.
L. 
Other nuisances.
1. 
All other acts, equipment, apparatus, or structures that may be deemed to be a nuisance by virtue of interference with public health, safety, moral and general welfare, which shall disturb the peace, comfort, or tranquility of any person or the public, or interfere with the use, enjoyment, and benefit of property so as to depress property values and result in blight, deterioration or interfere with the normal conduct of business, shall be deemed a public nuisance.
2. 
Casinos or other gaming establishments are deemed to be public nuisance as previously defined in this section. Gaming establishments as those selling Michigan State Lottery, church or other nonprofit organizations fundraising events as Las-Vegas-style gaming are not deemed to be public nuisances as previously defined.
M. 
Waste collection hours. Waste collection service activities, including obtaining and removing waste, garbage, rubbish, trash, bulk waste, and/or recyclable materials from dumpsters, cans, bins, receptacles, and/or similar containers, or bulk waste within a container or not, shall be an unlawful public nuisance when such activity is not conducted between the hours of 7:00 a.m. and 6:00 p.m. Eastern time.
N. 
Yard care hours for contractors. All yard care performed by contractors which is not performed between the hours of 7:00 a.m. and 7:00 a.m. Eastern time on weekdays and between the hours of 7:00 a.m. and 5:00 p.m. Eastern time on Saturdays shall be an unlawful public nuisance. All yard care performed by contractors on Sundays shall be an unlawful public nuisance. For the purposes of this subsection, yard care shall include all activates related to the planting, maintaining, trimming, cutting, gathering, and/or removing of live, dead, or pieces of vegetative matter, including but not limited to grass, trees, shrubs, bushes, flowers, weeds, and noxious vegetation.
Notice regarding the abatement of any nuisance prohibited by this chapter, the expense of which, if performed by the City, may be assessed against the premises under the provisions of this chapter, shall be served:
A. 
By delivering the notice to the owner, land contract vendee, vendor, lessee or occupant, or other person legally responsible personally or by leaving the same at their residence, office, or place of business with some person of suitable age and discretion; or
B. 
By mailing such notice by certified or registered mail to the owner of record at their last known address; or
C. 
If the owner is unknown, by posting such notice in some conspicuous place on the premises at least 10 days before the action concerning which the notice is given is required or is to occur.
A. 
Condemnation after investigation. Report, recommendation, notice and hearing. The City Council may, after investigation and a report and recommendation made by either the City Manager, Fire Chief, Building Inspector, Ordinance Enforcement Officer, or County sanitarian, or any or all of such officials, and after notice to the owner or land contract vendee, vendor or lessee, and after holding a public hearing thereon, condemn dangerous or uninhabitable structures by giving notice to the owner or land contract vendee of the land upon which structure is located, specifying in what respects such structure is a public nuisance and requiring such owner to alter, repair, tear down, or remove the same and clear and clean up the site within such reasonable time, not exceeding 90 days, as may be necessary to do, or have done, the work required by such notice. Such notice shall also provide a reasonable time within which such work shall be commenced.
B. 
Unlawful to occupy condemned premises. It shall be unlawful for any person to occupy or use premises condemned by the City Council until the same is put into a safe, structurally sound, sanitary, and habitable condition.
C. 
Abatement. If, at the expiration of the time limit in the notice relating to dangerous or uninhabitable structures, the owner or land contract vendee has not complied with the requirements thereof, or in any case where the owner of the land or of the building or structure itself is not known or cannot be located after a diligent search the City Council may order such nuisance abated either by the proper department of the City or by contract with a private person qualified to do such work, and the cost of such abatement may be assessed against the lot, premises, or description of real property upon which such hazard or nuisance was located.
A. 
Notice shall be required, as provided by Section 12-21, only in those cases where the cost of abating the nuisance is to be assessed against the owner of the lot or premises where such nuisance is located for failure to comply with the notice and order of abatement.
B. 
No public hearing shall be required unless private property is to be condemned, razed, and removed from the lot or premises upon which a public nuisance exists.
The City Council and the duly authorized attorney for the City may prosecute violators under the provisions of this chapter, order the abatement of such nuisances, and for failure to comply with such order, after a public hearing thereon, the City may cause the nuisance to be removed and assess the costs thereof against the owner, vendee, vendor, lessee or occupant of the premises, or proceed in any court of competent jurisdiction for an injunction, mandamus, abatement, or any other appropriate action for the enforcement of this chapter. The City Council and the duly authorized attorney for the City, or any owners of property affected by a public nuisance, may institute injunction, mandamus, abatement, or any other appropriate action or proceedings to prevent, enjoin, or abate any unlawful nuisance. Should the City receive an order of demolition of a dangerous and uninhabitable structure, the City may place a lien on the property for its actual costs of removal, plus actual attorney fees and costs. Such a lien would be placed on the next tax bill for the property as a special assessment. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.