The short title of this chapter is "Blight Elimination."
[HISTORY: Adopted by the Township Board of the Charter Township of Huron 6-10-2009 by Ord. No. 09-01. Amendments noted where applicable.]
Consistent with the letter and spirit of Public Act 344 of 1945, as amended,[1] it is the purpose of this chapter to prevent, reduce or eliminate blight or potential blight in Huron Township by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in Huron Township.
[1]
Editor's Note: See MCLA § 125.71 et seq.
Hereinafter, "property" shall refer to real estate, real property, premises, and any buildings contained thereon. "Property" shall not include "personal property," which shall be referred to separately herein. It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On and after the effective date of this chapter, no person, firm, partnership, association, entity, company, LLC, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in Huron Township owned, leased, rented or occupied by such person, firm or corporation.
A.
Junk vehicles. The storage upon any property in Huron Township of junk vehicles, except in a completely enclosed building or a junkyard approved consistent with local ordinances and state and federal laws. For the purpose of this chapter, the term "junk vehicles" shall include any motor vehicle which is not licensed for use upon the highways of the State of Michigan, and shall also include, whether so licensed or not, any motor vehicle which is inoperative. The definition of "inoperative vehicle" includes, but is not limited to, a vehicle with flat tires, missing car parts, or any other condition that would indicate that the vehicle could not operate safely on any public or private roadways or otherwise operate without violating any other laws or ordinances in the State of Michigan.
B.
Building materials. The storage upon any property in Huron Township of building materials unless within a commercial zoning district approved for such usage, or upon a property in which there is in force a valid building permit issued by Huron Township for construction upon said property and said materials are intended for use in connection with such construction. "Building materials" shall include but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.
C.
Junk, trash, rubbish, garbage, litter, debris, or refuse. In any area, the storage or accumulation of junk, trash, rubbish, garbage, litter, debris, or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed four days. The terms "junk, trash, rubbish, garbage, litter, debris, or refuse" shall be synonymous. Junk shall include (as examples), but not be limited to, scraps, tires, paper, furniture, parts of machinery or motor vehicles, unused appliances, wood and wood remnants, metal or any other material or other castoff material of any kind whether or not the same could be put to any reasonable use.
D.
Properties in foreclosure or eviction. If a property and/or building has been vacated by court order and the personal property therein has been removed by court authority and left upon the exterior of such property, or outside of such building, or upon the adjoining road or county right-of-way for a period of at least four days, Huron Township may cause the placement of notice, stickers, or signage in a conspicuous location on or around such personal property requiring the removal of such personal property by order of Huron Township within 48 hours after posting. Thereafter, Huron Township may cause the removal and disposal of such personal property. The cost for the removal and disposal of same shall be paid by the owner of the property, including any landlord or bank who may own same by order of foreclosure or eviction. The Township may also place a lien upon the property for the recovery of such costs, and such lien will be added to the property tax rolls for said property.
E.
Blighted structures.
(1)
In any area, the existence of any structure or part of any structure which, because of fire, wind or other natural disaster, or physical deterioration is no longer habitable, if a dwelling, nor useful for any other purpose of which it may have been intended.
(2)
In any area, the existence of any vacant dwelling, garage or other outbuilding unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals, or other unauthorized persons.
(3)
In any area, the existence of any partially completed structure, unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the Township and unless such construction is completed within a reasonable time.
F.
Waterways. No person shall deposit, cause to be deposited, or allow to remain any litter, trash or debris in the waterways, drainage ditches, and detention basins within the Township.
A.
Designated person. This chapter shall be enforced by the Ordinance Officer, the Zoning Administrator, the Huron Township Police Department, or such persons who may be so designated by the Huron Township Board.
B.
Notice. With the exception of the notice provision stated for the "properties in foreclosure or eviction" in § 152-3D above, the following notice provision shall apply to this chapter. The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in § 152-3 hereof is found to exist, shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within two days after service of the notice upon him. Such notice shall be served personally. If personal service is not practical, service shall be done by certified mail return receipt requested, first class mail, and by posting on the property in question. Additional time may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
C.
Failure to comply with such notice within the time allowed by the owner and/or occupant shall constitute a violation of this chapter.
D.
Choice of remedies. If after notice has been given pursuant to Subsection B above, and if compliance has not been received from the owner and/or occupant of the subject property, Huron Township may prosecute such compliance and enforcement through a nuisance abatement action in the 3rd Circuit Court of Michigan, and/or an appearance ticket action in the 34th District Court of Michigan. Huron Township may seek either or both actions, and neither choice of remedy is a precondition to the other remedy, and neither choice of remedy is mutually exclusive of the other remedy.
(1)
District Court enforcement. If Huron Township chooses to seek an enforcement and compliance action in the 34th District Court, a person found to be in violation of this chapter for the first time shall be convicted of a civil infraction, punishable upon a finding of responsibility thereof by a fine no less than $150 and not exceeding $500. A person found to be in violation of this chapter subsequently within five years of such first conviction shall be deemed guilty of a misdemeanor conviction punishable by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the Court. The District Court shall be empowered with any conviction to issue an order requiring such person's compliance with this chapter, specifically the removal of any and all such blight or blight factors.
(2)
Circuit Court enforcement. If Huron Township chooses to seek an enforcement and compliance action in the 3rd Circuit Court of Michigan, the Township may avail itself of all remedies therein available for a nuisance abatement action including, but not limited to, injunctive relief, declaratory relief, and the court's contempt of court powers.
(a)
The Circuit Court shall be empowered with the finding of a violation to issue an order requiring such person's compliance with this chapter, specifically the removal of any and all such blight or blight factors.
(b)
The Court may also order the additional relief of allowing the Township to enter onto the premises for the purpose of removing the noncompliant items. In the event that the Township shall receive an order to enter the premises for such purposes, the Court shall issue a civil judgment in favor of the Township for the expense of removing such items and the placement of a lien of said property for the expense of same. The Township, at its discretion, may exercise its rights to seek either civil post-judgment collection proceedings or the lien collection proceedings for the payment of said expense.
This chapter shall repeal and replace the "Inoperable Motor Vehicle Ordinance," Ord. No. 72-1, and the "Unkempt Premises Ordinance," Ord. No. 72-2. This chapter shall not be construed as repealing or replacing any other ordinance now in effect or hereafter made effective, but shall be construed as supplementary to any such ordinance as well as to any statutes of the State of Michigan relating thereto.