Township of Three Oaks, MI
Berrien County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Township Board of the Township of Three Oaks 1-8-2007 by Ord. No. 07-43. Amendments noted where applicable.]
This chapter shall be known and cited as the Three Oaks Township "Junk Car Ordinance."
A. 
No person, firm or corporation shall park or store, on premises primarily used or zoned for residential purposes within the Township, any motor vehicle which is not in operating condition for a period of not more than seven days, unless the same is located within an enclosed building, or unless a special permit therefor is first obtained from the Supervisor or Clerk of Three Oaks Township or such other officer as the Township Board may designate, to be granted only in special hardship cases beyond the control of the applicant, where peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purposes of these regulations are still observed.
[Amended 12-21-2013 by Ord. No. 07-43A; 6-8-2015 by Ord. No. 43B]
B. 
No person, firm or corporation shall park or store, upon premises primarily used or zoned for residential purposes within the Township, more than one motor vehicle in operating condition which is not regularly used for the purpose for which it was manufactured or designed unless the same is located within an enclosed building or unless a special permit is first obtained therefor from the Supervisor or Clerk of Three Oaks Township or such other officer as the Township Board may designate, to be granted only in special hardship cases beyond the control of the applicant, where special peculiar circumstances exist, where no adjoining property owner is adversely affected thereby, and where the spirit and purpose of these regulations are still observed.
C. 
Motor vehicles, for the purpose of this chapter, shall be deemed not in operating condition when:
(1) 
Said vehicle is being dismantled by the removal of parts therefrom or which has main component parts missing, unattached, inoperable or unserviceable;
(2) 
Said vehicle does not bear a currently valid motor vehicle license registration plate or number; or
(3) 
Said vehicle cannot be propelled under its own power.
D. 
The purpose of these regulations pertaining to motor vehicles is to limit and restrict the outdoor storage or unreasonable accumulation of junk cars or vehicles, unused cars or vehicles, and dilapidated, nonoperating motor vehicles upon premises used or zoned for residential purposes, to thereby avoid injury and hazards to children attracted to such vehicles, and the psychological ill effect of the presence of such vehicles upon adjoining residents and property owners.
Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
A. 
Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Any person or persons, partnership or corporation who shall violate any of the provisions of this chapter is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter 29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter 29, Municipal Civil Infractions.
(2) 
Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
B. 
As an alternative to the imposition of the foregoing fines and penalties, if any person, firm, or corporation refuses or neglects to comply with an order of the Township Board, Township Supervisor, or Township Building and Zoning Inspector issued under this chapter, the Township may cause the inoperable motor vehicle(s) to be removed from the premises, impounded, destroyed, and/or sold and the cost thereof assessed against the owner or occupant of the premises on which the same is located. If the owner or occupant of such premises shall refuse, upon demand, to pay such expenses so incurred, such sums shall be assessed against the real estate involved and shall be collected and treated in the same manner as are taxes assessed under the general laws of the State of Michigan.
C. 
If the occupant or any other person shall have caused or permitted such violation to exist, he shall be liable to the owner of said premises for any amount so paid by such owner or assessed against said property, which amount shall be recoverable in an action at law.
D. 
In the event of a sale of any inoperable motor vehicle(s) by the Township, the proceeds from such sale shall be first used to reimburse the Township for the costs incurred therein and the balance, if any, shall be returned to the owner or occupant of the real estate involved, as the case may be.