[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.
