The City Commission finds and declares that the necessity in
the public interest for the provisions and prohibitions hereinafter
contained in this chapter is declared as a matter of legislative determination
and public policy, and it is further declared that the provisions
and prohibitions hereinafter contained are in pursuance of and for
the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare and the peace and quiet of the inhabitants
of the City of Kalamazoo.
As used within this chapter, the following terms shall have
the meanings indicated:
Surrounding or background noise associated with a given environment,
usually a composite of sounds from many sources.
When referring to persons intended to be protected by the
provisions of this chapter, shall mean a reasonable person of normal
sensitiveness.
Any dwelling, garage, accessory or outbuilding, or any factory,
shop, store, office building, warehouse, or any other structure or
part of a structure which has one or more of the following:
Is no longer habitable as a dwelling or useful for the purpose
for which it was originally intended because of fire, wind, other
natural disaster, or physical deterioration;
Is partially completed and which is not presently being constructed
under an existing, valid building permit issued by or under the authority
of the City;
Is not structurally sound, weathertight, waterproof or verminproof;
Is not covered by a water-resistant paint or other waterproof
covering so as to protect said structure from the adverse effects
of the elements or from physical deterioration;
Causes or tends to cause devaluation of the subject property
or other properties in the area; or
Which has any of the following conditions:
If a vacant, abandoned and/or condemned building or structure
that has been vacant, abandoned and/or condemned for more than 30
days, see "vacant blighted structures."
Any lumber, bricks, concrete, cinder blocks, plumbing materials,
electrical wiring or equipment, heating ducts or equipment, shingles,
mortar, cement, nails, screws, or other materials commonly used in
the construction or repair of any buildings or structures.
Any combination of truck, truck tractor, trailer, semitrailer
or pole trailer used upon the highways or streets in the transportation
of passengers or property.
A City zoning district designated to accommodate a variety
of commercial uses as well as duplex, multi-family, public, and civic
uses.
The sound pressure level in decibels measured on the "A"
scale of a standard sound level meter having characteristics defined
by the American National Standards Institute, Publication ANSI S1.4-1971,
for a Type 2 Instrument.
A unit of sound level on a logarithmic scale measured relative
to the threshold of audible sound by the human ear, in compliance
with American National Standards Institute standard S1.1-1960.
Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger or potential danger.
The system comprised of a combination of components which
provides for enclosed flow of exhaust gas from engine parts to the
atmosphere.
The value specified by the manufacturer as the loaded weight
of a vehicle.
Writings, markings, etchings, carvings, tagging, slogans,
symbols, pictures on public or private property that are illicitly
written, spraypainted, or sketched on any structure, fence, wall or
other surface visible from a public place or neighboring property.
Sounds which have a specific frequency or pitch associated
with them.
Very short duration, although they may be repeated at regular
or irregular intervals, such as gun shots or automobile backfire sounds.
Any abandoned, discarded, unusable objects or equipment,
any object or equipment unused for its originally intended purpose,
including, but not limited to, furniture, furniture intended for indoor
use which is placed outdoors, stoves, refrigerators, freezers, cans,
barrels, implements, parts of motor vehicles, machinery, cloth, rubber,
bottles, any metals, boxes, cartons or crates.
Includes any motor vehicle that is kept, parked or stored,
other than in a completely enclosed building, and is not in operating
condition, is not properly licensed or is incapable of performing
the transportation function for which it was manufactured. The term
"junk vehicle" does not include a motor vehicle ordinarily used, but
temporarily out of running condition.
Ongoing care and attention, such as weeding, watering or
trimming or any other affirmative acts which make it clear that the
vegetation is not the result of mere neglect.
A City zoning district designed to accommodate industrial
and manufacturing uses and activities.
Any vehicle that is self-propelled and includes industrial
and construction equipment which is not subject to registration under
the Michigan Vehicle Code, being Public Act 300 of 1949. The term
does not include special mobile equipment.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound.
Refers to poison ivy, poison sumac, poison oak, giant hogweed,
nettles and/or ragweed.
A social gathering or party, whether static or mobile, conducted
on any public or private property within the City and which, by reason
of the conduct of those persons in attendance, results in any one
or more of the following conditions or events occurring on public
or private property:
The unlawful sale, furnishing, possession, or consumption of
alcoholic beverages;
Urination or defecation on neighboring public or private property,
or on the premises in view of another person;
Unlawful deposit of trash or litter;
Destruction of property;
Unlawful vehicular traffic, or the unlawful stopping, standing
or parking of vehicles, obstruction of the free flow of traffic or
interference with the ability to render emergency services;
Unlawful parking of vehicles within the public streets, alleys,
or sidewalks, or upon private property;
Unreasonably loud noise under the circumstances which disturbs
the comfort, quiet or repose of one or more members of the neighborhood;
Conduct or a condition which injures any person;
Conduct or a condition which endangers the safety of persons
or property in the neighborhood;
Conduct or a condition which results in the indecent exposure
of a person, or the display of graphic sexual behavior, whether real
or simulated, to a member of the public not attending the social gathering
or party;
Unlawful sale, furnishing, manufacture, use, or possession of
a controlled substance as defined by federal or state law.
A City zoning district designated to accommodate the development
of single and two-family dwelling units, multiunit housing, mixed
residential and commercial uses, and special purpose districts.
A person who violates any of the provisions of this chapter,
whether as owner, occupant, lessee, agent, operator, servant, or employee
shall, except as herein otherwise provided.
As defined at MCLA § 257.62
A City zoning district designated to accommodate governmental
and public service uses such as parks, schools and governmentally
owned or controlled land and large institutional uses in campus-like
settings such as colleges, hospitals and large religious assemblies.
Any noise radiating from a vehicle except for vehicle noises
exempted by this chapter.
Any and all forms of debris not herein otherwise classified.
Any structure located within the City of Kalamazoo which
is vacant and blighted, as defined in this chapter, for more than
30 days, and to which two or more of the following criteria applies:
Considered as any type of vegetation which is not customarily
planted or transplanted or commercially sold for use in gardens or
for landscaping.
A.Â
The following are declared to be public nuisances, and it shall
be unlawful for any person owning, occupying or in control of any
personal property, lot or land, either public or private, to allow,
maintain or permit a nuisance:
(1)Â
Noxious weeds of any height. Any other weeds or grasses which have
attained a height of eight inches or more; unless said vegetation
is maintained as part of a garden/landscaped area.
(2)Â
Any trash, garbage, rubbish, debris, waste or similar offensive or
unsightly material.
(3)Â
Any dead trees or shrubbery or any accumulation of dead vegetation,
other than a managed compost and other than that which is properly
placed for public or privately contracted collection. This subsection
shall not apply to any place designated as a park, preserve or open
space by the City.
(4)Â
Any materials constituting a haven or hiding or nesting place for
rats.
(5)Â
Any unfilled basements, excavations or holes that could be dangerous
to children coming upon the property, unless fenced or protected in
a manner approved by the City Manager or his duly authorized representative.
(6)Â
Unenclosed porches and decks visible from the public street or road
fronting the property shall not be used as storage. In no case shall
indoor interior furniture, trash, garbage, rubbish or debris be permitted
to accumulate on porches or decks.
(7)Â
Any substance listed below which is either left in an otherwise vacant
building, been abandoned, or has been or is being used, possessed,
maintained or disposed of in violation of a governing statute, ordinance,
regulation, rule or order:
(8)Â
Graffiti.
(9)Â
Dust emission from industrial or commercial establishments. It shall
be unlawful for any person in charge or control of, or having general
supervision of, the management and operation of any factory, mill
or other industrial or commercial establishment in the City, to operate
such establishment, or allow or permit it to be operated, in such
manner that dust of any kind or character shall be emitted therefrom
in such quantity or in such manner as to be dangerous, deleterious
or harmful to the health and well-being of any person living, working
or being in the vicinity thereof, or in such quantity or in such manner
as to cause damage or injury to any property located in the vicinity
thereof, or in such quantity or in such manner as to be in fact a
nuisance.
B.Â
Notice. The City Manager, or his or her duly authorized representative,
is authorized to notify, in writing, by regular mail or in person,
the owner or person in control of any land within the City to remove
or correct any condition constituting a violation of this section.
An action shall be taken to remove or correct this violation within
10 days. In the event that the address of any such person is unknown,
it shall be sufficient to post notice on said property.
C.Â
Appeal. Any person aggrieved by the terms of notice given pursuant to this section may appeal, in writing, within 10 days of the date of the notice. The appeal shall be first made to the duly authorized representative, and if necessary, the City Manager. In determining whether such notice should be confirmed, the City Manager or his or her duly authorized representative shall take into consideration any and all hazards, nuisances or influences adverse to adjoining property or persons occupying the same and all factors detrimental to the health, safety, peace, morals and welfare of persons within, about or adjacent to the premises. If the appeal is regarding the type of vegetation which may or may not constitute a nuisance, the aggrieved party shall be required to provide materials (including photos) which document the types, sizes and characteristics of the vegetation from a botanist, landscape architect or other professional in the field. The City, if necessary, may independently verify same. If the property owner does not abate, the City may abate pursuant to § 21-4 or take further legal action and the final decision can be made in a court of law. A property owner may appeal an administrative determination regarding vegetation to the Ad Hoc Weed Committee.
D.Â
Ad Hoc Weed Committee. An appeal to the Ad Hoc Weed Committee shall
be scheduled within 30 days of the receipt by the City of said request.
The property owners within 200 feet of the subject property shall
be advised of the hearing, which shall be open to the public.
(1)Â
Said committee shall determine whether the vegetation at issue constitutes
a public nuisance. Said decision shall be mailed (first class) to
the person who requested the hearing. If three or more members of
the committee determine that the vegetation does constitute a public
nuisance, abatement action may be commenced seven calendar days after
the decision is mailed. If three or more members of the committee
determine that the vegetation does not constitute a public nuisance,
no abatement action may be taken unless and until criminal action
has been brought and a finding of responsibility obtained for violating
this article.
(2)Â
If three or more members of the committee determine that the vegetation
at issue is a public nuisance, the committee may allow the owner up
to seven calendar days to eliminate that vegetation which constitutes
the public nuisance. The determination of whether the vegetation has
been brought into compliance with this section shall be made (on or
after the eighth day) by a City inspector, who shall communicate his/her
determination to the committee's members. The inspector's
determination shall stand unless a majority of the committee's
members disagree.
(3)Â
For the purpose of carrying out the provisions of this subsection,
an Ad Hoc Weed Committee shall be created with five members. The members
shall include a representative from the Kalamazoo Nature Center, a
representative from the City of Kalamazoo Parks and Recreation Department,
a representative from the Environmental Concerns Committee, a representative
from the City of Kalamazoo Administration, and a registered landscape
architect. The Committee shall be chaired by the representative of
the Environmental Concerns Committee. The recording secretary will
be furnished by the City to receive and distribute all meeting minutes
and to perform other relevant functions. A majority of the members
of the committee shall constitute a quorum.
E.Â
The foregoing notice and hearing requirements shall not apply in
the event that the public nuisance constitutes an immediate danger
to the public health, safety or welfare or if the public nuisance
is located upon public lands. With regard to graffiti, this includes
any type of markings that are offensive in nature and/or contain profanity,
threats or explicit language.
A.Â
If a condition in violation of article is not removed or corrected within 10 days after mailing or giving personal notice pursuant to § 21-3B, the City Manager or his or her duly authorized representative is authorized to arrange and pay for the removal of or correcting of such condition, either by a department of the City or by other, and immediately bill the expense thereof to the owner of record. For such purpose, the City Manager or his or her duly authorized representative is hereby authorized and empowered to enter upon the premises of any such public or private land within the City at reasonable times and under reasonable conditions to accomplish the appropriate corrective action. The abatement may include, but is not limited to, mowing and raking; removing trash, garbage, junk, yard waste and debris; filling dangerous holes or excavations and/or installing barriers; washing, scrubbing and/or painting over graffiti; and removing or relocating dangerous substances.
B.Â
If any bill rendered pursuant to Subsection A shall remain due and unpaid for a period of 30 days after the bill is mailed, it shall thereafter accrue interest at the rate of 6% per annum. If the amount due continues to be unpaid, the City may assess the same against the property; and such assessment shall constitute a lien upon the property from the date of completion of the work and may be billed as part of the tax applicable to the property.
A.Â
In addition to the penalty imposed for a violation of this chapter,
the operation or maintenance of any noise, property, graffiti, dust,
vegetation, trash, rubbish, junk, party, and/or automobile which causes
discomfort or annoyance to reasonable persons of normal sensitiveness
or which endangers the comfort, repose, health, or peace of residents
in the area shall be deemed and is declared to be a nuisance and may
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
B.Â
The City Manager or his or her duly authorized representative shall
enforce the provisions of this chapter and make investigations of
complaints of its violation. For such purpose, the City Manager or
his or her duly authorized representative shall have authority to
enter upon the premises of any public or private land within the City
at reasonable times and under reasonable conditions.
C.Â
In addition to the employees and officers regularly required to
enforce City ordinances generally, the City Manager may assign duties
of enforcement of this chapter to personnel trained in noise-control
techniques and procedures and equipped with calibrated sound level
meters of a standard design.
D.Â
Except as otherwise provided, any person that violates this chapter
shall be responsible for a municipal civil infraction subject to a
fine of $200 for a first offense. Each day that a violation continues
shall be deemed to be a separate violation not to exceed $500 for
each subsequent offense.
E.Â
In this chapter, a person who fails to answer a citation or notice
to appear in court for a municipal civil infraction shall be guilty
of a misdemeanor. See MCLA § 600.8727(10).
