This chapter shall be known and cited as the "New Buffalo Township Litter and Debris Ordinance."
[HISTORY: Adopted by the Township Board of the Township of New Buffalo 7-8-1969 by Ord. No. 690708; amended in its entirety 5-17-2021 by Ord. No. 05172021B. Subsequent amendments noted where applicable.]
A.
No person shall maintain or permit to be maintained any of the following types of blight upon any premises owned, rented, or occupied by such person:
(1)
The storage or accumulation of garbage of any kind, except domestic refuse originating on the premises and stored in a sanitary manner for a period not to exceed 14 days. The term "garbage" shall include food waste matter and discarded food containers, as well as any other household refuse. Dumpsters and other large garbage containers shall be stored on the property served for not more than 30 days. Domestic dumpsters and other large garbage containers shall be limited in capacity to 120 gallons.
(2)
The outdoor storage or accumulation of junk. The term "junk" shall include machinery parts, tires, containers, motor vehicle parts, mobile home components, tin cans, unused appliances, metal remnants, cast-off materials, scrap, rubbish, discarded paper products, unused furniture, inoperable equipment, discarded building materials, and any inoperable or discarded machinery or materials.
(3)
The outdoor storage of mobile homes (other than those actually used and occupied for dwelling purposes as permitted under Township ordinances), truck bodies, bus bodies, or semitrailers, either as vacant units or storage units.
B.
The owner or occupant of every dwelling or other building located within the Township of New Buffalo shall provide the same with proper and appropriate covered receptacles of nonabsorbent material for holding garbage, refuse, ashes, rubbish, or other waste material, commensurate with use being made of such building. Such receptacles shall further be kept clean and sanitary at all times and shall be regularly and frequently emptied, either by a rubbish and garbage collection agency recognized and approved by the Township Board of the Township, or by the occupant or owner of the premises, in properly designated areas off the premises. Such receptacles shall further be used by the occupants of the premises for all such garbage, refuse, ashes, rubbish, and other waste material not otherwise disposed of off the premises in properly designated areas.
C.
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 and which cannot be propelled under its own power for more than 14 days in any one year, unless the same is located within an enclosed building.
D.
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.
E.
Any motor vehicle being dismantled for the sale of parts therefrom or any motor vehicle which has main component parts missing or unattached shall be deemed inoperable for the purpose of this chapter. The foregoing is not to be construed to be inclusive of all inoperable vehicles covered by this chapter, but merely descriptive of a particular class of such vehicles.
F.
This chapter shall not apply to junkyards or salvage yards which have been granted special use approval pursuant to the New Buffalo Township Zoning Ordinance.
Should any section, clause, or provision of this chapter by declared by the courts to be invalid, the same shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid.
A.
Civil fines. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a public nuisance. Any person or other entity who violates any of the provisions of this chapter is responsible for a municipal civil infraction as defined by Michigan law and is subject to payment of a civil fine in an amount as established from time to time by resolution of the Township Board. Check with the Municipal Ordinance Violations Bureau for the Schedule of Civil Fines and Costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Any person found responsible for blight shall eliminate such blight and shall be liable for the cost of elimination of the blight. If such blight is not eliminated by the responsible party, the Township may cause such blight to be eliminated and bill the cost, including all expenses, court costs and attorney fees, to the responsible party. Such costs, if not voluntarily paid for by the responsible party, shall be assessed against the property on the next tax roll.
C.
Violator included. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation, shall be considered to be a violator and each such person may be charged and found responsible for a separate civil infraction and suffer the sanctions herein provided.
D.
Separate violations. Each day a violation of this chapter continues to exist constitutes a separate violation.
E.
Additional remedies. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter, including, but not limited to, injunctive relief.
This chapter shall take effect 30 days following publication thereof as provided by law. All ordinances or parts of ordinances in conflict with any provision of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.