[Adopted 8-2-2004 by Ord. No. 106; amended
in its entirety 4-20-2020]
The title of this article shall be known as "Blight Elimination
Ordinance."
Consistent with the letter and spirit of Public Act 344 of 1945,
as amended, it is the purpose of this article to prevent, reduce or
eliminate blight or potential blight in the Charter Township of Blackman
by the prevention or elimination of certain environmental causes of
blight or blighting factors which exist or which may in the future
exist in said Township.
GRAFFITI
Any inscription, word, figure, design, painting, writing,
drawing or carving that is written, marked, etched, scratched, sprayed,
drawn, painted, or engraved on or otherwise affixed on a component
of any building, structure, or other facility by any graffiti implement,
visible from any public property, the public right-of-way, or from
any private property other than the property on which it exists, unless
authorized by the property owner. There shall be a rebuttable presumption
that such inscription, work, figure, painting, or other defacement
is unauthorized. This article does not refer to easily removable chalk
markings on the public sidewalks and streets. The Township finds that
graffiti, regardless of the content or nature of the material applied,
is an environmental public nuisance and destructive of the rights
and property values of the neighboring property owners, as well as
the entire community.
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
properties. On and after the effective date of this article, no person,
firm 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 the Charter Township of Blackman owned, leased, rented or occupied
by such person, firm or corporation.
A. In any area, except for authorized tow yards and junk yards, the
storage upon said property of junk automobiles or watercraft, except
in a completely enclosed building, is prohibited. For the purpose
of this article, the term "junk automobiles or watercraft" shall include
any motor vehicle or watercraft which is not licensed for use upon
the highways or waterways of the State of Michigan, and shall also
include, whether so licensed or not, any motor vehicle or watercraft
which is inoperative.
B. In any outdoor area, the storage upon any property of building materials
unless there is in force a valid building permit issued by the Charter
Township of Blackman 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. In any outdoor area, the storage or accumulation of junk, trash,
rubbish, waste (both human and animal) or refuse of any kind without
a landfill permit, except domestic refuse stored in such a manner
as not to create a nuisance for a period not to exceed seven days.
The term "junk" shall include parts of machinery or motor vehicles,
unused stoves or other appliances stored in the open, remnants of
woods, metal or any other material or other cast-off material of any
kind whether or not the same could be put to any reasonable use.
D. 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 in disrepair, if a dwelling, nor useful for any other
purpose for which it may have been intended.
E. In any area, the existence of any vacant dwelling, garage or other
out-building unless such buildings are kept securely locked, windows
kept glazed or neatly boarded up (for no longer than 60 days) and
otherwise protected to prevent entrance thereto by vandals, or other
unauthorized persons.
F. 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 six months.
G. In any area, tarps, vapor barriers or membranes may not be used as
roof, door, window or wall coverings for more than 60 days, unless
a plan with timeline is submitted to and an extension is given by
the Township Building Inspector.
H. In any area, vacant structures may temporarily be secured by boarding
up window and door openings, but not for more than 60 days in any
one-year period. If exceeding the 60 days, the materials used to board
window or door openings, shall be painted to match the primary color
of the building or structure.
I. In any area, graffiti must be removed from structures within 60 days
of being placed on the structure. This is the responsibility of the
owner, regardless of who added the graffiti or was the result of a
criminal offense. Decorative graffiti must be approved by a majority
vote of the Township Board of Trustees, prior to application on any
structure.
J. In any area, where a property owner allows exterior donation containers,
the property owner is responsible for the accumulation of donations,
which are sitting on the ground, outside of or on the container. All
donations not enclosed in the donation container must be cleaned up
and removed, within one week of being reported, of their placement
outside the container.
K. In any area, building facades, including windows, doors, glass, awnings,
siding, rails, steps, fixtures, signs, etc. shall be maintained in
sound condition and good repair so as to prevent accelerated deterioration,
infestation or safety concerns. If repairs are a result of an enforcement
action, all exterior parts that show these conditions shall be removed,
replaced or renovated and approved by the Township Building Inspector.
Storefronts with display windows that are visible by pedestrian traffic
at street level and that are vacant for more than 14 calendar days
shall provide either a window screen that obscures the view of vacant
space from pedestrians or a window display that shows merchandise
from surrounding businesses; or objects/information of general interest.