[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,[1] 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.
[1]
Editor's Note: See MCLA § 125.71 et seq.
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.
A. 
This article shall be enforced by such persons who shall be so designated by the Township Board. Any person who disobeys, neglects, or refuses to comply with any provision of this chapter or who causes, allows, or consents to any of the same shall be deemed to be responsible for the violation of this chapter. A violation of this chapter is deemed to be a nuisance per se.
B. 
The owner, if possible, and occupant of any property upon which any of the causes of blight or blighting factors set forth in § 55-6 hereof is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within seven days after service of the notice upon him. Such notice may be served personally or by first class mail. Additional time may be granted by the enforcement officer, where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.
C. 
Failure of the owner and/or occupant to comply with such notice within the time allowed shall constitute a violation of this article.
D. 
Violations of this article shall be a misdemeanor, which shall be punishable upon conviction thereof by a fine not exceeding $500 or by up to 90 days in jail, or both, in the discretion of the court.