For the purpose of this chapter, the following
terms shall have the meanings indicated:
NUISANCE
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. It also includes
the doing of any act or admitting to perform a duty or the permitting
of any condition which injures or endangers the comfort, repose, health
or safety of others, is offensive to the senses, or essentially interferes
with the comfortable enjoyment of life and property.
The maintaining, using, placing, depositing,
leaving or permitting to be or remain on any public or private property
of any of the following terms, conditions or actions, are hereby declared
to be and constitute a nuisance; provided, however, this enumeration
shall not be deemed or construed to be conclusive, limiting or restrictive:
A. Junk, trash, debris, scrap metal, litter, barrels,
wooden pallets, and yard waste. Composting of yard waste is allowed
in the rear yard provided the material is turned sufficiently to eliminate
all disagreeable or obnoxious odors and stenches. The composting must
be screened to minimize visual impact to adjacent neighbors. The composting
must be done in a way that does not create unsanitary conditions that
are a menace to the health of people residing in the vicinity thereof.
B. Abandoned, discarded or unused objects or equipment,
such as automobiles, furniture, stoves, refrigerators, freezers, cans,
or containers.
C. Any condition which provides harborage for rats, mice,
snakes, and other vermin.
D. Any building or other structure which is in such a
dilapidated condition that it is unfit for human habitation, or kept
in such an unsanitary condition that it is a menace to the health
of people residing in the vicinity thereof, or presents a more than
ordinarily dangerous fire hazard in the vicinity where it is located.
E. All unnecessary noises and annoying vibrations.
F. All disagreeable or obnoxious odors and stenches as
well as the conditions, substances or other causes which give rise
to the emission or generation of such odors and stenches.
G. Dense smoke, noxious fumes, gas or soot in unreasonable
quantities.
H. Any partially dismantled, wrecked, junked, stripped,
or otherwise nonoperating motor vehicle.
I. A motor vehicle of any type in a residential district
which is undergoing major overhaul including body work, unless such
work is performed inside a structure or similarly enclosed area designed
and approved for such purposes. Such work is allowed only on vehicles
owned by the property owner.
The maintaining or storage of automobiles, vehicles,
trailers, machinery, implements, firewood, brush or any other personal
property on any right-of-way which abuts any highway, street or road
in the Township of Grosse Ile is declared to be a nuisance.
It shall be unlawful for any person owning,
leasing, occupying or having charge of any premises to maintain or
keep any nuisance thereon.
[Amended 7-22-2002]
Whenever a nuisance is found to exist within
the Township or within the Township's jurisdiction, the Ordinance
Enforcement Officer or some other duly designated officer of the Township
shall give written notice to the owner, lessee, occupant, or other
person who is in control of the premises upon which such nuisance
exists.
The notice to abate a nuisance issued under
this chapter shall contain:
A. An order to abate the nuisance or to request a hearing
within a stated time with the Zoning Department.
B. The location of the nuisance.
C. A description of what constitutes a nuisance.
D. A statement of acts necessary to abate the nuisance.
E. A statement that if the nuisance is not abated as
directed and no request for hearing is made within the prescribed
time, the Township will abate such nuisance and assess the costs thereof
against such person.
The notice to abate a nuisance shall be served
by one of the following methods:
A. Personal service upon the owner, lessee, occupant
or person controlling or maintaining the nuisance.
B. Certified mail to the owner, lessee, occupant or person
maintaining the nuisance.
[Amended 7-22-2002]
Upon the failure of the person upon whom notice
to abate a nuisance was served pursuant to the provisions of this
chapter to abate the same, the Ordinance Enforcement Officer or other
duly designated officer of the Township shall proceed to abate such
nuisance and shall prepare a statement of costs incurred in the abatement
thereof.
Any and all costs incurred by the Township in
the abatement of a nuisance under the provisions of this chapter shall
constitute a lien against the property upon which such nuisance existed,
which lien shall be filed and collected as provided for by law.
[Amended 7-22-2002]
Penalties for violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, §
1-3. The provisions of Chapter
1, Article
II, Municipal Civil Infractions, also apply to violations of this chapter. Said imposition of penalties does not prevent the Township from abating the nuisance itself and assessing the costs against the person responsible for said nuisance.