[Adopted 7-14-2001 by Ord. No. 98]
For the purpose of this article, the following terms are defined as set forth below:
ABANDONED VEHICLE
Includes, without limitation, any vehicle which has remained on private property for a period of 48 continuous hours or more without the consent of the owner or occupant of the property, or for a period of 48 continuous hours or more after the consent of the owner or occupant of the property has been revoked.
BLIGHTED STRUCTURE
Includes, without limitation, any dwelling, garage, or outbuilding, or any factory, shop, store, office building, warehouse or any other structure or part of a structure which, because of fire, wind, other natural disaster, physical deterioration, or destruction, is no longer habitable as a dwelling, nor useful for the purpose for which it may have been intended.
BUILDING MATERIALS
Includes, without limitation, lumber, brick, 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.
DISMANTLED VEHICLE or PARTIALLY DISMANTLED MOTOR VEHICLE
Includes, without limitation, any motor vehicle from which some parts, which are ordinarily a component of such motor vehicle, have been removed or are missing.
INOPERABLE MOTOR VEHICLE
Includes, without limitation, a motor vehicle, which by reason of dismantling, lack of repair, or other cause is incapable of being propelled under its own power.
JUNK
Includes, without limitation, parts of machinery or vehicles, broken or unusable furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast-off material of any kind, whether or not the same could be put to any reasonable use.
JUNK MOTOR VEHICLE
Includes, without limitation, any vehicle that is not licensed for use upon the highways of the State of Michigan for a period in excess of 30 days, any dismantled motor vehicle, any partially dismantled motor vehicle, or any inoperable motor vehicle.
MOTOR VEHICLE
Includes, without limitation, any wheeled vehicle, which is self-propelled, or intended to be self-propelled.
PERSON
Includes all natural persons, firms, copartnerships, corporations, and all associations of natural persons, incorporated or unincorporated, whether acting by themselves, or by a servant, agent or employee. All persons who violate any of the provisions of this article, whether as owner, occupant, lessee, agent, servant, or employee, shall, except as herein otherwise provided, be equally liable as principals.
TRASH AND RUBBISH
Includes any and all forms of debris not herein otherwise classified.
It is hereby determined that the storage or accumulation of trash, rubbish, junk, junk vehicles, abandoned vehicles, building materials, and the maintenance of blighted structures upon any private property within the Village of Bellevue tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, the increase in criminal activity, and therefore is contrary to the public peace, safety and general welfare of the community.
It shall be unlawful for any person to store or to permit the storage or accumulation of trash, rubbish, junk, junk motor vehicles or abandoned vehicles on any private property in the Village except within a completely enclosed building or upon the premises of a properly zoned and licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand goods or junk gatherer; however, any bona fide owner or occupant of any parcel of land may store on the parcel one such junk motor vehicle for a period of not to exceed 48 hours if such vehicle is registered and licensed in his name.
It shall be unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store, or warehouse unless the same is kept securely locked, the windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by unauthorized persons or unless such structure is in the course of construction in accordance with a valid building permit issued by the County of Eaton, State of Michigan, and unless such construction is completed within a reasonable time.
It shall be unlawful for any person to store or permit the storage or accumulation of building materials on any private property, except in a completely enclosed building or except where such building materials are part of the stock-in-trade or business located on said property, or except when such materials are being used in the construction of a structure on the property in accordance with a valid building permit and unless such construction is completed within a reasonable time.
A. 
Owner removal; notice. The owner or occupant of any property upon which is stored or placed a junk motor vehicle or any parts of a motor vehicle, shall be notified in writing by the Village to remove the same from such property within seven days after service of notice. Such notice may be personally served or may be served by mailing the notice by certified mail, return receipt requested, to the last known address of the owner and, if the premises are occupied, to the premises, or by affixing a written notice to the motor vehicle or vehicle parts. A time extension not exceeding 14 additional days may be granted by the Village upon the showing of a hardship, which hardship can be eliminated by the granting of such a time extension.
B. 
Village removal; notice. The Village President, Clerk or any police officer of the Village of Bellevue may remove or cause to be removed any junk motor vehicle or abandoned vehicle, or parts of either, from any unenclosed private property after having notified, in writing, the owner or occupant of such property of his intention to do so at least 48 hours prior to such removal. Such notice shall be served personally upon the owner or occupant of property, if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. Such junk motor vehicles or abandoned vehicles, or parts of either, shall be removed and disposed of in accordance with the law. Such removal by the designated enforcement official shall not excuse or relieve any person of the obligation imposed by this article to keep his property free from storage or accumulation of junk motor vehicles or abandoned vehicles, or parts of either, nor from the penalties for violation thereof.
Upon removal of any junk motor vehicle or abandoned vehicle, or parts of either, from unenclosed private property by an authorized enforcement official of the Village pursuant to the provisions of § 109-6 of this article, said enforcement official shall file a statement of costs incurred in such removal by affidavit with the Clerk of the Village. Upon receipt of said affidavit of costs, the Village Clerk shall place the same on file and serve a copy thereof upon the owner or occupant of the property or if unoccupied upon the owner as appears on the records of the Register of Deeds office. Said notice shall be served by delivering a copy of the same personally upon the owner or occupant or if the land is unoccupied by certified mail. The notice shall state that if payment in full of the costs contained therein are not made within 30 days of the date of the notice, which notice shall be dated as of the date of personal service or date of mailing, the Village Clerk shall certify the costs as delinquent and submit said costs to the Treasurer of the Village setting forth the name of the owners of the property, if known, and a description of the property from which the vehicles or parts thereof were removed. The Treasurer shall place the costs upon the assessment roll charged to the property described, and the costs shall be collected in the same manner as provided by the statutes for the collection of Village taxes.
It shall be unlawful for any person to store, keep or maintain containers used for the storage or collection of rubbish, trash or garbage in open view from any public road or street unless such containers remain covered and are not allowed to overflow. Such rubbish, trash or garbage containers may not be stored, kept, or maintained within five feet of any public road, street or right-of-way except when necessary for the purposes of emptying and removal of trash, rubbish, or garbage by a governmental or commercial collection agency. In such instances, all rubbish, trash or garbage containers may be placed in the road right-of-way no more than 24 hours before pickup and shall be removed from the road right-of-way within 24 hours of being emptied.
A violation of this article is a municipal civil infraction. The penalty for a violation that is a municipal civil infraction shall be a civil fine in an amount set by resolution of the Village Council from time to time.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).