[Adopted 7-14-2001 by Ord. No. 98]
For the purpose of this article, the following
terms are defined as set forth below:
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of the property has been revoked.
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.
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.
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.
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.
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.
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.
Includes, without limitation, any wheeled vehicle, which
is self-propelled, or intended to be self-propelled.
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.
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 to throw or place ashes,
paper, garbage, trash or rubbish of any kind in the streets of the
Village of Bellevue.
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.
