ARTICLE II. NUISANCES
DIVISION 1. GENERALLY
58-36 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means the administrator of the building and safety engineering division.
Public nuisances means those things, acts, or uses of property which annoy, injure or endanger the safety, health, comfort or repose of the public, or in any way render the public insecure in life or in the use of their property. “Nuisance” shall be held to embrace public nuisances as known at common law or in equity jurisprudence. Whatever is dangerous to human life, detrimental to health or makes the free and unrestricted use of a person’s property undesirable or whatever renders the air or human food or drink unwholesome are all nuisances and as such are declared illegal.
(Code 1985, § 13-36)
Cross reference—Definitions generally, § 1-2.
58-37 Nuisance conditions enumerated.
Each of the following listed conditions and circumstances is declared to be a nuisance within the meaning of this article:
(1) Whatever is dangerous or injurious to human life, health or habitation.
(2) Whatever causes or has a tendency to cause the air, food, water or other drink in any place or manner in the city to be injurious to or to endanger the health, safety, welfare or comfort of any person or of the public.
(3) Whatever building, erection, structure, cellar, or part thereof is overcrowded or not provided with adequate means of ingress or egress or for the disposal of human excreta, or for obtaining a reasonably necessary amount of clean water for use on the premises, or is unfit for human habitation, or is not sufficiently supported, ventilated, drained, cleaned or lighted.
(4) Any and all conditions, premises, buildings or structures that harbor or are conducive to the harboring or breeding of insects, vermin, rats or other rodents.
(5) All ponds of stagnant water.
(6) All cellars and foundations of and excavations for houses, the bottoms of which contain stagnant or putrid water.
(7) All dead and petrified animals or rubbish lying about the roadways, lanes, streets, alleys, vacant lots, or yards, or upon the surface of the ground, or not buried in the ground a sufficient depth.
(8) All methods of human excreta disposal except toilets or water closets properly maintained and connected with a sanitary sewer or septic tank or privies which have been constructed and are being maintained in accordance with law and the ordinances of the city and which are screened against flies and which are maintained in compliance with health measures, or other disposal system authorized by and maintained in accordance with the provisions of law and city ordinance.
(9) All choked or clogged sewers and house drains.
(10) All slaughterhouses except those licensed under the ordinances of the city.
(11) All unreasonable accumulations of garbage, ashes or refuse.
(12) All pig pens and stables, and all wells, cisterns and reservoirs from which water for drinking or other domestic purposes may be obtained which are not constructed or maintained in accordance with the provisions of city ordinances or of the plumbing code and which show pollution.
(13) The storing, depositing or dumping of so-called foundry sand, after its use in any foundry, ash residue or similar substance upon any vacant lot or property with a dwelling or building, unless such foundry sand is covered with adequate stable soil, all of which to be approved by the health officer as to quantity and type of soil covering.
(Code 1985, § 13-36)
58-38 Public nuisance dust condition; abatement procedure.
(a) On any parking area adjacent to or operated in conjunction with a commercial business and used for automobile parking, public nuisance dust conditions may be abated in the manner provided in this section.
(b) When the dust conditions on any parking area as described in subsection (a) become a public nuisance as determined by the mayor, such nuisance shall be abated by the following procedure:
(1) The mayor shall cause notice to be given, by certified mail or personal service, of such dust nuisance to the owner and shall request abatement of the nuisance.
(2) If the owner, after service of such notice, fails or neglects to comply with the notice, the mayor shall cause an adequate dust control layer to be applied to the parking area or lot which is the source of such nuisance. Additional applications may be applied to control the nuisance if, in the opinion of the mayor, such applications are necessary.
(3) The cost of such work, if not paid after demand, shall be referred to the council by the mayor. The council shall institute special assessment proceedings in accordance with the Charter.
(Code 1985, § 13-37)
58-39 Keeping animals; sanitary conditions.
No person shall maintain or permit to be maintained an unclean building, yard or premises. All manure and excreta shall be removed and disposed of in such manner so as to prevent the breeding or harboring of insects and vermin. All yards where animals are kept shall be well drained, maintained in a sanitary condition, and treated so as to effectively prevent the breeding or harboring of flies, mosquitoes or rodents.
(Code 1985, § 13-38)
58-40 Correction or condemnation of nuisances; procedures.
(a) The administrator, if satisfied upon examination that a building, tenement, room or cellar in the city which is occupied as a dwelling place, or any other place where human beings reside, congregate, work or have access in, has become, by reason of its being inhabited or used, unclean or unfit for use as stated in this article, or is likely to become a public nuisance, or to be the cause of sickness to tenants, occupants, or to those who have access to the place, shall give notice in writing to such occupant or owner of the premises or post in a conspicuous location upon the entrance of such premises such notice condemning the place as being unfit for human habitation or use. He shall demand that the occupant or owner of the premises put such place in a sanitary and habitable condition within a reasonable time as stated in the notice.
(b) If the occupant or owner fails or refuses to comply with the terms of the notice provided for in this section within the time specified, the administrator may:
(1) Declare the premises a nuisance and make and file complaint against such occupant or owner or both as provided in this article;
(2) Cause the condition of the premises to be corrected at the owner’s expense; or
(3) Do whatever is reasonably necessary to abate the nuisance, at the expense of the owner.
(c) The reasonable cost and expense incurred by the administrator in repairing the premises and abating a nuisance under this article shall be determined by the administrator. The amount thus determined shall be charged to the owner of the premises involved, and shall be due and payable forthwith. A bill covering such amount shall be mailed by the finance director to the owner of such premises at his last known post office address, demanding payment of the amount due. If the amount is not paid to the city on or before December 31 of the calendar year in which the amount became due, the amount shall be collected by court action.
(d) If the premises constituting a nuisance are vacated, the administrator may in his discretion refuse to permit and shall condemn the use of any premises for human habitation declared by him to be a nuisance. Such premises shall not again be occupied as a human habitation until they are put in a sanitary and habitable condition. The administrator shall have the power and is authorized to condemn any premises declared by him to be a nuisance which are occupied as a residence. He may order the premises vacated until repair is made or the conditions corrected to make such premises habitable.
(Code 1985, § 13-39)
58-41 Establishing or maintaining a nuisance; occupancy.
(a) No person shall establish, perpetuate or maintain any public nuisance on any land, lot, structure, building or premises in the city and in violation of any order of the administrator.
(b) No person shall occupy any premises, building or structure which has been condemned as a nuisance by the administrator. Such occupancy of a condemned building shall be a continuing violation of this article for each day the occupancy occurs.
(Code 1985, § 13-40)
58-42 Condemnation sign, removal.
No unauthorized person shall remove any sign or notice posted on any premises condemning the use of the premises as a human habitation or declaring the premises to be a nuisance.
(Code 1985, § 13-41)
58-43 Right of entry; credentials; warrants.
(a) The administrator shall have the right to enter private property as provided in the state housing law at any reasonable hour of the day or night for the purpose of making a sanitary or health survey of the premises, obtaining a sample of water used thereon, or collecting other data and material pertaining to public health, and enforcing the provisions of the housing law of this article.
(b) No person shall resist or attempt to prevent the administrator from carrying out the purposes set forth in this article. The administrator or his designee shall have in his possession and carry upon his person at all times while carrying out these duties, sufficient credentials identifying himself as the administrator of the city, or showing his official capacity or relationship to the city. The credentials shall include a picture of the bearer and a brief description of his appearance indicating his age, height, weight, race, complexion, color of hair and eyes, and sex. The credentials shall be exhibited by the bearer on demand to any person in charge of any premises which such administrator is about to enter.
(c) If the administrator or his designee is refused entry to any premises, he shall obtain a warrant as provided in section 1-17 of this Code.
(Code 1985, § 13-42)
58-44 Enforcement of article.
The administrator and any deputy, agents or inspectors designated by him are empowered to perform the duties and functions and are given like authority of regularly authorized and appointed police officers of the city in the enforcement of the provisions of this article.
(Code 1985, § 13-43)
58-45 Rules and regulations.
The mayor is authorized to prepare such reasonable rules and regulations which he deems necessary to carry out and enforce the provisions of this article, subject to the approval of the council.
(Code 1985, § 13-44)
58-46 Maintenance of premises; responsibilities.
All persons who own, manage, lease, rent or occupy any premises whatsoever shall be equally responsible for keeping the premises in a clean and habitable condition. They shall take all necessary precautions to prevent any public nuisance or other condition detrimental to public health from arising thereon, and particularly to take all reasonable precautions to prevent rodents and vermin, including rats, bedbugs and cockroaches, from being attracted to or existing on such premises.
(Code 1985, § 13-45)
58-47 Habitable conditions of residences; agreements.
Every building or portion thereof which will be used as a home or residence for one or more families shall be kept by the owner or the landlord in a habitable condition to prevent the premises from becoming a nuisance, in accordance with the state housing law and the standards of maintenance as provided by the ordinances of the city. The tenant or occupant may, by agreement in writing with such owner or landlord, agree to make certain repairs.
(Code 1985, § 13-46)
58-48—58-85 Reserved.
DIVISION 2. PROPERTY NUISANCES
58-86 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Owner means any person who possesses or has any legal and/or equitable interest in the property in question.
Property means any structure, house, building, premises or any part thereof.
(Ord. No. 1983, § C, 1-21-92)
Cross reference—Definitions generally, § 1-2.
58-87 Abatement of nuisance; procedure.
(a) If any dwelling, building, structure or lot is maintained as a nuisance or if any nuisance exists on a lot, dwelling or building, the administrator shall order the abatement of such nuisance by written notice served upon the owner or the person causing the nuisance. The notice shall prescribe the time when the nuisance shall be abated.
(b) Upon failure to abate such nuisance, the administrator may apply to a court of competent jurisdiction or to any judge thereof for an order or judgment granting the relief for which the action or proceeding is brought or for an order enjoining all persons from doing or maintaining the nuisance. The administrator in the complaint may also apply to the court or any judge thereof for an order authorizing him to execute and carry out the provisions of the notice, to remove any violation specified in the notice or to abate any nuisance in or about the dwelling, building or structure or the lot upon which it is situated or upon any vacant lot where a nuisance exists.
(Code 1985, § 13-47)
58-88 Use of controlled substances, abatement procedure.
(a) Findings with respect to drug use. The city determines that whenever the repeated use, sale, furnishings, giving or possession of controlled substances or drug paraphernalia occurs on any property, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property, and the peace and quiet of residents living in the neighborhood surrounding the property are disturbed, thereby creating a public nuisance.
(b) Declaration of nuisance; notice and hearing.
(1) Whenever the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, the city council may declare by resolution, after notice to the owner, public hearing, and recommendation from the public safety subcommittee, that the property is a public nuisance.
(2) Notice of the public hearing shall be made to the owner and shall consist of personal service or mailing of a certified letter to the taxpayer of record, as indicated at the building safety division in the case of a rental unit, or the city assessor’s office in the case of an owner-occupied dwelling, and the receipt by the city of a return receipt card indicating the owner’s having received such notice. Such notice to the owner shall occur at least seven calendar days prior to the date of the public hearing.
(c) Abatement of nuisance; costs. If the city council determines that a property is a public nuisance under this section, it may, by resolution, in addition to any other remedies available to the city at law or in equity:
(1) Authorize the police department to prohibit the occupancy of the property by either padlocking a portion of the property or boarding the property up, whichever is appropriate, for a period of up to one year from the date the council adopts such resolution; and/or
(2) Determine that the owner shall be liable for the full cost of any personnel (including police and code compliance officers) involved in each raid subsequent to the first raid, and the full cost of any city personnel and materials involved in the board-up or padlocking of such property and assess those costs against such property.
(d) Persuasive presumption of public nuisance. A property shall be presumed to constitute a public nuisance under this article if:
(1) The property has been raided by the police and controlled substances and/or drug paraphernalia have been found by the police; and
(2) A letter informing the owner that controlled substances and/or drug paraphernalia have been found by the police at the property, and of the potential consequences if a similar activity occurs at the property, has been:
a. Personally served on the owner;
b. Sent by certified mail to the taxpayer of record, as indicated at the building safety division in the case of a rental dwelling, and a return receipt card has been received by the city; or
c. Sent by certified mail to the taxpayer of record, as indicated in the city assessor’s office in the case of an owner-occupied dwelling, and a return receipt card has been received by the city; and
(3) The same property is raided by the police again within six months from the date of the first raid and controlled substances and/or drug paraphernalia are found in the raid by the police.
(Ord. No. 1983, §§ D—G, 1-21-92)
58-89 Prostitution; abatement procedure.
(a) Findings with respect to prostitution. The city determines that whenever persons are repeatedly admitted onto a property for the purpose of prostitution, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property, and the peace and quiet of residents living in the neighborhood surrounding the property are disturbed, thereby creating a public nuisance.
(b) Admitting for purpose of prostitution; public nuisance; notice and hearing.
(1) Whenever a person is admitted onto a property for the purpose of prostitution, the city council may declare by resolution that the property, after notice to the owner and a public hearing, is a public nuisance.
(2) Notice of the public hearing shall be made to the owner and shall consist of personal service or the mailing of a certified letter to the taxpayer of record, as indicated at the building safety division in the case of a rental unit, or the city assessor’s office in the case of an owner-occupied dwelling, and the receipt by the city of a return receipt card indicating the owner’s having received such notice. Such notice to the owner shall occur at least seven calendar days prior to the date of the public hearing.
(c) Abatement of nuisance; costs. If the city council determines that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the city at law or in equity, authorize the police department to prohibit the occupancy of the property by padlocking a portion of the property or boarding the property up, whichever is appropriate, for a period of up to one year from the date the council adopts the resolution.
(d) Persuasive presumption of public nuisance. It shall be a persuasive presumption that a property is a public nuisance if:
(1) A person has been admitted onto the property for the purpose of prostitution and has been arrested;
(2) A letter informing the owner that a person has been admitted on the property for the purpose of prostitution and has been arrested by the police, and of the potential consequences if a similar activity continues to occur on the property, has been:
a. Either personally served on the owner;
b. Sent by certified mail to the taxpayer of record, as indicated at the building safety division in the case of a rental unit, and a return receipt card has been received by the city; or
c. Sent by certified mail to the taxpayer of record, as indicated in the city assessor’s office in the case of an owner-occupied dwelling, and a return receipt card has been received by the city; and
(3) A person has been admitted onto the same property for the purpose of prostitution and has been arrested within six months from the date of the first arrest.
(Ord. No. 1983, §§ H—K, 1-21-92)
58-90 Appeal.
(a) An owner aggrieved by any final decision or order of the council under section 58-88(c) or section 58-89(c) may appeal the decision or order to the circuit court within ten days from the date of the decision.
(b) The circuit court shall review the council’s decision to determine whether an error of law, fraud or abuse of discretion exists.
(Ord. No. 1983, § L, 1-21-92)
58-91 Receiving or admitting persons to drug houses.
No person shall receive or admit, or offer to receive or admit, any person into any place, structure, house, building or vehicle for the purpose of buying, selling, giving away or using any controlled substance defined under state law, or knowingly permit any person to remain in any such place for any such purpose.
(Ord. No. 1983, § M, 1-21-92)
58-92 Loitering in places where controlled substances or drug paraphernalia are sold or used.
(a) No person shall knowingly loiter about any building, house, vacant lot, street, curb, lawn, alley, yard, apartment, store, automobile, boat, boathouse, airplane or other place where controlled substances are illegally sold, used, dispensed, furnished, given away or stored.
(b) As used in this section:
(1) “Controlled substance” shall be defined as it is in the Controlled Substances Act, MCL 333.7101 et seq., MSA 14.15(7101) et seq., as amended.
(2) “Drug paraphernalia” means any item as defined in section 86-117
(Ord. No. 1983, § N, 1-21-92)
58-93 Frequenting places where controlled substances are maintained, stored or used.
No person shall knowingly attend, frequent, operate or be an occupant of any place, including a structure, house, building, premises or vehicle, where any maintaining or storing, buying, selling, giving away, trading or using of any controlled substance, as defined and prohibited by federal, state or local law, occurs.
(Ord. No. 1983, § O, 1-21-92)
58-94 Penalty for violation of section 58-92.
Whoever violates section 58-92 shall be subject to the following penalties:
(1) For a first violation, a fine of not less than $175.00 nor more than $500.00 and/or imprisonment for not less than seven days nor more than 90 days;
(2) For a second violation, a fine of not less than $300.00 nor more than $500.00 and/or imprisonment for not less than 30 days nor more than 90 days; and
(3) For a third or subsequent violation, a fine of not less than $400.00 nor more than $500.00 and/or imprisonment for not less than 60 days nor more than 90 days, plus costs of prosecution.
(Ord. No. 1983, § P(13-47), 1-21-92)
58-95 Liability for nuisance.
The owner of any dwelling, building or structure upon the same lot with a dwelling or the owner of any lot either improved or unimproved where a nuisance exists shall be responsible for any violation of this article. Any person who violates or assists in violating any provision of this article shall also jointly and severally for each such violation of each such nuisance be subject to the penalty for violation of this article.
(Code 1985, § 13-48)