Article 16-2 . ANTI-BLIGHT

ARTICLE II. ANTI-BLIGHT

16-19. Purpose.

Blight, potential blight, certain environmental causes of blight or blighting factors which exist or may in the future exist shall be prevented, reduced or eliminated, consistent with the public policy expressed by Public Act No. 344 of 1945 (MCL 125.71 et seq.).

(Code 1987, § 8-04.01)

16-20. 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:

Building materials means and includes, 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 structures.

Junk means and includes, but shall not be limited to, parts of motor vehicles, unused household appliances, scrap metal or any other used materials of any kind.

Junk motor vehicles means and includes any motor vehicle which is not licensed for use upon the highways of the state, or which is inoperative.

Structure means and includes house trailers or any mobile living unit in the conditions described below in section 16-21(7).

(Code 1987, § 8-04.02)

16-21. Restrictions.

On and after the effective date of the ordinance from which this article is derived, no person, firm or corporation of any kind shall maintain or permit to be maintained the following uses, structures and activities upon any leased, owned or occupied property, since they are causes of blight or blighting factors which if allowed to exist will tend to result in blighted and undesirable neighborhoods, unless such uses, structures and activities are otherwise allowed by township ordinance code provisions:

(1) The storage upon any property of junk motor vehicle which is not in a completely enclosed building is prohibited.

(2) The abandonment or placement of any vehicle on private property for a period of 24 continuous hours or more after consent has been revoked.

(3) The storage upon any property of building materials unless there is in force a valid building permit issued by the township for construction upon said property and said materials are intended for use in connection with such construction. Materials used in constructing any structure not requiring a permit shall be stored in a neat and orderly pile out of public view from the roadway and shall be used for such construction within one year or otherwise removed or stored in a completely enclosed building.

(4) The storage or accumulation of junk, trash, rubbish or refuse of any kind without a landfill permit is illegal, except domestic refuse stored for a period not to exceed 15 days in an enclosed container, building or structure in such manner so as not to create a nuisance.

(5) Machinery and/or equipment for outdoor use, which is in good working order, must be housed or stored in an orderly manner that is out of public view, if possible, and does not violate any other township ordinance code provision or state law. Notwithstanding the above, however, operative machinery that is in current use on the premises in relationship to a farming or construction activity is exempt from the provisions of this subsection.

(6) The existence of a vacant dwelling, garage or other outbuilding, unless such building is kept securely locked, the windows are kept glazed or neatly boarded up, and the vacant building is otherwise protected to prevent casual entry thereto by unauthorized persons.

(7) The existence of any structure or part of any structure which, because of fire, wind or other natural disaster, or physical deterioration is no longer habitable or is a dangerous structure or building as defined under Public Act No. 61 of 1969 (MCL 125.538 et seq.), the purpose thereby being to avoid injury to children and others attracted to such structures or mobile living units, the devaluation of property values, and the psychological ill effect of the presence of such structures upon adjoining residents and property owners.

(8) The existence of any partially completed structure unless such structure is in the course of construction in accordance with a valid and existing building permit issued by the township and unless such construction is completed within a reasonable time.

(Code 1987, § 8-04.03)

16-22. Enforcement authority.

This article shall be enforced by such persons who shall be so designated by the township board.

(Code 1987, § 8-04.04)

16-23. Violations.

(a) Notification. The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in this article is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within ten days after service of the notice upon him. Such notice may be personally delivered or by certified mail, return receipt requested.

(b) Granting of additional time. Additional time may be granted by the enforcement officer where bonafide efforts to remove or eliminate such causes of blight or blighting facts are in progress.

(c) Failure to comply. Failure to comply with such notice within time allowed by the owner and/or occupant shall constitute a violation of this article.

(d) Violation of a municipal civil infraction. A violation of this article is deemed to be a municipal civil infraction pursuant to MCL 42.21, and any person or entity violating this article is responsible for a municipal civil infraction and subject to the fines and costs to be levied in accordance with the schedule of municipal civil infraction lines determined by the township board, as amended from time to time, and which shall be posted at the Municipal Ordinance Violations Bureau located at the Port Huron Township Hall, 3800 Lapeer Rd., Port Huron, MI.

(e) Additional costs. A violator of this article shall be subject to such additional civil fines, costs, damages, expenses or judicial orders as may be authorized under MCL 600.8727.

(f) Each day a separate violation. Each day a violation of this article continues to exist constitutes a separate violation.