ORDINANCE NO. 1024A BLIGHT. 1024A-01. Scope The provisions of this ordinance shall apply to all properties within the Village.

Transcription

1 ORDINANCE NO. 1024A BLIGHT An ordinance to prevent, reduce, or eliminate blight, blighting factors, or cause of blight within the Village of Estral Beach, Monroe County, Michigan; to provide for the enforcement thereof, and to provide penalties for the violation thereof. The Village of Estral Beach, Monroe County, hereafter referred to as the Village, hereby ordains: 1024A-01. Scope The provisions of this ordinance shall apply to all properties within the Village. 1024A-02. Purpose The purpose of this ordinance is to prevent, reduce, or eliminate blight or potential blight within the Village by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the Village. Dilapidated buildings and blight reduce the property values of surrounding homes and property, reduce community pride, and have a detrimental impact on the community in general. 1024A-03. Definitions The following words, terms and phrases, when used in this ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Junk shall include parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other material or other castoff material of any kind whether or not same could be put to any reasonable use. Owner means any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Page 1 of 7

2 Property means any unimproved or improved real property, or portion thereof, located in the Village of Estral Beach, including the buildings or structures located on the property regardless of condition. Yard means the open unoccupied spaces on the parcel extending along the entire length of front, side, and rear lot lines. Motor Vehicle shall include any self-propelled, towed, or intended to be self-propelled wheeled vehicle designed or used on the public highways to transport passengers or property as defined in Section 90 of Act 300 of the Public Acts of 1949, as amended, being Section of the Michigan Compiled Laws, which is required to be registered for use upon the public streets and highways of this State under Act 300. Inoperable Motor Vehicle and/or Motorized/Recreational Vehicle shall include any Motor Vehicle which, by reason of dismantling, disrepair, or any other cause whatsoever: a) Is incapable of being propelled under its own power; b) Lacks all of the necessary component parts to make it operable and serviceable as a Motor Vehicle; or c) Does not display or have affixed to it a current license plate or tags as required by the State for the purpose of operating such a Motor Vehicle upon public roads or streets. d) Is not registered to an owner or lawful occupant of the property. Vehicles not registered to the owner or lawful occupant of the property will be considered an inoperable motor vehicle and/or motorized/recreational vehicle under this Ordinance. 1024A-04. Causes of Blight or Blighting Factors It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors, which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On and after the effective date of this ordinance, no person, firm, or corporation of any kind, shall maintain or permit to be maintained, any of these causes of blight or blighting factors upon any premises in the Village, owned, leased, rented or occupied by such person, firm or corporation. a) The storage of any junk automobile, except in a completely enclosed building, or in an area screened by natural objects, plantings, fences, or grade of the land and as not to be visible from the public roadway or adjoining property dwellings. Any vehicle considered an environmental hazard due to leakage of oil, fuel, antifreeze, etc., or containing substances known to be hazardous to the public s health and safety (e.g., mercury, asbestos, etc.) will require immediate repair or removal from the Village, and remediation of the contaminated area in compliance with Federal and State regulations. Also refer to ordinance 1051, Adoption of the 2015 International Property Maintenance Code, as amended. There shall be permitted the storage of no more than one (1) unlicensed private passenger automobile as long as it is in the process of being sold, actively repaired, or is a classic. Page 2 of 7

3 b) The outdoor storage upon any premises of building materials, unless a valid permit has been issued by the Building Official not more than one year previously for construction upon said premises, and said materials are intended for use in connection with such construction. Building materials shall include 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 structure. Provided that outdoor storage of building materials of which is not in violation of applicable zoning or safety regulations is permitted if said materials are kept out of view of the public and abutting premises. Provided further, that all construction debris shall be removed from any premises within thirty (30) days after occupancy thereof. c) The storage or accumulation of junk, trash, rubbish of any kind, except domestic refuse stored in such a manner as not to create a nuisance. d) The existence of any partially completed structure unless such structure is in the course of construction in accordance with a valid and subsisting building permit issue by the Building Official, and unless exterior construction is completed one year after issuance, as provided for in ordinance 1031, as amended. e) The existence of any Dangerous Building as provided for in ordinance 1036, as amended. f) The storage upon any property of more than one (1) unregistered boat or any inoperable or deteriorated boats and/or motorized/recreational vehicles including but not limited to, campers, jet skis, ATV s, dirt bikes, motorcycles, go karts, snowmobiles, mopeds, golf carts, boat trailers and/or travel trailers, except in a completely enclosed building; 1024A-05. Screening The option to screen prospective blight is not to be construed as Village approval to collect and maintain blight, but is an option for allowing the limited and temporary storage on a property where full enclosure is not practical or causes an undue hardship to the property owner. Nor is screening to be used to hide trash, refuse, or hazardous materials, or other materials that could shelter varmints, or create conditions that may negatively impact the health and safety of immediate neighbors or the Village as a whole. All domestic refuse generated by a person shall be disposed of frequently enough to protect the public health. The accumulation of trash, refuse, and junk which causes or creates a health hazard, as determined by the Monroe County Health Department, shall not be permitted. There shall either be a solid fence of six feet in height and maintained in good repair and painted, or a natural visual barrier (e.g., pine trees). 1024A-06. Firewood Wood or wood products usually used or intended to be used as property owner s personal firewood in a residence or any accessory structure shall be permitted provided it is elevated above the ground, neatly stacked, and not an eyesore as seen from the public roadway or adjoining property. Page 3 of 7

4 1024A-07. Landscaping Materials The temporary storage of landscaping materials such as dirt or clay piles, gravel or piles, or other similar materials on private property shall be screened as discussed in section 1024A-05 above, and meet the requirements of 1041A-4(3) for stockpiling. 1024A-08. Complaints All complaints from the public regarding alleged violations of this Ordinance must be signed and submitted in writing to the enforcement officer, who will investigate such violations and take action as provided for within this Ordinance. 1024A-09. Additional Authority The Village President, Village Council, or designee (e.g., Building Official) shall have the authority to require the owner to implement additional measures to remove or screen said blight, as may be reasonably required to prevent further decline. 1024A-10. Notification of Ordinance Violation The owner, if possible, or the occupant of any property upon which an accumulation or storage of trash, refuse, junk, junk motor vehicles, abandoned vehicles, domestic refuse, or building materials or an unsafe structure exists in violation of the provisions of this Ordinance shall be contacted by a personal visit and/or letter by the enforcement officer describing the complaint and what action is necessary to remove or eliminate such factors from the property. In all cases the notification shall be in writing. Such verbal and/or written notice shall be issued only one time in any period of 12 consecutive months to the same owner and/or the same occupant of any property for any blight or blighting factor. Subsequent violations of this article by the same owner and/or occupant of said property within a period of 12 consecutive months, or failure to correct the blighted condition within the time allotted, shall result in the issuance of an anti-blight citation without the issuance of any sixty-day notice. If after 60 days of this initial contact no action has been taken, the Village will pursue through criminal and/or civil proceedings with any cost to bring the property into compliance being added to their property tax assessment. 1024A-11. Public Nuisance The imposition of the penalties and remedies herein prescribed shall not preclude the Village of Estral Beach from instituting any legal action to restrain, correct or abate a violation, or to prevent or stop an illegal act, conduct, business, or utilization of a building, structure, or premises. Any finding or plea of responsible or responsible with explanation to a violation of this Ordinance shall constitute a finding that the premises is a public nuisance per se and a danger to the public health, safety, and general welfare of the residents and property owners of the Village of Estral Beach. Page 4 of 7

5 1024A-12. Nuisance Abatement If any property has been found to be a public nuisance under this Ordinance, through a plea or finding of responsible or responsible with explanation to an infraction under this Ordinance, and said nuisance has not been corrected within sixty (60) days of said finding or plea, the Village of Estral Beach Council or Village President, or the Council s designee, shall have the right of entry onto such property to abate said nuisance and may physically abate such nuisance. A violation of any provision of this Ordinance is hereby declared to be a nuisance. The Village may petition the court of competent jurisdiction for an order to abate such a nuisance, and/or for an order authorizing the Village to bring about rehabilitation of the blighted areas and to take any and all other appropriate action for prevention, reduction or elimination of the blight, blighting factors or causes of blight. Furthermore, the Village shall be entitled to recover any and all costs, attorney fees or other public expenditures incurred as a result of its efforts to obtain a court order to abate such nuisance, and/or incurred to rehabilitate, prevent, reduce or eliminate the blight, blighting factors or causes of blight. The Village shall be entitled to obtain a money judgment for the payment or repayment of said costs, attorney fees, or other public expenditures, or may add them to the taxes for the property. To add them to the taxes, the owner of the property shall be notified by first class mail of the costs, attorney fees, and expenses. If the owner fails to pay within thirty (30) days, the assessor shall add the same to the next tax roll of the Village of Estral Beach and the same shall be collected in the same manner and in all respects as provided by law for the collection of taxes and enforcement of tax liens. 1024A-13. Penalties Any owner of any property that fails to remove said blight in a reasonable time frame of sixty (60) days from the time of issuance of the citation shall be guilty of a civil infraction and assessed a fine in the amount of $100. If extenuating circumstances exist which prevent removal of said blight within the sixty (60) days, a one-time sixty (60) day extension may be granted by a majority vote of the Village Council. Only one extension shall be allowed for the first citation. Failure to remove said blight within the time which will result in a second fine of $250. Failure to remove said blight after passage of an additional sixty (60) days shall be guilty of a misdemeanor punishable by a $500 fine or 90 days in jail, or both, at the discretion of the court. 1024A-14. Appeals Any person aggrieved by any of the requirements of this ordinance may appeal a blight determination made hereunder to the Village Council. Page 5 of 7

6 1024A-15. Saving Clause Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. 1024A-16. Conflicting Ordinances All prior existing ordinances adopted by the Village of Estral Beach inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, herby expressly repealed. 1024A-17. Severability Should any word, sentence, phrase, or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction, or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase, or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases, or portions of this Ordinance. 1024A-18. Effective Date This ordinance shall be in full effect thirty (30) days after publication thereof. Page 6 of 7

7 Moved by Trustee: """'Je=s=si=c=a-=-An=g=li=n' to adopt Ordinance 1024A Supported by Trustee: _D_e_b_by,. D_ar_e Roll Call: Ayes: Jessica Anglin, Debby Dare, Adam Younglove, Greg Knierim, Jim Wiegand, Jennifer Metcalf Nays: Absent: None Adopted: December 5, 2017 Published: December 11, 2017 Certification: I Carol A. Vandercook, duly elected Clerk of the Village of Estral beach, County of Monroe, State of Michigan, do hereby attest and affirm the Ordinance is a true copy of the Ordinance Adopted by the Village of Estral Beach Council at the Regular Meeting held on December 5, Carol A. Vandercook, Clerk- Village of Estral Beach AFFIDAVIT OF PUBLICATION STATE OF MICHIGAN COUNTY OF MONROE SS "PA!oi>uBuc NOTICE VILLAGE OF ESTRAl. BEACH ORDINANCES rov~:~n= 8f&~d~g~ 1041A Grading, ond 1055 Vacant Property ot the 11n/17 or rogulor meeting ond are published aa ~:IJ~~~~.::r~~~~=:~~ be viewed in their entirety at ~:Jfn~~~~Je\c~~:f hvlllaga.org/ DECEMBER 11, 2017 Jay Hollon being first duly sworn, says that he is the Controller of The Monroe News, a newspaper published in the English language for the dissemination of local or transmitted news and intelligence of a general character and legal news and which is a duly qualified newspaper, published and circulated in the County of Monroe. The annexed notice is a printed copy contained in said newspaper, and has been duly published in said newspaper for~ insertions, and that the first publication thereof was on the ~ day of December A.O and the last publication thereof was on the 11th day of December AD Sworn to and subscribed bj;:;,is~of necomh" A.O Page 7 of7