Chapter 151 Property Maintenance Nuisances ARTICLE 8. PROPERTY MAINTENANCE NUISANCES Sec 9.1. Statement of Findings and Purpose. Sec 9.2. General Definition of Nuisances. Sec 9.3. Abatement of Nuisances. Sec 9.4. Remedies Severable. Sec 9.6. Code enforcement and Abatement-related Costs. Sec 9.7-9.10 Reserved. Sec 9.107. Definitions. Sec. 9.108. - Nuisances Prohibited on Public and Private Property. Sec. 9.109. - Abatement of Property Maintenance Nuisances. Sec. 9.110. - Standards for Abatement of Structural Nuisances. Sec. 9.111. - Notice To Abate. Sec. 9.112. - Authorization for City Abatement. Sec. 9.113. Code enforcement actions; Additional Abatement Notices and Actions and Administrative Fees. Sec. 9.114. - Charge to Owner. Sec. 9.115. - Penalties. Secs. 9.116 9.130 Reserved. Adopted Nuisance Code Page 1 10-2011
Chapter 151 Property Maintenance Nuisances AN ORDINANCE TO AMEND IN ITS ENTIRETY ARTICLE 8, CHAPTER 151 OF TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED PROPERTY MAINTENANCE NUISANCES, AND REPEAL ARTICLES 9, 10, AND 11 THEREOF ORDINANCE 2011 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Sections 9.1 to 9.10 of Article 8 of Chapter 151 of Title IX of the Code of the City of Grand Rapids be amended to read as follows: ARTICLE 8. PROPERTY MAINTENANCE NUISANCES Sec 9.1. Statement of Findings and Purpose. The existence of public nuisances as defined in this Chapter, and elsewhere in the Code, on private or public property, is found to create conditions tending to reduce the value of private property, to promote blight and deterioration, to invite illegal activities, to create fire hazards, to create hazards to the health and safety of minors, to create harborage for vermin and pests and to be injurious to the public health, safety and general welfare. Therefore, the presence of a public nuisance on private or public property is declared to be contrary to the public good and shall be subject to notices, orders or other Code enforcement actions to abate, and in the absence of compliance with such Code enforcement actions, to abatement by the City or a City contractor or vendor. The City also finds that abatement-related and Code enforcement actions or abatement by the City may not be adequate to deal with the problem and shall not preclude other legal or administrative actions as deemed necessary or advisable by the City. The City further finds that there is a need to recover Code enforcement and public nuisance abatement-related costs incurred by the City in public nuisance abatement whether the public nuisance is abated by the City, a City vendor or contractor, or by some other person. It is the purpose of this Chapter to provide for the lawful and cost-effective abatement of public nuisances as promptly as possible. Sec 9.2. General Definition of Nuisances. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway or any body of water; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter and shall include any provision of this Code declared in this Code to be a nuisance. No person shall commit, permit, create or maintain a public nuisance. Adopted Nuisance Code Page 2 10-2011
Sec 9.3. Abatement of Nuisances. Where no other procedure is made specifically applicable by another provision of this Code, any property, structure, condition or activity prohibited by this Chapter, or declared a public nuisance elsewhere in this Code, may be abated by the City Manager, acting in the capacity of Director of Public Welfare, or the City Manager s designee, in accordance with the procedure set out in this Chapter. The City Manager shall first investigate, or cause to be investigated, the existence of the alleged public nuisance to determine whether or not a public nuisance as defined in Section 9.1, or elsewhere in this Code, exists and to further determine the person who has created, is committing, is permitting or is maintaining that public nuisance. The City Manager, or the City Manager s designee, shall then give written notice to the person or persons responsible for the creation, commission, permitting or maintenance of such public nuisance, specifying in particular the nature of the public nuisance, the corrective action to be taken to abate the public nuisance, and the time limit for the abatement of the public nuisance, which shall be a reasonable time, but not to exceed twenty days from the time the notice is served. The notice shall be served in accordance with Section 1.11 of the City Code. If, at the expiration of the time limit in the notice, the person responsible for the public nuisance shall not have complied with the requirements of the notice, the City Manager shall carry out the requirements of the notice, take other action as permitted by this Code or state law, or otherwise abate the public nuisance. Notwithstanding any other provision of this Code, where a public nuisance that necessitates abatement exists on private property, the owner of the property where the public nuisance condition exists, as determined by the City in accordance with this Code, shall be liable for all costs incurred by the City in connection with its enforcement of the City Code regardless of whether the City performs the work, a City contractor or vendor performs the work, or whether the City s Code enforcement actions caused the person or persons with ownership of the property, as defined in this Code, to perform the work or otherwise bring the property into compliance with the applicable provisions of the City Code. All of the costs of Code enforcement activities provided for in this Code and incurred by the City shall be billed to the owner of the property, or other clearly responsible party, and shall be paid within 30 days of mailing. All costs of such abatement-related and Code enforcement activities shall be a personal debt owed to the City by the person billed for the public nuisance and, if the public nuisance is attributable to the use, occupancy, care, control, dominion or ownership of any land or premises, shall also, in addition to being a personal debt, be charged against such premises and the owner thereof and shall be a lien on the property until paid. It shall be a violation of this Code for any person to fail, neglect or refuse to comply with an order issued pursuant to the provisions of this Chapter unless an appeal is lawfully filed as provided for in this Chapter. Sec 9.4. Remedies Severable. Any action taken by the City to abate any public nuisance under the provisions of this Article, or any other provision of the City Code, shall not affect the right of the City to institute other legal or administrative proceedings against the person committing, creating, permitting or maintaining any public nuisance for violation of this Code nor affect the imposition of the penalty or remedy prescribed or imposed for such violation. Upon application by the City to any court of competent jurisdiction, the court may order the public nuisance abated and/or the violation or threatened violation restrained and enjoined. Sec 9.5. Appeals; Hearing. Except as otherwise provided in this Chapter, appeals from any notice, billing, order or any other Code enforcement or abatement-related action of any officer, employee or agent charged with the enforcement of this Chapter shall be made to Adopted Nuisance Code Page 3 10-2011
the Housing Appeal Board established by and provided for in Chapter 140 of this Code and according to the process and procedure set out therein. As provided for in Chapter 140, an appeal shall be filed within twenty (20) days of the date of any notice, order, ruling or action being appealed. However, if a notice, order, ruling or action requires the abatement of a public nuisance or other action within a shorter period of time, the appeal must be made within such shorter period. Upon the filing of an appeal as provided for in this Chapter, compliance with the notice, billing or order shall be stayed until the matter is heard and decided by the Housing Appeal Board except as otherwise provided in this Chapter. As provided for in Chapter 140, failure to comply with the requirements of that Chapter regarding an appeal shall be grounds for denial of the appeal. An appeal fee, established by the City Commission, shall be paid a fee as provided for in Chapter 140 of this Code, unless waived as provided for by that Chapter. The Housing Appeals Board may modify, reverse or affirm the notice, billing or order, in whole or in part, or make such order or decision with regard to the appeal as is determined necessary in light of the circumstance of the situation and the need to protect the public as provided for in Section 9.1. In hearing and deciding an appeal, the Housing Appeal Board shall have all the power of the officer, employee or agent from whom the appeal was taken. The decision of the Housing Appeal Board shall be final except as otherwise provided for by law. If, as determined by the City Manager or the City Manager s designee, a serious and immediate threat to life, health or other public or private property exists, the City may summarily abate the public nuisance notwithstanding the filing of an appeal. The City shall attempt to provide verbal or written notice to the responsible party prior to a summary abatement, but, in light of the need for summary action, the failure to effectively provide such notice shall not preclude summary abatement. Should a summary abatement occur, the appeal shall be limited to the issue of responsibility for the cost of abating the public nuisance and related costs, as provided for by this Code. It shall be a violation of this Code for any person to fail, neglect or refuse to comply with an order or decision of the Housing Appeal Board made pursuant to this Chapter. Sec 9.6. Code enforcement and Abatement-related Costs. Where the public nuisance conditions that necessitate abatement exist on private or public property, the person or persons committing, creating, permitting or maintaining the public nuisance, and any owner of the private property where the public nuisance conditions exist, shall be liable for all Code enforcement and abatement related costs incurred by the City in connection with its enforcement of the provisions of this Code regardless of whether the City performs the abatement work, the abatement work is performed by a City contractor or vendor, or the abatement is performed by the person or persons with use, occupancy, care, control, dominion or ownership over the property or others. Costs authorized to be charged under this Code include, but are not limited to, notices, orders, inspections and other actions, including property remediation after the public nuisance abatement. Sec 9.7-9.10 Reserved. Section 2. That Sections 9.107 of Article 8 of Chapter 151 of Title IX of the Code of the City of Grand Rapids be amended to read as follows: Sec 9.107. Definitions. Scope: Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have the following meanings. Adopted Nuisance Code Page 4 10-2011
Interchangeability: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular member includes the plural and the plural the singular. Terms Defined in Other Provisions of the Grand Rapids City Code: Where terms are not defined in this Article and are defined elsewhere in the Grand Rapids City Code, such terms shall have the meanings assigned to them in those City Code provisions unless the context of this Chapter clearly indicates otherwise. Terms Not Defined: Where terms are not defined through the methods set out in this Section, such terms shall have the ordinarily accepted meanings consistent with the text of this Chapter. 1. Garbage means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter, used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetable. 2. Hazard or Hazardous means a condition which may potentially result in the death, injury or illness of a human or in severe damage to real or personal property. 3. Inoperable Vehicle shall mean any motor vehicle unable to move under its own power, or part of any motor vehicle or other conveyance which is wrecked, disabled, partially dismantled, junked, or abandoned. 4. Owner means every person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common, or as land contract vendee. Owner shall also mean: (a) (c) (d) Every person who in fact has been empowered to act on behalf of, or as agent of the owner; or Every person who has or exercises care, custody, dominion or control over any property; or Every person who is a record owner as demonstrated by a deed or other document of title recorded at the office of the Register of Deeds; or Every person listed as the taxpayer by Assessor s records. An owner shall not include any person who is a tenant. 5. Rubbish means hazardous or non-hazardous non-putrescible solid waste excluding ashes, consisting of, but not limited to, combustible and noncombustible waste, including paper, cardboard, metal containers, wood, glass, trash, rubber, brush, bedding, crockery, used or demolished building materials, litter of any kind, and discarded items of little or no apparent value. 6. Unlicensed or Unregistered Vehicle shall mean any motor vehicle or other conveyance which lacks a current license plate or registration required for use. Such unlicensed or unregistered vehicle(s) must be operable and functional as intended. 7. Vendoring means the hiring of a contractor or vendor by the City to perform work pursuant to this Article. Sec. 9.108. - Nuisances Prohibited on Public and Private Property. The following conditions are declared a public nuisance. All property within the City, whether occupied or vacant, improved or unimproved, shall be maintained by the owner free of the following nuisances: Adopted Nuisance Code Page 5 10-2011
1. Ragweed, poison ivy, poison sumac, poison oak and similar plants. 2. Any grass, weeds or undergrowth higher or longer than twelve (12) inches, subject to the following exceptions. Grass, weeds and undergrowth higher or longer than twelve (12) inches are permitted only in the following locations: (a) On portions of undeveloped property behind a wooded tree line. On portions of unsubdivided lands more than twenty-five (25) feet from a public sidewalk or a street open to the public. (c) On portions of undeveloped lots in a subdivision less than sixty (60) percent developed lying more than twenty-five (25) feet from a public sidewalk or public street. 3. Any bush, shrub, tree or other vegetation or portion thereof obstructing or interfering with passage on a sidewalk, walkway, driveway or street 4. Stagnant or Unsanitary Water 5. Garbage or rubbish or any other unhealthy, hazardous or offensive condition, object or substance. (a) (c) (d) (e) Residential composting is only permitted on the premises of an occupied, residential dwelling. The compost may not contain animal waste, meat, bones, grease, oils, fats, or cooked foods of any kind. The compost must be completely contained in a fully enclosed compost receptacle, with a tightly fitted lid. The compost receptacle must be located in the rear yard of the residential dwelling. The compost receptacle must be kept tightly covered except when opened for deposit or removal of compost materials. (f) The compost receptacle shall have a capacity of no greater than 64 cubic feet. (g) The compost receptacle shall be constructed of rigid and durable materials, which shall not include any of the following: burlap, tarp, vehicle tires, wire mesh, chicken wire, flexible fencing material of any kind, or any substantially similar materials. 6. Any dead tree or any portion thereof, or any dying tree that presents a hazard to any member of the public or to property. 7. Any Unsecured Building An unoccupied or vacant building, structure or part thereof shall be kept secured by the owner against unauthorized entry and water damage. Boarding shall be done in a manner and with materials as specified in Section 9.110 of this Code. 8. Personal Property, Belongings, Furnishings or Equipment Left in the Rightof-Way or Between the Principal Building and the Right-of-Way. Personal property of any kind, including but not limited to personal belongings, interior furnishings and equipment, shall be deemed to be abandoned, of no value and unlawful if placed at or left for more than twenty-four (24) hours on any public right-of-way or on any part of a Adopted Nuisance Code Page 6 10-2011
property lying between the principal building and a public right-of-way, except as specifically permitted by this Code. Personal property placed in the public right-of-way pursuant to a court-ordered eviction is subject to immediate removal forty-eight (48) hours after being placed in the rightof-way. 9. Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces. A refrigerator, an airtight container, a tank with an open access hole and any other contrivance or property which encloses or substantially encloses a space is declared to be an unlawful and immediate hazard, a nuisance and a violation of this Code if placed anywhere outdoors in a manner which could result in injury or death. Such declared hazard, space or equipment may be abated as an emergency without notice. Upon making harmless a violation of this Section, the City shall issue a notice to abate the violation as set forth in Section 9.111 of this Chapter. 10. Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of- Ways. Every owner shall be responsible for maintaining the following public access areas abutting their property in compliance with this Article, including the following: (a) The sidewalk and parkway to the curb or street pavement, except for dead trees; A public or utility easement to the centerline; An alley or alleyway to the centerline, except for standing or stagnant water. 11. Inoperable, Unlicensed or Unregistered Vehicles No more than one (1) operable vehicle, that is unlicensed or unregistered shall be located outdoors for more than seven (7) days on a property with a residential or commercial structure. Such vehicle must be located behind a dwelling or commercial building. Inoperable, unlicensed or unregistered vehicle storage is prohibited on any vacant property, whether a structure exists on the property or not. 12. Outdoor Furniture Any furniture or furnishings manufactured or intended to be for indoor use and is not constructed to be used outdoors shall not be placed within the yard or on any unenclosed porch or similar area that will allow access for vermin, weather, or arson. (Ord. No. 2006-32, 1, 6-6-06; Ord. No. 2010-30, 1,6-22-10) Sec. 9.109. - Abatement of Property Maintenance Nuisances. Upon observing a violation of this Article, the City may issue a Notice to Abate to the owner of the property, as set forth in Section 9.111. Notice procedures shall apply as set forth in this Article, as allowed by Section 9.2. If the violation has not been corrected at the expiration of the Notice to Abate, the City may order a vendor to abate the cited violation and shall bill the property owner for administrative and abatement costs as set forth in Sections 9.112, 9.113 and 9.114 of this Chapter. Sec. 9.110. - Standards for Abatement of Structural Nuisances. All windows, doors or other openings in a vacant or unoccupied structure which can be reached from the ground or from an appurtenance or adjacent Adopted Nuisance Code Page 7 10-2011
structure shall be in good repair and locked or otherwise fastened from the inside or shall be secured in the manner set forth this Code. All openings or structural elements in poor repair which allow the interior to be damaged by water shall be secured or otherwise made watertight. 1. Boarding Exterior Openings. Boarding shall be secured by use of exterior grade plywood of at least 3/8" thickness, cut to the size of the opening and secured by use of Phillips headed 2½" long screws on all first story or ground accessible points of entry or by use of 16d common nails which are permitted only on entry points being secured above the first story or where not accessible from the ground level. Boards may be placed over all points of entry. Open holes, overlapping and extensions beyond the frame which allow prying are not permitted. Boarding shall be painted either white, grey or a color similar to that of the boarded building. 2. Time Limit to Secure Structure. A City order to board or secure a property shall be complied with in not more than seventy-two (72) hours. If the securing has not been commenced, is incomplete, or does not comply with the requirements for boarding, the City shall secure the structure and the City shall bill the owner of record for all costs incurred, including service fees and administrative costs. The amount so billed shall constitute a personal debt of the owner and may be assessed as a lien against the cited property. (Ord. No. 2006-32, 1, 6-6-06; Ord. No. 2010-30, 2, 6-22-10) Sec. 9.111. - Notice To Abate. Upon observing a violation of the provisions of this Article upon any property not under the control or ownership of the City of Grand Rapids, the County of Kent or the State of Michigan, the City may issue a Notice to Abate. The Notice to Abate shall include: 1. The nature of the violation. 2. The time within which the violation must be abated. 3. Notice that the City may act to abate the violation if it is not abated by the owner within a reasonable time stated in the Notice, but which may not exceed fifteen (15) days. 4. Notice that the cost of such action by the City, plus an administrative fee, shall be a personal debt of the owner, which may be assessed as a lien against the property until paid. 5. Notice that any refusal to allow the City to abate an uncorrected violation shall be a separate violation under this Code. (Ord. No. 2006-32, 1, 6-6-06) Sec. 9.112. - Authorization for City Abatement. Upon failure of a property owner to abate a violation as ordered in a Notice to Abate, the City may abate the nuisance. This abatement may be performed by the City, by a contract vendor, or by other means determined by the City. (Ord. No. 2006-32, 1, 6-6-06) Sec. 9.113. Code enforcement actions; Additional Abatement Notices and Actions and Administrative Fees. The actions taken to abate a public nuisance pursuant to this Article may include any of the actions provided for in this Section as determined by the City. The fees necessary for the administration of this Article and authorized by Section Adopted Nuisance Code Page 8 10-2011
9.114 shall be established from time to time by resolution of the City Commission. Where any action not specifically authorized by this Section is taken by the City, the fee charged by the City shall include the actual cost of such action and any administrative costs incurred in taking such action. Actions specifically authorized by this Section and the administrative fees shall include the following: (1) Notice to Abate (2) Search Warrant (3) Contact Request or Warning of Abatement Action (4) Attorney Warning Letter (5) Civil Infraction Preparation (6) Additional Inspections (7) Vendoring (8) Second and Subsequent Vendoring (9) Vehicle Removal. (10) Second and Subsequent Vehicle Removal (11) Denied Entry Sec. 9.114. - Charge to Owner. All of the costs of Code enforcement and abatement-related activities on private or public property provided for in this Article incurred by the City shall be billed to the owner and shall be paid within 30 days of mailing. All costs of actual abatement and any Code enforcement or abatement-related activities, as provided for in this Article, shall be a personal debt owed the City by the owner of any private property upon which a public nuisance is located. The debt shall also, in addition to being a personal debt, be charged against such premises and the owner thereof and shall be a lien on the property until paid. It shall be a violation of this Code for any person to fail, neglect or refuse to comply with an order issued pursuant to the provisions of this Chapter unless an appeal is lawfully filed as provided for in this Chapter. Sec. 9.115. - Penalties. A violation of Section 9.108 of this Code is civil infraction. (Ord. No. 2006-32, 1, 6-6-06) Secs. 9.116 9.130 Reserved. (85) State Law reference Control and eradication of noxious weeds, MCL 247.61 et seq. (Back) Adopted Nuisance Code Page 9 10-2011