[HISTORY: Adopted by the Village Council of the Village of New Haven 7-8-2014 by Ord. No. 326. Amendments noted where applicable.]
The Village of New Haven Nuisance Ordinance is to prevent, reduce or eliminate situations that cause or lead to public nuisance and may be exhibited with or without blight or potential blight factors within the Village of New Haven.
This chapter may be known and cited as the "Village of New Haven Nuisances Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any person doing an unlawful act, or omitting to perform a duty or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
- (1) Injures, endangers the comfort, repose, health or safety of others;
- (2) Offends decency;
- (3) Is offensive to the senses;
- (4) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
- (5) In any way renders other persons insecure in life or the use of property; or
- (6) Essentially interferes with the comfortable enjoyment of life and property; or tends to depreciate the value of the properties and others.
- B. Furthermore; the maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
- (1) Noxious weeds and other rank vegetation;
- (2) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things;
- (3) Any condition which provides harborage for rats, mice, snakes and other vermin;
- (4) Any building or other structure which is such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is, or creates an menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
- (5) All unnecessary or unauthorized noises and annoying vibrations including animal noises;
- (6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;
- (7) The carcasses of animals or fowl not disposed of within a reasonable time after death;
- (8) The pollution of any public well or wastewater, storm drain, cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
- (9) Any buildings, structure or other place or location where any activity which is in violation of local state or federal law is conducted, performed or maintained;
- (10) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
- (11) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
Whenever a nuisance is found to exist within the Village of New Haven, the President, Building Inspector, Code Enforcement Officer or other duly designated officer of the Village shall give 10 days' written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
The notice to abate a nuisance issued under the provisions of this chapter shall contain:
An order to abate the nuisance or to request a hearing within a state time which shall be reasonable under the circumstances;
The location of the nuisance, if the same is stationary;
A description of what constitutes the nuisance;
A statement of acts necessary to abate the nuisance;
A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the Village will abate such nuisance and assess the cost thereof against the person. If not paid within reasonable time, the costs of abatement can be placed as a lien against the property.
The notice to abate a nuisance shall be served personally or by publication in a newspaper circulating in the Village.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the Village of New Haven President, Building Inspector, Code Enforcement Officer or other duly designated officer of the Village shall proceed to abate such nuisance.
When, in the opinion of the Village President or other duly designated officer there is an actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the Village President or duly designated officer is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The Village President or other duly designated officer shall immediately post the premises, warning of the dangerous condition and then abate such nuisance.
The Village President shall keep an accurate account of the expenses incurred in abating a nuisance under this chapter with respect to each parcel of land entered upon therefor, and shall make a sworn statement of such account and deliver the same to the Village Clerk and Village Attorney.
After accounts have been audited, allowed and paid as provided in this chapter, it shall be the duty of the Village Clerk to certify them forthwith to the Township or Village Assessor and Village Treasurer. Payment of all expenditures represented by such accounts shall be enforced as a special assessment.
A vehicle defined and regulated by the Michigan Motor Vehicle Code, Section 252a to 252g, Public Act 300 of 1949, as amended, is a public nuisance. It shall be abated and removed under the procedures set forth in the Michigan Motor Vehicle Code, and the following shall apply.
Editor's Note: See MCLA §§ 257.252a through 257.252g.
It is the duty of the vehicle's owner and custodian, and the owner and custodian and the owner, tenant, and person in control of the private property where the vehicle is located, to remove the vehicle within the time period specified in the written notice affixed to the vehicle.
The failure, refusal, neglect or inability of the vehicle's owner to comply shall not be a defense to a criminal charge of creating, maintaining, harboring, or allowing the existence of a public nuisance on private property which may be brought against the vehicle's owner, tenant, and person in control of the private property where the vehicle is located.
Sheriff's Deputies, Village President, Building Inspector, Code Enforcement Officer or other duly designated official as local government agents are empowered to issue and affix required notices to junk, abandoned or scrap vehicles on private property.
[Amended 1-13-2015 by Ord. No. 333]
In addition to any penalties or remedies set forth in the Michigan Motor Vehicle Code, the owner of the vehicle, the vehicle's owner and custodian, and the owner, tenant and person in control of the private property where the vehicle is located, who fail to remove the vehicle with in the time period specified in the written notice affixed to it, shall be guilty of creating, maintaining, harboring, or allowing the existence of a public nuisance on private property and shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.