[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 9-14-2011 by Ord. No. 10-2011. Amendments noted where applicable.]
This chapter is intended to keep public streets, sidewalks,
trailways and similar public ways within the Township clean and free
of debris and obstacles to travel, not only for purposes of sanitation
and cleanliness, but also to prevent hazards to motorists and pedestrians.
The Township Board hereby determines that the adoption and enforcement
of this chapter is essential to the public health, safety and welfare
of both the residents and property owners within Cascade Charter Township.
As used in this chapter, the following terms shall have the
meanings indicated:
The paved or other hard surface improved portion of a public
road right-of-way or easement (and the shoulders thereof, whether
paved or unpaved), as as any paved or concrete public sidewalk, public
walking or bicycle trail, or similar public way. This definition shall
also include any and all portions of a road.
No person shall engage in any of the following uses, activities,
or practices:
A.
Cause dirt, gravel, clay, mud, rocks, stones, sand, or similar materials
to be deposited, left or spilled onto or within a road pursuant to
an excavation, building, or other project or activity and fail to
fully remove such materials from the road and completely clean up
the portion of the road involved within 24 hours of the time that
the materials have been deposited or spilled onto or within the road.
B.
Intentionally dump, store, or deposit dirt, clay, gravel, mud, stones,
rocks, sand, or a similar material onto or within a road.
C.
Place, push, or deposit debris, brush, branches, or similar materials
onto or within any road.
D.
Dump or deposit leaves, debris, earth, or other obstacle or impediment
in a drainagecourse or drain within a public road right-of-way or
other public drainage easement without first having obtained a permit
or written approval from the Township Manager (or such other official
as is designated by the Township Board) for such dumping, depositing
or use.
E.
Alter or recontour the land on a lot or parcel in such a way that
it causes flooding of any neighboring or nearby lots or properties.
F.
Cause or allow construction debris, trash, scraps or other items
associated with a building or construction project or site to blow,
migrate or be deposited upon the lot or parcel of another without
permission of the property owner of the other lot or parcel.
The prohibitions contained in § 325-3 of this chapter shall not apply in the following situations:
A.
Any use or activity by a government employee or official, municipal
firefighter, or police officer while engaged in his or her official
government duties.
No zoning permit or building permit shall be issued for a building
or construction project for any property within the Township if the
Township determines that the project may cause soil erosion and sedimentation
spillover onto or into any street or adjoining property or may cause
drainage problems. Such determination will be made by the Zoning Administrator
and will be based on site conditions such as slope, soil types, drainage,
and the scope of the project. If it is determined by the Township
that such factors may cause erosion or unreasonable damages, the Township
shall require a security deposit of $200 to ensure compliance with
all of the requirements of this chapter during construction and cleanup.
Such deposit shall be in addition to any other applicable fees or
deposits. Once a certificate of occupancy has been issued or the project
or construction is otherwise complete, the Township shall refund the
deposit less any monies retained by the Township to remedy any violations
of this chapter.
A.
Violations.
(1)
A violation of this chapter constitutes a municipal civil infraction.
Any person who violates, disobeys, omits, neglects, or refuses to
comply with any provision of this chapter, or any amendment thereof,
or any person who knowingly or intentionally aids or abets another
person in violation of this chapter, shall be in violation of this
chapter and shall be responsible for a civil infraction. The civil
fine for a municipal civil infraction shall be not less than $100
for the first offense and not less than $200 for subsequent offenses,
in the discretion of the court, in addition to all other costs, damages,
expenses and remedies provided by law. For purposes of this section,
"subsequent offense" means a violation of the provisions of this chapter
committed by the same person within 12 months of a previous violation
of the same provision or another provision of this chapter or similar
provision of this chapter for which said person admitted responsibility
or was adjudged to be responsible. Each day during which any violation
continues shall be deemed a separate offense.
(2)
A violation of this chapter shall also be a nuisance per se. Any
and all remedies available to the Township shall be deemed cumulative
and not mutually exclusive.
B.
Stop-work orders. Upon notice from the Zoning Administrator, Building
Inspector or Building Official (or such other official as is designated
by the Township Board) that any work, use or activity is being conducted
contrary to the provisions of this chapter, such work, activity or
use shall be immediately stopped. Such stop-work order shall be in
writing and shall be given to the owner of the property involved as
shown on the most recent property tax records for Cascade Charter
Township. Any person who shall continue to engage in any activity
or use on the structure, land or building involved after having been
served with a stop-work order (except such work as that person is
directed by the Township to be performed to remove a violation) shall
be in violation of this chapter.
