[HISTORY: Adopted by the Village Council of the Village of Spring Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1990 by Ord. No. 192 (Ch. 30, Art. II, of the 2000 Code of Ordinances)]
The Village Council determines, in connection with this article, that the materials and items defined as unwholesome substances are things detrimental to the health, comfort and welfare of the inhabitants of the Village; and, therefore, unwholesome substances may be prohibited by the Village Council by ordinance. The Village Council further determines that, unless screened from view, accumulations of unwholesome substances on property in the Village have a negative effect on property values and are also harmful to the general appearance of the Village. In addition, in certain circumstances, the accumulation of unwholesome substances can be harmful to the public health of the residents of the Village.
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 MATERIAL
- All items used or useful in the construction of a building or structure, including but not limited to lumber, bricks, concrete blocks, cinder blocks, plumbing materials, electrical wiring and equipment, heating ducts and equipment, shingles, mortar, concrete, cement, sand and gravel.
- INOPERABLE VEHICLE
- Any vehicle which:
- A. Lacks all of the necessary component parts to enable the vehicle to be driven upon a street under its own power;
- B. Lacks all the necessary component parts to make it operable and serviceable as a vehicle; and/or
- C. Is not currently licensed, to the extent required, for use upon the highways of this state.
- Parts of machinery, vehicles or boats, used stoves or other appliances, plumbing fixtures, furniture stored in the open, iron, steel and other ferrous or nonferrous materials, batteries, remnants of wood, and, in general, any other cast-off material of any kind, whether or not they could be put to any reasonable use.
- MOTOR VEHICLE BODY
- Any motor vehicle which is unable to be driven upon a highway under its own power and/or which lacks all of the necessary component parts to make it operative and serviceable as a motor vehicle or which is not currently licensed, to the extent required, for use upon the highways of the state.
- All of the following:
- A. Garbage, i.e., all organic refuse and rejected food waste;
- B. Ashes, i.e., the residue left from burning of paper, leaves, weeds, wood and coal;
- C. Kitchen rubbish, i.e., all types of food containers and wrappings, including cans, bottles, jars, broken glass, crockery, paper and wood boxes, and metal objects;
- D. Household rubbish, i.e., all types of household materials commonly discarded such as newspapers, magazines, books, wrappings, cartons, boxes, crates, excelsior, rags, clothing, bedding, floor covering, wallpaper, leather objects and sweepings; and
- E. Yard rubbish, i.e., all materials which grow on the property such as grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs, branches, limbs, roots and stumps.
- UNWHOLESOME SUBSTANCE
- Any trash, motor vehicle body, inoperable vehicle, stone, junk, offal, refuse, rubbish, debris, animal wastes, filth, building material (unless there is in force a valid building permit for construction on the property where the building materials are located and the building materials are to be used as part of that construction or the building materials are for sale as part of a commercial business), inoperable boat, trailer body or any other material which constitutes a threat or menace to the health, safety or general welfare of the public.
- Every device in, upon or by which any person or property is or may be transported or driven upon a highway.
Except as is provided in § 263-4, no unwholesome substance shall be deposited, dumped or accumulated by any person on any place or premises, private or public, situated in the Village unless such place or premises is a landfill fully licensed as required by law for the receipt and disposal of the unwholesome substance or unless the unwholesome substance is completely shielded from public view and view from adjoining properties by being housed within a building or structure or by being enclosed by a fence; however, any such fence shall be erected and maintained in compliance with Chapter 390, Zoning, of the Code of the Village of Spring Lake, and any other applicable Village ordinance.
Notwithstanding § 263-3, it shall not be unlawful to deposit grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs and other yard debris and products adjacent to the street right-of-way at any time after 6:00 p.m. local time on the day preceding a scheduled garbage pickup or collection by a garbage carrier licensed to pick up garbage in the Village pursuant to Chapter 300, Solid Waste, or a Village-sponsored brush, leaf or trash pickup. Grass clippings, weeds, leaves, plants, garden trash, clippings from hedges and shrubs and other yard debris and products to be collected by licensed waste haulers shall be enclosed or boxed in such a manner to prevent the debris and products from dispersing, scattering or littering in any manner whatsoever. Such debris and products shall be contained in disposable plastic bags and containers only and shall not be housed in any permanent container or can. Materials to be picked up as part of a Village-sponsored program shall be placed adjacent to the street in the manner specified by the Village.
This prohibition shall not apply, however, to materials deposited for Village collection, which materials may be deposited no more than seven days in advance of a scheduled collection date.
Any unwholesome substance existing on any place or premises within the Village in violation of the provisions of this article shall either be immediately cleaned up and eliminated by removal from the place and premises where located or be immediately completely shielded from public view and view from adjoining properties by being housed within a building or by being enclosed by a fence; however, such fence shall be erected and maintained in compliance with Chapter 390, Zoning, and any other applicable Village ordinance.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
[Adopted 4-20-2009 by Ord. No. 310 (Ch. 18, Art. VI, of the 2000 Code of Ordinances)]
Pursuant to the provisions of Public Act 230 of 1972, as amended (MCLA § 125.1501), the International Property Maintenance Code, 2006 edition, as may be amended from time to time, and as published by the International Code Council, three copies of which are on file with the office of the Village Zoning Administrator, is hereby adopted as the property maintenance code of the Village of Spring Lake, Ottawa County, State of Michigan, for the purpose of regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use by providing for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures; and by providing for the issuance of permits and collection of fees therefor. All regulations, provisions, penalties, conditions and terms of said Property Maintenance Code, which is on file in the office of the Zoning Administrator, are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in § 263-8 of this article.
The following sections of the International Property Maintenance Code are amended as follows:
Section 101.1 shall be amended by inserting the "Village of Spring Lake" for the name of the jurisdiction.
Section 103.5 shall be amended to state in its entirety as follows:
Section 302.4 shall be amended to state in its entirety as follows:
Section 304.14 shall be amended to state in its entirety as follows:
Section 602.3 shall be amended to state in its entirety as follows:
Section 602.4 shall be amended to state in its entirety as follows: