[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:
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.
Any vehicle which:
Lacks all of the necessary component parts to enable the vehicle
to be driven upon a street under its own power;
Lacks all the necessary component parts to make it operable
and serviceable as a vehicle; and/or
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.
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:
Garbage, i.e., all organic refuse and rejected food waste;
Ashes, i.e., the residue left from burning of paper, leaves,
weeds, wood and coal;
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;
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
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.
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.
A.
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.
B.
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:
A.
Section 101.1 shall be amended by inserting the "Village of Spring
Lake" for the name of the jurisdiction.
B.
Section 103.5 shall be amended to state in its entirety as follows:
|
103.5 Fees. The fees for activities and services
performed by the department in carrying out the responsibilities under
this code shall be established by resolution of the Village Council.
|
C.
Section 106.3 shall be amended to state in its entirety as follows:[1]
|
106.3 Penalty. 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.
| ||
D.
Section 302.4 shall be amended to state in its entirety as follows:
|
302.4 Weeds. All premises and exterior property
shall be maintained free from weeds and plant growth in excess of
10 inches. All noxious weeds shall be prohibited. "Weeds" shall be
defined as all grasses, annual plants, and vegetation, other than
trees or shrubs; provided, however, this term shall not include cultivated
flowers in gardens.
| |
|
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 106.3 and
as prescribed by the authority having jurisdiction. Upon failure to
comply with the notice of violation, a duly authorized employee of
the jurisdiction or contractor hired by the jurisdiction shall be
authorized to enter upon the property in violation and cut and destroy
the weeds growing thereon, and the cost of such removal shall be paid
by the owner or agent responsible for the property.
|
E.
Section 304.14 shall be amended to state in its entirety as follows:
|
304.14 Insect screens. During the period from May
1 to September 30, every door, window, and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas, or areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged, or stored
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 mm), and every screen door used
for insect control shall have a self-closing device in good working
condition.
| |
|
Exception. The screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
|
F.
Section 602.3 shall be amended to state in its entirety as follows:
|
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from November to April to maintain a temperature of not less than
68° F. (20° C.) in all habitable rooms, bathrooms, and toilet
rooms.
| ||
|
(a)
|
When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required, provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
| |
|
(b)
|
In areas where the average monthly temperature is above 30°
F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall
be maintained.
| |
G.
Section 602.4 shall be amended to state in its entirety as follows:
|
602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to March 31 to maintain a temperature of not less than 65° F.
(18° C.) during the period the spaces are occupied.
| ||
|
Exceptions:
| ||
|
(1)
|
Processing, storage and operation areas that require cooling
or special temperature conditions.
| |
|
(2)
|
Areas in which persons are primarily engage in vigorous physical
activities.
| |
