[HISTORY: Adopted by the Village of Council of the Village of New Haven 7-8-2014 by Ord. No. 325. Amendments noted where applicable.]
Zoning — See Ch. 515.
The Village of New Haven Blight Ordinance is to prevent, reduce or eliminate blight or potential blight within the Village of New Haven by the prevention or elimination of certain environmental causes of blight factors which exist or which may in the future exist in the Village of New Haven. The State of Michigan research has declared that: "Municipalities of the state have become blighted and significant areas in the municipalities of the state are deteriorating in a manner which leads to severe blight, with the consequent impairment of taxable values upon which, in large part, municipal revenues depend; that those blighted areas are detrimental or inimical to the health, safety, morals, and general welfare of the citizens, and to the economic welfare of the municipality; that in order to improve and maintain the general character of the municipality, it is necessary to rehabilitate those blighted areas."
This chapter may be known and cited as the "Village of New Haven Blight Ordinance #1" or "BO1." This chapter adopts items from Public Acts 344 of 1945 as copyrighted by the 2009 Legislative Council, State of Michigan.
This chapter is adopted in accordance with and pursuant to the provisions of Public Acts 344 of 1945, as amended:
"An act to authorize counties, cities, villages and townships of this state to adopt plans to prevent blight and to adopt plans for the rehabilitation of blighted areas; to authorize assistance in carrying out such plans by the acquisition of real property, the improvement of such real property and the disposal of real property in such areas; to prescribe the methods of financing the exercise of these powers; and to declare the effect of this act."
According to PA 344, the Village of New Haven may bring about the rehabilitation of blighted areas and the prevention, reduction, or elimination of blight, blighting factors, or causes of blight, and for that purpose may do any of the following:
Acquire real property by purchase, gift, or exchange.
Acquire under this article blighted property by condemnation.
Lease, sell, renovate, improve, or exchange blighted property or other real property acquired by other means in accordance with the State Constitution of 1963 and this article.
As used in this chapter, the following terms shall have the meanings indicated:
- BLIGHTED AREA
- A portion of the Village of New Haven, developed or undeveloped, improved or unimproved, with business or residential uses, marked by a demonstrated pattern of deterioration in physical, economic, or social conditions, and characterized by such conditions as functional or economic obsolescence of buildings or the area as a whole, physical deterioration of structures, substandard building or facility conditions, improper or inefficient division or arrangement of lots and ownerships and streets and other open spaces, inappropriate mixed character and uses of the structures, deterioration in the condition of public facilities or services, or any other similar characteristics which endanger the health, safety, morals, or general welfare of the municipality, and which may include any buildings or improvements not in themselves obsolescent, and any real property, residential or nonresidential, whether improved or unimproved, the acquisition of which is considered necessary for rehabilitation of the area. It is expressly recognized that blight is observable at different stages of severity, and that moderate blight unremedied creates a strong probability that severe blight will follow. Therefore, the conditions that constitute blight are to be broadly construed to permit a municipality to make an early identification of problems and to take early remedial action to correct a demonstrated pattern of deterioration and to prevent worsening of blight conditions.
- BLIGHTED PROPERTY
- Property that meets any of the following criteria:
- A. The property has been declared a public nuisance in accordance with a local housing, building, plumbing, fire, or other related code or ordinance.
- B. The property is an attractive nuisance because of physical condition or use.
- C. The property is a fire hazard or is otherwise dangerous to the safety of persons or property.
- D. The property has had the utilities, plumbing, heating, or sewerage disconnected, destroyed, removed, or rendered in effective for a period of one year or more so that the property is unfit for its intended use.
- E. The property is tax-reverted property owned by a municipality, by a county, or by this state. The sale, lease, or transfer of tax reverted property by a municipality, a county, or this state shall not result in the loss to the property of eligibility for any project authorized under this article for the rehabilitation of a blighted area, platting authorized under this article, or tax relief or assistance, including financial assistance, authorized under this article or any other act.
- F. The property is owned or is under the control of a land bank fast track authority under the Land Bank Fast Track Act, 2003 PA 258, MCLA §§ 124.751 to 124.774. The sale, lease, or transfer of the property by a land bank fast track authority shall not result in the loss to the property of eligibility for any project authorized under this article for the rehabilitation of a blighted area, platting authorized under this article, or tax relief or assistance, including financial assistance, authorized under this article or any other act.
- G. The property is improved real property that has remained vacant for five consecutive years and that is not maintained in accordance with applicable local housing or property maintenance codes or ordinances.
- H. The property has code violations posing a severe and immediate health or safety threat and has not been substantially rehabilitated within one year after the receipt of notice to rehabilitate from the appropriate code enforcement agency or final determination of any appeal, whichever is later.
- BUILDING INSPECTOR
- The Building Inspector or inspectors designated by the Village Board to administer this chapter.
- BUILDING MATERIALS
- Shall include, without limitation, lumber, brick, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete, or cement, nails, screws or any other material used in constructing any structure.
- Shall include, without limitation, castoff parts of machinery or motor vehicles, broken and unusable furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other castoff material of any kind, whether or not the same could be put to any reasonable use.
- JUNK AUTOMOBILE OR MOTOR VEHICLE
- Shall include any automobile or motor vehicle which is not licensed for use upon the highways of the State of Michigan, and shall also include, whether licensed or not, any motor vehicle or automobile which is inoperable or in an inoperative state.
- LOCAL TAXES
- State, county, city, Village, township and school taxes, any special district taxes, and any other tax on real property, but does not include special assessment for local benefit improvements.
- 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:
- A. Injures, endangers the comfort, repose, health or safety of others;
- B. Offends decency;
- C. Is offensive to the senses;
- D. Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
- E. In any way renders other persons insecure in life or the use of property; or
- F. Essentially interferes with the comfortable enjoyment of life and property; or tends to depreciate the value of the properties and others.
- Shall include, without limitation, all natural persons, firms, copartnerships, corporations, and all associations of natural persons, incorporated or unincorporated, whether acting by themselves or by a servant, agent or employee.
- All of the undertakings authorized in Public Act 344 of 1945 for the rehabilitation of a blighted area.
- PUBLIC USE
- When used with reference to land reserved for public use, means only such uses as are for the general use and benefit of the public as a whole, such as schools, libraries, public institutions, administration buildings, parks, boulevards, playgrounds, streets, alleys, or easements for sewers, public lighting, water, gas, or other similar utilities.
- REAL PROPERTY
- Land, buildings, improvements, land under water, waterfront property, and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto, legal or equitable, including rights-of-way, terms for years, and liens, charges, or encumbrances by mortgage, judgment, or otherwise.
- TRASH AND RUBBISH
- Shall include any and all forms of debris or refuse not herein otherwise classified.
- VILLAGE COUNCIL
- The Village of New Haven Council.
- VILLAGE PRESIDENT
- The duly elected and qualified Village President of the Village of New Haven, or employees of the Village appointed by said Village President to administer this chapter.
It is hereby determined that the following uses structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable conditions, and are hereby declared unlawful.
On and after the effective date of this chapter, no person, firm or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon property in the Village of New Haven owned, leased, rented or occupied by such firm or corporation:
The storage or accumulation of junk or junk automobiles or motor vehicles or any part thereof except in a completely enclosed building.
The storage or accumulation of building materials, unless there is in force a valid building permit issued by the Village of New Haven for construction with such construction; or except where such building materials are part of the stock-in-trade or business located on said property, in which case, said materials must be stored in such a manner as not to create a nuisance.
The storage or accumulation of junk, trash, rubbish or refuse of any kind without a proper landfill permit, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 10 days.
The existence of any partially completed structure unless such structure is in the course of construction in accordance with a valid or subsisting building permit issued by the Village of New Haven.
All persons who violate any of the provisions of this chapter, whether as owner, occupant, lease, agent, servant, or employee, shall except as herein otherwise provided, be equally liable as principals.
This chapter shall be enforced by the Village President, Building Inspector, Code Enforcement Officer and any other persons who are so designated by the Village President or Village Council. The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in § 149-6 hereof is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within 10 days after service of the notice upon him/her. Such notice may be served personally or by certified or registered mail with return receipt requested. Additional time may be granted by the enforcement officer where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress. Failure to comply with such notice by the owner and/or occupant within the time allowed shall constitute a violation of this chapter.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm or corporation who violates any provisions of this chapter shall be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven