Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Charter Township of Oakland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 143.
Offenses — See Ch. 285.
Property maintenance — See Ch. 320.
Tree removal — See Ch. 389.
[Adopted 2-18-1981 by Ord. No. 40 (Ch. 24, Art. II, of the 2007 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
RUBBISH
Includes any discarded articles of food, clothing, receptacles, building materials, automobiles, trucks, trailers, or any automotive products or parts thereof, recreational item, or machines, or parts thereof, or other waste products.
The storing, piling or maintaining of any rubbish in such a way as to encourage or be likely to encourage the breeding of rats and other rodents is hereby declared to be a public nuisance.
It shall be unlawful for any person, firm or corporation to store, pile or keep or to permit the storing, piling or keeping of any rubbish within the Township in such a manner as to encourage or be likely to encourage the sheltering and propagation of rats and other rodents.
This article shall be enforced by the Township Supervisor or such other person as may be designated by resolution of the Township Board who shall:
A. 
Upon inspection of such property within the Township which may be found to be in violation of the conditions heretofore set forth, issue to the owner of such property or his agent or persons found thereon thought to be there by right and leave of such owner, a violation notice in such form and contents which shall reasonably inform such owner, his agent or person so in charge of such property of the violations involved, specifying a time limit in which corrections shall be made, the cost of reinspection of such premises, and the name and telephone number of the person to contact for such further reinspection.
B. 
In the event that such violations are not cured within the time limit so specified and reinspection called for and fees so prescribed paid within five days following the time limit specified in such violation notice, then and under such circumstances, the Township Supervisor, or such other person so designated by the Township Board, may upon reinspection of such areas of violation, issue or cause to be issued to the owner of such property or such agent or other person found to be in charge of such property, an appearance ticket-complaint which shall be of a form and style as may be approved by the District Court Administrator for the 52nd Judicial District Court, 3rd Division, which shall set forth with reasonable certainty, information to inform the owner, his agent or other person found in charge of such property of the nature of the complaint asserted against him, the time and place of his required appearance and the name and identity of the issuing officer or other complainant.
C. 
The Township Supervisor, or such other person so designated by the Township Board, shall upon the issuance of such appearance ticket-complaint, make his return to the 52nd Judicial District Court, 3rd Division, in sufficient time and reasonable certainty as may be required pursuant to the direction of the District Court Administrator.
[Amended 6-8-1999 by Ord. No. 81[1]]
Violation of any provision of this article constitutes a municipal civil infraction. A person determined to be responsible for a municipal civil infraction for violation of any provision of this article shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. Each day that a violation is permitted to exist shall constitute a separate violation. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 4-11-1989 by Ord. No. 55 (Ch. 24, Art. III, of the 2007 Code of Ordinances)]
A. 
Generally. 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:
SOLID WASTE
Nonhazardous garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, and solid commercial and solid industrial waste, animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.
B. 
Other words and terms. All other words and terms in this article shall be construed in accordance with custom and usage in the regulation of solid waste disposal and transportation, and otherwise according to meanings generally ascribed.
[Amended 5-12-1998 by Ord. No. 55-1A]
A. 
In the operation of licensee, no person shall create a nuisance or permit solid waste to fall or be spilled or dumped upon, or transported or delivered to public or private property which is not duly designated for such purpose in accordance with applicable law.
B. 
A licensee shall not cause or permit solid waste to fall or be spilled or dumped upon a place which is not designated for such purpose, and the licensee shall cause any solid waste in violation of this provision to be removed and transported to a site duly designated for such purpose within 12 hours of notice from the Township.
C. 
If a licensee shall cause or permit solid waste to fall or be spilled upon a public or private roadway, the licensee shall take immediate action to ensure that safe travel over the roadway is restored, and as soon as it is safe to do so, to ensure the road is cleared for travel, and that the solid waste which fell or was spilled is transported to a site duly designated for such purpose.
D. 
Any vehicle used in the business of licensee within the Township shall display in a conspicuous place the licensee's name and telephone number so that such vehicle can be readily identified.
E. 
All solid waste collected or transported by a licensee shall be directly transported to a transfer facility, processing plant or disposal area duly licensed and/or authorized in accordance with applicable law.
A. 
Each licensee shall file with the Township Clerk a complete schedule of collection fees and charges to be made to customers for service. Notice shall be given to the Township Clerk within 30 days after the effective date of any change in the fee schedule.
B. 
Each licensee shall file with the Township Clerk a complete schedule of the days and areas, including street names, that pickups to customers are to be made, by street. A licensee shall give notice to the Township Clerk within 30 days after the effective date of any change in the pickup schedule. This section shall not prohibit a deviation from the filed pickup schedule in the event that such deviation is not directly within the control of the licensee, for example, where weather conditions, vehicle breakdown, or the like, result in the licensee being unable to reasonably comply with the filed schedule.
[Amended 5-12-1998 by Ord. No. 55-1A; 6-8-1999 by Ord. No. 81]
A. 
Violation of any provision of this article shall constitute a municipal civil infraction. A person determined to be responsible for a municipal civil infraction for violation of any provision of this article shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages, and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Each act of violation, and every day upon which such violation shall occur, shall constitute a separate offense.
C. 
In addition to the penalties provided in Subsections A and B of this section, the Township may seek to enjoin or otherwise abate any violation of this article by any other authorized action.
D. 
Three or more determinations of responsibility for a violation of any of the provisions of this article, within a twenty-four-month period, may result in a revocation of the license following the procedures set forth in § 355-16.
No individual or entity shall hereafter engage in or carry on the business of the collection of solid waste from any premises within the Township, residential or nonresidential, unless and until a license for such purpose has been applied for and issued as provided in this article.
Application for licensure under this article shall be made to the Township Clerk by filing an application containing at least the following information:
A. 
The full name, address and telephone number of the applicant. If the applicant is a partnership or corporation, the application shall include the name, address and telephone number of the registered agent and/or person having the authority and responsibility for the management of the applicant.
B. 
The names and addresses of each and every person having an ownership interest in the business to be licensed.
C. 
The name, address and phone number of the business constituting the entity to be licensed.
D. 
The name, address and telephone number of an individual designated as the agent of applicant for purposes of communication with the Township in connection with all matters relating to licensure and operation of the business in accordance with this article.
E. 
Detailed description of equipment, personnel and procedures to be utilized in the proposed business of collecting solid waste, including a description of each truck and other items of equipment used in the business. The applicant shall include an affidavit specifying that each truck meets all requirements of this article.
F. 
A statement made under oath that all vehicles and equipment to be utilized in the proposed business have all applicable governmental licenses and permits.
G. 
A description of the geographic areas within which the applicant proposes to collect solid waste.
H. 
The number of households (separately) the number of nonresidential premises to be served.
I. 
The name of each other municipality in which the applicant collects solid waste.
J. 
The name and address of each and every site to which solid waste shall be transported by the licensee.
After receipt of an application submitted in accordance with § 355-11, the Supervisor, or the Supervisor's designate, and all other persons to whom the application has been sent with a request to inspect, shall conduct inspections and prepare a report and recommendation on the application, including in the report any and all matters relating to Township or other requirements and standards for solid waste collection and transport. The report shall be transmitted to the Township Clerk within 30 days after receipt of a request for inspection.
The Township Clerk shall grant the application unless, based upon facts set forth in one or more of the reports, it appears that the public health, safety or general welfare of the Township might be jeopardized, taking into consideration the following standards:
A. 
Whether the applicant's vehicles meet the standards of § 355-7.
B. 
Whether the applicant has submitted all information required under this article.
C. 
Whether there is any specific basis for concluding that grant of the application would result in the creation of a nuisance or health hazard to the Township.
The license shall, if granted under § 355-13, be issued upon payment of the required license fees, and upon filing of the information required under § 355-8. All licenses issued under this article shall expire on the same date each year, and, specifically, on June 1.
Any person aggrieved by the grant or denial of a license under this article may appeal to the Township Board by written request made within 20 days following the grant or denial. Such written request shall set forth the basis for the claim that the license had been wrongfully granted or denied.
A. 
Licenses issued under this article shall be renewed each year administratively upon the applicant filing with the Township Clerk an update of all information required to be submitted with the application under this article, and payment of the fee as required in § 355-17. Such renewal shall be subject to the provisions of this article.
B. 
Any license issued under this article may be revoked by the Township Board and renewal of a license may be denied, based upon any false statements made in the application for licensure or for renewal. Such revocation or nonrenewal may also be made for failure to comply with the provisions of ordinance, law or actions of the licensee, any one of which results in or reflects the inability on the part of the licensee to provide solid waste collection in a safe and healthy manner.
C. 
Before any license shall be revoked or its renewal denied, written notice shall be given to the licensee stating the time and place for a hearing before the Township Board, and further stating that the license may be revoked or renewal denied, and setting forth the alleged grounds for such consideration. At the hearing, an opportunity shall be given to the licensee to be heard by the Township Board, and an opportunity to produce evidence and witnesses as the licensee may choose.
D. 
In the event of the revocation or nonrenewal of any license, the Township Board shall specify in the minutes of the hearing reasons for such revocation or nonrenewal, and shall cause a copy of such minutes to be mailed or given to the licensee.
A license fee shall be established and may be modified from time to time by resolution of the Township Board. Such fee shall be utilized for the purpose of offsetting administration of this article. The fee shall be payable to the Township Clerk at the time application is made for licensure or renewal.