[HISTORY: Adopted by the City Commission of the City of Lapeer 6-29-1983 (Ch. 38 of the 1978 General
Ordinances). Amendments noted where applicable.]
It is the purpose of this chapter to prevent, reduce or eliminate
blight in the City of Lapeer by the prevention or elimination of contributing
factors and causes of blight which exist or which may in the future
exist in the City of Lapeer.
The following words or terms, when used herein, shall be deemed
to have the meanings set forth below:
Any dwelling, garage, or outbuilding, or any factory, shop,
store, office building, warehouse, or any other structure or part
of a structure which:
[Amended 3-30-1988]
Because of fire, wind, other natural disaster, or physical deterioration,
is no longer habitable as a dwelling or useful for the purpose for
which it was originally intended;
Is partially completed and which is not presently being constructed
under an existing, valid building permit issued by or under the authority
of the City of Lapeer;
Is not structurally sound, weathertight, waterproof or verminproof;
or
Is not covered by a water-resistant paint or other waterproof
covering so as to protect said structure from the adverse effects
of the elements or from physical deterioration.
Any lumber, bricks, concrete, cinder blocks, plumbing materials,
electrical wiring or equipment, heating ducts or equipment, shingles,
mortar, cement, nails, screws, or other material commonly used in
the construction or repair of any buildings or structures.
The Lapeer City Building Inspector, any Lapeer City police
officer, or any other person designated by the Lapeer City Commission
to enforce the provisions of this chapter.
Any abandoned, discarded, unusable, or unused objects or
equipment including, but not limited to, furniture, stoves, refrigerators,
freezers, cans, implements, parts of motor vehicles, tires, machinery,
cloth, rubber, bottles, any metals, boxes, cartons, or crates.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any natural person, firm, association, partnership, or corporation.
Any building which is unoccupied and which is not securely
locked, with the windows glazed or neatly boarded up and protected
against the elements and from vandals and rodents and other animals.
[Amended 12-28-1988]
Except as may otherwise be permitted by the holding of a specific
business license or by other City of Lapeer ordinance, no person in
the City of Lapeer shall:
A.
Store, accumulate, or permit the storage or accumulation of junk
on premises owned, leased, rented, or occupied by him.
B.
Store, accumulate, or permit the storage or accumulation of any building
materials on property owned, leased, rented or occupied by him for
any period longer than reasonably necessary for the immediate use
of such materials, but in no event longer than 60 days.
C.
Maintain or permit the maintenance or existence of any vacant building
on property owned, leased, rented or occupied by him.
D.
Maintain or permit the maintenance or existence of any blighted structure
on property owned, leased, rented or occupied by him.
E.
Store or permit the storage of firewood on property owned, leased,
rented or occupied by him except in a neat, orderly stack to a height
no greater than five feet. The storage of firewood shall be restricted
to the rear yard or an interior side yard of the premises.
[Amended 1-10-1996]
A.
Before commencing prosecution under this chapter, for the first violation, the enforcement officer shall notify the violator(s) of the existence of a violation under § 38-3 above. Such notice shall be in writing and served upon the violator(s), either personally or by first-class mail sent to the last known address of the violator(s) or to the common address of the property upon which the violation exists. The violator(s) shall be given five days from the date of personal service or seven days from the date of mailing the notice in which to remedy the violation.
B.
Prosecution may be commenced against a violator(s), without prior
notice, in any instance where a violation notice had previously been
sent, within the previous 12 months, relating to the same address.
C.
Each day that a violation under this chapter continues to exist shall
be considered a separate violation subject to the penalties hereinafter
set forth.
Failure to comply with the notice given by the enforcement officer
within the time allowed shall be punishable, upon conviction, by a
fine of not more than $500 or by imprisonment of not more than 90
days, or by both such fine and imprisonment, in the discretion of
the court.
Where the enforcement of any part of this chapter constitutes
a hardship, and upon appeal by the proprietor, the City Commission
may waive any such part of this chapter as it deems necessary.
The sections and provisions of this chapter are declared to
be severable and any portion which is declared inoperative or invalid
for any reasons by a court of competent jurisdiction shall in no way
affect the remaining sections or provisions of this chapter.
