[Adopted 5-27-1968 by Ord. No. 109]
Consistent with the letter and spirit of Act No. 344 of the
Public Acts of 1945, as amended, it is the purpose of this article
to prevent, reduce or eliminate blight or potential blight in the
Township of Paw Paw by the prevention or elimination of certain environmental
causes of blight or blighting factors, which exist or which may in
the future exist, in said Township of Paw Paw.
(a)ย
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 neighborhoods. On
and after the effective date of the ordinance from which this article
is derived 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 any property in the Township of Paw Paw owned, leased,
rented, or occupied by such person, firm or corporation.
(1)ย
In any area zoned "A" residential district or zone, the storage
upon any property of junk automobiles, except in a completely enclosed
building. For the purpose of this article, the term "junk automobiles"
shall include any motor vehicle which is not licensed for use upon
the highways of the State of Michigan for a period in excess of six
months and shall also include, whether so licensed or not, any motor
vehicle which is inoperative for any reason for a period in excess
of six months.
(2)ย
In any area zoned "A" residential district or zone, the storage
upon any property, except in a completely enclosed building, of building
materials, unless there is in force a valid building permit issued
by the Township of Paw Paw for construction upon said property and
said materials are intended for use in connection with such construction.
Building materials shall include, but shall not be limited to, lumber,
bricks, concrete or cinder blocks, plumbing materials, electrical
wiring or equipment, heating ducts or equipment, shingles, mortar,
concrete or cement, nails, screws, or any other materials used in
constructing any structure.
(3)ย
In any area zoned "A" residential district or zone, the storage
or accumulation of junk, trash, rubbish or refuse of any kind, except
domestic refuse stored in such a manner as not to create a nuisance,
for a period not to exceed 30 days. The term "junk" shall include
parts of machinery or motor vehicles, unused stoves or other appliances
stored in the open, remnants of wood, metal or any other material
or other cast-off material of any kind, whether or not the same could
be put to any reasonable use.
(4)ย
In any area, the existence of any structure or part of a structure
which, because of fire, wind or other natural disaster or physical
deterioration, is no longer habitable as a dwelling nor useful for
any other purpose for which it may have been intended.
(5)ย
In any area zoned "A" residential district or zone, the existence
of any vacant dwelling, garage, or other out-buildings which are not
kept securely locked, windows kept glazed, or neatly boarded up and
otherwise protected to prevent entrance thereto by vandals.
(6)ย
In any area the existence of any partially completed structure,
unless such structure is in the course of construction in accordance
with a valid and existing building permit issued by the Township and
unless such construction is completed within a reasonable time.
The causes of blight or blighting factors set forth above as
applicable to areas zoned for residential purposes are hereby determined
to be causes of blight or blighting factors and subject to the prohibitions
of this article, if located in areas zoned for other than residential
purposes, unless such uses of property are incidental to any necessity
for the carrying out of any business or occupation lawfully being
carried on upon the property in question.
[Amended 9-11-2014 by Ord. No. 249]
(a)ย
The owners, if possible, and the occupant of any property upon which
any of the causes of blight or blighting factors set forth in ยงย 10-173
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. Such notice may be served
personally or by registered mail, return receipt requested. Additional
time may be granted by the enforcement officer where bonafide efforts
to remove or eliminate such causes of blight or blighting factors
are in progress.
(b)ย
Failure to comply with such notice within the time allowed by the
owner and/or occupant shall constitute a violation of this article.
(c)ย
Any person, firm, association, partnership, corporation or governmental
entity who violates any of the provisions of this article shall be
deemed to be responsible for a municipal civil infraction as defined
by Michigan Statute which shall be punishable by a civil fine determined
in accordance with the following schedule:
Minimum Fine
|
Maximum Fine
| ||
---|---|---|---|
1st Offense within 3-year period*
|
$75
|
$500
| |
2nd Offense within 3-year period*
|
$150
|
$500
| |
3rd Offense within 3-year period*
|
$300
|
$500
| |
4th or More Offense within 3-year period*
|
$500
|
$500
| |
*Determined on the basis of the date of commission of the offense(s).
|
Additionally, the violator shall pay costs which may include
all expenses, direct and indirect, to which the Township has been
put in connection with the municipal civil infraction. In no case,
however, shall costs of less than $9 or more than $500 be ordered.
In addition, the Township shall have the right to proceed in any court
of competent jurisdiction for the purpose of obtaining an injunction,
restraining order, or other appropriate remedy to compel compliance
with this article. Each day that a violation exists shall constitute
a separate offense.
|
[Added 3-11-1971 by Ord.
No. 119]
(a)ย
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 neighborhoods. On
and after the effective date of the ordinance from which this article
is derived, 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 any property in the Township of Paw Paw owned, leased,
rented or occupied by such person, firm or corporation.
(b)ย
In any area the storage for over 30 days upon any property of junk
motor vehicles or farm machinery or equipment or partially disassembled,
damaged or inoperative motor vehicles or farm equipment, or motor
vehicles or farm equipment that have major parts missing including
but not limited to missing fenders, radiators, windows, wheels, drive
trains, transmissions, engines, carburetors, doors and the like except
where located within authorized junkyards or except where owned by
the occupant of the premises and stored within a wholly enclosed building.
For the purposes of this article the term "junk motor vehicle" shall
also include any motor vehicles which have not been licensed for use
on the highways of the State of Michigan for a period in excess of
six months.