Township of Paw Paw, MI
Van Buren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Township of Paw Paw as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-1971 by Ord. No. 118; amended 3-8-1973 by Ord. No. 124; 1-10-1980 by Ord. No. 150]
To promote the public health, safety and welfare and protect the environment, it is the purpose of this article to limit and restrict the outdoor storage and unreasonable accumulation of junk, unused, dilapidated, unlicensed and disassembled motor vehicles, road tractors, trailers and semi-trailers within Paw Paw Township.
No person, firm or corporation shall park or store on any premises within the Township except within a duly licensed junkyard more than one motor vehicle which has been unlicensed for more than six months or which for more than 30 days has been in an inoperable condition or which cannot be propelled under its own power or which has any major part missing thereon including but not limited to missing fenders, radiators, windows, wheels, drive trains, transmissions, engines, carburetors, doors and the like.
(a) 
Any motor vehicle, road tractor, trailer or semitrailer is defined as junk, inoperable, dilapidated, disassembled, or unlicensed if any of the following conditions are present:
(1) 
If a motor vehicle or road tractor, it cannot be propelled under its own power.
(2) 
Is in inoperable condition.
(3) 
Has any major part missing, including but not limited to fenders, windows, wheels, transmissions, engines, carburetors, doors, axles, beds, or the like.
(4) 
Which, although all parts are present, remains in a dismantled or disassembled condition.
(5) 
Is not currently licensed in accordance with the laws of the State of Michigan.
(b) 
A person is defined as any natural person, or firm, partnership, corporation, association, or other legal entity.
(a) 
No person shall store, park, or permit to be stored or parked any junk, inoperable, dilapidated, disassembled, or unlicensed motor vehicle, road tractor, trailer, or semitrailer within Paw Paw Township outside of a fully enclosed building or structure except:
(1) 
Within the confines of a duly licensed junkyard; or
(2) 
If the vehicle is unlicensed only, is parked or stored upon the premises of a new or used car dealer who is currently licensed by the State of Michigan as such, when within a commercial or industrial zone of the Township.
All junk, inoperable, dilapidated, disassembled, or unlicensed motor vehicles, road tractors, trailers, or semitrailers parked, stored, or permitted to be parked or stored in Paw Paw Township, except in accordance with this article, are declared to be a nuisance per se.
A ten-day notice of violation shall be given in writing to the owner or occupant of any premises on which a violation of this article is present, either by personal service or by certified mail, or by leaving the notice with an adult person on the premises, or by posting the notice in two places on the premises, in which latter case a copy shall be sent by ordinary mail to the owner or occupant at his last known address.
Any person who shall fail, neglect, or refuse to correct such violation within 10 days shall be in violation of this chapter, and each day of violation shall constitute a separate offense.
[Amended 6-11-1981 by Ord. No. 154; 2-13-2014 by Ord. No. 246]
Any person, firm, association, partnership, corporation or governmental entity who violates any of the provisions of this ordinance 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. Any person responsible for a violation of this ordinance whether as an owner of the premises, lessee, licensee, agent, contractor, servant, employee, or otherwise, shall be liable as a principal.
[1]
Editor's Note: Former § 38-27, regarding abatement of nuisances, was repealed 2-13-2014 by Ord. No. 246.