[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:
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.
