[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 10-13-1993 by Ord. No.
66. Amendments noted where applicable.]
The following uses, structures and activities are determined
to be blight or, if allowed to exist, will result in blighted and
undesirable neighborhoods. No person, firm or corporation shall maintain
or permit to be maintained any of these causes of blight upon any
property owned, leased, rented or occupied by such person, firm or
corporation in the Charter Township of Midland.
A.
In any area, the existence of any structure or part of any structure
which, because of disrepair, fire, wind or other natural disaster
or physical deterioration, is no longer habitable, if a dwelling,
nor useful for any other purpose of which it is intended.
B.
In any area, the existence of any partially unenclosed structure
unless such structure is in the course of construction in accordance
with a valid and existing building permit issued by the Township.
C.
In any area, the storage or accumulation of junk, trash, rubbish
or refuse of any kind without a landfill permit, except domestic refuse
stored in containers for a period not to exceed 15 days.
D.
In any area zoned for residential purposes, the open storage upon
any property of building materials unless there is in force a valid
building permit issued by the Township for construction upon said
property and said materials are intended for use in connection with
such construction.
A.
All buildings and parts thereof erected either before or after the effective date of this chapter shall be completed in accordance with the building permit issued therefore within two years from the issuance of a building permit, pursuant to § 300-77D(4), Duration of building permit, of Chapter 300, Zoning, of the Code of the Charter Township of Midland. If not so completed, the homeowner shall put the property back in safe condition ("safe condition" shall be at the discretion of the Township Building Inspector), or it may be torn down and removed from the property and any excavation thereunder filled to grade level.
B.
No building, structure or uninhabited residence, whether now existing
or hereafter erected, shall be left in a dangerous or hazardous condition
by virtue of disrepair, depreciation, damage by fire, collapse, or
act of God, or by virtue of any other cause, but shall be forthwith
repaired or rehabilitated, and the dangerous or hazardous condition
removed by the owner or occupant thereof, or, in the alternative,
torn down and removed, and any excavation thereunder filled to grade
level. Such repairs or rehabilitation shall comply in all respects
with the provisions of the Township building, plumbing and electrical
codes governing such buildings.
C.
Accumulation of rubbish.
(1)
Except as provided in Subsection D below, every tract of land within the Township shall be kept clean and free from the accumulation of rubbish, garbage, junk, refuse, debris, waste or other matter of similar kind, or any part or parts of motor vehicles; tires; refuse from repair, alterations or demolition of buildings; used building materials, including, but not 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 and other materials; machines or equipment in whole or in part; or any other discarded materials of any kind whatever.
(2)
Definition.
"Rubbish" is herein defined as including, but not limited to, paper,
rags, wood, and, when not used for composting, grass, leaves, tree
and shrubbery trimmings; furniture, boxes, tin cans, tinware, steel
scrap, auto parts, other metallic substances, bottles, glassware,
and the like.
D.
The owner or occupant of every tract of land where rubbish accumulates
as incidental to the primary use of the tract shall provide proper
receptacles for the same which shall be removed at least every 15
days to avoid an undue accumulation of the same or provide an enclosed
structure for storage. Such receptacles or structures shall be located
within private property lines and not upon public property. Receptacles
that are badly broken or unfit for the purposes herein described or
do not meet the requirements of this chapter may be classified as
rubbish and after due notice to the user may be removed by the Township.
The owner or owners of each and every tract of land within the
Township and any person occupying or controlling the property shall
be responsible for keeping the entire premises free and clear from
all such matter as described in this chapter. The responsibility of
an occupant shall not relieve the owner or owners thereof from complying
with this chapter.
A.
Any person or other entity who violates any provision of this chapter
is responsible for a municipal civil infraction as defined by Michigan
law and subject to a civil fine of not more than $500, plus costs,
which may include all direct or indirect expenses to which the Township
has been put in connection with the violation. In no case however,
shall costs of less than $9 nor more than $500 be ordered. In addition,
all violations of this chapter are declared a nuisance per se. The
Township specifically reserves the right and shall have the authority
to proceed in any court of competent jurisdiction for the purpose
of obtaining an injunction, restraining order or other appropriate
remedy to abate said nuisance and to complete compliance with this
chapter.
[Amended 4-12-1995 by Ord. No. 75]
B.
All property, premises and activities in violation of this chapter
are hereby declared to be a nuisance per se and shall entitle the
Township to institute and receive injunctive or other equitable relief
to prevent or enjoin any violation of the provisions of this chapter.
The rights, remedies and penalties provided herein are cumulative
and shall, further, be in addition to other remedies provided by law.
C.
This chapter shall be enforced by such person or persons as may be
designated by the Charter Township of Midland Board of Trustees.
