BENTLEY TOWNSHIP BLIGHT ORDINANCE
100
SECTION
1: PURPOSE
The purpose
of this ordinance is to limit and restrict the outdoor storage, parking or
unreasonable accumulation of junk, unused, partially-dismantled, unlicensed, or
non-operating vehicle(s), trailers, or new or used parts therefore upon
premises primarily used or zoned for any type of residential purpose with the
township; to thereby avoid injury and hazards to children and others attracted
to such vehicles or trailers, the devaluation of property values and
psychological ill effect of the presence of such blighted structures, vehicles,
trailers upon adjoining residents and property owners.
101
SECTION
2: INTENT
101 a. It is the intent of this ordinance to establish
guidelines and standards concerning the storage of items that, if not
regulated, would have a potential effect to devalue property, or have negative
effects on the health and welfare of the community.
101 b. It is not the intent to interfere with normal
and good practice of farm operations, farm lands or forest lands, and does not
apply to motor driven vehicles unlicensed but used entirely for off-highway
work on agriculturally-zoned land. Further, it does not discourage the keeping
and/or restoration of vehicles having antique or classic value and other
vehicles stored temporarily that are not in junk or salvage condition.
101 c. Nothing in this ordinance shall be construed to
abrogate, affect, or supersede any applicable state law or county ordinances,
regulations, or authority. It is the purpose of this ordinance to supplement
state laws and to regulate the storage and accumulation of junk in the absence
of regulation by state law or ordinances.
102
SECTION
3: DEFINITIONS
102 a. Blighted Structure. A “blighted structure” includes
without limitation, any dwelling, garage or out-building, warehouse, or any
other structure of part of a structure which because of fire, wind, or other
natural disaster, physical deterioration, demolition or partial demolition as a
dwelling, nor useful for the purpose for which it may have been intended, or
has uncovered openings which may provide unrestrained access to enter the
structure. An incomplete building structure in the course of construction is
not a blighted structure if it is the subject of a valid existing building
permit.
102 b. Building or Construction Materials. Means
any material which is used for building or construction purposes and is not
present on the property natively in its natural state. This term
includes, but is not limited to, lumber, stone, drywall, bricks, and masonry,
concrete, cement, metal rebar, and similar materials.
102 c. Car. The term “car” includes, but is not limited to,
automobiles, trailers, off road vehicles, motor bikes, mopeds, and/or any other
vehicle propelled by an engine, battery, or other type of energy force that is
applied manually or automatically, in disrepair.
102 d. Farm Equipment. Farm equipment is defined as that
equipment necessary to complete the tasks of planting, irrigating, cultivating,
and harvesting crops, or related to the care, feeding, and housing of
livestock.
102 e. Junk or Trash. The terms of “junk” and “trash” are
used synonymously and each as herein used, shall include without limitation,
the following:
a. Used articles or used pieces of: iron,
scrap metal, automobile bodies or parts of machinery, or junked or discarded
machinery, furniture, appliances, used lumber which may be used as a harborage
for rats, ashes, garbage, industrial by-products or waste, empty cans, food
containers, bottles, crockery, utensils of any kinds, boxes, barrels and all
other articles. Abandoned possessions such as an icebox, refrigerator, freezer,
or any other abandoned personal belongings shall be deemed junk and removed
accordingly.
102 f. Inoperative or dismantled cars and/or trailers. The
term “inoperative or dismantled cars and/or trailers” refers to cars and
trailers that are inoperative or in disrepair.
102 g. Trailer. “Trailers” as used in this ordinance means a
vehicle including trailer, house, car, or any vehicle or structure mounted on
wheels or capable of being propelled from place to place, either by its own
power or power supplied by some vehicle attached or to be attached thereto, and
being used for transporting boats, equipment, furniture, vehicles, or any other
products or devices, including living or sleeping quarters in disrepair or not
in normal use for a period of one (1) year.
103
SECTION
4: PROHIBITED CONDUCT AND STANDARDS FOR STORAGE OR PERSONAL PROPERTY
103 a. No person owning or occupying property within the
township shall accumulate, place, or allow or permit the accumulation or
placing of trash or junk or inoperative or dismantled cars and/ or trailers on
any property, except in a sanitary landfill licensed by the State of Michigan,
in a junk yard duly licensed by the township, or in receptacles for not longer
than twenty (20) days while awaiting lawful disposal.
103 b. Farm equipment shall be stored neatly on the farm
property. If any farm equipment could also be defined as junk or trash, it
shall be stored in a manner so that it is not visible from the road or from
adjacent parcels, or housed in an enclosed building.
103 c. No person shall park special mobile equipment such as
farm tractors, mobile tool shed trailers,
ditch-digging apparatus, well-boring and well- servicing equipment, or cranes
on a public right of way within the township except when such equipment is being
used for an ongoing municipal or a private project pursuant to an appropriate
permit.
104
SECTION 5: EXCEPTIONS
104 a. This ordinance shall not apply to areas within the
township of where property fenced with opaque fencing or landscaping so as to
render such personal property to be generally visible from public roadways or
access by the general public is otherwise restricted wherein the substances or
materials shall not constitute a fire hazard or a health hazard.
104 b. After approximately thirty (30) days conduct, another
inspection of the property will be made. If progress is being made an extension
can be made of another thirty (30) days.
104 c. After extension has passed and property is not passing
the ordinance then a municipal civil infraction is issued to the property
owner.
105
SECTION
6: PUBLIC COMPLAINTS
All
complaints from the public regarding alleged violations of this ordinance must
be completed on the prescribed complaint form, signed and submitted in writing
to any Bentley Township Board Member.
106
SECTION
7: VIOLATION AND ENFORCEMENT
106 a. Enforcement Officer. The Township Ordinance
Enforcement Officer shall herein be defined as the person designated by the
Bentley Township Board.
106 b. Violation as Municipal Civil Infraction. Any person or
other entity who violates any provision of this ordinance is responsible for a
municipal civil infraction as defined by Michigan law and subject to a civil
fine of not more than $500.00, plus costs, which may include all direct or
indirect expenses to which the township has been put in connection with the
violation, as permitted by law. In no case, however, shall costs of less than
$9.00 or more than $500.00 be ordered. Each day that a violation shall continue
constitutes as a separate offense.
106 c. Injunctive Relief. All violations of this ordinance or
any part thereof are declared a nuisance per se. In addition to any other
remedy available at law, 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 compel compliance with this ordinance.
107
SECTION
8: SEVERABILITY
Should any
section, clause or provision of this ordinance be declared by the courts to be
invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part declared to be invalid.
108
SECTION
9: EFFECTIVE DATE
This
ordinance will take effect thirty (30) days following publication hereof in the
Gladwin County Record on ______November 20th 2011____________.
CODE OF COMPLIANCE PROCEDURAL
INSTRUCTIONS
STEP ONE:
The township
receives a complaint regarding an infraction to an ordinance that has been
adopted within its jurisdiction.
STEP TWO:
The township
forwards a request for investigation to the Township Code Compliance Officer
for alleged violations of the ordinance.
STEP
THREE:
The Township
Code Compliance Officer investigates for alleged violations of township
ordinances.
STEP
FOUR:
The Township
Code Compliance Officer photographs the property where the alleged violations
are reported from the public access. The Code Compliance Officer also prepares
a written report regarding the finds of the investigation.
STEP
FIVE:
The Township
Code Compliance Officer goes to the property in violation with pictures and a
copy of the ordinance and give the violators thirty
(30) days to comply with the ordinance.
BENTLEY TOWNSHIP BLIGHT COMPLAINT
FORM
DATE: ___________________________
NAME:
_________________________________________________________________
ADDRESS:
___________________________________________________________________
_____________________________________________________________________________
COMPLAINT:
_________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
NAME OF PERSON MAKING COMPLAINT:
______________________________________
_____________________________________________________________________________
ADDRESS:
___________________________________________________________________
_____________________________________________________________________________
PHONE:
_____________________________________________________________________
SIGNATURE: ________________________________________________________________
THIS
FORM MUST BE COMPLETED TO BE A FORMAL COMPLAINT.
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FOR BLIGHT OFFICER
1ST NOTIFICATION:
___________________________________________________________
2ND NOTIFICATION:
___________________________________________________________
3RD NOTIFICATION:
___________________________________________________________
RESOLVED:
__________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________