ORDINANCE #9-2015 Reduction or Elimination of Blight

 ORDINANCE #9-2015

REDUCTION OR ELIMINATION OF BLIGHT, BLIGHTING FACTORS OR CAUSES OF BLIGHT WITHIN THE VILLAGE OF BARRYTON, MECOSTA COUNTY, MICHIGAN, AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF.

THE VILLAGE OF BARRYTON, MECOSTA COUNTY, MICHIGAN ORDAINS:

Section 1:            Purpose. Consistent with the letter and spirit of Public Act 344 of 1945, as amended (MCL 125.71 et seq.), it is the purpose of this Ordinance to prevent, reduce or eliminate blight or potential blight in the Village of Barryton, Mecosta County, Michigan by the prevention or elimination of certain environmental causes of blight or blighting factors.

Section 2:            Causes of Blight or Blighting Factors. It is hereby determined that the following uses, activities and structures are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On or after the effective date of this Ordinance it shall be unlawful for any person, corporation or other entity to maintain or permit to be maintained any of the following causes of blight or blighting factors upon any property in the Village of Barryton, Mecosta County, Michigan owned, leased, rented or occupied by such person, corporation or other entity:

  1. Outdoor Storage of Junk Motor Vehicles. The term “junk motor vehicles” shall include any motor vehicle which is not licensed for use upon the highways of the State of Michigan and any motor vehicle, whether licensed or not, which is inoperable. “Inoperable” means incapable of being operated or propelled under its own power by reason of dismantling, disrepair or any other cause. Any motor vehicle which has a main component part missing or unattached shall be construed as being dismantled or in a state of disrepair. No junk motor vehicles shall be parked, kept or stored on any premises of real property within the Village of Barryton for more than 14 days except in a completely enclosed garage or other building or at a state licensed business that engages in the sale, repair, or dismantling of motor vehicles; provided however that one unlicensed, but operable motor vehicle, may be displayed for sale outdoors by the owner of said vehicle on his/her premises, for a period not exceeding sixty days; and provided further that operable motor vehicles which are for sale and displayed at a licensed and established new or used motor vehicle dealership may be stored outdoors; and inoperable motor vehicles may be parked and kept outdoors on the premises of a motor vehicle repair garage facility for a period of thirty days, with an additional thirty day extension upon presentation to the enforcing officer of written proof that the offending vehicle is involved in insurance claim litigation and that additional time is required for settlement before the vehicle can be moved.
  2. Outdoor Storage of Junk Recreational Vehicles, Equipment and Watercraft. The term “junk recreational vehicles, equipment and watercraft” shall include, but is not limited to any motor home or motorized dwelling, travel trailer, pickup camper, pop-up trailer, tent trailer, and similar equipment, boat, pontoon boat, watercraft, boat trailer or other device designed for water recreational purposes all of which are not registered with the State of Michigan, and shall also include, whether registered or not, all of the foregoing items which are inoperable for any reason. “Inoperable” means incapable of being propelled under its own power or being unable to operate or function by reason of dismantling, disrepair or any other cause. Any of the mentioned items which have a main component part missing or unattached shall be construed as being dismantled or in a state of disrepair. No junk recreational vehicles, equipment and watercraft shall be parked, kept or stored on any premises of real property within the Village of Barryton for more than 14 days except in a completely enclosed garage or other building; provided however that one unlicensed, but operable recreational vehicle, equipment and watercraft may be displayed for sale outdoors by the owner of same on his/her premises, for a period not exceeding sixty days; and provided further that recreational vehicles, equipment and watercraft which are for sale or on the premises of a licensed and established new or used recreational vehicle, equipment and watercraft dealership for storage or repair may be stored outdoors.
  3. Outdoor Storage of Junk Machinery and Equipment. The term “junk machinery and equipment” shall include all machinery and equipment which is inoperable. “Inoperable” means incapable of being propelled under its own power or being unable to operate or function by reason of dismantling, disrepair or any other cause. No junk machinery or equipment shall be parked, kept or stored on any premises more than 14 consecutive days except in a completely enclosed garage or other building.
  4. Outdoor Storage of Building Materials. Building materials shall include, but 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, fence posts and fencing material of either wood or metal, or any other materials used in constructing any structure or fence. No building materials shall be kept or stored on any premises except in a completely enclosed garage or other building; provided however, that the outdoor orderly storage of building materials is permitted for any premises for which there is in full force and effect a valid building permit for construction upon the premises, and the materials are intended for use in connection with such construction.
  5. Accumulation of Rubbish and Garbage. The term “rubbish” shall include all combustible and noncombustible waste materials, including but not limited to: bottles, glass, cans, metals, paper, cartons and boxes, rubber, leather, parts of machinery or motor vehicles, appliances stored in the open, remnants of wood, metal or any other materials and/or building materials, or other cast-off material of any kind whether or not the same could be put to any reasonable use. The term “garbage” shall include the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. All premises shall be kept free from the accumulation of rubbish or garbage. All rubbish and garbage shall be placed in containers for waste haulers and shall not be exposed to a public road except at 6pm or after the day before that same is to be removed from the premises.
  6. Uninhabitable Dwelling. 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.
  7. Vacant Dwelling. The existence of any vacant dwellings, garage or other outbuildings unless same are kept securely locked with windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals or unauthorized members of the public.
  8. Partially Completed Structure. 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, and unless such construction is completed within a reasonable time, according to the building permit.
  9. Graffiti – Graffiti including but not limited to words, symbols or drawings on the exterior of any building, fence, wall, pole, sidewalk, tree or other structure must be removed within fifteen (15) calendar days of written notice to the property owner, tenant or occupant.
  10. Solid Waste – The existence of solid waste such as excessive animal feces or human waste on the property.
  11. Outside Placement of Indoor Furniture – No person shall store, collect, park, leave, deposit, maintain, reserve, put aside for future use, permit or allow on any porch, balcony, roof, or in a yard, except in a completely enclosed building or structure, any upholstered furniture, furniture, mattresses, appliances, materials and other similar products not designed, built, and manufactured for outdoor use unless such is in an enclosed porch or balcony.
  12. Exterior Surfaces – Buildings or structures with damaged or defective building exteriors, that are unpainted (except color coated or natural finish coated), or where the paint on the building exterior is mostly worn off, cracked or peeling; or where roofing or other exterior materials or components are deteriorated, mostly infected with dry rot, or warped so as to constitute an unsightly blighted appearance, or that contributes to property degradation.
  13. Fences, Gates and Walls-It shall be unlawful for any person owning, leasing, occupying or having charge of any property within the Village of Barryton to allow any fence, gate, wall or similar structure on the property to sag, lean, or have missing boards or bricks, or to be fallen over or collapsed, or to be otherwise be in an obviously unsafe condition, or to constitute an unsightly appearance, or be left in a state of partial construction or disrepair.
  14. Obstructions in the Right-of-Way- It shall be unlawful for any person owning, leasing, occupying or having charge of any real property within the Village of Barryton, or owner of any personal property, to maintain such property in such a manner that any of the following conditions are found to exist thereon:

(a) Shopping Carts – The abandonment of shopping carts visible from the public right-of-way on private or public property is prohibited. Commercial businesses that provide shopping carts for customer use are responsible for retrieving their carts from public property.

(b) Sight Obstruction – The accumulation of any material, the placement of any object, or any overgrown vegetation on private property that obstructs the view of drivers on public streets or alleys.

(c) Physical Obstruction – The placement of any object in the public right-of-way including, but not limited to the following:

(1) Portable recreation equipment such as basketball hoops, hockey nets and skateboard ramps;

(2) Abandoned, discarded or dilapidated objects, such as broken or neglected equipment, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, salvage materials, firewood, plant cuttings, scrap materials or similar materials;

(3) News racks, newsstands, mailboxes of any kind, or benches, or any other object in the public right-of-way in such a manner as to impede vehicular, bicycle, or pedestrian traffic.

15. Tents, Shelters, Canopies and Tarps-Portable tents, shelters, canopies and tarps made of any material are not permitted on any property if used in the front yard and street side yard for permanent use. Temporary use of these types of structures and covers is allowed. Temporary use is considered thirty (30) calendar days or less. In addition, tarps shall not be used as a permanent shield or patio cover.

16. Dangerous Conditions to Children-It is unlawful for any person owning, leasing, occupying or having charge of any property within the Village of Barryton to maintain such property in such manner that an attractive nuisance exists. Attractive nuisances generally considered dangerous to children include, but not limited to the following:

(a) Abandoned, broken or neglected appliances such as refrigerators or freezers; or

(b) Abandoned and broken equipment or vehicles.

Section 3:            Enforcement and Violations.

  1. This Ordinance will be enforced by Village police officers and code enforcement officers, who are hereby authorized by the Village Council of the Village of Barryton, Michigan, to issue municipal civil infraction citations for violations of this ordinance.
  2. Any disabled or inoperable motor vehicle or Junk Recreational Vehicles, Equipment and Watercraft kept or stored in a manner contrary to this ordinance will be affixed with a sticker explaining that the motor vehicle must be repaired, registered and licensed in compliance with this section, moved within a completely enclosed building, or moved to a state licensed business engaged in the sale, repair, or dismantling of motor vehicles, within 14 days of the date the sticker is placed on the motor vehicle, Junk Recreational Vehicle, Equipment or Watercraft. A record will be kept of the date and time the sticker is placed on the motor vehicle, Junk Recreational Vehicle, Equipment or Watercraft and the location of the motor vehicle, Junk Recreational Vehicle, Equipment or Watercraft as well as the disabled or inoperable status of the motor vehicle, Junk Recreational Vehicle, Equipment and Watercraft.
  3. Upon expiration of the 14 days reflected on the sticker, the registered owner of the motor vehicle, Junk Recreational Vehicle, Equipment or Watercraft and/or the owner of the real property where the motor vehicle, Junk Recreational Vehicle, Equipment or Watercraft is kept or stored contrary to the terms of this section can be cited by way of a Village civil infraction ticket for a violation of this section. Each day after the 14 days will constitute a separate violation of this section.
  4. The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in Section 2 that is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within ten (10) days after service of the notice upon him/her/them. Such notice may be served personally or by certified mail, return receipt requested, addressed to the owner at the address shown on the latest Village of Barryton Tax Roll, and to the occupant at the address of the premises involved. A copy of this Ordinance shall be mailed or delivered with said Notice. Additional time may be granted by the Enforcement Officer where, in his or her opinion, bonafide efforts to remove or eliminate the causes of blight or blighting factors are being made.
  5. Failure to comply with such notice within the time allowed, by the owner and/or occupant, shall constitute a violation of this Ordinance.

Section 4:            Sanctions.

  1. The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.
  2. The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.
  3. Additionally the violator shall pay costs of not more than $500.00, a justice system assessment as provided by Michigan Statute, and all other damages and expenses, whether direct or indirect, which the Village of Barryton, Mecosta County, Michigan has incurred in connection with the violation, including all expenses that the Village of Barryton incurs in removing the blight. A violator of this Ordinance shall also be subject to such additional sanctions, remedies and judicial orders as are authorized under MCL 600.8302 (4).
  4. In the event the Defendant does not pay the civil fine, costs, justice system assessment, and all other direct or indirect damages and expenses incurred by the Village of Barryton, Mecosta County, Michigan within thirty days after payment is due, the village may obtain a lien against the offending real estate for any violation involving the use or occupation of land or any building or other structure located thereon.
  5. Each day a violation of this Ordinance continues to exist constitutes a separate violation.
  6. The Village Council of the Village of Barryton, Mecosta County, Michigan may further institute injunction, mandamus, abatement, or any other appropriate action, or proceedings to prevent, enjoin, -abate or remove any blight or blighting factors. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.

Effective Date.

The Village of Barryton establishes a six (6) month educational period from the adoption of this Ordinance #9-2015, during which only notices of violations will be issued with material outlining the provisions of this Ordinance. Health and safety violations are exempt from this provision.

The village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE AMENDMENT SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.

Yeas___5___ Nays___0___

Ordinance declared:___Adopted______________

Published :_______April  17, 2015________  Effective Date:____May 8, 2015__________

 

___Deb Buehner______                                                      ___Jennifer Trelfa___________

Village President                                                                              Village Clerk