(A) It is hereby determined that the storage or accumulation of trash, junk, second-hand materials, junk vehicles, abandoned vehicles, building materials and the maintenance of blighted structures upon any private property within the Village of Birch Run tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, the increase in criminal activity and therefore is contrary to the public peace, health, safety and general welfare of the community.
(B) It shall be unlawful for any person to store, or to permit the storage or accumulation of trash, rubbish, second-hand materials, junk, junk vehicles nor to abandon same on any private property in the village except within a completely enclosed building or upon the premises of a properly zoned or legally operating, licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in second-hand goods or junk, operator of an automobile repair garage and/or automobile wrecker business.
(C) It shall be unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store or warehouse unless the same is kept securely locked, the windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by unauthorized persons or unless the structure is in the course of construction in accordance with a valid building permit issued by the Village of Birch Run, and unless the construction is completed within a reasonable time.
(D) It shall be unlawful for any person to store or permit the storage or accumulation of building materials on any private property, except in a completely enclosed building or except where the building materials are part of the stock in trade or business located on the property, or except when the materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the Village of Birch Run and unless the construction is completed within a reasonable time.
(E) It shall be unlawful for any person to place or store interior type furniture which would be adversely affected by the elements and/or susceptible to infestation by insects, rats, or other vermin, outside a structure or in a covered and/or uncovered porch. Such prohibited furniture shall include, but not be limited to, upholstered couches and chairs or other fabric-covered articles not designed or intended for exterior use. This division shall not apply during a lawful yard sale or garage sale while such furniture is offered for sale; nor shall it apply while such furniture is otherwise lawfully held for garbage collection or recycling at the curbside or other such area designated by the village for such pickup.
(F) A violation of the provisions of this section shall be a municipal civil infraction. If, upon inspection, the Village Building Inspector, Zoning Administrator, Ordinance Enforcement Officer, any Village Police Officer, deputy sheriff, Fire Inspector, health officer, Village Manager or County Health Officer shall find that any property within the village is being used in violation of the above sections of this subchapter, the owner and/or occupant shall be notified of the violation which may be given by a certified letter to the owner or occupant as it appears on the tax rolls of the Village of Birch Run or by service upon the occupant personally by any official of the Village of Birch Run or the Saginaw County Health Department, or as the Village Council shall otherwise provide. The notice shall provide that the violation be abated by repair or removed within not less than two nor more than 60 days.
(G) If the owner and/or occupant of the premises shall not cause the materials in violation of this subchapter, as described above, to be abated or removed within the time prescribed in the notice, the village shall proceed to secure compliance as provided in Chapter 35. Further, the village may institute in an appropriate court injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any violations of this subchapter.
(Ord. 03-03, passed 6-23-2003; Ord. - -, passed 9-22-2014) Penalty, see §
93.99