(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BLIGHTED PROPERTY. Property that meets any of the following criteria:
(a) The property has been declared a public nuisance in accordance with a local housing, building, plumbing, fire or other related code or ordinance;
(b) The property is an attractive nuisance because of physical condition or use;
(c) The property is a fire hazard or is otherwise dangerous to the safety of persons or property;
(d) The property has had the utilities, plumbing, heating or sewerage disconnected, destroyed, removed or rendered ineffective for a period of one year or more so that the property is unfit for its intended use;
(e) The property is tax reverted property owned by a municipality, by a county or by this state. The sale, lease, or transfer of tax reverted property by a municipality, a county or this state shall not result in the loss to the property of eligibility for any project authorized under this Act for the rehabilitation of a blighted area, platting authorized under this Act, or tax relief or assistance, including financial assistance, authorized under this Act or any other act;
(f) The property is owned or is under the control of a land bank fast track authority under the Land Bank Fast Track Act, Public Act 258 of 2003, being M.C.L.A. §§ 124.751 through 124.774. The sale, lease, or transfer of the property by a land bank fast track authority shall not result in the loss to the property of eligibility for any project authorized under this Act for the rehabilitation of a blighted area, platting authorized under this Act, or tax relief or assistance, including financial assistance, authorized under this Act or any other Act;
(g) The property is improved real property that has remained vacant for five consecutive years and that is not maintained in accordance with applicable local housing or property maintenance codes or ordinances; and
(h) The property has code violations posing a severe and immediate health or safety threat and has not been substantially rehabilitated within one year after the receipt of notice to rehabilitate from the appropriate code enforcement agency or final determination of any appeal, whichever is later.
(B) It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighting and undesirable neighborhoods. On and after the effective date of this subchapter, no person, firm or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the village owned, leased, rented or occupied by such person, firm or corporation:
(1) The storage or accumulation of junk, trash, rubbish or refuse of any kind without a landfill permit, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed 15 days. The term JUNK shall include abandoned, discarded or unused objects; equipment such as boats and recreation vehicles which are unregistered and/or missing parts or disabled or deteriorated or in an obvious state of disrepair; and machinery parts, furniture, appliances, cans, boxes, scrap metal, tires, batteries, remnants of woods, metal or any other material or other cast-off material of any kind, and garbage which are in public view, stored in the open, visible from any public right-or-way or neighboring property at street level, whether or not the same could be put to any reasonable use;
(2) The existence of any structure or part of any structure, remnant of structure or part of any structures which for any reason is no longer habitable if a dwelling, or useful for any other reasonable purpose;
(3) The existence of any vacant dwelling, garage or other outbuilding, unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals or other unauthorized persons;
(4) The existence of any partially completed structure, unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the county, and unless such construction is completed within a reasonable time;
(5) The storage or accumulation of building materials, unless there is in force a valid building permit issued by a municipality with the power and jurisdiction to do so, for construction with such materials; or where such building materials are part of the stock in trade of a business located on the property where the materials are stored, in which case the materials must be stored in such a manner as not to create a nuisance;
(6) The storage of house trailers, mobile homes, campers or recreational vehicles in disrepair or not in normal use for a period of one year;
(7) Decayed, dead, diseased or damage trees constituting a hazard or danger to persons or to public property;
(8) Wood on premises for heating which is not stacked and which physically hinders or interferes with the lawful use of abutting premises or blocks or interferes with the use of any public sidewalk, alleyway, street or signage; and
(9) Grass, weeds or other vegetation, excluding flowers, fruit and vegetables, which is allowed to reach and remains at a height of one foot for a period of two weeks (14 days) or longer.
(Ord. 146, passed 10-16-2018) Penalty, see § 150.99