The following are hereby declared to be nuisances:
(A) The keeping or storage of building materials outside on private property unless there is in force a valid building permit from the county’s Building Department for construction on that property and the building materials are for use in such construction;
(B) The keeping or storage of ashes, junk, garbage or rubbish outside of a totally enclosed structure on private property, except in a sealed container designed for the purpose of holding such ashes, junk, garbage or rubbish;
(C) The placing of ashes, junk, garbage or rubbish on private property without the owner’s permission or on public property. This provision applies regardless of whether the ashes, junk, garbage or rubbish is in a sealed container;
(D) The keeping or storage of ashes, junk, garbage or rubbish on private property, including inside a building, in such a manner that the items, regardless of the method of containment, have become a breeding ground, food source or habitation of insects or vermin;
(E) Intentional depositing of liquid petroleum crude oil, liquid petroleum crude oil by-products and derivatives or liquid industrial wastes on the ground;
(F) A “dangerous building”, as defined in M.C.L.A. § 125.539, as amended, or otherwise defined herein, which includes any building or structure, residential or otherwise, that has one or more of the following defects or is in one or more of the following conditions:
(1) A door, aisle, passageway, stairway or other means of exit does not conform to the applicable Fire or Building Code;
(2) A portion of the building or structure is damaged by fire, wind, flood or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of the Housing Law of the state, Public Act 167 of 1917, as amended, being M.C.L.A. §§ 125.401 et seq., or the applicable Building Code for a new building or structure, purpose or location;
(3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse, and injure persons or damage property;
(4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by the Housing Law of the state, Public Act 167 of 1917, as amended, being M.C.L.A. §§ 125.401 et seq., or the applicable Building Code;
(5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way; and
(6) The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used, or otherwise determined by the Enforcement Agency to be unsafe due to any of the following defects or because it is in any of the following conditions:
(a) A structure, because of dilapidation, decay, damage, faulty construction or otherwise which is unsanitary or unfit for human use;
(b) A structure or portion of a structure with significant decay or dilapidation due to neglect or deterioration that renders it unfit for its intended use, including damage to the roof or ceilings, walls or windows or entrances;
(c) The building or structure, or a part of the building or structure, has light, air or sanitation facilities which are inadequate to protect the health, safety or general welfare of those who live or may live within;
(d) The building or structure, or a part of the building or structure, is hazardous to the safety, health or general welfare of the people of the city by reason of inadequate maintenance, dilapidation or abandonment;
(e) The building or structure, or a part of the building or structure, has been damaged by fire, wind, flood or by any other cause to such an extent as to be dangerous to the life, safety, health or general welfare of the people living in the city;
(f) The building or structure, or a part of the building or structure, has become damaged to such an extent that the cost of repair to place it in a safe, sound and sanitary condition exceeds the state equalized value of the building or structure of the structure, at the time when repairs are to be made;
(g) The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act;
(h) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the health officer of the city or county determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling;
(i) A building or structure is vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers; and
(j) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Art. 25 of the Occupational Code, Public Act 299 of 1980, being M.C.L.A. §§ 339.2501 et seq., or is not publicly offered for sale by the owner. This division (F)(6)(j) does not apply to either of the following:
1. A building or structure as to which the owner or agent does both of the following:
a. Notifies the city’s Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given by the owner or agent not more than 30 days after the building or structure becomes unoccupied or the effective date of this subchapter provision, whichever is latest in time; and
b. Maintains the exterior of the building or structure and adjoining grounds in accordance with this subchapter and the Housing Law of the state, Public Act 167 of 1917, as amended, being M.C.L.A. §§ 125.401 et seq., or the Building Code.
2. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the Police Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this division (F)(6)(j) shall notify the Police Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this division (F)(6)(j)2., SECONDARY DWELLING means a dwelling such as a vacation home, hunting cabin or summer home, that is occupied by the owner or a member of the owner’s family during part of year.
(G) Dangerous signs;
(H) Except as required by law, the distributing, placing, posting or affixing of posters, notices or handbills on private property without consent of the owner or occupant or in a public right-of-way;
(I) The existence of any pond, pool of water or vessel holding stagnant water which serves as a breeding ground for insects;
(J) The emission of fumes or gas in such quantities as to cause discomfort to a person of normal sensory acuity at an adjoining property or public place;
(K) Any vehicle used for an illegal purpose;
(L) Any use of public streets or public sidewalks, or both, which causes a crowd to gather and obstructs the free, lawful movement of people and vehicles along said streets and sidewalks;
(M) Spitting on any sidewalk or on the floor or seat of any public carrier, or on the floor, wall, seat or equipment of any public place;
(N) Keeping or housing any animals or domestic fowl within the city other than dogs, cats, birds or animals commonly classified as pets. For the purposes of this division (N), the term DOG shall include the male and female of the dog family or genus canis;
(O) The keeping of any inoperable or dismantled icebox, refrigerator or similar air-tight container having a door or access with a magnetic seal, snap latch or other locking device, in a place accessible by children without first removing the magnetic seal, snap latch or locking device or doors, or securely locking same;
(P) Except as provided in divisions (P)(1) and (P)(2) below, the keeping or storage of inoperable or dismantled motor vehicles, boats, all terrain vehicles, recreational vehicles, snowmobiles and/or trailers outside of a totally enclosed structure on private property.
(1) An inoperable or dismantled motor vehicle, boat, all terrain vehicle, recreational vehicle, snowmobile and/or trailer may be kept outside of a totally enclosed structure on private property for no more than 15 days for the purpose of being repaired or awaiting repairs. This division (P)(1) shall apply to individuals making the repairs and to gas and service stations engaged in the business of making repairs.
(2) An inoperable or dismantled motor vehicle, boat, all terrain vehicle, recreational vehicle, snowmobile and/or trailer may be kept outside of a totally enclosed structure on private property for no more than 15 days for the purpose of being marketed for sale.
(3) For purposes of divisions (P)(1) and (P)(2) above, a motor vehicle, boat, all terrain vehicle, recreational vehicle, snowmobile and/or trailer that is possessed by a business which sells or repairs any of those items shall not be considered inoperable or dismantled solely because the item is unlicensed.
(Q) The keeping or storage of inoperable or dismantled marine equipment outside of a totally enclosed structure on private property; and
(R) Except as provided herein, the existence of tanks, pumps, lifts, jacks, air compressors or similar equipment outside of a totally enclosed structure. Service stations, repair shops, gas stations, construction companies or similar businesses shall be allowed to store or keep tanks, pumps lifts, jacks, air compressors or similar equipment outside of a totally enclosed structure; provided that, any such item is in operable condition and is actively used for its intended purpose as part of the business.
(Prior Code, § 6.3) (Ord. 767, passed 9-15-2014; Ord. 790, passed 3-19-2018)