(a) Except as provided in the provisions of this chapter regulating the collection and removal of garbage, rubbish; refuse; compost; construction waste; auto bodies, tires and parts; or other waste materials, it shall be unlawful to dump, deposit or otherwise drop or leave any rubbish; refuse; compost; garbage; construction waste; auto bodies, tires and parts; materials or other waste products, on any property or premises within the City unless the property or premises is a dumping site properly licensed by the City under this chapter or unless a proper permit has been obtained. Any person, firm, company or corporation, or person, employee or agent acting on behalf of the person, firm, company or corporation may temporarily deposit such garbage, rubbish, refuse or waste material on their own commercial or residential property or premises in containers approved by State or other local law for a period not to exceed 24 hours. In no case shall anyone be allowed to dump, deposit, leave or otherwise drop garbage, rubbish, refuse or waste material on a property or premises if the dumping, depositing, leaving or dropping is hazardous or detrimental to public health.
(b) The illegal dumping of materials listed in subsection (a) is declared to be a public nuisance, which justifies taking firm action to abate the public nuisance, including the seizure, impoundment and forfeiture of motor vehicles used to facilitate this nuisance activity.
(c) A person or his or her agent or employee, who owns, leases, operates or maintains a motor vehicle shall not use that motor vehicle, nor permit it to be used, for such illegal dumping upon public or private property, without a permit.
(d) A person who violates this section is guilty of creating a public nuisance.
(e) The motor vehicle and its contents, including a tractor, trailer or any other equipment used to facilitate the illegal dumping, are also declared a public nuisance.
(f) Where there is probable cause to believe that a motor vehicle has been or is being used in violation of this section, a police officer shall seize and impound the motor vehicle.
(g) Within 30 days of receiving notice of the seizure, the owner of a motor vehicle seized and impounded under this section who wishes to contest the forfeiture of the seized property shall submit to the Flint Chief Legal Officer’s office in City Hall, a notice contesting the forfeiture and requesting that the Flint Chief Legal Officer’s office file a civil nuisance abatement action in the appropriate Circuit Court. Failure to file notice contesting the forfeiture within 30 days of receiving the notice of seizure shall result in the automatic administrative forfeiture of the motor vehicle to the City.
(h) Owner of a motor vehicle includes a person in whose name the motor vehicle is titled and/or registered and/or any lienholder whose lien has been filed in the office of the Secretary of State prior to the commencement of the nuisance abatement action, as well as a person who is deemed by law to be a constructive owner.
(i) Proof of knowledge of the existence of the public nuisance on the part of the owner, or his or her agent or employee, is not required.
(j) A public nuisance shall be sanctioned, enjoined and abated as set forth in this section and Circuit Court rule.
(k) The provisions of this section provide additional sanctions and remedies for illegal dumping beyond those found in State and local law, and are not intended to compromise, limit or provide a substitute for the sanctions and remedies found in State and local law.
(l) A person who violates this section is responsible for a misdemeanor and is subject to a maximum of 90 days in jail and/or the following fines:
(1) First offense, $250.00;
(2) Second offense, $350.00; and
(3) Third and each additional offense, $500.00.
(m) In addition to any other penalty or sanction provided in this section, the Court may require as restitution that the defendant pay either or both of the following:
(1) The cost of removing all litter which is the subject of the violation and the costs of damages to any land, water, wildlife, vegetation or other natural resource or to any facility damaged by the violation of this section. Money collected under this subsection shall be distributed to the governmental entity bringing the enforcement action; and/or
(2) The reasonable costs associated with the seizure and impoundment of any vehicle used to further a violation of this section. Money collected under this subsection shall be distributed to the governmental entity that seized and impounded the vehicle involved in the violation of this section.
(n) In addition to any other penalty or sanction provided for in this section, the Court may impose community service in the form of labor to clean up and remove rubbish; refuse; compost; construction waste; auto bodies, tires and parts; or other waste materials on any property that has been identified by the City as requiring cleanup.
(Ord. 1045, passed 10-20-1952; Ord. 3456, passed 6-12-2000; Ord. 3524, passed 5-5-2004)