(A) Nuisance defined. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public, offends public decency, interferes with, obstructs, or renders dangerous any street, highway, navigable lake or stream, or in any way renders the public insecure in life or property, is hereby declared to be a public nuisance. Public nuisances shall include but not be limited to whatever is forbidden by any provision of this section. No person shall commit, create or maintain any nuisance within the village limits.
(B) Nuisances per se. The following acts, services, apparatus and/or structures are hereby declared to be public nuisances per se:
(1) The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or sidewalk, or in any private place or premises where such throwing, placing, depositing, or leaving is in the opinion of the Village Council dangerous or detrimental to public health, or likely to cause sickness or attract flies, insects, rodents and/or vermin, by any person of any animal or vegetable substance, dead animals, fish, shell, tin cans, bottles, glass, or other rubbish, dirt, excrement, filth, unclean or nauseous water, or fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns, rotten soap, grease or tallow, offal or any other offensive article or substance whatsoever.
(2) Any vehicle used for any illegal purpose.
(3) All obscene pictures, books, pamphlets, magazines and newspapers.
(4) Betting, bookmaking and all apparatus used in such occupations.
(5) All gambling devices.
(6) All houses kept for the purpose of prostitution, gambling houses, houses of ill fame and bawdy houses.
(7) All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount contrary to the provisions of this section or statute of the state.
(8) Any use of public streets and/or sidewalks which causes large crowds to gather, obstructing the free use of the streets and/or sidewalks.
(9) All buildings, walls and other structures which have been damaged by fire, decay, or otherwise and all excavations remaining unfilled or uncovered for a period of 90 days or longer, and which are so situated so as to endanger the safety of the public.
(10) All dangerous, unguarded excavations or machinery in any public place, or so situated, left or operated on private property as to attract the public.
(11) The owning, driving or moving upon any public streets and alleys of trucks or other motor vehicles which are constructed or loaded so as to permit any part of their load contents to blow, fall, or be deposited upon any street, alley, sidewalk or other public or private place, or which deposits from its wheels, tires or other parts onto the street, alley, sidewalk or other public or private place, dirt, grease, sticky substances or foreign matter of any kind. Provided however, that under circumstances determined by the Supervisor of the Department of Public Works to be in the public interest, he or she may grant persons temporary exemption from the provisions of this divisions (B)(12) conditioned upon cleaning and correcting the violating condition at least once daily and execution of an agreement by such person to reimburse the village for any extraordinary maintenance expenses incurred by the village in connection with such violation.
(C) Excessive noise declared nuisance. All loud or unusual noises or sounds, and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities, are hereby declared to be public nuisances.
(Ord. 24, passed 9-14-81) Penalty, see § 10.99
(A) Open storage unlawful. It is hereby declared unlawful for any person, firm, or corporation to store on, or place on, or permit to be stored on or placed on, or allow to remain on any platted or unplatted parcel of land, a dismantled, partially dismantled, abandoned or inoperable motor vehicle, or any parts thereof, which platted or unplatted parcel of land is located in the village, unless the dismantled or inoperable motor vehicle or parts thereof shall be kept in a wholly enclosed garage or other wholly enclosed structure.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLES. Shall include, without limitation, any motor vehicle which has remained on private property for a period of 48 continuous hours or more, without the consent of the owner or occupant of the property, or for a period of 48 continuous hours after the consent of the owner or occupant of the property has been revoked.
DISMANTLED AND PARTIALLY DISMANTLED MOTOR VEHICLES. Motor vehicles from which some part or parts which ordinarily are a component of such motor vehicles have been removed or are missing.
INOPERABLE MOTOR VEHICLES. Motor vehicles which, by reason of dismantling, disrepair or other cause, are presently incapable of being propelled under their own power and shall include, without limitation, any vehicle which is not licensed for use upon the highways of the state for a period in excess of 30 days, and shall also include, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of 30 days. Provided, there is excepted from this definition unlicensed but fully operative vehicles which are kept as the stock and trade of a regularly licensed and established new or used automobile dealer. Provided further, the time limit such vehicles may remain upon the premises of a motor vehicle repair garage shall be a period of 90 days rather than 30 days.
MOTOR VEHICLES. Any wheeled vehicles which are self-propelled or intended to be self-propelled.
PARTS OF MOTOR VEHICLES. Any commonly known parts of motor vehicles stored in or upon premises.
PERSON. Shall include all natural persons, firms, co-partnerships, corporations and all associations of natural persons incorporated or unincorporated, whether acting by themselves or by a servant, agent, or employee. All persons who violate any provision of this section, whether as owner, occupant, lessee, agent, servant, or employee, shall except as herein otherwise provided be equally responsible as principals.
(C) Cause of blight. It is hereby determined that the storage or accumulation of dismantled, partially dismantled or inoperable motor vehicles within the village 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, safety and the general welfare of the community.
(D) Abatement. The Supervisor of the Department of Public Works may remove, or cause to be removed, any dismantled, partially dismantled, inoperable or abandoned vehicle, or parts thereof, from any platted or unplatted parcel of land within the village after having notified, in writing, the owner or occupant of such property of the intention to do so at least 48 hours prior to the physical removal. Such notice shall be served personally upon the owner or occupant of such property, or may be posted in a conspicuous place upon vacant or unoccupied property. Such dismantled, partially dismantled, and inoperable or abandoned vehicles or parts thereof shall be removed and disposed of in accordance with the law. Such removal by the designated enforcement official herein shall not excuse or relieve any person from the obligations imposed by this section to keep property free from the storage and accumulation of dismantled, partially dismantled, inoperable or abandoned vehicles or parts thereof, nor from the penalties set forth herein.
(Ord. 8, passed 9-14-81) Penalty, see § 10.99
Statutory reference:
Abandoned vehicle regulations, see M.C.L.A. §§ 257.252a et seq.
(A) Duty of owners to cut weeds. It shall be the duty of every person owning or occupying land within the village to cut down all Canada thistles, milk weed, wild carrots, oxeye daisies, or other unsightly or noxious weeds growing on the land once each month or as frequently as may be necessary to prevent the weeds from going to seed or becoming unsightly and failure to do so shall constitute a violation of this section.
(B) Duty of owners to mow grass. It shall be the duty of every person or entity owning or occupying residential land or adjoining residential and developed land within the village to mow the grass on their premises whenever the grass reaches a length of eight inches or more and failure to do so shall constitute a violation of this code, unless said person or entity shall have devised a plan for a "natural yard" and received written permission for same from the Village DPW or the designee. Taking into exception open draining ditches.
(C) Notice to cut weeds or mow grass.
(1) It shall be the duty of the Village DPW or the designee to give notice once each calendar year to every owner or occupier of any lands in the village whereon uncut weeds are growing or unmowed grass is growing to cut the weeds or mow the grass. This notice shall be sent by regular mail to the owner, and to the occupant if the occupant is not the owner, and if the weeds are not cut or the grass is not mowed within seven days of the date of mailing, or if a written extension of this limit is not obtained from the code enforcement officer, then the Village DPW or their designee shall cause said weeds to be cut or said grass to be mowed.
(2) Subsequent to the first notice and subsequent cutting or mowing, if the noxious weeds grow up again, or the unmowed grass again reaches the length of eight inches, the Village DPW or his or her designee shall again, as many times as may be necessary, cause the weeds to be cut and/or the grass to be mowed without any further notice, and same shall be the case even if the property owner or occupant has previously in the same year taken care of a violation themselves.
(D) Village to mow grass or cut down weeds upon failure to do so. If the owner, occupier or person having charge of any land, shall refuse or neglect to comply with the notice to cut the weeds or mow the grass on or before the date stated in the notice, it shall be the duty of the Village DPW, or the designee, to cause all such grass and/or unsightly or noxious weeds to be cut down.
(E) Record of expenses incurred in mowing grass and in cutting down weeds. The Village DPW or the designee shall keep an accurate account of the expenses incurred by him or her in carrying out the above described terms and he or she shall make a sworn statement of such account to the Village Clerk.
(F) Special assessment; lien on property; collection. When weeds or grass are mowed or cut by the village under the provisions of this section, the procedure to secure payment of the cost to the village of removal of said grass or weeds shall be as follows: A copy of the sworn statement of said account shall be sent by regular mail to the owner or occupier of the property, and if said amount is not paid within 60 days or written arrangements made with the Village DPW or the designee for an extension of time, then the following shall occur:
(1) The Village DPW or their designee shall submit to the Village Council an itemized and verified statement showing expenditures of material, labor (including administrative expenses), equipment and any other related expense to the village used in the cutting or mowing of the grass or weeds; and the description of the lot, part of the lot or parcel of ground from which the weeds or grass have been mowed or cut.
(2) The Council shall examine the verified statement and, if found correct, shall direct that the expense of the mowing or cutting shall be assessed against the property as a single lot assessment.
(Ord. 47, passed 9-8-03)