(a) Declaration of nuisance. The acts and conditions described in this section are hereby declared to be nuisances and be abated in the manner prescribed by .
(b) Definitions. As used in this section:
ABANDONED PROPERTY. Deteriorated, wrecked or derelict in an unusable condition, having no value other than a nominal scrap or junk value, if any, and which has been left unprotected from the elements, including, but not limited to, deteriorated, wrecked, inoperative or partially dismantled motor vehicles (except motor vehicles subject to removal under M.C.L.A. § 257.252d, as amended), trailers, semitrailers (without cabs), boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar items in such condition.
ENFORCEMENT OFFICER. Any employee of the city so designated by Council.
LITTER. All rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances.
PRIVATE PREMISES. A dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule and mailbox belonging or pertinent to such dwelling, house, building or other structure, and any portion of a right of way immediately adjoining such , which right of way separates such from a roadway.
PUBLIC OR PRIVATE PROPERTY OR WATER. Includes, but is not limited to the following:
A. The right-of-way of a road or highway, a body of water or water course or the shore of a beach of the body of water or watercourse, including the ice above the water;
B. A park, playground, building, refuge, or conservation or recreation area; and
C. Residential or farm properties or timberlands.
VEHICLE. Every motor vehicle registered under the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L.A. §§ 257.1 to 257.923.
VESSEL. A vessel registered under M.C.L.A. §§ 324.80301 to 324.80322
(c) Individual violations.
(1) No person shall throw or deposit litter in or upon a
, parkway, gutter,
, alley or other
in the city, except in public receptacles and authorized receptacles for collection, or at an official collection or disposal site.
(2) No person shall throw or deposit litter on any occupied or unoccupied private
in the city, whether owned by such person or not, except that the
or person who is in control of such occupied private
maintain receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any place.
(3) A person
not knowingly, without the consent of the public authority having supervision of public
or the
of private
, dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of, litter on public or private
or water other than
designated and set aside for such purposes.
(4) A person who removes a vehicle that is wrecked or damaged in an accident on a highway, road, or
remove all glass and other injurious substances dropped on the highway, road, or
as a result of the accident.
(d) Property owner violations.
(1) Any person who accumulates or permits the accumulation of litter on
on which it is prohibited by this section,
be deemed to create a public nuisance by such action, and the enforcement officer or his or her duly authorized assistant is hereby authorized to enter into and upon such
to abate such nuisance.
(2) The cost of the removal of the litter
be paid by the
of the
from which it is removed. If the
fails to pay such cost, the City Treasurer is hereby authorized to hold a due process hearing. After such hearing, if the decision of the hearing officer is that the charges are just and owing to the city, the same
be added to the next ad valorem tax roll delivered to the City Treasurer for collection and collected in the same manner as ad valorem taxes are collected.
(3) A. Whenever the enforcement officer finds an item or items of abandoned
or litter on private
in the city in violation of this section, he or she
cause a notice to be placed upon such item or in the immediate vicinity of several such items in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: |
This property, to wit: (setting forth a brief description of the property), located at (setting forth a brief description of the location), is improperly stored in violation of § 676.04 of the codified ordinances of the City of Grand Blanc and must be removed within ____ days from the date of this notice; otherwise, it shall be removed by the City of Grand Blanc and the cost of removal shall be charged to the owner of these premises. |
B. Such notice be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall give notice to the / of the by first class mail addressed to such person’s address as contained on the tax records of the city.
C. If, at the expiration of the time stated in such notice, the items described therein have not been removed, the enforcement officer
cause such items to be removed, and the cost of removal
be charged, paid and collected in the manner provided in this section.
D. The person affected by such notice
, prior to the date set for removal of the
, request a hearing by filing such request with the City
. Thereupon the City
appoint a hearing officer to conduct a public hearing in order for the person requesting the hearing to have an opportunity to show cause why he or she should not remove the
in question or why the city should not dispose of such
.
(e) Enforcement and penalty.
(1) The enforcement officer, at his or her discretion,
serve upon an individual found violating any of the provisions of this section, a notice of violation directing such person to correct the violation within 24 hours, excluding Saturdays, Sundays and holidays. Such notice
advise such person that his or her failure to correct such violation within such time
result in enforcement action pursuant to this section.
(2) The prosecution for a violation of divisions (c) and (d) above
be commenced by the issuance of an appearance ticket. The enforcement officer or his or her duly authorized assistant may issue appearance tickets for violations of such divisions.
(3) A person served with an appearance ticket
waive his or her right to an arraignment on such charge and voluntarily enter a plea of guilty and pay a fine of $100 at the office of the District Court Clerk if such person has never before been convicted of a violation above.
(4) A person electing arraignment on a first offense and found guilty of violating division (c) or (d) above, or a person found guilty of violating division (c) or (d) above on a second or subsequent occasion,
be punished as provided in § 676.99.
(Ord. 145, passed 8-11-1982; Ord. 236, passed 10-11-2000)