(A) Generally. Any person who shall wilfully enter upon the lands or premises of another without lawful authority, after having been forbidden to do so by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor.
(Prior Code, § 25-59)
(B) Injuring, trespass and the like to public property. It shall be unlawful for any person to destroy, injure or deface, or in any manner interfere with or hinder the use of, or to enter upon without lawful authority where “no trespassing” signs are posted, any public building or any public property whatsoever.
(Prior Code, § 25-60)
(C) Intrusion upon adjoining property.
(1) For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLAINANT. Any property owner who has had his or her property damaged or intruded upon, as defined in this section.
CONTRACTOR. Any person, corporation or any other legal entity who performs any work upon the property of another and at the direction of the property owner.
DAMAGE. Any destruction, injury, harm or impairment of value caused to property.
INTRUDE. To encroach upon the property of another without permission or lawful authority.
PROPERTY OWNER. Any person having any interest in real property including the owner in fee simple, land contract vendee, tenant or other occupant.
WORK. Any construction, repairs, maintenance or other similar type activity.
(2) It is the legal responsibility of any contractor, property owner or any other person when performing any work upon any property to do it in such a manner so as to not intrude upon or cause damage to any adjoining property. Any person who causes damage or intrudes upon any adjoining property while in the course of making repairs, alterations, additions or doing any other work upon any property in the city, shall be responsible for a municipal civil infraction.
(3) Any property owner whose property has been damaged or intruded upon as set forth in this division (C) may file a written complaint with the City Engineer’
(4) If the matter is not resolved, a citation may be issued at the direction of the City Engineer’s office and served upon the property owner and/or contractor responsible for the intrusion or damage.
(Prior Code, § 25-60.1)
(Ord. 1297, passed 8-11-2008) Penalty, see § 152.999
Statutory reference:
Trespass, see M.C.L.A. §§ 750.552 et seq.