ORDINANCE 2009.03 [defunct] BLIGHT/JUNK

VILLAGE OF BEAR LAKE BLIGHT/JUNK ORDINANCE 2009.03 


An ordinance to prevent, reduce or eliminate blight, blighting factors or causes of blight within the Village of Bear Lake, Manistee County, Michigan; to provide for the enforcement hereof; and to provide penalties for the violation hereof. Pursuant to the enacting authority therefore provided by Public Act 344 of 1945, as amended, the  Blighted Area Rehabilitation Act  (MCL 125.71, et seq.).

THE VILLAGE OF BEAR LAKE ORDAINS:
SECTION 1: DEFINITIONS
(A) Junk . As used in this Ordinance, “junk” means any unused or unusable furniture, machinery, appliances, or parts thereof, including inoperable motor vehicles or recreational vehicles which, because of mechanical condition, missing parts, or deterioration, cannot be operated or driven.

(B) Rubbish.  As used in this ordinance, “rubbish” means waste paper, tinware or aluminumware, tin or aluminum cans, tin or aluminum cuttings, box, glass, straw, shavings, barrels, lumber, paper cartons, rocks, lawn cuttings and trimmings.

(C)  Garbage . As used in this ordinance, “garbage” is the accumulation of trash, refuse, or litter specifically including, but not limited to, containers once containing edible products, drinkable products or usable materials, as well as dead animals (or parts thereof) and discarded edible or drinkable items.

(D)  Building Materials . As used in this ordinance, “building materials” shall include but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.

SECTION 2: UNLAWFUL ACT
(A)  Storage of Junk . No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept at any two times not less than five days apart within any calendar month on such parcel any accumulation of junk thereon, unless the same is within a completely enclosed building or neatly stacked and covered.

(B)  Storage of Rubbish and Garbage . No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept at any two times not less than five days apart within any calendar month on such parcel any rubbish or garbage unless the same is kept within a covered can or other metal, plastic or rubber container designed for the same, and sufficient to prevent entry by rats, mice, cats, dogs and other vermin.

(C)  Storage of Building Materials . No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept on the premises, not within a completely enclosed building or neatly stacked and covered, any accumulation of building materials, unless construction is being done on said premises and unless said materials are intended for use in connection with said construction and a permit can be produced for construction.

(D)  Deteriorated Dwellings . No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept any structure which, because of fire, wind or other natural disaster or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may have been intended.

(E)  Vacant Dwellings.   No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept any vacant dwelling or garage, or outbuilding unless the same is kept securely locked, windows kept glazed and otherwise protected to prevent entrance thereto by unauthorized person or persons, or entrance thereto by cats, dogs, rats, mice and other vermin.

(F) Partially Completed Structures.  No owner, occupant or possessor of land in the Village of Bear Lake shall keep or permit to be kept any partially completed structure, unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the State of Michigan, and unless ex- tenor construction is completed within one year after the year after the issuance of said building permit.

(G) Wood Piles.  Piles must be neatly stacked within 15 days of depositing the wood onto the property.

SECTION 3: EXCEPTIONS.
This ordinance does not apply to inventory on premises occupied by a merchant licensed under MCL 205.53 conducting a lawful business or to the property that patrons of a lawful motor vehicle repair facility , furniture or appliance repair facility, or gasoline service station while left on the premises of either for purposes of service or repair, nor does this ordinance apply to junkyards.

SECTION 4: ENFORCEMENT AND PENALTIES
This ordinance shall be enforced by a committee consisting of three (3) council members appointed by the Village of Bear Lake President. 
The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in Section 2 hereof is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within 15 days after service of the notice upon him. Such notice will be served by certified mail, return receipt requested. Additional time may be granted by the enforcement officer where bonafide efforts to remove or eliminate such causes of blight or blighting factors are in progress. 
Failure to comply within the time allowed by the Village of Bear Lake Committee, will constitute a violation of this ordinance by the owner and/or occupant. If the owner and/or occupant is found in violation of this ordinance by the Village of Bear Lake Committee a misdemeanor will be issued upon conviction thereof by a fine not exceeding two hundred dollars ($200) per day. 
If no action is taken within 20 days of notice being served, the Village Council will notify the homeowner by certified mail, that the blight or junk will be removed at the cost to the homeowner which will be added to their property tax if payment for removal is not received within 30 days from the date on the invoice issued from the Village of Bear Lake Council for the cost of removal.

Section 4: Effective Date and Adoption

This ordinance shall be published within fifteen (15) days after its passage and shall become effective fifteen (15) days after its publication as required by law.

This ordinance was duly adopted on the 19th day of August, 2009  at a regular meeting of the Village Council and will become effective the 7th day of September, 2009.

IN WITNESS WHEREOF, the parties through their duly qualified representatives have executed this agreement as of August 19th, 2009.
Glen Moore, Village President
Michelle Mortenson, Village Clerk 8-21-09

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