|
ARTICLE
I. IN GENERAL
Secs. 10-1--10-30. Reserved.
|
|
ARTICLE
II. NUISANCES*
*Charter references: Nuisances, ch. IV, C, § 24.
Cross references: Dangerous animals or livestock declared public nuisance,
§ 4-5; public nuisance declared on dutch elm disease, § 38-61
et seq.
State law references: Public nuisances and abatement, MCL 600.3801 et
seq.
Sec. 10-31.
Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Public nuisance means an act, omission or condition which annoys, injures
or endangers the safety, health, comfort or repose of the public; interferes
with or destroys any street, highway, sidewalk, public building or other
public property; allows accumulation of junk or obnoxious matters on
private property; or in any way renders the public insecure in life,
property or the exercise of the rights of citizens. Public nuisances
shall include, but not be limited to, acts, omissions or conditions
which are forbidden by any provision of this Code or the common or statute
law of the state.
(Code 1992, § 9-1)
Cross references: Definitions generally, § 1-2.
Sec. 10-32.
Unlawful acts.
No person shall create or allow any public nuisance to exist or remain
on such person's property; nor shall any person owning, occupying or
using any public or private street, alley or any premises whatsoever
within the limits of the village create or maintain any public nuisance
on such street, alley or premises.
(Code 1992, § 9-2)
Sec. 10-33.
Abatement.
If an officer of the village shall determine that a public nuisance
exists, such officer shall notify the owner or occupant of the premises
on which the public nuisance exists and require such person to abate
such public nuisance within a reasonable time to be specified in such
notice. If such person fails to abate such public nuisance within the
time specified in the notice, the village may abate the nuisance, and
the cost of such abatement shall be charged against the owner or occupant
of the premises and payment of such charge shall be enforced as a special
assessment.
(Code 1992, § 9-3)
Secs. 10-34--10-60. Reserved.
|
|
ARTICLE
III. NOISE
Sec. 10-61.
Loud and/or excessive noises.
(a) Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning:
Loud and/or excessive noise means any sound which, because of its volume,
level, duration and/or character, annoys, disturbs, injures or endangers
the comfort, health, peace or safety of reasonable persons of ordinary
sensibilities within the limits of the village. Such term includes the
kind of noise generated by activities enumerated in subsection (c) of
this section and sections 10-62 and 10-63. Such term shall be limited
to loud and/or excessive noise heard:
(1) In public streets;
(2) In any public park or marina;
(3) In any public building or upon the grounds thereof;
(4) In a parking lot open to members of the public
as invitees or licensees; or
(5) Emanating from any lot, occupied residential
unit or other property, beyond the boundary of any such property.
(b) Public nuisance declared. It shall be a public
nuisance for any person to make or continue, or cause to be made or
continued, any loud and/or excessive noise.
(c) Enumeration. The following acts are declared
to be loud and/or excessive noise in violation of this article, but
such enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices, etc. The sounding of
any horn or signaling device on any automobile, motorcycle or other
vehicle on any street or public place of the village, except as a danger
warning, and the sounding of any such device shall not be for any unnecessary
and unreasonable period of time.
(2) Loudspeakers. Using or operating any amplified
mechanical device or loudspeaker, either by mechanical device or live
performance, so that the sound from such device or performance is plainly
audible at or beyond the property boundary of the source, or on a public
way and in such manner as to cause loud and/or excessive noise, except
as set forth in section 10-63(b) and (c).
(3) Steam whistles. The blowing of any steam whistle
attached to any stationary boiler, except to give notice of the time
to begin or stop work or as a warning of fire or danger, or upon request
of proper authorities, in such a manner as to cause loud and/or excessive
noise.
(4) Exhausts. The discharge into the open air of
the exhaust of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle in such manner as to cause loud and/or excessive
noise.
(5) Construction noises or repairing of buildings.
The construction, erection, including excavation, demolition, alteration
or repair of any building so as to create a loud and/or excessive noise,
including hammering, pounding, handling or moving of materials or equipment
and/or related outdoor construction activities, other than between the
hours of 8:00 a.m.--6:00 p.m., Monday--Friday, and 9:00 a.m.--6:00 p.m.,
Saturday, except in the case of urgent necessity in the interest of
the public health and safety, and then only with a permit from the village
manager, which permit may be granted for a period not to exceed three
days while the emergency continues, and which permit may be renewed
for periods of three days or less while the emergency continues. No
such work shall be performed on a Sunday.
(6) Piledrivers, hammers, etc. The operation between
the hours of 6:00 p.m.--8:00 a.m., Monday--Friday, 6:00 p.m.--9:00 a.m.
on Saturday, and at any time on Sunday, of any piledriver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other similar
equipment, the use of which is attended by loud and/or excessive noise.
(7) Blowers, power fans and internal combustion engines.
The operation of any noise-creating blower or power fan, or any internal
combustion engine, the operation of which causes loud and/or excessive
noise due to the explosion of operating gases or fluids, unless the
noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
(8) Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 p.m.--8:00 a.m., so as to create a loud and/or excessive
noise.
(9) Animals and birds. The keeping of any animal
or bird which habitually causes a loud and/or excessive noise.
(10) Defect in vehicles and loads. The use of any
automobile, motorcycle or vehicle so out of repair or used in such a
manner so as to create loud and/or excessive noise.
(11) Loading and unloading vehicles; opening and
destruction of bales, boxes, crates and containers. The creation of
a loud and/or excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates and
containers.
(12) Hawkers, peddlers and vendors. The shouting
and crying of peddlers, hawkers and vendors which creates a loud and/or
excessive noise and disturbs the peace and quiet of the neighborhood.
(13) Musical instruments. The use of any drum or
other instrument or device for the purpose of attracting attention to
any performance, show or sale by the creation of a loud and/or excessive
noise.
(14) Swimming pools, spas and hot tubs. Loud and/or
excessive noise, including, but not limited to, diving, splashing, yelling,
etc., which is disturbing to neighbors of normal sensitivity, particularly
after the hour of 9:30 p.m. and before the hour of 9:00 a.m., Monday--Sunday.
Notwithstanding anything in this subsection (c) to the contrary, the
utilization of lawn equipment by residents to maintain their own property
shall be permitted between the hours of 9:00 a.m.--9:00 p.m., Monday--Saturday,
and 9:00 a.m.--9:00 p.m. on Sunday, provided, such equipment is maintained
so as to avoid, to the extent reasonably possible, loud and offensive
noise.
(Ord. No. 205, §§ 1, 2, 4-20-1999)
Sec. 10-62.
Offensive machinery or devices and operations.
(a) Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning:
Offensive machinery or devices includes cranes, steam and diesel piledrivers
or hammers, bulldozers and other mechanized earth moving equipment,
dredging machines and devices or machines of a similar nature, commercial
lawn mowing equipment, chain saws, generators, air compressors and other
similar types of equipment, which, when used in normal operations, produces
loud and/or excessive noise, disturbances or vibrations of earth, air
or structures, and which, if operated on Sunday between the hours of
12:00 a.m.--11:59 p.m., or before 8:00 a.m. or after 6:00 p.m. on weekdays
and before 9:00 a.m. or after 6:00 p.m. on Saturdays, would be unreasonably
annoying and intrusive to the comfort and repose of ordinarily reasonable
and sensitive persons. Such term does not include law enforcement, sanitation,
fire or other emergency vehicles, machines or devices, and licensed
vehicles being driven upon roads or streets.
Offensive operation includes:
(1) The operation or use of offensive machinery or
devices.
(2) The operation or use of machinery or devices
which are used in excavation, construction, building or dredging, or
projects of a similar nature, and which, in normal operation, emit or
cause offensive odors, substances, smoke, ashes and soot, dust, gas,
fumes, chemical diffusion or smog, which, if emitted or caused between
the hours of 12:00 a.m.--11:59 p.m. on Sunday, or before 8:00 a.m. or
after 6:00 p.m. on weekdays and before 9:00 a.m. or after 6:00 p.m.
on Saturdays, would be reasonably annoying and intrusive to the comfort
and repose of ordinarily reasonable and sensitive persons.
Such term shall not include the operation or use of machinery or devices
by law enforcement, sanitation, fire or other emergency personnel.
(b) Unlawful acts; exceptions. It shall be unlawful
for any person to operate offensive machinery or devices, or to conduct
offensive operations within the village between the hours of 12:00 a.m.
and 11:59 p.m. Sunday, or before 8:00 a.m. or after 6:00 p.m. on weekdays
and before 9:00 a.m. or after 6:00 p.m. on Saturdays, except as set
forth in this section. It shall not be an unlawful offense to operate
machinery or devices or to conduct offensive operations if such are
operated or conducted by express authorization of the village for emergency
purposes. Such authorization shall be by special permit granted by the
village manager.
(Ord. No. 205, § 3, 4-20-1999)
Sec. 10-63.
Miscellaneous prohibitions; exceptions.
(a) It shall be unlawful to operate any air conditioning,
heating or ventilating unit or accessories to such unit at any time
that a noise is produced exceeding 60 dBA, measured by a sound meter
at the nearest adjacent property line.
(b) No sound truck or other device or medium for
amplifying sound shall be operated or permitted to operate within the
village for advertising purposes or to attract the attention of the
public, where the sound is transmitted from, to, in or over any public
thoroughfare, park or other public place, except in connection with
an authorized public parade for which a permit has been obtained. Outdoor
entertainment, generally, shall not use or operate, or permit to be
played, used or operated, in a loud and/or excessive manner, any radio,
amplifier, musical instrument, phonograph record or other device for
the producing or reproducing of sound in any outdoor area before 10:00
a.m. or after 10:00 p.m. The village council shall have the specific
authority to issue permits for special activities in the village to
allow for outdoor entertainment to extend past 10:00 p.m.
(c) Noise caused in the performance of emergency
work for the immediate safety, health or welfare of the community or
individuals of the community, or to restore property to a safe condition
following a public calamity, shall not be subject to the provisions
of this article. Nothing in this section shall be construed to preclude
law enforcement, ambulance, fire, public services and others who may
be engaged in emergency work from using or testing equipment which produces
sound levels above the levels permitted.
(d) Upon good cause shown by the owner of any noise
source, the council shall have the power to grant an exemption from
the provisions of this article for a reasonable time in order to allow
sufficient time for the installation of needed control equipment, facilities
or modifications to achieve compliance with this article.
(e) Any person, owner, agent or supervisor in charge
of operating, ordering, directing or allowing the operation or maintenance
of a device or machine creating noise as prohibited in this article
shall be deemed guilty of violating this article.
(f) Multiple violations of any of the provisions
of this article dealing with construction situations may result in revocation
of the building permit in addition to any other remedies available.
(Ord. No. 205, § 4, 4-20-1999)
Secs. 10-64--10-90. Reserved.
|
|
ARTICLE
IV. BLIGHT
Sec. 10-91.
Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Blighted structure means any dwelling, garage, outbuilding, accessory
building, swimming pool, pond or structure of any nature, which:
(1) Because of fire, wind, explosion, other natural
disaster or physical deterioration, is no longer habitable as a dwelling
or useful for the purpose for which it was originally intended;
(2) Is partially complete and is not presently being
constructed under an existing, valid building permit issued by or under
the authority of the village;
(3) Is not structurally sound, weathertight, waterproof
or verminproof; or
(4) Is not covered by a water-resistant paint or
other waterproof covering so as to protect the structure from the adverse
effects of the elements or physical deterioration.
Building materials includes, but is not limited to, lumber, bricks,
concrete, cinder blocks, siding, plumbing materials, electrical wiring
or equipment, heating ducts or equipment, shingles, mortar, cement,
nails, screws or other materials commonly used in the construction or
repair of any building, swimming pool or structure. In any area zoned
for residential purposes, no person, firm or corporation owning, leasing,
renting or occupying any property within such residential area shall
permit the open storage of new or used building materials unless there
is in force a valid building permit issued for construction upon such
property and such materials are intended for immediate use in the near
future in connection with such construction.
Enforcement officer means the village building officer, any village
police officer or any other person designated by the village to enforce
the provisions of this article.
Junk means any abandoned, discarded, unusable or unused object or equipment,
including, but not limited to, furniture, stoves, refrigerators, freezers,
cans, tires, implements, parts of motor vehicles, machinery, cloth,
rubber, bottles and any metals, boxes, cartons, crates or other unsightly
materials.
Vacant building means any building which is unoccupied and not securely
locked, with the windows glazed and otherwise protected against the
elements, vandals, rodents and other animals, and otherwise maintained
in accordance with ordinances of the village.
(Ord. No. 218, § 2, 5-28-2002)
Cross references: Definitions generally, § 1-2.
Sec. 10-92.
Purpose.
It is the purpose of this article to prevent, reduce or eliminate blight
in the village by the prevention or elimination of contributing factors
and causes of blight which exist, or which may exist in the future,
in the village. No person shall maintain, or permit to be maintained,
any of the causes of blight or any blighted structures upon any property
owned, leased, rented or occupied by any person in the village.
(Ord. No. 218, § 1, 5-28-2002)
Sec. 10-93.
Prohibited conduct.
Except as may otherwise be permitted by other village ordinances, no
person in the village shall:
(1) Store or accumulate, or permit the storage or
accumulation of, junk on premises owned, leased, rented or occupied
by such person.
(2) Maintain, or permit the maintenance or existence
of, any vacant building on property owned, leased, rented or occupied
by such person.
(3) Maintain, or permit the maintenance or existence
of, any blighted structure on property owned, leased, rented or occupied
by such person.
(4) Store, or permit the storage of, firewood on
property owned, leased, rented or occupied by such person, except in
a neat, orderly stack no greater than four feet in height. The storage
of firewood shall be restricted to the rear yard or an interior side
yard of the premises, utilizing an appropriate rack so as to keep the
wood off the ground and avoid decay. The total height of the stacked
wood and rack shall not exceed four feet.
(5) No building or parts of a building or structure
erected shall be completed other than in accordance with the building
permits issued pursuant to chapter 40 of this Code, as amended. If such
construction is not completed in timely fashion, the property owner
shall put the property back in a safe condition. The definition of the
term "safe condition" shall be at the discretion of the village
building inspector, and if the building inspector determines the building
or structure is not in a safe condition, he may order the building or
structure to be torn down and removed from the property, and any excavation
under the building or structure shall be filled to grade level.
(6) No building, structure or uninhabited residence
shall be left in a dangerous or hazardous condition by virtue of disrepair,
depreciation, damage by fire, collapse or act of God, or by virtue of
any other cause, but shall be forthwith repaired and rehabilitated,
and the dangerous or hazardous condition removed by the owner or occupant
thereof, or in the alternative, torn down and removed, and any excavation
under such building, structure or residence shall be filled to grade
level. Such repairs or rehabilitation shall comply, in all respects,
with the provisions of the village building, plumbing and electrical
codes, and all other codes governing such structures.
(Ord. No. 218, § 3, 5-28-2002)
Sec. 10-94.
Responsibility of owner and tenant.
The owners of each and every tract of land within the village, and any
person occupying or controlling the property, shall be responsible for
keeping the entire premises free and clear from all such matter as described
in this article. The responsibility of an occupant shall not relieve
the owner of such premises from complying with this article.
(Ord. No. 218, § 4, 5-28-2002)
Sec. 10-95.
Enforcement.
(a) Before commencing prosecution under this article,
for the first violation, the enforcement officer shall notify the violator
of the existence of a violation. Such notice shall be in writing, and
served upon the violator either personally or by first class mail sent
to the last known address of the violator or the common address of the
property upon which the violation exists. The violator shall be given
five days from the date of personal service or seven days from the date
of mailing of the notice in which to remedy the violation.
(b) Prosecution may be commenced against a violator
without prior notice in any instance where a violation notice had previously
been sent within the previous 12 months relating to the same address.
(c) Each day that a violation under this article
continues to exist shall be considered a separate violation, subject
to punishment as set forth in this article.
(Ord. No. 218, § 5, 5-28-2002)
Sec. 10-96.
Remedies.
In addition to any remedies available at law, the village may bring
an action in circuit court for an injunction or other process against
any person to restrain, prevent or abate any violation of this article.
(Ord. No. 218, § 6, 5-28-2002)
Sec. 10-97.
Hardship appeal.
Where the enforcement of any part of this article constitutes an unnecessary
hardship, and upon appeal by the property owner, the village council
may waive any such part of this article as it deems appropriate.
(Ord. No. 218, § 7, 5-28-2002)
Secs. 10-98--10-130. Reserved.
|
|
ARTICLE
V. SOIL EROSION AND SEDIMENTATION CONTROL*
*Cross references: Grading, soil erosion and sediment control, §
26-131 et seq.
State law references: Soil erosion and sedimentation control, MCL 324.9101
et seq.; soil conservation districts, MCL 324.9301 et seq.
Sec. 10-131.
Enforcing agency.
It is the intent of the village to become the local enforcing agency
in regard to implementing the soil erosion and sedimentation control
law in part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.),
within the corporate limits of the village.
(Ord. No. 139, § 1, 12-17-1974; Code 1992, § 15-1)
Sec. 10-132.
Rules adopted.
The village hereby adopts by reference the latest rules promulgated
by the state department of natural resources relative to the soil erosion
and sedimentation control law in part 91 of Public Act No. 451 of 1994
(MCL 324.9101 et seq.). Such rules shall be available for public distribution,
at a reasonable charge, with not less than ten copies to be available
for public inspection at the office of the village clerk.
(Ord. No. 139, § 2, 12-17-1974; Code 1992, § 15-2)
Sec. 10-133.
Submission of plans.
Before groundbreaking of any construction project in the village involving
one or more acres of land, an erosion and sedimentation control plan
shall be submitted to the village in accordance with rules of the state
department of natural resources as referred to in section 10-132.
(Ord. No. 139, § 3, 12-17-1974; Code 1992, § 15-3)
Sec. 10-134.
Permits and fees.
Upon payment of the necessary fees to the village in accordance with
a fee schedule to be determined by the village council, and amended
from time to time by simple resolution, the submitted plans shall be
reviewed and approved and a permit shall be issued, provided, the plans
meet standards of the state department of natural resources, which have
been adopted by reference, to prevent soil erosion at all major construction
sites in the village in excess of one acre, except isolated single-family
dwellings.
(Ord. No. 139, § 4, 12-17-1974; Code 1992, § 15-4)
Sec. 10-135.
Site inspection.
The local enforcing agency shall inspect the construction site at least
at the beginning, during construction and at the end of the project,
and shall issue cease and desist orders upon violation of the rules
set forth in part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et
seq.).
(Ord. No. 139, § 5, 12-17-1974; Code 1992, § 15-5)
|
