MILTON TOWNSHIP ORDINANCE 2007-04
Adopted:
October 15, 2007
Effective: November 14, 2007
An ordinance to preserve the peace, welfare, order, health, and
safety of persons and property in the Township; to prescribe a penalty for the
violation of the provisions of this ordinance; and to repeal all conflicting ordinances or parts of ordinances.
Section 1: Title. This ordinance shall be known and cited as the Milton Township
Nuisance Abatement Ordinance.
Section 2:
Definitions.
A. The word "persons" or
"person" as used in this ordinance means a natural person and also
includes corporations, partnerships and associations and their officers and
officials existing under or authorized to exist under the laws of the State of
Michigan or of any other state or any foreign country.
B. The word "nuisance" as used in
this ordinance means any act or acts or omission to act on the part of any
person which creates or permits the existence of a situation which annoys,
injures or endangers the peace, welfare, order, health or safety of the public
in their persons or property. As defined herein, a nuisance includes, but is not
limited to, conditions which render persons insecure in life or in the use and
enjoyment of their property, such as effects and emanations from noise, glare,
lights, vibration, dust, smoke, odor, gas, steam, fly-ash, soot, acids,
chemicals, fumes, cinders, worms, insects, rodents, flies, decaying matter,
whether such effects and emanations are natural or result from human or
mechanical alteration or manipulation of materials. A nuisance also include
residues or leaching from deposits of matter which seep into water on the
surface or in the ground thereby making it unfit or unpalatable for human
consumption, or for use by domestic animals. A nuisance includes a condition
which is indecent, obnoxious, or offensive to the senses.
Section
3: Abatement. It is the duty of the person who creates, causes, allows, suffers
or permits the existence of a nuisance, to abate the same. The term “abate” or
“abatement” shall include, but not be limited to, demolition removal, repair,
maintenance, construction, reconstruction, replacement and reconditioning of
structures, appliances, appurtenances or equipment; and it shall also include
removal, transportation, buying, disposal and treatment of refuse, manure or
other substance or media capable of causing obnoxious odors or of attracting or
breeding flies, and the application of chemicals insecticides or other
substances or the use of mechanical means to control, eradicate and eliminate
the nuisance conditions, including screen-belts of trees and fences.
Section
4: Notice to Remove or Eliminate
Nuisance. The owner, if possible, and the occupant
of any property upon which any nuisance as forth in Section 2 hereof is found
to exist shall be notified in writing to remove or eliminate such nuisance from
such property within 14 days after service of the notice upon that person. Such
notice may be served personally or by certified mail, return receipt requested.
Additional time may be granted by the enforcement officer where bonafide
efforts to remove or eliminate such nuisance are in progress.
Section 5:
Enforcement. This Ordinance shall be enforced by such
persons who shall be so designated by the Township Board.
Section
6: Sanctions. Any person, firm, association, partnership, corporation or governmental
entity who violates any of the provisions of this Ordinance shall be deemed
responsible for a municipal civil infraction as defined by Michigan Statute
which shall be punishable by a civil fine determined in accordance with the
following schedule:
Minimum
Fine Maximum Fine
1st offense
within 3-year period* ------------------ $ 75.00 $500.00
2nd offense within 3-year period* ------------------ $150.00 $500.00
3rd offense within 3-year period* ------------------ $375.00 $500.00
4th or subsequent offense within 3-year period* ---- $500.00 $500.00
*determined on the basis of the date of commission of the offense(s).
Additionally, the violator shall pay costs which may include all expenses,
direct and indirect, to which
Section
7: Violations—Civil Action. The Township or any other person
adversely affected by a violation of this Ordinance may commence a civil action
in the Circuit Court for an injunction, or other appropriate remedy, to
prevent, enjoin, abate, correct or remove the items alleged to violate this
Ordinance and to prevent, enjoin, abate or otherwise prohibit continued
violation of this Ordinance. The rights
and remedies provided herein are cumulative and in addition to other remedies
provided by law.
Section 8: Severability. The provisions of this Ordinance are hereby
declared to be severable and if any part is declared invalid for any reason by
a court of competent jurisdiction it shall not affect the remainder of the
Ordinance which shall continue in full force and effect.
Section 9: Deleted
Section 10: Effective Date. This Ordinance shall take effect 30 days
after publication.
Copies of the ordinance may
be viewed at the Milton Township Hall located at
Jacqueline Boggs,