Blight Elimination Ordinance
 

COLOMA CHARTER TOWNSHIP
BERRIEN COUNTY, MICHIGAN
ORDINANCE NO. 85

BLIGHT ELIMINATION ORDINANCE

ADOPTED:    June 8, 2005
EFFECTIVE: IMMEDIATELY FOLLOWING PUBLICATION
AFTER ADOPTION

An Ordinance to prevent, reduce or eliminate blight, blighting factors and causes of blight within the Charter Township of Coloma, Berrien County, Michigan and to provide for sanctions for the violation hereof.

THE CHARTER TOWNSHIP OF COLOMA
BERRIEN COUNTY, MICHIGAN
ORDAINS:

SECTION I
TITLE

This Ordinance shall be known and cited as the “Coloma Charter Township Blight Elimination Ordinance”.

SECTION II
PURPOSE

Consistent with the letter and spirit of Public Act 359 of 1947, as amended, it is the purpose of this Ordinance to prevent, reduce or eliminate blight or potential blight in Coloma Charter Township by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist within the Township.

SECTION III
DEFINITIONS

As used in this Ordinance, the following words shall have the meanings stated herein:

A. “Inoperable motor vehicle” shall mean a motor vehicle where any of the following conditions exist:

1. It is being dismantled for the sale, salvage, repair or reclamation of parts thereof;

2. It does not have all of its main component parts properly attached;

3. The vehicle is incapable of being driven under its own power for more than 14 days in any one calendar year.

B. “Litter” shall mean all garbage, scrap and waste materials including, but not limited to: rags; cartons, cans, bottles, wooden skids or pallets or parts therefrom (excluding those stored and used in connection with an industrial or commercial operation on the site); inoperable and discarded appliances and equipment; motor vehicle parts and other similar items.

C. “Main component parts” shall mean fenders, hood, wheels, radiator, motor, windows, doors, muffler, body and essential parts of the engine.

SECTION IV
PROHIBITION OF BLIGHT

It is hereby determined that the following listed uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods.  On and after the effective date of this Ordinance, no person, firm or corporation shall maintain or permit to be maintained any of the following listed causes of blight or blighting factors upon any property in Coloma Charter Township owned, leased, rented or occupied by such person, firm or corporation:

A. The outdoor storage upon any premises primarily used or zoned for residential purposes of one or more unlicensed (i.e., lacking a current and valid license displayed upon it) and/or inoperable motor vehicles. 

B. The outdoor storage upon any premises primarily used or zoned for residential purposes of building materials unless there is in force a valid building permit issued by the Coloma Charter Township Building Official for construction upon said premises and said materials are intended for use in connection with such construction.  “Building materials” shall include 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.

C. The outdoor storage upon any premises (other than a licensed landfill) of litter, junk, rubbish or refuse of any kind, unless stored in a covered receptacle(s) between regular, not less than monthly, litter/garbage collection by a public or private litter or garbage collection service

D. Any building, fence or other structure or portion thereof which, because of fire, wind, physical deterioration or other cause is (1) structurally unsound and likely to collapse or become detached or dislodged, or (2) if a dwelling, is no longer legally habitable.

E. Any vacant building unless kept securely locked, windows glazed or neatly boarded up and otherwise kept secured from casual entry.

F. Any partially completed building or other structure for which a building permit is lawfully required unless such building or structure is in the process of being constructed pursuant to a valid building permit issued by the Coloma Charter Township Building Official.

SECTION V
SANCTIONS

Any person, firm or corporation who violates any of the provisions of this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by a civil fine of not more than $500.00 along with costs which may include all expenses, direct and indirect, to which Coloma Charter Township has been put in connection with the municipal civil infraction.  In no case, however, shall costs of less than $9.00 nor more than $500.00 be ordered.  A violator of this Ordinance shall also be subject to such additional sanctions and judicial orders as are authorized under Michigan Law.  Each day that a violation of this Ordinance continues to exist shall constitute a separate violation of this Ordinance.  The sanctions herein provided for shall be in addition to any injunctive or other relief which might be available or appropriate under the circumstances.

SECTION VI
SEVERABILITY

This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses hereof are declared to be severable.  If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.  The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Ordinance.

SECTION VII
REPEAL

This Ordinance is not intended to repeal the Coloma Charter Township Litter and Debris Ordinance (Ordinance No. 39) or any other existing Township ordinance.  In the case of any conflict between the provisions of this Ordinance and any other Coloma Charter Township ordinance, it is intended that the more stringent regulatory provision shall control.

SECTION VIII
EFFECTIVE DATE

This Ordinance shall take effect immediately following publication after adoption. 

Nancy Baiers, Clerk
Charter Township of Coloma