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COLUMBIA TOWNSHIP

ANTI BLIGHT ORDINANCE – 2005-04

THE TOWNSHIP OF COLUMBIA, VAN BUREN COUNTY, MICHIGAN, HEREBY ORDAINS:

An ordinance to prevent, reduce or eliminate blight, blighting factors or causes of blight within Columbia Township, Van Buren 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 TOWNSHIP OF COLUMBIA, VAN BUREN COUNTY, MICHIGAN, ORDAINS:

Section 1: Purpose

Consistent with the letter and spirit of Public Act 344 of 1945, as amended, it is the purpose of this ordinance to prevent, reduce or eliminate blight or potential blight in Columbia Township by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in Columbia Township.

Section 2: Causes of Blight or Blighting Factors

It is hereby determined that the following 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 of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in Columbia Township owned, leased, rented or occupied by such person, firm or corporation.

  1. In any area zoned for residential purposes, the storage upon any property of junk automobiles, except in a completely enclosed building. For the purpose of this ordinance, the term "junk automobiles" shall include any motor vehicle which is not licensed for use upon the highways of the State of Michigan, and shall also include, whether so licensed or not, any motor vehicle which is inoperative.

  2. In any area zoned for residential purposes, the storage upon any property of building materials unless there is in force a valid building permit issued by Columbia Township for construction upon said property and said materials are intended for use in connection with such construction. Building materials shall include but shall be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, glass, plastic, nails, screws, or any other materials used in constructing any structure.

  3. In any area, the storage or accumulation of junk, trash, rubbish or refuse of any kind without a landfill permit, except domestic refuse stored in such a manner as not to create a nuisance for a period not to exceed ten (10). The term "junk" shall include, but is not limited to: parts of machinery or motor vehicles; unused, dilapidated, unlicensed or disassembled snowmobile, ATV, farm tractor, lawn tractor, trailer or semi-trailer, motorcycle; unused stoves or other appliances stored in the open, remnants of wood, metal or any other material or other cast-off material of any kind whether or not the same could be put to any reasonable use.

  4. In any area, the existence of any structure or part of any structure which, because of fire, wind or other natural disaster, or physical deterioration is no longer habitable, if a dwelling, nor useful for any other purpose of which it may have been intended, or as may be prohibited by the Michigan Building Code.

  5. In any area, the existence of any vacant dwelling, garage or other out-building not kept securely locked, windows kept glazed, or neatly boarded up and otherwise protect entrance thereto by vandals or trespassers.

  6. In any area, the existence of any vacant dwelling, garage or other out-building unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals, or other unauthorized persons.

  7. In any area, the existence of 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 township and unless such construction is completed within a reasonable time.

Section 3: Enforcement and Penalties

  1. This ordinance shall be enforced by such persons who shall be so designated by the Township Board.

  2. 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 ten (10) days after service of the notice upon him. 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 causes of blight or blighting factors are in progress.

  3. Failure by the owner and/or occupant to comply with terms of the notice required by Section 3(B) within the time allowed shall constitute a violation of this ordinance.

  4. Violation of this ordinance shall be a misdemeanor which shall be punishable upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding Ninety (90) days or by both such fine and imprisonment in the discretion of the Court of competent jurisdiction.

  5. In addition to all other penalties, Columbia Township, Van Buren County, Michigan, may bring an action for costs of enforcement and prosecution expense upon any person, corporation, business entity, and firm that has violated this ordinance. Such action shall be a civil action in a court of competent jurisdiction. The action shall be entitled in the name of Columbia Township and shall be against the person who has violated this Ordinance.

Section 4: Repeal

(1) Any and all anti-blight ordinances previously adopted by Columbia Township, as amended, are hereby repealed.

(2) All ordinances or provisions of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

Section 5: Effective Date and Adoption

This ordinance shall become effective thirty (30) days after its publication as required by law.

Motion by: Burgett, Second by: Fogarty

Upon roll call vote, the following voted:

Bradford: aye

Burgett: aye

Fogarty: aye

Harrington: nay

Hurley: aye

Adopted: September 20, 2005

Mary Burgett

Clerk, Columbia Township