Demo 4

Code of Ordinance

Public nuisances are hereby declared to be those things, acts or uses of property which:

1. (1) Annoy, injure or endanger the safety, health, comfort or repose of the public.
2. (2) In any way render the public insecure in life or in the use of their property.
3. (3) Affect, to any extent, the public peace and safety. (Comp. Ords. 1987, § 20.101)

It shall be unlawful for any person to create or maintain a public nuisance as defined in section 30-31. [3]

Footnotes:

--- (3) --- Editor's note— Entire article newly adopted on June 21, 2005 (Ordinance No. 133).

It is hereby found and declared areas of the Village of Mayville ("Village") are or may become blighted with detrimental or inimical results to the health, safety, morals, and general welfare of the citizens and to the economic welfare of the municipality; that in order to improve and maintain the general character of the municipality it is necessary to rehabilitate such blighted areas; that the conditions found in blighted areas cannot be remedied by the ordinary operations of private enterprise with due regard to the general welfare of the public, without public participation; that the purposes of this ordinance are to rehabilitate such areas by eliminating blight and blight factors within all areas of the village for the protection of the health, safety, morals, and general welfare of the municipality, and to preserve existing values of other properties within or adjacent to such areas and all other areas of the village; and the necessity and the public interest for provisions herein set forth are hereby declared as a matter of legislative determination to be a public purpose, and for the protection of the health, safety and welfare of the residents of the Village of Mayville.

For the purpose of this article, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Blighted structure. Any fence, dwelling, garage, accessory or outbuilding, or swimming pool, or any commercial building, factory, shop, store, office building, warehouse, or any other structure or part of a structure which:

1. 1. Because of any cause, natural or otherwise, including, but not limited to, fire, wind, natural disaster, physical deterioration or failure to maintain is no longer habitable as a dwelling or useful for the purpose for which it was originally intended; or
2. 2. Is partially completed and which is not presently being constructed under an existing, valid building permit; or
3. 3. Is not structurally sound, weather-tight, waterproof or vermin-proof; or
4. 4. Is not covered by a water resistant paint or other waterproof building material as to protect said structure form the adverse effects of the elements or from physical deterioration; or
5. 5. Is in deteriorating condition which causes blighting influences on adjoining properties. Deteriorating condition(s) includes, but is not limited to, having broken glass, loose shingles, crumbling stone or brick, excessive peeling paint, unstable porches or stairs, cracked boards or blocks, or other conditions reflective of deterioration or inadequate maintenance or repair. Building material. Any lumber, bricks, concrete, cinder blocks, 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 buildings or structures. Commercial Building. Any building or structure used for business purposes including, but not limited to, office, retail, service and/or industrial buildings or structures. Enforcement Officer. The Village of Mayville Zoning Administrator, Village Manager or his/her designee, or any Village of Mayville Police Officer. Junk. Any abandoned, discarded, unusable objects or equipment, any object or equipment unused for its originally intended purpose, including, but not limited to, fences, furniture, stoves, refrigerators, freezers, cans, implements, parts of motor vehicles, machinery, cloth, rubber, bottles, any metals, boxes, cartons, crates, signs, perishable items, tires or other similar items. Junk shall also include the discarding or disposal of personal property on or adjacent to a sidewalk or road right-of-way during the course of serving or execution of a writ of restitution or other court order which requires the removal of personal property from a building. In this article, the terms "trash, refuse and rubbish" shall be deemed to be synonymous with, the term "junk". Person. Any natural person, firm, association, partnership, limited liability corporation or corporation. Unsecured vacant building. Any building which is unoccupied and which is not securely locked, the windows glazed or of which is not securely boarded up and/or protected against the elements, from vandals, and/or from rodents and/or other animals. (Ord. No. 153, § 1, 1-20-2009)

Except as may otherwise be permitted by the holding of a specific business license or by other ordinances of the Village of Mayville or state or federal law, no person shall:

1. (a) Store, accumulate, or permit the storage or accumulation of junk on premises owned, leased, or occupied by him/her unless such junk is stored or accumulated for purposes of collection and disposal, in which case such junk shall be stored or accumulated in a closed container, if possible, or in a closed structure. If it is impossible to store or accumulate such junk in a closed container or closed structure, such junk shall be covered in a manner sufficient to prevent such materials from causing dust and debris to be blown about or spread to other areas. Junk may be stored or accumulated in such manner only for the minimum period necessary to provide for collection and disposal of same.
2. (b) Store, accumulate, or permit the storage or accumulation of any building materials on property owned, leased, rented or occupied by him/her for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than sixty (60) days.
3. (c) Keep or permit the existence of any unsecured vacant building on property owned, leased, rented or occupied by him/her.
4. (d) Keep or permit the existence of any blighted structure on property owned, leased, rented or occupied by him/her.
5. (e) Placing trash, refuse and/or rubbish at the location for refuse collection (at street side, curb side, etc.) more than 72 hours before the time and day scheduled for refuse collection and/or leaving refuse containers, trash containers, garbage cans or uncollected refuse at the location for refuse collection (at street side, curb side, etc.) more than 24 hours after trash and refuse has been collected.
6. (f) Discarding or disposing of junk, trash, refuse or rubbish in any receptacle or container, public or private, which junk, trash, refuse or rubbish has been generated outside of the village and which has been brought into the village limits; except that this section shall not apply to said material which has been deposited into, a properly licensed waste transfer station. (Ord. No. 153, § 2, 1-20-2009)

Before commencing prosecution under this article, the enforcement officer shall give notice to the person charged with violating this article. Such notice shall be in writing, and shall be served upon said person or, at the option of the enforcement officer, by posting a copy of this notice on the land or attaching a copy of the notice to the building or structure. In addition, a copy of the notice shall be sent by first class mail to the owner of the land, building, or structure at the owner's last known address. The notice shall specify that failure to remedy the violation within ten days of the date of personal service or 12 days from the date of mailing shall result in the issuance of a municipal civil infraction violation notice. For purposes of this article, the person who is charged with violating in this article shall be deemed to have been served, with notice if the notice is mailed to the address as provided in the most recent tax roll of the Village of Mayville. If a person acquires an interest in premises pursuant to a mortgage foreclosure, deed in lieu of foreclosure, land contract foreclosure or forfeiture, said person shall be deemed to have authorized notice as provided above, unless and until said person notifies the village assessor, in writing, of a change in address for the ad valorem property tax roll. (Ord. No. 153, § 3, 1-20-2009)

Failure to comply with the notice given by the enforcement officer within the time specified shall constitute a municipal civil infraction, which shall be processed in accordance with sections 1-15 through 1-21 of this Code and the penalties for which are prescribed therein. Each day this ordinance is violated shall be considered as a separate violation. In addition to the foregoing fines, the Court may assess as costs, the damages and expenses incurred by the Village in enforcement of this ordinance against the violator, including the costs of prosecution. The assessment and collection of these fines and costs shall be in accordance with MCLA 600.8701 et seq. In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the Ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.

If the village manager, or his/her designee, determines that blight or blighting factors exist or the blight or blighting factors have not been removed after service of the removal notice as set forth in section 30-36, the cause of the blight or blighting factors may be removed by the Village upon the direction of the village manager, or his/her designee. The Superintendent of Public Works shall keep or cause to be kept an accurate account of all expense incurred with respect to each parcel of land entered upon in carrying out the provisions of this ordinance and shall make a sworn statement of the account and present it to the village manager.

The Village Manager, Superintendent of Public Works or the Chief of Police, or their designated representatives, are hereby authorized to enter upon any premises in the Village for the purpose of removing blight or blighting factors in accordance with the provisions of section 30-38.

A copy of the sworn statement provided for in section 30-38, including an account of the costs incurred on each of the several descriptions or parcels of property, shall be transmitted to the village treasurer. The village treasurer shall add to all such accounts so audited and allowed ten percent (10%) of the total of each account, and shall cause all such expenditures so audited and allowed, together with the additional ten percent (10%), to be severally levied on the lands on which such expenditures were made. The amount levied for each such case shall be no less than on hundred dollars ($100.00). Such amounts shall be severally spread upon the tax roll in preparation and collection as other village taxes are made, and when collected shall be paid into the general fund of the village to reimburse the village for the costs of publication, overhead and other expense and outlay as authorized in this ordinance.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Secs. 30-43—30-60. - Reserved. [4]

Footnotes:

--- (4) --- Cross reference— Buildings and building regulations, ch. 18. State Law reference— Dangerous buildings, MCL 125.538 et seq., MSA 5.2891(18) et seq.

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: Dangerous building means a building or structure that has one or more of the following defects or is in one or more of the following conditions:

1. (1) A door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the village.
2. (2) A portion of the building or structure is damaged by fire, wind, flood or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of this article or a building code of the village for a new building or structure, purpose or location.
3. (3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property.
4. (4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by this article or a building code of the village.
5. (5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
6. (6) The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used.
7. (7) The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
8. (8) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the village determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling.
9. (9) A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
10. (10) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under article 25 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2501—339.2515, MSA 18.425(2501)—18.425(2515)). For purposes of this subsection, the term "building or structure" includes but is not limited to a commercial building or structure. This subsection does not apply to either of the following: a. A building or structure as to which the owner or agent does both of the following:
    1. 1. Notifies the village that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the village by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
    2. 2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this article or a building code of the village. b. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the village that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subsection shall notify the village not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, the term "secondary dwelling" means a dwelling such as a vacation home, hunting cabin or summer home that is occupied by the owner or a member of the owner's family during part of a year. Cross reference— Definitions generally, § 1-2. State Law reference— Similar definition, MCL 125.539, MSA 5.2891(19).

It is unlawful for any owner or agent thereof to keep or maintain any building or dwelling or part thereof which is a dangerous building as defined in section 30-61. (Comp. Ords. 1987, §§ 20.102(c), 20.105) State Law reference— Similar provisions, MCL 125.538, MSA 5.2891(18).

1. (a) Notice required. Notwithstanding any other provision of this article, if a building or structure is found to be a dangerous building, the village shall issue a notice that the building or structure is a dangerous building.
2. (b) Persons who may be served notice. The notice shall be served on each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records.
3. (c) Contents of notice; right to hearing. The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building. The person to whom the notice is directed shall have the opportunity to show cause at the hearing why the hearing officer should not order the building or structure to be demolished, otherwise made safe, or properly maintained.
4. (d) Hearing officer. The hearing officer shall be appointed by the village president, to serve at his pleasure. The hearing officer shall be a person who has expertise in housing matters, including but not limited to an engineer, architect, building contractor, building inspector or member of a community housing organization. An employee of the village shall not be appointed as hearing officer. The village shall file a copy of the notice that the building or structure is a dangerous building with the hearing officer.
5. (e) Form and service of notice. The notice shall be in writing and shall be served upon the person to whom the notice is directed either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served on a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice shall be served upon the owner or party in interest at least ten days before the date of the hearing included in the notice. State Law reference— Similar provisions, MCL 125.540, MSA 5.2891(20).

1. (a) A judgment in an action brought pursuant to section 30-64(g) may be enforced against assets of the owner other than the building or structure.
2. (b) The village shall have a lien for the amount of a judgment obtained pursuant to section 30-64(g) against the owner's interest in all real property located in the state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this section does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances. State Law reference— Similar provisions, MCL 125.541a, MSA 5.2891(21a).

A person who fails or refuses to comply with an order approved or modified by the village council under

conviction, in accordance with section 1-11. State Law reference— Similar provisions, MCL 125.541b, MSA 5.2891(21b).

An owner aggrieved by any final decision or order of the council under section 30-64 may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision. State Law reference— Similar provisions, MCL 125.542, MSA 5.2891(22). Secs. 30-68—30-90. - Reserved. [5]

Footnotes:

--- (5) --- Cross reference— Noisy animals and other nuisance animals, § 14-63.

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. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public, or offends public decency, is hereby declared to be a public nuisance. (Comp. Ords. 1987, § 20.691) Cross reference— Definitions generally, § 1-2.

Any person who violates any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-11. (Comp. Ords. 1987, § 20.695)

It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the village. The following acts, among others, are declared to be loud, disturbing, injurious, and unnecessary and unlawful noises in violation of the section, but this enumeration shall not be deemed to be exclusive:

1. (1) Horns and signal devices on vehicles. The sounding of any horn or signal device of any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or, if in motion, only as a danger signal after or as brakes are being applied and decelerating of the vehicle has begun; the creation by means of such signal device of any unreasonably loud or harsh sounds; and the sounding of any signal device for any unreasonable or unnecessary period of time.
2. (2) Radios, phonographs and musical instruments. The playing of any radio, phonograph, television set, amplified or unamplified musical instrument, loudspeaker, tape recorder or other electronic sound-producing device in such manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel, hospital or other type of residence, or of any persons in the vicinity. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible on a property or in a dwelling unit other than that in which it is located shall be prima facie evidence of a violation of this section.
3. (3) Shouting and whistling. Yelling, shouting, hooting, whistling, singing or the making of any other loud noises on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel, hospital or other type of residence, or in any office, or of any persons in the vicinity.
4. (4) Hawking. The hawking of goods, merchandise or newspapers in a loud or boisterous manner.
5. (5) Noisy animals and birds. The keeping of any animal or bird which, by causing frequent or loud continued noise, shall disturb the comfort or repose of any person.
6. (6) Whistles or sirens. The blowing of any whistles or sirens, except to give notice of the time to begin or stop work or as a warning of fire or danger.
7. (7) Engine exhausts. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
8. (8) Construction noise. The erection (including excavation therefor), demolition, alteration or repair of any building, and the excavation of streets and highways, on Sundays and other days, except between the hours of 7:00 a.m. and 8:00 p.m., unless a permit therefor is first obtained from the village council.
9. (9) Handling merchandise. The creation of loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
10. (10) Devices to attract attention. The use of any drum, loudspeaker, amplifier, or other instrument or device for the purpose of attracting attention for any purpose. (Comp. Ords. 1987, § 20.692)

None of the terms or prohibitions of section 30-93 shall apply to or be enforced against:

1. (1) Any police or fire vehicle or any ambulance, while engaged upon necessary emergency business.
2. (2) Necessary excavations in or repairs of bridges, streets or highways or any public utility installation by or on behalf of the village or any public utility or any agency of the state, during the night or on Sunday, when the public safety, welfare and convenience necessitates the performance of the work at such times.
3. (3) The reasonable use of stationary amplifiers or loudspeakers for public addresses which are noncommercial in character.
4. (4) The use of sound amplifiers or other such devices by churches or other organizations approved by the council.
5. (5) Trains. (Comp. Ords. 1987, § 20.693)

If there is any evidence of retaliation by any offender under this article against any complainant or witness, such evidence shall be communicated to the district court magistrate. In sentencing any violator, the district court magistrate shall first examine the evidence of retaliation, and, if such be shown, shall consider such acts and sentence the violator accordingly. (Comp. Ords. 1987, § 20.694) Secs. 30-96—30-120. - Reserved. [6]

Footnotes:

--- (6) --- Editor's note— Entire article revised on March 21, 2006 (Ordinance No. 138). Cross reference— Traffic and vehicles, ch. 66. State Law reference— Abandoned vehicles, MCL 257.252(a) et seq.

It is hereby found and declared that the purpose of this ordinance is to prevent, reduce or eliminate blight or potential blight within the Village of Mayville by the prevention or elimination of certain environmental causes of blight factors which exist or which may in the future exist in the village, to-wit junk vehicles and equipment; and that the necessity and the public interest for provisions herein set forth are hereby declared as a matter of legislative determination to be a public purpose and for the protection of the health, safety, morals and general welfare of the citizens and to the economic welfare of the municipality.

For the purpose of this ordinance, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Enforcement officer. The chief of police or his/her designee. Equipment. Any motorized machine designed for or adapted and used for agriculture, horticulture, forestry, grounds maintenance, lawn and garden, construction, materials handling and earth moving. Illegal motor vehicle. Any vehicle that is not currently licensed or insured, to be legally driven on any street or highway. Inoperable motor vehicle. Any motor vehicle or parts thereof which by reason of dismantling, disrepair, or other cause is incapable of being properly propelled under its own power. Inoperable trailer. Any trailer or parts thereof which by reason of dismantling, disrepair, or other cause is incapable of being properly propelled in conjunction with a motor vehicle. Junk vehicle or junk equipment. Any vehicle, trailer or equipment, or parts thereof, which violates any provision of this ordinance. Motor vehicle. Any vehicle which is self-propelled, including industrial and construction equipment. Person. Any natural person, firm, association, partnership, limited liability corporation or corporation. Trailer. Any vehicle, with or without motive power, designed for carrying property or persons and for being drawn by another vehicle, including, but not limited to, house trailers, recreational trailers, trailer coaches, campers, fifth wheels, pole-trailers, semi-trailers and tractor trailers. Vehicle. Any device in, upon, or by which any person or property is or may be transported or drawn. (Ord. No. 170, 2-18-2014; Ord. No. 174, 2-21-2017)

No person shall park, store or place upon any public right-of-way or public property any motor vehicle, trailer or equipment, or new or used parts or junk thereof; and no owner, possessor or occupier of land, and no person in charge of any land in the village shall park, store, place or permit the parking, storage or placement thereof upon any premises within the village, except as permitted by the zoning ordinance, any motor vehicle, trailer or equipment, or new or used parts or junk thereof, unless the vehicle, trailer or equipment, or part thereof, is wholly contained within a fully enclosed building and does not violate any zoning or building laws of the village, county or state, except for the following:

1. (a) Operable vehicles or trailers with substantially all main component parts attached that are properly displaying a registration from the State of Michigan secretary of state that is currently valid or no more than 60 days expired;
2. (b) Operable vehicles or trailers with substantially all main component parts attached that are kept as the stock in trade of a regularly licensed and established new or used automobile, trailer or other motorized vehicle dealer and that are insured in full accordance with Public Act 300 of 1949 (MCLA 257.511 et seq.);
3. (c) Vehicles or trailers on private property that are temporarily inoperable because of minor mechanical failure but which are not in any manner dismantled and have substantially all main component parts attached, which may remain upon such private property for not to exceed 30 days; except that such vehicle may remain upon the premises of a licensed motor vehicle repair garage for a period not to exceed 90 days, with extension of additional 30-day periods upon enforcement officer approval of written proof the offending vehicle is involved in insurance claim litigation or a similar matter and additional time is required for settlement before a vehicle can be moved;
4. (d) No more than one vehicle or trailer, unless such vehicle or trailer presents a health or safety hazard, for which the body thereof is fully covered with a commercially manufactured cloth or opaque plastic car cover. Said car cover shall be kept in new or like new condition and shall be specifically designed to attach tightly to and cover the entire vehicle or trailer body; and
5. (e) No more than one operable vehicle or trailer with substantially all main component parts attached that is not properly displaying a registration from the State of Michigan secretary of state that is currently valid or no more than 60 days expired, but that is being advertised for sale upon first obtaining a permit from the police chief. The sale shall be for no more than 60 days per calendar year per household, to be permitted in no more than two (2) increments of exactly 30 consecutive days each.
6. (f) All vehicles or trailers, that fit the before mentioned requirements, must be parked on a cement pad or mowed grassy area. (Ord. No. 170, 2-18-2014)

No person shall repair, redesign, modify or dismantle any vehicle, trailer or equipment upon any public right-of-way or public property or on any property within the village, except as permitted by the zoning ordinance, for a period in excess of 48 hours, except as shall be accomplished within fully enclosed buildings, will not constitute a nuisance or annoyance to adjoining property owners or occupants, and does not violate any provisions of the zoning ordinance. Any such work within such 24-hour period shall not, however, consist of any major repair, redesigning, modifying or dismantling work, but only such occasional minor work as may infrequently be required to maintain a vehicle, trailer or equipment, or parts thereof, in normal operating condition. No person shall perform any major repair, redesigning, modifying or dismantling work on any vehicle, trailer or equipment upon any property within the village, except as permitted by the zoning ordinance, without first obtaining a permit issued by the police chief. Said major work shall be for no more than 28 days per calendar year per household, to be permitted in no more than two increments of exactly 14 consecutive days each.

The provisions of this article shall apply to the person who owns the motor vehicle, trailer, equipment and/or parts thereof; to the person having charge, custody or control of the motor vehicle, trailer, equipment and/or parts thereof; and also to any person who owns, possesses, occupies or has charge, custody or control over any private premises on which the motor vehicle, trailer, equipment and/or parts thereof is located; and all such persons shall be responsible for the removal thereof. For purposes of this article, a person shall be deemed to own premises if the person has a fee interest, jointly or separately, a land contract vendee's interest, an interest obtained pursuant to a mortgage foreclosure sale, a deed in lieu of foreclosure, land contract foreclosure or land contract forfeiture, whether or not said interest is subject to a right of redemption. (Ord. No. 154, § 1, 1-20-2009)

If the regulations in this section create any special hardship beyond the control of a particular violator thereof because of unforeseen circumstances, the enforcement officer is hereby given the authority to grant permission to an applicant to operate contrary to the provisions of this ordinance for a limited period of not to exceed 14 days, provided that no adjoining property owner or occupant is unreasonably adversely affected thereby and the spirit and purpose of this ordinance are still substantially observed. (Ord. No. 170, 2-18-2014)

Before commencing prosecution under this article, the enforcement officer shall give, notice to the person or persons charged with violating this article. Such notice shall be in writing, and shall be served upon said person or persons or, at the option of the enforcement officer, by posting a copy of this notice on the land or attaching a copy of the notice to the building. In addition, a copy of the notice shall be sent by first class mail to said person or persons at their last known address. The notice shall specify that failure to remedy the violation within three days of the date of personal service or five days from the date of mailing shall result in the issuance of a municipal civil infraction violation notice. For purposes of this article the owner of the premises, as defined in this article, shall be deemed to have been served with notice if the notice is mailed to the address as provided in the most recent tax roll of the village. If a person acquires an interest in premises pursuant to a mortgage foreclosure, deed in lieu of foreclosure, land contract foreclosure or forfeiture, said person shall be deemed to "have authorized notice as provided above, unless and until said person notifies the village assessor, in writing of a change, in address for the ad valorem property tax roll. (Ord. No. 154, § 2, 1-20-2009; Ord. No. 170, 2-18-2014; Ord. No. 174, 2-21-2017)

Failure to comply with the notice given by the enforcement officer within the time specified shall constitute a municipal civil infraction, which shall be processed in accordance with sections 1-15 through 1-21 of this Code and the penalties for which are prescribed therein. Each day this ordinance is violated shall be considered as a separate violation. In addition to the foregoing fines, the court may assess as costs, the damages and expenses incurred by the village in enforcement of this ordinance against the violator, including the costs of prosecution. The assessment and collection of these fines and costs shall be in accordance with MCLA 600.8701 et seq. In addition to any remedies available at law, the village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.

If the enforcement officer, or his/her designee, determines that a junk vehicle, equipment and/or parts thereof exists or has not been removed after service of the removal notice as set forth in section 30-126, the junk vehicle, equipment and/or parts thereof may be removed from the premises, impounded, and destroyed or sold for junk at the discretion of the enforcement officer. The chief of police shall keep or cause to be kept an accurate account of all expense incurred and property impounded, destroyed or sold with respect to each parcel of land entered upon in carrying out the provisions of this ordinance and shall make a sworn statement of the account and present it to the enforcement officer. (Ord. No. 170, 2-18-2014)

The enforcement officer or the chief of police, or their designated representatives, are hereby authorized to enter upon any premises in the village for the purpose of removing junk vehicles, equipment and/or parts thereof in accordance with the provisions of section 30-129. (Ord. No. 170, 2-18-2014)

A copy of the sworn statement provided for in section 30-129, including an account of the costs incurred on each of the several descriptions or parcels of property, shall be transmitted to the village treasurer. The village treasurer shall add to all such accounts so audited and allowed ten percent of the total of each account, and shall cause all such expenditures so audited and allowed, together with the additional ten percent, to be severally levied on the lands on which such expenditures were made. The amount levied for each such case shall be no less than $150.00 per junk vehicle or piece of equipment removed. Such amounts shall be severally spread upon the tax roll in preparation and collection as other village taxes are made, and when collected shall be paid into the general fund of the village to reimburse the village for the costs of publication, overhead and other expense and outlay as authorized in this ordinance. Any sums realized on the sale of any junk vehicle, equipment and/or parts thereof may be retained by the village to reimburse it for the costs incurred in such removal and sale to the extent of such costs outlined above. Any balance of such sums remaining after such reimbursement shall be returned to the owner of such junk vehicle, equipment and/or parts thereof.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Secs. 30-134—30-150. - Reserved. [7]

Footnotes:

--- (7) --- Editor's note— Entire article revised on June 21, 2005 (Ordinance No. 134). State Law reference— Noxious weeds, MCL 247.61 et seq.; obnoxious plants and trees, MCL 124.151 et seq.

For the purpose of this ordinance, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Enforcement officer. The Village of Mayville Zoning Administrator, or any other officer of the village so designated shall enforce the provisions of this article. Noxious or poisonous weeds. Canada thistle (Circium arvense), milkweed (Asclepias cornutus), oxeye daisy (Chrysanthemum leucanthemum), goldenrod (Solidago), burdock (Arctium lappa), dodders (any species of Custcuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (Ambrosia elatior 1.), poison ivy (Rhus toxicondendron), poison sumac (Toxicondendron vernix) or any other tree, shrub, plant, weed or other noxious material regarded as a common public nuisance. Person. Any natural person, firm, association, partnership, limited liability corporation or corporation. Public nuisance. Any tree, shrub, plant, weed, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious material which endangers public property or the health or safety of the public. (Ord. No. 171, 3-18-2014)

No owner, possessor or occupier of land, and no person in charge of any land in the village shall permit or maintain on any such premises any dead or diseased trees, noxious or poisonous weeds, shrubs or plants, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious materials.

As often as may be necessary to comply with the provisions of this ordinance, every owner, possessor or occupant of land, and every person in charge of any land in the village shall remove, destroy or cut, by lawful means, all dead or diseased trees, any accumulation of dead weeds, grass or brush, noxious or poisonous weeds, shrubs or plants growing thereon in such a manner as will also effectively prevent such weeds, shrubs or plants from blossoming, bearing seed, spreading to adjoining property or becoming a fire hazard. Notwithstanding anything contained in this article to the contrary, every owner, possessor or occupant of land, and every person in charge of any land in the village, such parcel being ten acres or less, shall at all times keep any grass, weeds, rank vegetation, non-woody surface vegetation and other similar plants so that the height of such plants, or any part or portion thereof, from the ground to the part farthest away from the ground shall at all times be less than eight inches. (Ord. No. 171, 3-18-2014; Motion of 6-17-2014)

This ordinance will be published in the local newspaper, on the village web site, and mailed with the water bills in April of each year. When a complaint comes to the village of a violation of this ordinance, the enforcement officer will inspect the property. Before commencing prosecution under this article, the enforcement officer shall post a copy of this ordinance violation to the building or structure. The notice shall specify that failure to remedy the violation within 48 hours of posting, shall entitle the village to enforce section 30-156 at the expense of the property owner. (Ord. No. 155, § 1, 1-20-2009;Ord. No. 171, 3-18-2014)

Editor's note— Ord. No. 171, adopted Mar. 18, 2014, deleted § 30-155, which pertained to penalty and derived from Ord. No. 134, revised on June 21, 2005.

If any person shall fail or neglect to comply with the removal, destruction or cutting required by this ordinance, the superintendent of public works shall cause all such dead or diseased trees, noxious or poisonous weeds, shrubs or plants, any accumulation of dead weeds, grass or brush, trash, debris, refuse, filth or other noxious materials to be cut, removed or destroyed upon lands of the person not complying with the provisions of this ordinance at the expense of the property owner. The superintendent of public works shall keep or cause to be kept an accurate account of all expense incurred with respect to each parcel of land entered upon in carrying out the provisions of this ordinance and shall make a sworn statement of the account and present it to the village council. The charges will be as follows: $35.00 per person per hour. $82.35 per hour for mower. Plus the cost of any equipment rental rate. These rates are subject to change by approval of the village council. (Ord. No. 171, 3-18-2014) Editor's note— Ord. No. 171, adopted Mar. 28, 2014, changed the title of § 30-156 from "Cutting by village upon failure of owner to comply" to "Penalty and cutting by village upon failure of owner to comply."

The superintendent of public works or the chief of police, or their designated representatives, are hereby authorized to enter upon any premises in the village for the purpose of cutting, removing or destroying poisonous and noxious weeds, brush, grass, shrubs, plants, trees, non-woody surface vegetation, debris, refuse, filth or other noxious materials in accordance with the provisions of section 30- 156. (Ord. No. 171, 3-18-2014)

A copy of the sworn statement provided for in section 30-156, including an account of the costs incurred on each of the several descriptions or parcels of property, shall be transmitted to the village treasurer. The village treasurer shall add to all such accounts so audited and allowed ten percent of the total of each account, and shall cause all such expenditures so audited and allowed, together with the additional ten percent, to be severally levied on the lands on which such expenditures were made. The amount levied for each such case shall be no less than $117.35 unless changed by the village council. Such amounts shall be severally spread upon the tax roll in preparation and collection as other village taxes are made, and when collected shall be paid into the general fund of the village to reimburse the village for the costs of publication, overhead and other expense and outlay as authorized in this ordinance. (Ord. No. 171, 3-18-2014)

The village clerk shall on or before April 1 of each year give notice of requirements and provisions of this article by publishing a notice once a week for two successive weeks in a newspaper of general circulation in the village. In addition, a notice of requirements and provisions of this article shall be included in the last water bill of each account prior to April 1 of each year. (Ord. No. 171, 3-18-2014)

Exempted from the provisions of this article are flower gardens, plots of shrubbery, vegetable gardens and grain plots. An exemption under the terms of this section cannot be claimed unless the land has been cultivated and cared for in a manner appropriated to such exempt categories.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Secs. 30-163—30-170. - Reserved. [8]

Footnotes:

--- (8) --- Editor's note— Ord. No. 148, § 1, adopted Apr. 19, 2007, repealed Art. VIII, §§ 30-171—30-180, which pertained to snow and ice removal and derived from Ord. No. 137, adopted Feb. 21, 2006. Secs. 30-171—30-180. - Reserved. [1]

Footnotes:

--- (1) --- Cross reference— Buildings and building regulations, ch. 18; civil emergencies, ch. 22; burying or burning garbage, § 54-124. State Law reference— State fire prevention code, MCL 29.1 et seq., MSA 4.559(1) et seq.; crimes relating to fires, MCL 750.240 et seq., MSA 28.437 et seq.; crimes relating to explosives and bombs, MCL 750.200 et seq., MSA 28.397 et seq.

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