Demo 4

Code of Ordinance › Chapter 30 — ENVIRONMENT

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.

Printed October 10, 2026 at 1:36 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2232