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Code of Ordinance › Chapter 30 — ENVIRONMENT

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.

Printed October 10, 2026 at 1:38 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2257