Anti • Blight Ordinance

ORDINANCE NUMBER:# 64
Anti • Blight Ordinance
PURPOSE:
An Orcf11111noe to pteVefd, reduce or eliminate blight or potential blight In Fraser Townahip, Bey
County, Michigan by defining and astabtishing canditionl on p(Opettiea whidl a"' IXII'I8idered to
conatnute blight 8nd to prescribe penalties and other relief 1118llable to the TO'tlllnahip to
uDmlnate bllgt'tt and blighting concltions for the pul'fiOM of promoting the public healtt\, safety,
and general welfare of the residents cf FI'8SIM' Town1t'tip, Bay County, Mlclligan.
THE TOWNSHIP OF FRASER, BAY COUNTY, MICHIGAN, ORDAINS:
Section 1: Short 11tte..
This Ordinance shall be known 111 the Fraser Townehip Anti-Blight Oftlinance, Ordinance No.
64.
Sedlon 2: Definitions and eau... of Blight or Blighting Factont.
It ia hereby detennined that the following usea, structures, and activities are causee of blight or
bllghllng factora, which If allowed to exiatl, will tend to result in blighted and undesirable areas
wittUn Fraser Township. On end after ltWl elfeclive tlate of this Ordinance, no person, finn, or
corporation of any kind ahall maintain or permit to be malntllined any of the following cauees of
blight or ~hling factors upon any properties awned, lenecl, ranted, or occupied by such
person, fiml, or corporation within Fraser Townahlp.
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The outdOor storage upon any property of any dlaabled motor veh~e or the dlsauembling,
tear dawn, or scrapping of a motorb:ed vehicle, or the scavenging or atripping Of a motorized
vehiela, including any motolized equipment UMd for farming practices, lawn care, or
construction equipment, •~~cept n permitted by this or other Ordinances of lhe Townahip of
Fraw. For the purpoae of this Ordinance, tile term "di81101ed" motor vehicle includes any
motor driven vet'tlele which Is capable of being self.propetled upon public rights-at-way
(etreete, raeds, highWays, fnlewaya), and prlvale roado, whether so licensed or not. or any
other mClto!"Qd vehiole or equipment whictl Is not llc:enMd for use upon a public right-of·
way for a period in aXQeU cf thirty (30) days. Tile stcnge of a dlaabled motor vehiele(s),
including motortac:l equipment, may be pennilted providing such eton.ge is wlttlin a totally
enclaeed buildmg. The term "t1isable!r &hall mean any motor vehicle, whidl cannot be
op$1'aled andlar Ia not properly licensed ancl stored outside of an encloud building.
Disabled motor vehicles may be permitted when stored within an enctosecl building.
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The storage, MNice. and repair of disabled motor vet't~u or other mac:hinery or
equipment incidental to and during a period when agricultural operations are being
oonducted &hall be pent1itled by the owner or tenant of the premtsu, provided, however,
that IIUCh use is neither a ~~ or lnch.lstrial uee. The storage, servlelng, or repair
Anti-Blight Ordinance
Page2
work lhal net ei!Ceed thirty (30) day~ upon \'llhlch time such dlalbled motorized vehiele,
machinery or equipment an be temoved from lha premia.s.
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The storage upon any prnperty Of bUtiCiing materials un1es1 there Ia In force a vaHd
building permit by the Townwolp for conalruc:tion upon sad property and l8id materialll
are Intended tor uae In connection with IUCh conltr\ICtion. Buleling materials shall
Include, but not rJ~CM18111y limited to lumber, bricka. core ate or Cinder blck:ks, plumbing
materials, ellldrical wiring or eqUipment, hellllng duelS or equipment, lhi1glw cr other
roofing or aiding materials, concrete cr cement, nails, screws, or any other materfal used
in conatructlng any structure.
The storage or accumUlatiOn of junk, ltaah, rubblah, or refuse of any kind, alCCept
domestic refuse stored In IUCh a manner as not to ClUte a nUIIMce for a period not to
elaed thirty (30) dayll. The tenn "junk" lhall include parts of machinery or mcncr
vehicles, "!used appllancas etored In the open, remnanl:l of wood&, ~MW~a, or any
Olher malarial or other Clllt..off material of any kind whether or not the same COUld be put
to any reaeonallle ute.
.
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The atOflge of wood cut for the purpoae ot being UNd for fuel In fireplaces and/or wood
bUrning appliances on l'llllcleutlal parcels one (1) acre or lel8 In aiZ:e shall be limited to
one (1) full cord of cut WOOd. A ful c:ort1 being deftued as cut fuel WDOd equal to 128
CUbic feet in a atack meaturing foil' (<4) feet by tour (4) feel by eight (8) feet. In no caae
lhall cut fuel wood be 8tacked higher than four (4) feet In helglt on lhele AISidentlal
parcela. The atorage of such wood, howeVer, may be allowed In agricultural cllaVicts
wltl'l no limitations pr1)11idlng the propelty meets or exc:aedl tf1e lot area requilwnenta for
lhe zoning dlatrict Where the property is located.
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In any . _ the exlatellQt of ;my structure or part Of any .tructu111 WhiCh beCause of fire,
wind, or other natural dilaater, or ptlysical detenonation is no longer habitable, ae a
dWeli"lj,
prindpla BII'UCture or aoc:eaaory structure. nor ueeful for any other purpose for
which It may have been intended.
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In any area of Fraser Township, tile existence
ot
any vacant buildings, dwalllngs,
gar;agea, or other outbuildings unleM such buildings are kept aecurely locked, wlndOwl
kapt glazed ot neatly boarded up and olhai'WIM protec:tect to prvvent entrance thereto by
unatlthorlzed peraons.
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In any area the llCiltence of any paltielly calftl:)letad 1tructura unleae BUctl structu111 ia in
the cou1118 of conR\Iclion and II in accordanoe with a valid and IUb8iatklg building
penn" iMUad by the Township.
SeeiiOn 3. Notice to Owner, Agent or Occupant
The Townllhip of Fl'llller ehall notify, by registered mall, ratum receipt requeat8d, or by pereoniiM
eer.rice, the owner or owners, agent or agent&. and/or occupant or OCCl4)8ll1& of any property
upon whictl any of the cauMI of blight or blighting factOI'\t as set forth in Section 2 herein are
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Page3
tcund to exlat. 1"he notice sh., l'lquest the removal or elimlnatlan of such cause~ of blight or
blighting factors from said property within thirty (SO) days after mliUng or perwonlll eet'lllce of tne
notice upon 8IICtl owner or owner&, agent or agenl$, and/or oceupant or ocet~pants. FaUurt to
comply with 8UCh notice within the time allowed by t11e owner or ownera, agent or agents, andlor
occupant or OCClll*li8 shall conatitute a violation of this Ordinance.
The Zoning Administrator shall lnapect eaoh alleged violation of this Ordinance and lasue an
order to corTIICI to the violator within ten (10) days of hit lnepecllon. AU violaliona ehaR be
corrected within thirty (30) days after the order to correct II issued, or within a period of time not
to exceed aix (6) monthl aa the Fraser Township Bo.-cl may permH, upon evidence, that
additional time Ia required to remedy tne Violation. A violation not corrected within the llllllalled
lime period may be corrac:ted by the Townehip with the COlt of euch conwc:tlons t.ing charged
to the violator. In the event the violator falls to pay for thla cost, the TOVWIShip may pi8Cl8 a lien
against the property for 1t1e cost to correct a violation and/or tepart tn. lliolation to the Town$hip
Attorney who ahall initiate1he prose cullon of the violatOr.
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Section 4. VIolatiOn eon.titutu a NuiMnce.
The eXIstence of audl CCII•sea of blight or blighting factors ahaR be coneldered a nui8811Qe per ee
and tubjeat said owner, agent or ceeupant to -'l' and all tegel end equitable remedlea availeble
In the Courts of ihe State of Michigan wilhoiJt lim ltallon and in addition to the penaltlee aet forth
In t11e following Hdion.
In casea Where In the Township enforc:ea Its ~ against a person or business, the
Townal'llp aha II be entitled to ~I fees and court COils againat the party or parties violating the
TOWI'IIIhlp ordinances. The Townahlp llh«<l be entitl!ild to a JLICignlent lien against the reel eetate
involved for a attorney fees and costa.
Vlclatfon of this Ordlnenoe &hall not conetitute a criminal offense.
Sedlon I. Each 0., a Separate OtrenM.
A l8flllrate o,.,_ shaH be deemvd committed upon each day after ths order to
been taaued.
CO(f8CI
has
Section 7. Rltlhta and Remldlea ... C~~mulatlve.
f'Ghla and remvdlea provided herein are cumulative and In addition to any other remecNel
provided by law.
The
Section L Repeal of Collftlctlng Ordlna11G81
AU Tawnship Onllnances In conflict hereWith. either in whole or In pert, lhaU be .-wl are hereby
napuied.
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ORDINANCE NO. 14
A!l*ldlMftt to tile ~light Zoning Ordinance
~-r Tll'fllletllp
•·
Bay County, Michltan
Ail amendment wthe Antl-flljgnt Ortllnanw # 64 of f~r Townehip by Amending Section 5 to read as
foftowa:
s.ctlon 5. Em-.nt COIIL
In ~-s where ill the Township enlbn:esiiB MJ/nances aoeinst 11 fliJI'SOn or /xlliln~tiSS, the TrJWTmhip 8171111
be el'llilled lo actlial fee$ end court costs agelnllt the pmy or parfiN violating the Township ordlnani1N.
The Town$11/p Sht/11:1& entillecl to a Judgment lien agalllllt fhe real emlllln tM!ved for Its 111twney fM.s end
C08t&
ViolatiOn of lhia Ontinance l1haiJ rrot oonat1tute a Cl'imfnal otrefiB&.
RIP'II of Conf!!ctjna Dn!iii!M!f
All Township Ordinai'ICeS in conn let Mlewilll. bolh In whole or In part, anal be and are he!eby repealed.
Efftcl!yt pate
This amendalory Ordinance .tlall bltDOIIHl e~ 181/lln (7) daya aller publication a. required by law.
ThWI Ordineroae &hall be publiehed in a ni!Wipaper of general circulation within the Township of Fraser as
rwqulred by law.
Adopted Ills regutlr fCheduled mee~ng ol me Township BOIII'II Of the Township or Fraser, held at the
TOM!sllip H11U, ('JI'IIhe 9" dly of Fabn.t~~ry. 2015.
AYES
5
NAYS
______________
~o
Cert!f!cdon
1do !la(aby '*"'Y that the foregoirlg is a true and correct amendment 1o the Anti-Blight Ordinance No. 64
adopted by the Town5hip 9oanl Townehlp of f'ISMI' Of Bay County and the State of Michigan, at a regular
~led meellng Of Aid Board, hekl at 11111 Town!hlp Han, on the II"' day of FebrUary, 2016.
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S/!IJO~~Utf
~A~~
Fraser Township Clerk