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ANTI BLIGHT ORDINANCE 304-07
THE CITY OF
HARTFORD, VAN BUREN COUNTY, MICHIGAN, HEREBY ORDAINS:
An ordinance to
prevent, reduce or eliminate blight, blighting factors or causes of blight
within the City of Hartford, 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 CITY OF HARTFORD, 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 the City of Hartford by the prevention or elimination of
certain environmental causes of blight or blighting factors which exist or
which may in the future exist in the City of Hartford.
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 the City of Hartford owned, leased, rented or
occupied by such person, firm or corporation.
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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.
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In any area zoned for
residential purposes, unless approved by the City, the storage of any
building materials other than in a completely enclosed building.
Building materials shall include but shall not be limited to lumber,
bricks, concrete or cinder blocks, plumbing materials, electrical wiring
or equipment, heating ducts or equipment, shingles, mortar, concrete or
cement, nails, screws, steel, or any other materials commonly used in
constructing any structure. This definition shall not apply to building
materials temporarily on a site when there is in force a valid building
permit.
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In any area,
the storage or accumulation of junk, trash, rubbish or refuse of any
kind, except domestic refuse stored in such a manner as not to create a
nuisance for a period not to exceed ten (10) days. 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.
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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.
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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.
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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 City and unless such
construction is completed within a reasonable time.
Section 3: Enforcement and
Penalties
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This ordinance shall
be enforced by such persons who shall be so designated by the City
Council.
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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 or her. Such notice may be served
personally, by first class mail postage prepaid, or by posting the
notice in a conspicuous place on the property. Additional time may be
granted by the enforcement officer where bona fide efforts to remove or
eliminate such causes of blight or blighting factors are in progress.
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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.
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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 Three (93) days or by
both such fine and imprisonment in the discretion of the Court of
competent jurisdiction.
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Injunctive Relief.
The foregoing penalties shall not prohibit the City from seeking
injunctive relief against a violator, or such other appropriate relief
as may be provided by law. Costs of prosecution and/or enforcement
and/or repair, alteration, razing may be assessed to anyone, jointly and
severally, in violation thereof. Said costs may be added to the tax
roll of the defendant as a special assessment.
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Cost Recovery. That
in addition to all other penalties, the City of Hartford may bring an
action for costs of enforcement and prosecution expense upon any
person(s), corporation(s) and/or firm(s) that have violated the City’s
Ordinances. The cost of enforcement and
prosecution shall be the actual amount of attorney fees and out-of-pocket
expense for enforcement of the ordinance. An itemized list of fees and
costs shall be given under oath and shall be prime facia evidence of the
fees and costs.
Section
4: Repeal
(1) Any
and all anti-blight ordinances previously adopted by The City
of Hartford, 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 upon its publication.
Motion by:
Keyser Second by: Rios
Upon roll call
vote, the following voted:
AYES:
Hall, Keyser, Latus, Rios, Scholten, Woodruff and Johnson
NAYS:
None
ABSTAIN: None
ABSENT: None
Adopted: January 28, 2008
THE CITY OF HARTFORD
RoxAnn Rodney-Isbrecht
Clerk, City of Hartford
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