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CHAPTER 90: ABANDONED
VEHICLES
Section
General Provisions
90.01 Definition
90.02 Police requirements
90.03 Notice
90.04 Custody of vehicle on private property
90.05 Steps after vehicle is taken into
custody
90.06 Immunity for police and municipality
90.07 Sale of an abandoned vehicle
90.08 Additional remedies not limited
90.99 Penalty
Cross-reference:
Breakdowns, see § 72.08
Off-Road Vehicles, see §§ 70.30 et seq.
Traffic Regulations, see Chapter 71
Vehicular Noise, see §§ 91.01 et seq.
CHAPTER 91.
NUISANCES
Section
Vehicular Noise
91.01
Definitions
91.02 Prohibitions
Environmental Quality; Anti-Blight
91.15
Definition
91.16 Prohibition
91.17 Notice
91.18 Abatement of nuisance
91.99 Penalty
CHAPTER 92. ANIMALS
Section
92.01 Pit bull dogs
92.02 Licensing
92.03 Leash requirements
92.04 Noisy dogs or other pets
92.05 Livestock, horses, and fowl
92.06 Impoundment
92.99 Penalty
CHAPTER 93. FIRE PREVENTION AND PROTECTION
Section
General Provisions
93.01 State
Fire Prevention Code adopted
93.02 Agency designated
93.03 Motor vehicle accident and fire cost
recovery
Hazardous Materials
93.15 Purpose
93.16 Effective date
93.17 Definitions
93.18 Charges imposed upon responsible party
93.19 Costs determination
93.20 Billing procedure
93.21 Other remedies
Cross-reference:
Buildings and Building Regulations,
see
Chapter 150
CHAPTER 94.
SOIL, WASTE AND FILL MATERIAL
Section
94.01 Purpose
94.02 Applicability
94.03 Permit requirement
94.04 Permit application
94.05 Permit fee
94.06 City Planning Commission
recommendation
94.07 Findings of City Commission
94.08 Other considerations
94.09 City Commission decision
94.10 Permit revocation
94.11 Exceptions
94.12 Distance of excavations from
county or state road right-of-way
94.13 Distance of excavations from
property lines
94.14 Hazards
94.15 Condition of property areas
after excavation is completed
Chapter 90: General Provisions
§ 90.01 DEFINITION.
For the purpose of this chapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
ABANDONED VEHICLE.
(1) Every device in, upon, or by which
any person or property is or may or was capable of being transported or
drawn upon a highway or street, including motor vehicles and trailers;
(2) Any motor home constructed or
altered to provide living quarters, in use now or in the past, for
recreation, camping, or other similar uses, which has remained on public
property or private property outside of an enclosed building, for a
period of 48 hours after a police agency or other governmental agency
designated by a police agency has affixed a written notice to a vehicle
stating that it is deemed an abandoned vehicle.
(1993 Code, § 2.37)
§ 90.02 POLICE
REQUIREMENTS.
(A) As provided in this chapter, if a
vehicle has remained on public or private property, outside of an
enclosed building, for a period of 48 hours or more, so that it appears
to the police agency to be abandoned, the police agency shall do all of
the following prior to issuing a written notice of abandoned vehicle:
(1) Determine if the vehicle has been
reported stolen; and
(2) Determine if the vehicle is
currently licensed and registered.
(B) If the vehicle is currently licensed
and registered, it shall not be considered to be an abandoned vehicle.
(1993 Code, § 2.37)
§ 90.03 NOTICE.
Upon the determination by the police
agency that the vehicle is abandoned, the police agency shall affix a
written notice to the vehicle. The written notice shall contain the
following:
(A) The date and time the notice was
affixed;
(B) The name and address of the police
agency taking the action;
(C) The name and badge number of the
police officer affixing the notice;
(D) The date and time the vehicle may be
taken into custody and stored at the owner’s expense or scrapped if the
vehicle is not removed or recovered from custody;
(E) The year, make, and vehicle
identification number of the vehicle if available; and
(F) The last known owner, secured party,
and registration information.
(1993 Code, § 2.37)
§ 90.04 CUSTODY OF VEHICLE ON PRIVATE PROPERTY.
(A) If the vehicle is not removed within
48 hours after the date the notice was affixed, the vehicle is deemed
abandoned and the police agency may have the vehicle taken into custody.
(B) If the abandoned vehicle is on
private property, the police agency shall have the power to enter onto
the private property, both to post notice and to tow or haul the
abandoned vehicle into custody. If the abandoned vehicle is on private
property, the following additional procedures shall be employed.
(1) A copy of the notice posted on the
vehicle shall be posted on a building (if any) located on the property
upon which the vehicle is located.
(2) A copy of the notice shall be mailed
by first class mail to the occupant of the property upon which the
vehicle is located, and, to the last registered owner and secured party,
if any, together with a copy of this chapter. A vehicle on private
property, unless the owner of the vehicle requests an administrative
hearing before the City Manager and representative of the police agency,
shall have his or her vehicle taken into custody 180 hours after the last
performed of the following actions:
(a) Notice has first been placed on the
vehicle;
(b) The notice has been posted on a
building located on the property, if any; and/or
(c) The date upon which the notice has
been mailed.
(1993 Code, § 2.37)
Penalty, see
§ 90.99
§ 90.05 STEPS AFTER VEHICLE IS TAKEN INTO CUSTODY.
(A)
A police agency which
has an abandoned vehicle taken into custody shall do all the following:
(1) Recheck to determine if the vehicle
has been reported stolen;
(2) Within 24 hours after taking the
vehicle into custody, enter the vehicle as abandoned into the law
enforcement information; and
(3) Within 7 days after taking the
vehicle into custody, send the registered owner and secured party, as
shown by the records of the Secretary of State, by first class mail or
personal service, notice that the vehicle has been deemed abandoned. The
form for the notice shall be furnished by the Secretary of State;
however, each notice shall contain the following:
(a) The year, make, and vehicle
identification number of the vehicle if available;
(b) The location from which the vehicle
was taken into custody;
(c) The date on which the vehicle was
taken into custody;
(d) The name and address of the police
agency which had the vehicle taken into custody;
(e) The business address of the
custodian of the vehicle;
(f) The procedure to redeem the
vehicle; and
(g) The cost to redeem the vehicle.
(B) The registered owner or secured
party may contest the fact that the vehicle has been deemed abandoned
and/or the reasonableness of the towing fees and daily storage fees by
requesting a hearing before the City Manager and representative of the
police agency. This hearing shall be in addition to any other hearing,
but shall be limited only to the matter of whether the vehicle has been
abandoned and the reasonableness of the towing fees, and shall be
requested, in writing, within 30 days after the vehicle has been taken
into custody.
(C) At any time an abandoned vehicle is
in custody, but prior to a sale, the owner or secured party may obtain
the release of the vehicle by paying the accrued charges to the custodian
of the vehicle.
(D) Forty days after taking an abandoned
vehicle into custody, the police agency may offer the vehicle for sale at
a public or private sale, pursuant to § 90.07.
(E) If the ownership of a vehicle which
has been deemed abandoned cannot be determined either because of the
condition of the vehicle identification number or because a check with
the records of the Secretary of State does not reveal ownership, the
police agency may sell the vehicle at public sale, but the notice of sale
shall describe the vehicle by year, make, color, or other distinguishing
factors.
(1993 Code, § 2.37)
§ 90.06 IMMUNITY FOR POLICE AND MUNICIPALITY.
When a vehicle is removed from private
property and the procedures of this chapter have been substantially
complied with, the police agency and municipality, and their agents and
employees, shall have absolute immunity from civil and criminal
prosecution.
(1993 Code, § 2.39)
§ 90.07 SALE
OF AN ABANDONED VEHICLE.
(A) A public or private sale for a
vehicle, which has been deemed abandoned under this chapter, shall be
conducted in the following manner.
(1) It shall be under the control of the
police agency or agent of the police agency.
(2) It shall be open to the public and
consist of open auction bidding or bidding by sealed bids. If sealed
bids are received, the person submitting the bid shall receive a receipt
for the bid from the police agency or agent of the police agency.
(3) The public notice shall be published
at least once in a newspaper having a general circulation within the
county in which the vehicle was abandoned. The public notice shall give
a description of the vehicle for sale and shall state the time, date, and
location of the sale.
(B) The money received from the sale of
the vehicle shall be applied in the following order of priority:
(1) Towing and storage charges;
(2) Expenses incurred by the police
agency;
(3)
To the secured party, if
any, in the amount of the debt outstanding on the vehicle; and
(4) Remainder to the owner. A
reasonable attempt shall be made to mail the remainder to the registered
owner. If delivery of the remainder cannot be accomplished, the
remainder shall become the property of the unit of government that the
police agency represents.
(C) If there are no bidders on the
vehicle, the police agency may do one of the following:
(1) Turn the vehicle over to the towing
firm to satisfy charges against the vehicle; or
(2) Obtain title to the vehicle for the
police agency or the unit of government the police agency represents, by
doing the following:
(a) Paying the towing and storage
charges;
(b) Apply for title to the vehicle;
and
(c) Hold another public sale.
(3) Upon disposition of the vehicle, the
police agency shall cancel the entry into the law enforcement information
network.
(1993 Code, § 2.43)
Penalty, see
§ 90.99
§ 90.08
ADDITIONAL REMEDIES NOT LIMITED.
The provisions of this chapter shall in
no way limit any additional remedies provided by Public Act 300 of 1949,
M.C.L.A. § 257.252a, or other statutory authority.
(1993 Code, § 2.44)
§ 90.99 PENALTY.
A violation of the provisions of this
chapter is a municipal civil infraction.
(1993 Code, § 2.45)
CHAPTER 91: NUISANCES
VEHICULAR NOISE
§ 91.01 DEFINITIONS.
(A) For the purpose of §§ 91.01 et
seq., the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
COMBINATION VEHICLE.
Any combination of truck, truck tractor, trailer, semi-trailer, or pole
trailer used upon the highways or streets in the transportation of
passengers or property.
DECIBEL.
A unit of sound level on a logarithmic scale measured relative to the
threshold of audible sound by the human ear, in compliance with American
National Standards Institute standard S1.1‑1960.
DECIBELS ON THE A-WEIGHTED NETWORK
or dB (A). Decibels measured on the a-weighted network of a
sound level meter, as specified in American National Standards Institute
standard S1.4‑1971.
EXHAUST SYSTEM. The system comprised of a combination of components, which provides for
enclosed flow of exhaust gas from engine parts to the atmosphere.
FAST METER RESPONSE.
The meter ballistics of meter dynamic characteristics as specified by
American National Standards Institute standard S1.4‑1971.
GROSS VEHICLE WEIGHT RATING.
The value specified by the manufacturer as the loaded weight of a
vehicle.
MAXIMUM NOISE. The noise emitted from a vehicle during the manner of operation, which
causes the highest dB (A) level possible from that vehicle.
MUFFLER.
A device for abating the sound of escaping gases of an internal
combustion engine.
NOISE.
Any sound.
TOTAL NOISE.
Noises radiating from a vehicle but does not include noises emitted from
a horn, siren, bell, or other similar device of an authorized emergency
vehicle.
(B) For purposes of this section, a
motor vehicle does not include special mobile equipment.
(1993 Code, § 2.47)
§ 91.02 PROHIBITIONS.
(A) General prohibitions.
(1) Exhaust system required. A
motor vehicle, while being operated on a highway or street in the City of
Hartford, shall be equipped with an exhaust system in good working order
to prevent excessive or unusual noise and shall be equipped to prevent
noise in excess of the limits established in this section.
(2) Noise limits. A motor
vehicle shall not be operated or driven on a highway or street in the
City of Hartford if the motor vehicle produces total noise exceeding one
of the following limits at a distance of 50 feet, except as provided in
divisions (A)(2)(a)3. and (A)(2)(b)3. below.
(a) A motor vehicle with a gross weight
or gross vehicle weight rating of 8,500 pounds or more, combination
vehicle with gross weight or gross vehicle weight rating of 8,500 pounds
or more:
1. Ninety dB (A) if the maximum lawful
speed on the highway or street is greater
than 35 mph;
2. Eighty-six dB (A) if the maximum
lawful speed on the highway or street is not
more than 35 mph; or
3. Eighty-eight dB (A) under
stationary run-up test.
(b) A motorcycle or moped:
1. Eighty-six dB (A) if the maximum
lawful speed on the highway or street is
greater than 35 mph:
2. Eighty-two dB (A) if the maximum
lawful speed on the highway or street is not
more than 35 mph: or
3. Ninety-five dB (A) under stationary
run-up tests at 75 inches.
(c) A motor vehicle, or a combination
of vehicles, towed by a motor vehicle not
covered in divisions (A)(1),
(A)(2)(a), and (A)(2)(b) above:
1. Eighty-two dB (A) if the maximum
lawful speed on the highway or street is
greater than 35 mph;
2. Seventy-six dB (A) if the maximum
lawful speed on the highway or street is not
more than 35 mph; or
3. Ninety-five dB (A) under stationary
run-up test 20 inches from the end of the
tailpipe.
(B) Defects. A person shall not
operate a vehicle on a highway or street in the City of Hartford if the
vehicle has a defect in the exhaust system which affects sound reduction,
is not equipped with a muffler or other noise-dissipating device, or is
equipped with a cutout, bypass, amplifier, or a similar device.
(C) Exhaust systems. A person
shall not modify, repair, replace, or remove a part of an exhaust system,
if the act causes the motor vehicle to which the system is attached to
produce a noise in excess of the levels established by this section, or
operate a motor vehicle so altered on a street or highway in the City of
Hartford.
(D) Mufflers and exhaust parts.
A person, either acting for himself or herself or as the agent of
employee of another, shall not sell, install, or replace a muffler or
exhaust part, if that act causes the motor vehicle to which the muffler
or exhaust part is attached to exceed the noise limits established by
this section.
(E) Sale of new motor vehicles.
A dealer shall not sell or offer for sale for use upon a street or
highway in this state in the City of Hartford a new motor vehicle
manufactured after 1‑1‑1978, which produces a maximum noise exceeding the
following limits:<
(1) A motor vehicle
with a gross vehicle weight rating of 8,500 pounds or more: 83 dB (A);
(2) A motorcycle or moped: 83 dB (A);
and
(3) A motor vehicle not covered in
division (A)(1) and (A)(2)(a) above: 80 dB (A).
(F) Sale of used or
secondhand motor vehicles. A dealer shall not sell a used or
secondhand motor vehicle for use upon a street or highway, which is not
in compliance with this section.
(G) Proof of violation. If it is
shown that the noise level of a motor vehicle is in excess of the dB (A)
levels established in this section, that evidence shall be prima facie
evidence that the motor vehicle was producing excessive noise in
violation of this section.
(H) Test procedures. Test
procedures under this section shall comply with those established
pursuant to Public Act 300 of 1949, M.C.L.A. § 257.707e.
(1993 Code, § 2.47)
Penalty, see
§ 91.99
ENVIRONMENTAL QUALITY; ANTI-BLIGHT
§ 91.15 DEFINITION.
(A) (1) The storage upon any property
of building materials, unless there is in force a valid building permit
issued by the city for construction upon the property and the materials
are intended for use in connection with the construction. 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.
(2) This section includes and applies
not only to building materials but also to uninstalled or stockpiled
landscape materials, including, but not limited to, wood chips,
decorative boulders, wooden railroad ties, paving bricks, paving blocks,
and other landscape-type material which are not used and could not be
used for intended purpose before 30 days from the issuance of the
citation to avoid further action.
(B) Storage or accumulation of junk,
trash, litter, bottles, cans, rubbish, or refuse of any kind, except
domestic refuse stored in a manner as not to create a nuisance for a
period not to exceed 15 days. The term “junk” shall include parts of
machinery or motor vehicles, used stoves, refrigerators, or other
material or other cast-off material of any kind whether or not the same
could be put to any reasonable use unless stored in a permanent building
capable of being closed to the public.
(C) The existence of any structure or
part of structure which because of fire, wind, or other natural disaster,
or physical deterioration, is no longer habitable, as a dwelling, nor
useful for any other purpose for which it may have been intended.
(D) The existence of any vacant
dwelling, garage, or other out building not kept securely locked, windows
kept glazed, or neatly boarded up, and otherwise protected to prevent
entrance thereto by vandals.
(E) In any area the existence of any
partially completed structure, unless the structure is in the course of
construction in accordance with a valid building permit issued by the
city, and unless the construction is completed within 6 months.
(F) All materials used in construction
shall be compatible in material, texture, design, and color.
(G) Any motor vehicle, stock or racing
car, off-road vehicle, snowmobile, travel trailer, motorcycle, road
tractor, trailer, and semi-trailer is defined as a junk, unused,
dilapidated, unlicensed, or disassembled motor vehicle, road tractor,
trailer, or semi-trailer if:
(1) It has been unlicensed or inoperable
for more than 3 consecutive months;
(2) Has any major part missing therefrom,
including, but not limited to, missing fenders,
windows, wheels,
transmissions, engines, carburetors, doors, axles, beds, or the like;
(3) Which, although all parts are
present, remains in a dismantled or disassembled
condition; or
(4) If a motor vehicle or road tractor
cannot be propelled under its own power.
(1993 Code, § 3.36)
§ 91.16 PROHIBITION.
All littering or dumping of trash, junk,
rubbish, building materials, and the storage or parking of unused,
dilapidated, unlicensed, or disassembled motor vehicles, road tractors,
trailers, or semi-trailers, stored outside of a fully enclosed building
or structure with the city, except within the confines of a duly licensed
junkyard, are prohibited. This prohibition shall not include the
permitted parking and/or storage of the vehicles, road tractors,
trailers, or semi-trailers outside of a fully enclosed building or
structure. All other items described or defined herein, including all
dilapidated vacant dwellings, in the city are declared to be a nuisance
per se and are prohibited.
(1993 Code, § 3.37)
Penalty, see
§ 91.99
§ 91.17 NOTICE.
A 10‑day notice of violation shall be
given in writing to the owner or occupant of the premises either by
personal service, registered mail or certified mail, or by leaving same
with an adult person on the premises or by affixing the same in 2 public
places on the premises. In the event of posting, the city shall also
send a copy of the notice to the owner or occupant at the last known
address by regular mail.
(1993 Code, § 3.38)
§ 91.18 ABATEMENT OF
NUISANCE.
The City Commission, after resolution
duly adopted, may take action in any court of competent jurisdiction to
cause abatement of the nuisance, and the remedy shall be in addition to
the imposition of the penalty for violation of the terms hereof.
(1993 Code, § 3.39)
§ 91.99 PENALTY.
(A) (1) A person who violates §§ 91.01
et seq. is responsible for a civil infraction.
(2) A person who, at the time of
installation, knowingly installs a muffler or exhaust system which
exceeds the decibel limits of § 91.02(C) and (D) shall be liable for a
fine in an amount of not less than $100 plus reasonable attorneys fees
and court costs.
(1993 Code, § 2.47)
(B) A violation of the provisions of
§§ 91.15 et seq. is a municipal civil infraction and shall be
punished according to § 10.99 of this code.
(1993 Code, § 3.40)
CHAPTER 92: ANIMALS
§ 92.01 PIT BULL DOGS.
(A) Because of the great inherent danger
to the public health, welfare, and safety, it shall be unlawful to keep,
harbor, own, possess, walk on a leash, or allow to be at large, any pit
bull dog at any time within the city.
(B) For the purpose of this chapter, the
following definition shall apply unless the context clearly indicates or
requires a different meaning.
PIT BULL DOG.
(a) A bull terrier breed of dog;
(b) A Staffordshire bull terrier breed
of dog;
(c) An American pit bull breed of dog;
(d) An American Staffordshire terrier
breed of dog;
(e) A dog of mixed breed or of other
breed than the above list, which breed or mixed breed is known as pit
bull dog or pit bull terrier; or
(f) Any dog which has the appearance
or characteristics of being predominantly of any of the above listed
breeds or any combination thereof.
(1993 Code, § 3.1)
Penalty, see
§ 92.99
§ 92.02 LICENSING.
All animals legally possessed must have
and wear a current valid license when required by Van Buren County
ordinance or State of Michigan statute or regulation, and must have had
all shots and inoculations required by county ordinance or state statute
or regulation. Evidence of all shots or inoculations shall be shown upon
request to any enforcement officer.
(1993 Code, § 3.2)
Penalty, see
§ 92.99
§ 92.03 LEASH
REQUIREMENTS.
It shall be unlawful for any owner,
keeper, or person in charge of any dog or cat to permit or allow any dog
or cat to stray or go beyond the premises of its owner, keeper, or
custodian, unless the dog or cat is held properly in leash. The maximum
leash length shall be 5 feet in length.
(1993 Code, § 3.3)
Penalty, see
§ 92.99
§ 92.04 NOISY
DOGS OR OTHER PETS.
It shall be unlawful to permit any dog or
any other pet owned or possessed to make continuous or intermittent
barking, yelping, growling, or other loud or disturbing noises, which
cause annoyance to neighbors or third parties.
(1993 Code, § 3.4)
Penalty, see
§ 92.99
§ 92.05
LIVESTOCK, HORSES, AND FOWL.
It shall be unlawful to stable or keep,
except temporarily during parades or festival periods, when the same will
be ridden, driven, or shown within the city, any horses, ponies, mules,
donkeys, calves, cows, steers, bulls, pigs, shoats, sheep, goats,
chickens, turkeys, geese, ducks, or any other domestic livestock or fowl.
(1993 Code, § 3.5)
Penalty, see
§ 92.99
§ 92.06 IMPOUNDMENT.
(A) The city may impound any animal that
is required to be licensed or is prohibited under this chapter. The
impoundment may be at the City of Hartford or the Van Buren County Animal
Control facility.
(B) The animal shall be impounded and
shall not be released until:
(1) The cost of impoundment has been
paid; and
(2) Satisfactory arrangements have been
made to comply with this chapter.
(1993 Code, § 3.6)
§ 92.99 PENALTY.
Any person, firm, partnership,
corporation, association, or any other party found guilty of violating
the provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $100 or imprisoned in
the county jail not more than 90 days or both. Further, the city may
enforce the provisions of this chapter in any manner permissible by law;
including seeking injunctive remedies.
(1993 Code, § 3.6)
CHAPTER 93:
FIRE PREVENTION AND PROTECTION
GENERAL PROVISIONS
§ 93.01
STATE FIRE PREVENTION CODE ADOPTED.
The State Fire Prevention Code, Public
Act 207 of 1941, M.C.L.A. §§ 29.1 et seq., is hereby adopted by
reference as if fully set forth in §§ 93.01 et seq.
(1993 Code, § 6.60)
§ 93.02 AGENCY
DESIGNATED.
As set forth by resolution and as
permitted by statute, the city from time to time shall designate Fire
Inspectors to enforce the rules promulgated under §§ 93.01 et seq.
(1993 Code, § 6.61)<
§ 93.03 MOTOR VEHICLE ACCIDENT AND FIRE COST RECOVERY.
(A) Definitions. For the purpose
of §§ 93.01 et seq., the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
MOTOR VEHICLE ACCIDENT.
Any collision within the public right-of-way or on private property,
which results in a response by the Hartford Fire Department.
MOTOR VEHICLE FIRE.
Any instance in which a motor vehicle is destroyed by or suffers any
damage as a result of fire.
(B) Abatement of vehicle fires.
The Fire Chief, or his or her authorized representatives, and the
Hartford Fire Department may immediately, upon receiving notice of the
same, abate or extinguish any vehicle fire or otherwise provide emergency
fire service in the event of a vehicle fire.
(C) Assessment of expenses; joint and
several responsibility; assessment of insurer. Pursuant to the
authority granted in Public Act 102 of 1990, M.C.L.A. § 41.806a, the Fire
Chief, or his or her authorized representative, may on behalf of the City
of Hartford assess a fee and charges in accordance with the following.
(1) A fee may be assessed for all
expenses incurred by the Hartford Fire Department in abating the
discharge, release of accumulation, which resulted from a motor vehicle
accident or motor vehicle fire. This fee shall include, but not be
limited to, the actual labor and material costs to Hartford Fire
Department (including workers compensation benefits, fringe benefits,
administrative overhead, cost of equipment, and any other cost)
associated with abatement, mitigation, and cleanup, whether or not the
services are provided by Hartford Fire Department or by a third party
independent contractor on behalf or the Fire Department.
(2) The fee, which is assessed, shall be
jointly and severally responsible of each person who has caused, suffered
to be caused, in any way contributed to the discharge, release, or
accumulation, regardless of whether that person is at fault. The Fire
Chief or his or her authorized representative may charge this fee
directly to the insurer or any person made responsible therefore under
this section.
(D) Failure to pay; procedure to
recover.
(1) All fees assessed pursuant to
§§ 93.01 et seq. shall be paid within 30 calendar days of service
of the statement therefore, unless otherwise approved in writing by the
Fire Chief or his or her authorized representative. Any person who fails
to pay a fee assessed pursuant to this section within 30 calendar days of
service of the statement therefore shall be considered in default. In
case of default, the Fire Board may commence suit to recover the fee,
plus interest of 1% per month or part of a month during which the fee
remains unpaid, together with any other costs allowed by the law.
(2) All ordinances or parts thereof in
conflict with the provisions of §§ 93.01 et seq. are, to the
extent of the conflict with the provisions of §§ 93.01 et seq.,
hereby repealed.
(3) Sections 93.01 et seq. shall
take effect immediately upon publication thereof, and is hereby declared
to be an emergency ordinance, and is hereby adopted on 1‑27‑2003 at a
regular meeting of the Hartford City Commission.
(1993 Code, § 6.62)
HAZARDOUS MATERIALS
§ 93.15 PURPOSE.
In order to protect the city from
incurring extraordinary expenses resulting from the utilization of its
Fire Department’s resources to respond to an incident involving hazardous
materials, the city authorizes the imposition of charges to recover
reasonable and actual costs incurred by it in responding to calls for
assistance in connection with a hazardous materials release.
(1993 Code, § 7.1)
§ 93.16 EFFECTIVE DATE.
Sections 93.15 et seq. shall take
effect 30 days after its adoption and publication. (Adopted 7‑28‑1997,
published 9‑24‑1997, and effective 10‑24‑1997.)
(1993 Code, § 7.8)
§ 93.17 DEFINITIONS.
For the purpose of §§ 93.15 et seq.,
the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
FIRE BOARD. The Joint Fire Administrative Board established by the Township of
Hartford and the City of Hartford for the purpose of operating and
administrating the Hartford Fire Department in accordance with Public Act
207 of 1941, M.C.L.A. §§ 29.1 et seq.
FIRE CHIEF. The chief operational and administrative officer of the Fire Department
or, in his or her absence, the senior fire officer in charge at the scene
of a hazardous materials incident.
FIRE DEPARTMENT.
The Hartford Fire Department established by the Township of Hartford and
City of Hartford under the Joint Fire Administrative Board and recognized
as an organized fire department by the State of Michigan under the
provisions of Public Act 207 of 1941, M.C.L.A. §§ 29.1 et seq.
HAZARDOUS SUBSTANCE OR MATERIALS.
Include, but are not limited to, a chemical that is a combustible liquid,
a flammable gas, an explosive, a flammable and organic peroxide, an
oxidizer, a pyrophoric, an unstable reactive or water reactive substance,
petroleum and/or petroleum by-products, a flammable solid, a poisonous or
infectious material, a radioactive material, a corrosive, or any other
material that may be defined as hazardous by the U.S. Department of
Transportation or by the laws of the State of Michigan.
RELEASE.
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
ejecting, leaching, dumping, or disposing of a substance or material into
the environment.
RESPONSIBLE PARTY.
Any individual, firm, corporation, association, partnership, or
commercial entity that is responsible for a release of a hazardous
material, either actual or threatened, or as an owner, tenant, occupant,
or party in control of the property onto which or from which hazardous
material is released, or the owner, possessor, or party in control of the
hazardous substance immediately prior to the release.
(1993 Code, § 7.2)
§ 93.18 CHARGES IMPOSED UPON RESPONSIBLE PARTY.
When the Fire Department responds to a
call for assistance in connection with a hazardous materials release,
actual costs incurred by it in responding to and mitigating the incident
shall be imposed upon the responsible party, including, but not limited
to:
(A) A fee at the prevailing rate for
each Fire Department apparatus required, in the opinion of the officer in
command, to respond and be present and/or to stand by at the scene of a
hazardous materials incident. For each hour or fraction thereof that the
apparatus is used or is required at the site by the officer in command,
an additional hourly sum shall be charged;
(B) All personnel-related cost incurred
by the Fire Department as a result of responding to and mitigating a
hazardous materials incident. The costs may include, but are not limited
to, wages, salaries, and fringe benefits and insurance for full-time and
part-time firefighters; overtime pay and related fringe benefit costs for
hourly employees and fire run fees paid to on-call firefighters. The
personnel related charges shall commence at the time the Fire Department
is dispatched to the hazardous materials incident and shall continue
until all personnel have concluded hazardous material incident related
responsibilities;
(C) Other expenses incurred by the Fire
Department in responding to and mitigating a hazardous materials
incident, including, but not limited to, rental or purchase of machinery,
equipment, labor, consultants, legal and engineering fees and replacement
costs related to disposable personal protection equipment, extinguishing
agents, supplies, water purchased from municipal water systems, charges
of emergency response teams of other governmental agencies, meals,
refreshments for personnel working at the scene of a hazardous materials
incident, and all like and similar incidental costs arising from the
response and mitigation;
(D) Any and all charges to the Fire
Department imposed by any local, state, or federal entities related to
the hazardous materials incident;
(E) The cost of repair or replacement of
any apparatus, equipment, protective clothing, or materials damaged,
destroyed, or consumed as a result of the response and mitigation
activities; and
(F) Costs incurred in accounting for all
hazardous material incident-related expenditures to include billing and
collection of the expenditures, including court costs, witness fees, and
expert fees incurred in support thereof.
(1993 Code, § 7.3)
§ 93.19 COSTS
DETERMINATION.
The foregoing described costs shall
be determined in accordance with a standardized policy established by the
Fire Board. Where applicable, the costs shall be the actual expense to
the Fire Department. With respect to apparatus use, charges shall from
time to time be established by further resolution of the Fire Board. In
the event of a hazardous materials release, the most current prevailing
apparatus charge schedule shall be applied.
(1993 Code, § 7.4)
§ 93.20 BILLING
PROCEDURE.
Following the conclusion of a hazardous
materials incident, the Fire Chief shall submit a detailed listing of all
known expenses to the Fire Board Treasurer; the Fire Board Treasurer
shall prepare an invoice to the responsible party for payment. The
Treasurer’s invoice shall demand full payment within 30 days of receipt.
Any additional expense, which becomes known to the Fire Chief following
the transmittal of the bill to the responsible party, shall be billed in
the same manner on a subsequent bill to the responsible party. Any
amounts due that remain unpaid 30 days after the date of billing, there
shall be imposed a late charge thereon at the maximum amount allowed by
law, per month or fraction thereof, until the account shall be paid in
full.
(1993 Code, § 7.5)
§ 93.21 OTHER REMEDIES.
In addition to the foregoing, the Fire
Board and/or the Township of Hartford and/or City of Hartford may pursue
any other remedy or may institute an appropriate action or proceeding in
a court of competent jurisdiction to collect the charges imposed under
§§ 93.15 et seq. The recovery charges imposed under §§ 93.15
et seq. does not limit the liability of the responsible party or
parties under any other local ordinance, or state or federal law, rule,
or regulation, which may include, but not be limited to, the cleanup of
contaminated sites resulting from any hazardous materials release.
(1993 Code, § 7.6)
CHAPTER 94:
SOIL, WASTE AND FILL MATERIAL
§ 94.01 PURPOSE.
The purpose of this chapter is to:
(A) Protect public health, safety and
welfare.
(B) Ensure that nuisances and hazards
are not created and that property will be left in usable condition when
operations are completed.
(C) Recognize the consideration of
adverse effect upon property values as a criterion in limiting permits
under this chapter.
(Ord. passed 9‑25‑2000)
§ 94.02 APPLICABILITY.
(A) This chapter shall apply to all
operation in the city involving excavation, removal, deposit or
relocation of sand, gravel, topsoil, clay, marl, other materials and
similar materials, referred to in this chapter as earth solids, and fill
materials that involve an amount of the earth solids in the excess of 500
cubic yards per year, except as provided in division (B) of this
section.
(B) This chapter shall not apply to
excavation, removal, deposit and relocation of earth solids involving:
(1) Operations necessary to construction
of a building when a building permit has been properly issued and is in
effect for the project and when the amount of earth solids to be
excavated, removed, deposited or relocated will not exceed 4,000 cubic
yards;
(2) Uses accessory or incidental to
another lawful use, including parking, landscaping, gardening and similar
uses, that do not exceed an amount of earth solids to be excavated,
removed, deposited or relocated in excess of 800cubic yards;
(3) Uses accessory or incidental to
farming operations;
(4) Residential construction and
improvements involving a plat duly approved and recorded pursuant to the
Land Division Act, Public Act 288 of 1967, M.C.L.A. §§ 560.101 et seq.;
and
(5) Operations necessary by a
governmental agency in construction of highways, sewers, drains and flood
control projects.
(Ord. passed 9‑25‑2000)
§ 94.03 PERMIT
REQUIREMENT.
It shall be unlawful for any person,
firm, or corporation to remove deposit, or relocate any sand, gravel,
topsoil, clay, marl, minerals in excess of 500 cubic yards, waste or fill
materials, or other similar materials, in or from lands in the city,
except as hereinafter provided, without first obtaining a written permit
therefore from the City Commission.
(Ord. passed 9‑25‑2000)
Penalty, see § 10.99
§ 94.04 PERMIT
APPLICATION.
Any person, firm, or corporation desiring
to obtain a permit, as provided in this chapter, shall first file an
application therefore with the City Clerk and shall set forth the
following information:
(A) Name and address of petitioner.
(B) Legal description of land involved.
(C) Maximum amount of material to be
moved, removed, deposited or relocated.
(D) Type or kind of material to be
moved, removed or relocated or used for fill material.
(E) Measures to be taken by the
applicant to control noise, vibration, dust, and traffic during the
operations.
(F) A description of any traffic control
devices, public facilities, or public services, which will be required by
the proposed operations and that, the costs thereof are paid.
(G) Any measures which applicant
proposes to take to ensure public safety, the exclusion of children from
premise, and the lateral support of surrounding land and structures.
(H) The time required for the proposed
operations.
(I) Proof of a copy of the permit
application mailed to Van Buren County Administrator, Health Department,
Drain Commissioner, County Road Commission and DEQ if a wetland or
natural wildlife habitat at least 14 days prior to the hearing on the
permit.
(J) In addition, the applicant shall
describe in detail, contour maps or otherwise, the contour and the
condition of the lands as he or she proposes to leave the premises in a
reasonable level and usable condition and to prevent erosion, dust and
unsightly conditions.
(Ord. passed 9‑25‑2000)
§ 94.05 PERMIT FEE.
Each application for a permit shall be
accompanied by a fee in the amount of $3 for each acre or fraction,
thereof described therein; provided, however, that the minimum fee shall
be $30 and provided further that in the event that the permit is denied,
the permit fee shall be refunded to the applicant.
(Ord. passed 9‑25‑2000)
§ 94.06 CITY PLANNING COMMISSION RECOMMENDATION.
Upon receipt of any application and fee, the application shall be
transmitted forthwith by the City Clerk to the Planning Commission for
its advice and recommendation and public hearing, and no action shall be
taken thereon by the City Commission until the City Clerk has received a
report from the Planning Commission. The recommendation of the Planning
Commission shall not be binding upon the City Commission. Either the
City Commission or the Planning Commission may make suggestions regarding
amendment of the application by the applicant, and no application, which
has been amended in pursuance of any suggestion, need be referred to the
Planning Commission a second time as a result of the amendment.
(Ord. passed 9‑25‑2000)
§ 94.07
FINDINGS OF CITY COMMISSION.
No permit shall
be issued unless the City Commission, after considering the application
and the recommendation of the Planning Commission, if any, and after
giving the applicant an opportunity to be heard in person or by counsel,
shall find that:
(A) The proposed operations are not
likely to cause any dangerous, unsanitary or unhealthy condition;
(B) They will impose no undue financial
burden on the city;
(C) They are not likely to create any
public or private nuisance;
(D) They are not likely to be conducted
in violation of any state law or city ordinance;
(E) There is adequate assurance that the
premises will be left in the condition as to protect it from erosion;
(F) After completion of the operations,
the premises will be at least as usable for purpose permitted by the city
zoning ordinance as at the time of granting the permit;
(G) To this end as a condition of
granting the permit the City Commission may require the applicant to post
bond or escrow funds to assure the operations will be conducted and
premises left as herein required, and that any undertakings of the
application will be carried out.
(Ord. passed 9‑25‑2000)
§ 94.08 OTHER
CONSIDERATIONS.
In addition to the matters heretofore
mentioned, the City Commission in considering the granting of a permit
may hear any other person or consider any other factor which may bear on
the public heath, safety, or general welfare in the particular
situation. The effect upon surrounding property values may be considered
as a factor affecting the general welfare, but no permit shall be denied
solely because its granting would have an adverse effect upon property
values.
(Ord. passed 9‑25‑2000)
§ 94.09 CITY
COMMISSION DECISION.
After the City Commission has reached a
decision regarding the granting or denial of an application for a permit,
the City Clerk shall advise the applicant thereof in writing, and if the
application is favorably acted upon by the City Commission the permit
shall be issued forthwith.
(Ord. passed 9‑25‑2000)
§ 94.10 PERMIT
REVOCATION.
Each permit shall apply only to the lands
described in the application and may be revoked if the permit holder
operates in any manner inconsistent with the statements in the
application or any amendment hereto or fails to comply with any special
requirement which the City Commission may order set forth in the permit
to protect public health, safety and welfare in the special circumstances
of the situation, or if it shall at any time appear that any of the
findings set forth in this chapter could not be made if the matter were
then before the City Commission for decision. Provided however, that no
permit shall be revoked unless the permit holder is given a written
notice, mailed or personally served at least 5 days prior to the date of
the meeting at which revocation is considered, and the opportunity be
given to the permit holder to be heard in person or by counsel. The
notice shall specify date, time and place of the meeting at which
revocation will be considered and inform the permit holder of the reason | 
of the 
