SECORD TOWNSHIP INOPERABLE MOTOR VEHICLE ORDINANCE
NO. 2000-03
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AN ORDINANCE TO REGULATE THE OUTDOOR STORAGE OF
INOPERABLE MOTOR
VEHICLES IN THE TOWNSHIP OF SECORD AND TO SECURE THE PUBLIC HEALTH,
SAFTY AND GENERAL WELFARE AND TO PROVIDE FOR THE ISSUANCE OF PERMITS AND
TO PROVIDE FOR PENALTIES FOR THE VIOLATION HEREOF.
PURSUANT TO THE AUTHORITY OF ACT 246 OF THE PUBLIC ACTS OF 1945 OF THE
STATE OF MICHIGAN, AS AMENDED, THE TOWNSHIP OF SECORD ORDAINS: |
SECTION 1. Regulations
Storage of Inoperable Motor Vehicles or Parts Thereof. It is hereby
declared to be unlawful for any person, firm or corporation to store,
place or permit to be stored or placed, any inoperable motor vehicles or
any part or parts of a motor vehicle including automobiles, snowmobiles
and off road vehicles on land located in the Township of SECORD, except
as the same may be permitted under the provisions of any other Ordinance
of the Township of SECORD unless said inoperable motor vehicle or part
or parts of a motor vehicle shall be kept in a wholly enclosed and
roofed garage or other wholly enclosed and roofed building; or otherwise
screened by natural objects, planting, fences or other appropriate means
so as not to be visible to public view, except the following: |
| (a) |
That any owner or occupant of said land may store or permit to be
stored one (1) such inoperable motor vehicle for a period of not to
exceed forty-eight (48) hours if such a motor vehicle is registered in
his, her or its name; and provided further, that any such owner or
occupant, in the event of hardship and upon payment of the fee
hereinafter provided, may secure a permit from the Township Enforcement
Officer of the Township of SECORD to extend such period of forty-eight
(48) hours for an additional period of not to exceed one (1) week for
any one (1) such inoperable motor vehicle. |
| (b) |
Motor vehicles in operating condition held as stock in trade by a
regularly licensed
dealership of new or used motor vehicles or equipment used in the
operation of such
dealership. |
| (c) |
Motor Vehicles temporarily inoperable due to minor mechanical
failure, but which
are not in a manner dismantled, and have substantially all main
component parts
attached, may remain upon private property for a period not to exceed an
aggregate
total of thirty (30) days. |
| (d) |
No more than one (1) modified vehicle in fully operating condition
such as a stock modified, redesigned or reconstructed vehicle for a
purpose other than that for which it was manufactured may be permitted,
provided no building or garage is located upon the premises in which
said vehicle could be parked or stored, and further provided no building
or garage is located upon the premises in which said vehicle could be
parked or stored, and further provided that in no event shall any such
remodeled or reconstructed vehicle be parked in the front or side street
yard area of any residential premises so as not to be visible to
passerby. |
| (e) |
No repairing, redesigning, modifying or dismantling work or
operation shall be allowed upon any vehicle or parts thereof except
pursuant to authority conferred by the state or township under governing
law, or upon any public right-of-way or private property for a period in
excess of twenty four (24) hours, or upon private property for a period
in excess of one week, (seven (7) days), except such as shall as
accomplished within a fully enclosed building or completely fenced or
screened enclosures; provided further, that such repairing,
redesigning, modifying or dismantling shall be conducted in conformity
with any other
applicable zoning ordinance and in such a manner as not to annoy the
owners or occupants
of adjoining property. |
| (f) |
In the event of special or peculiar hardship beyond the control of
any individual due to unforeseen circumstances by reason of the
application of the provisions of this ordinance, the Court may grant a
two week stay in any proceedings brought for violation of this
ordinance, provided that the court shall have discretion to consider
unreasonable or adverse effect to owners or occupants of adjoining
property in considering application for such stay to the end that the
spirit and purpose of this ordinance may be substantially carried out. |
SECTION 2. Abandoned Vehicle Removal.
In the event an abandoned vehicle is the object of removal from public
property or private property, in lieu of a court order, the vehicles may
be removed by following MCLA Section 257.252a et seq. MSA 9.1952 et Seq.
the Michigan Vehicle Code, as amended by Public Acts 1981- No. 104. |
SECTION 3. Permits.
Upon application duly made by the registered owner of a motor vehicle
and upon a showing of hardship, which hardship can be eliminated by an
extension of time as herein permitted, the Township Enforcement Officer
of the Township of SECORD is hereby authorized to issue a permit as
provided in Section 1. hereof. No such permit shall be granted for more
than one (1) week for any motor vehicle. A fee of One Dollar ($1.00)
shall be collected for each such permit so issued, and shall be paid
into the general fund. |
SECTION 4. Definitions.
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| (a) |
"Motor vehicle" is hereby defined as any vehicle which is or is
intended to be
operable as a self-propelled vehicle.
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| (b) |
An "inoperable motor vehicle" is defined as a motor vehicle which
does not bear
valid registration plates as required by the Michigan Vehicle Code (MCLA
257.1 et
seq.; MSA 9.1801 et seq.) or which by any reason of dismantling,
disrepair, or other
cause is incapable of being propelled under its own power, or is unsafe
for operation
on the streets and highways of this State due to inability to comply
with the
Michigan Vehicle Code (MCLA 257.1 et seq; MSA o. 1801 et e»q.).
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| (c) |
The term "fenced" shall mean a fence of wood, cement blocks or other
opaque solid material, not less than eight (8) feet or more than ten
(10) feet in height, so constructed as to make it impossible to see
through said fence. The fence must be kept in good repair and not
repugnant to a reasonable person. Natural screening may also be used.
When trees, hedges or other natural objects are used the ten (10) foot
maximum height is waived. The density of a fence shall be met when using
natural screening. When construction a berm for screening the minimum
and maximum height requirements of a fence shall be met. The fenced or
screened area shall have a non-transparent gate providing access to the
storage area for vehicles but shall not allow direct view of the storage
area from public view. |
SECTION 5. Construction.
This Ordinance shall not be construed as repealing any ordinance now in
effect or hereafter made effective relating to the keeping of rubbish,
Utter, garbage refuse, trash or junk, but shall be construed as
supplementary to any such ordinances as well as to any statutes of the
State of Michigan relating thereto. |
SECTION 6. Nuisance.
The presence of an inoperable motor vehicle or parts of a motor vehicle
in violation of the terms of this Ordinance is hereby declared to be a
public nuisance. |
SECTION 7. Notice to Remedy Condition.
Upon the discovery of a prohibited condition existing as set forth in
the Ordinance, the Township Enforcement Officer or the duly authorized
representative of the Township of SECORD shall notify the owner of the
property of such condition and require that it be remedied within ten
(10) calendar days. The notification may be given in person, or by first
class mail, addressed to the last known address of the property owner,
or by posting the premises. |
SECTION 8. Failure to Remedy Prohibited Condition: Lien.
Should the owner fail to remedy the condition after notice as described
herein, the Ordinance. The Township Enforcement Officer or the duly
authorized representative of the Township of SECORD may remedy the
condition or cause the same to be done by personnel of the Township or
by private contractor, and the actual cost of remedying the prohibited
condition plus 10% for inspection and overhead and other additional
costs in connection therewith, shall be collected as a special
assessment against the premises as provided in the statutes and shall
become a lien against the property. Levying or collecting such a special
assessment shall not relieve any person offending against this Ordinance
from the penalty prescribed for the violation of same. |
SECTION 9. Violation
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| (a) |
Any violation of or any failure to comply with provisions of this
Ordinance shall be deemed a misdemeanor and shall be punishable by a
fine not to exceed $500.00 and/or 9O days in jail. Each day that a
violation of this Ordinance is continued or permitted to exist without
compliance shall constitute a separate offense punishable upon
conviction in the manner prescribed in this Section. The Township may
proceed under Paragraph 8 or 9, or both.
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| (b) |
In addition to any remedies available at law, the township may bring
an action for an injunction or other process against any person to
restrain, prevent or abate any violation of this Ordinance. |
SECTION 10. Severability.
The provisions of this Ordinance are hereby declared to be severable,
and if any clause, sentence, paragraph, section or sub-section is
declared to be void or ineffective for any reason, it shall not affect
any other part or portion hereto. |
SECTION 11. Effective Date.
This Ordinance shall become effective thirty (30) days from the date of
publication in a newspaper in general circulation within the Township of
SECORD. |
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