There will be a PUBLIC HEARING for the Blight Ordinance at the regularly scheduled meeting on December 2, 2013. at 7:00pm at the Mullett Township Hall in Topinabee, Michigan.
A draft of the proposed Blight Ordinance is at the end of this post.
Supervisor Mary Anne Gale continues her agenda to enact a "Blight Ordinance" for all of Mullett Township.
Numerous board discussions and input from Mullett Township attorney Tim MacArthur and other townships have not dissuaded Supervisor Gale from her intent to enact a blight ordinance for all of Mullett Township. Supervisor Gale refused to take any action to limit the proliferation of pole barns in Topinabee, despite prior signed statements of protest from more than 20 Topinabee area residents. She stated she believes a person should be able to use their property as they wish and apparently does not see a hanger size pole barn sitting across the street from your home as blight.
At the last Board Meeting, Tim MacArthur read excerpts from the proposed blight ordinance, identifying conditions that will be labelled "blight". He explained the actions needed to enforce the proposed ordinance, including hiring a "blight cop", and the punitive fines needed to enforce clean-up. A daily fine of $500 was discussed. That is $500 each day your property is not brought into compliance.
Supervisor Gale endorses this type of pole barn development in a Topinabee residential neighborhood as the property owner's legal rights.
Supervisor Gale's proposed "Blight Ordinance" would apparently identify all of these Topinabee area properties as "blight" and property rights be damned.
Supervisor Gale, an apparently staunch supporter of local volunteerism should see this as an opportunity to reach out to "her" neighbors, these local Mullett Township residents with a helping hand. I encourage Supervisor Gale and her supporters to "volunteer" their labor to clean up these properties.
Many of us, supporters or not of the TDA, participated in the two "annual" spring clean-ups organized by the Topinabee Development Association. With the Topinabee Beach Park project underway last spring, the TDA Board did not see any need for a "community" spring clean-up.
To paraphrase, if you can't see it from your own yard, it's not a problem.
Blight Ordinance Draft
Draft of Blight Elimination Ordinance
Ordinance #____ - 01
An ordinance to prevent, reduce or eliminate blight, blighting factors or causes of
blight within Mullett Township, Cheboygan County, Michigan; to provide for the
enforcement hereof; and to provide penalties for the violation hereof. Pursuant
to the enacting authority therefore provided by act 344 of the Public Acts of
1945, as amended.
THE TOWNSHIP OF MULLETT, CHEBOYGAN COUNTY 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 Mullett Township by the prevention or elimination of
certain environmental causes of blight or blighting factors which exist or which
may in the future exist in said township and said ordinance shall be known as the
Mullett Township Blight Elimination Ordinance #____ - 01.
Section 2: INTENT
It is the intent of these regulations to establish reasonable guidelines and
standards concerning the storage of materials and/or vehicles on properties,
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that, if not regulated, would have the potential to cause blight and devalue
property. The exercise of these regulations shall, within reason, not:
! Interfere with the normal and good practice operations of farms,
farm lands, or forest lands. This Ordinance does not apply to
motor driven equipment which is unlicenced but is being used
entirely for off-highway work on land zoned for agricultural use.
! Discourage the keeping and/or restoration of vehicles having
antique or classic value.
! Prevent normal and good practice use of fuel wood and/or lumber
(new or used) and intended for use in building projects.
! Abrogate any other normal good practice use of property that is in
character with the neighborhood in which it is located.
The exercise of these regulations within Mullett Township shall give full
consideration to the property’s neighborhood environment, the intention of the
landowner with respect to materials stored, the period of time that the storage is
to be maintained, the zoning classification of the property, the environmental
features of the property and adjoining properties and, in general, the impact on
the economy and character of Mullett Township, including any impact on tourism.
Section 3: 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, partnership, corporation, limited liability
company or business organization or entity of any kind shall maintain or permit to
be maintained any of these causes of blight or blighting factors upon any
property in Mullett Township owned, leased, rented or occupied by such person,
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firm, partnership, corporation, limited liability company or business organization
or entity.
A. INOPERATIVE OR UNLICENSED MOTOR VEHICLES
Original language:
The storage of any unlicensed or inoperative motor vehicles, except in a
completely enclosed building or shielded from public view by one or more of the
following which has been approved by the Township: plantings, green belt,
natural vegetation, topography or approved structure. For the purposed of this
section, the term “unlicensed motor vehicle” means any motor vehicle which is
not licensed for use upon the highways of the State of Michigan and the term
“inoperative motor vehicle” means any motor vehicle which is inoperative for 90
days or longer.
Language proposed by Trustee Dennis Dombroski:
The storage of any unlicensed or inoperative motor vehicles, except in a
building enclosed with at least 3 walls and a roof or shielded from public view
by one or more of the following which has been approved by the Township:
plantings, green belt, natural vegetation, topography or approved structure. For
the purposed of this section, the term “unlicensed motor vehicle” means any
motor vehicle which is not licensed for use upon the highways of the State of
Michigan and the term “inoperative motor vehicle” means any motor vehicle
which is inoperative for 90 days or longer. This definition does not apply to
machinery or trailers used in logging, farming, agricultural, construction,
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or excavation operations.
B. AUTOMOBILE PARTS, EQUIPMENT AND MACHINERY
Original language:
The storage upon any property of any equipment or machinery in a state
of disrepair, or boats or trailers in a state of disrepair, or automobile parts, except
to the extent such items are kept in a completely enclosed building or are
shielded from public view by one or more of the following which has been
approved by the Township: plantings, green belt, natural vegetation, topography
or approved structure.
Language proposed by Trustee Dennis Dombroski:
The storage upon any property of any equipment or machinery in a state
of disrepair, for a period of one year, or boats or trailers in a state of disrepair,
for a period of one year or automobile parts, for a period of one year except
to the extent such items are kept in a building enclosed with at least 3 walls
and a roof or are shielded from public view by one or more of the following
which has been approved by the Township: plantings, green belt, natural
vegetation, topography or approved structure. This section shall not apply to
machinery or trailers used in logging, farming, agricultural, construction,
or excavation operations.
C. BUILDING MATERIALS
Original language:
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The storage upon any property of building materials unless there is in
force a valid building permit issued by the County of Cheboygan for construction
upon said property and said materials are intended for use in connection with
such construction. Building materials shall include, but shall 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, or any other materials used in constructing any structure. Neatly
piled building materials, however, may be stored on property on a temporary
basis, if the Township Ordinance Enforcement Officer determines that the
materials, as stored, will not be unsightly or cause blight and, in writing, provides
how long such materials can be stored on such property.
Language proposed by Trustee Dennis Dombroski:
The storage upon any property of building materials unless there is in
force a valid building permit issued by the County of Cheboygan for construction
upon said property and said materials are intended for use in connection with
such construction. Building materials shall include, but shall 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, or any other materials used in constructing any structure. Neatly
piled building materials, however, may be stored on property on a temporary
basis, if the Township Ordinance Enforcement Officer determines that the
materials, as stored, will not be unsightly or cause blight and, in writing, provides
how long such materials can be stored on such property. This section shall not
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apply to building materials for agricultural buildings as building permits
are not required for agricultural buildings in the State of Michigan.
D. JUNK, TRASH AND RUBBISH
Original language:
The storage or accumulation of junk, trash, rubbish or refuse of any kind,
except in a completely enclosed building or completely shielded from view from
adjoining properties or a public road by means of one or more of the following
which has been approved by the Township: plantings, natural vegetation,
topography or a structure approved by the Township. The term “junk” will include
parts of machinery or motor vehicles, stoves, refrigerators, washing machines,
dryers, dishwashers, freezers or other appliances, or any kind or nature,
remnants of wood, except firewood to be used within a period of six months,
metal or other cast-off materials of any kind whether or not the same could be
put to any reasonable use. Farm machinery in normal use in an area zoned for
agricultural use is exempt from the provisions of this section.
Language proposed by Trustee Dennis Dombroski:
The storage or accumulation of junk, trash, rubbish or refuse of any kind,
except in a building enclosed with at least 3 walls and a roof shielded from
view from adjoining properties or a public road by means of one or more of the
following which has been approved by the Township: plantings, natural
vegetation, topography or a structure approved by the Township. The term “junk”
will include parts of machinery or motor vehicles, stoves, refrigerators, washing
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machines, dryers, dishwashers, freezers or other appliances, or any kind or
nature, remnants of wood, except firewood to be used within a period of six
months, metal or other cast-off materials of any kind whether or not the same
could be put to any reasonable use. Farm machinery and farm machinery
parts in normal use in an area zoned for agricultural use is exempt from the
provisions of this section.
E. INCOMPLETE BUILDING
Original language:
The existence of any partially completed structure unless such structure is
in the course of construction in accordance with a valid and existing building
permit issued by the County of Cheboygan and unless such construction is to be
completed within a reasonable time.
Language proposed by Trustee Dennis Dombroski:
The existence of any partially completed structure unless such structure is
in the course of construction in accordance with a valid and existing building
permit issued by the County of Cheboygan and unless such construction is to be
completed within a reasonable time. This provision shall not apply to
agricultural buildings as building permits are not required for agricultural
buildings in the State of Michigan.
F. DAMAGED OR UNUSED BUILDING
Original language:
The existence of any structure or part of any structure which, because of
fire, wind or other natural disaster, or physical deterioration, which in the
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judgment of the Cheboygan County Building inspector is an unusable structure
as defined in the Michigan Building Code, and is no longer habitable as a
dwelling or useful for any other purpose for which it may have been intended.
Language proposed by Trustee Dennis Dombroski:
The existence of any structure or part of any structure which, because of
fire, wind or other natural disaster, or physical deterioration, which in the
judgment of the Cheboygan County Building inspector is an unusable structure
as defined in the Michigan Building Code, and is no longer habitable as a
dwelling or useful for any other purpose for which it may have been intended.
This provision shall not apply to agricultural buildings as building permits
are not required for agricultural buildings in the State of Michigan.
G. HOUSE TRAILERS, MOBILE HOMES, CAMPERS OR
RECREATIONAL VEHICLES
Original language:
The existence of any house trailers, mobile homes, campers, or
recreational vehicles in disrepair or not in normal use for a period of one (1) year.
Change proposed by Supervisor Mary Anne Gale:
The existence of any house trailers, mobile homes, campers, or
recreational vehicles in disrepair or not in normal use for a period of three (3)
years.
Language proposed by Trustee Dennis Dombroski:
The existence of any house trailers, mobile homes, campers, or
recreational vehicles in disrepair for a period of one (1) year.
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Comment by Trustee John Brown:
Trustee Brown emailed the Township Board Members with a copy of a
proposed revision to the Cheboygan County Zoning Ordinance which would
regulate and, in some instances allow, the use of tents, travel trailers, campers,
recreational vehicles and undersized mobile homes in non-campground settings
for various reasons. He questions whether such items should be the subject of
the Mullett Ordinance in light of the proposed amendment to the County Zoning
Ordinance.
Section 4: ENFORCEMENT OF ORDINANCE
A. This Ordinance shall be enforced by an Ordinance Enforcement
Officer appointed by, and acting under the authority of the Township Board.
Amended:
A. This Ordinance shall be enforced by an Ordinance Enforcement
Officer appointed by, and acting under the authority of the Township Board who
shall investigate complaints of violations of this Ordinance which are received by
the Ordinance Enforcement Officer.
Changes suggested by Supervisor Mary Anne Gale:
A. This Ordinance shall be enforced by an Ordinance Enforcement
Officer appointed by, and acting under the authority of the Township Board. The
Ordinance Enforcement Officer shall report directly to the Township Supervisor
and shall act under the direct supervision of the Supervisor. Reports of
Ordinance violations prepared by the Ordinance Enforcement Officer shall be
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released to the Supervisor only.
Changes suggested by Clerk Rachel Osborn:
A. This Ordinance shall be enforced by an Ordinance Enforcement
Officer appointed by, and acting under the authority of the Township Board. The
Ordinance Enforcement Officer shall report to the Mullett Township Board and
shall act under the supervision of such Board. Reports of Ordinance violations
prepared by the Ordinance Enforcement Officer shall be released to all Board
members.
B. 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 3 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 30 days after service of the
notice upon such owner or occupant. Such notice may be served personally or
by certified mail, return receipt requested. Additional time may be granted by the
Township Ordinance Enforcement Officer where bonafide efforts to remove or
eliminate such causes of blight or blighting factors are in progress.
Added:
C. Prior to issuance of a citation, any owner or occupant of a property
upon which it is alleged that any of the causes of blight or blighting factors set
forth in Section 3 hereof is claimed to exist, and upon whom a notice to remove
the alleged blight has been served, may appeal to the full Board of Mullett
Township. A written request for a hearing shall be filed with the Township Clerk.
A hearing shall be held in front of a quorum of the full Township Board within 45
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days after the date of receipt of the request for hearing. The Township Board
may affirm, overrule or delay a notice by the Ordinance Enforcement Officer to
remove or eliminate the alleged blight.
D. If the owner or occupant fails to comply with the notice to eliminate
the blight within the times set forth in subparagraph B above the Township
Ordinance Enforcement Officer may issue a citation for violation of this
Ordinance.
Section 5: PENALTIES
Amended:
A. A violation of the Ordinance is a municipal civil infraction, for which
the fine shall be not less than $50.00 nor more than $500.00 for the first offense
and not less than $100.00 nor more than $2,500.00 for subsequent offenses, in
the discretion of the Court, together with the costs of enforcement of this
Ordinance, including, but not limited to collection of actual attorney fees and
court costs. For purposes of this section, “subsequent offense” means a
violation of the provisions of this Ordinance committed by the same person for
the same property within twelve (12) months of a previous violation of the same
provision of the Ordinance for which said person admitted responsibility or was
adjudicated to be responsible, provided, however, that offenses committed on
subsequent days within a period of one week following the issuance of a citation
for a first offense shall all be considered separate first offenses.
B. In addition to pursuing a municipal civil infraction proceeding
pursuant to subsection A hereof, the Township may also institute an appropriate
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action in a court of competent jurisdiction seeking injunctive, declaratory, or other
equitable relief to enforce or interpret this Ordinance or any provision of the
Ordinance.
C. All remedies available to the Township under this Ordinance and
Michigan law shall be deemed to be cumulative and not exclusive.
D. Any use of land that is commenced or conducted, any activity, or
any building, item or structure that is erected, moved, used, placed,
reconstructed, razed, extended, enlarged, altered, maintained, or changed, in
violation of any provision of this Ordinance is also hereby declared to be a
nuisance per se.
E. Each and every day during which a violation of this Ordinance shall
exist shall be deemed to be a separate offense.
F. Any person, firm or entity that assists with or enables the violation
of this Ordinance shall be responsible for aiding and abetting, and shall be
considered to have violated the provision of this Ordinance involved for which
such aiding and abetting occurred. Furthermore, any attempt to violate this
Ordinance shall be deemed a violation of the provision of this Ordinance involved
as if the violation had been successful or completed.
Section 6: EFFECTIVE DATE
This ordinance shall become effective thirty (30) days after its publication
as required by law.
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This ordinance was adopted by the Township Board of the Mullett
Township, Cheboygan County, Michigan, at a Regular meeting thereof held on
______________, 201__.
CERTIFICATION
We, the undersigned Supervisor and Clerk of Mullett Township do certify
that the foregoing Mullett Township Blight Elimination Ordinance #____ -01 was
duly adopted and passed by resolution of the Mullett Township Board at a
regular meeting thereof, held on the _____ day of _______, 201__.
_______________________________
Mary Anne Gale,
Mullett Township Supervisor
_______________________________
Rachel Osborn,
Mullett Township Clerk
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