Berlin Township Anti-Blight Ordinance Number 5
An ordinance to prevent, reduce or eliminate blight, blighting factors
or causes of blight within Berlin Township, St. Clair County, Michigan The
Township Ordains:
Section 1. Purpose
Consistent with the letter and spirit of Act No. 344 of the Public Acts of
1945, as amended it is the purpose of this Ordinance to prevent reduce or
eliminate blight or potential blight in Berlin Township by the prevention
or elimination of certain environmental causes of blight or blighting
factors which exist or may exist in the future in said township.
Section 2. Causes of Blight or Blighting
It is hereby determined that the following uses, structures and activities
are causes of blight or blighting factors, which 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 Berlin Township owned,
leased, rented or occupied by such person, firm or corporation.
A. In any area zoned for residential or agricultural purposes, the
storage upon any property of junk automobiles, except in a completely
enclosed building. For the purpose of this Ordinance, the term junk
automobile shall include any motor vehicle which is not licensed for use
upon the highways of the State of Michigan for a period in excess of
sixty days and shall also include, whether so licensed or not, any motor
vehicle which is inoperative for any reason for a period in excess of one
hundred eighty days.
B. In any area zoned for residential or agricultural purposes, the
storage upon a property of building materials unless there is in force a
valid building permit issued by the Township for construction upon said
property and said materials are intended for use in connection with such
construction. Building materials shall include but shall not be limited to
lumber, brick, concrete or cinder blocks, plumbing materials, electrical
wiring or equipment, heating ducts or equipment, shingles, concrete or
cement, nails, screws or other materials used in constructing any
structures.
C. In areas zoned for residential or agricultural purposes, 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 of not to exceed thirty days. The term "junk" shall include
inoperative machinery or motor vehicles, un-used stoves or other
appliances stored in the open, remnants of woods, metal or any other
materials or other castoff material of any kind whether or not same could
be put to any reasonable use.
D. In any area of the Township, 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 for which it may have been intended.
E. In any area zoned for residential or agricultural purposes, the
existence of any vacant dwelling, garage or other outbuilding unless such
buildings are kept securely locked, windows kept glassed or neatly boarded
up and otherwise protected to prevent entrance thereto by vandals.
F. In any area of the Township, the existence of any partially completed
structure is in the course of construction in accordance with a valid and
subsisting building permit issued by the Township and unless such
construction is completed within a reasonable time.
Section 3. Enforcement and Penalties
A. This Ordinance shall be enforced by such persons who shall be so
designated by the Township Board.
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 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 days after service of the notice upon him. Such service may be
served personally or by registered mail, return receipt requested.
Additional time may be granted by the enforcement officer where bonafide
efforts to remove or eliminate such causes of blight or blighting factors
are in progress.
C. Failure to comply with such notice within the time allowed by the
owner and/or occupant shall constitute a violation of this Ordinance.
D. Violation of this Ordinance shall be a misdemeanor which shall be
punishable upon conviction thereof by a fine not exceeding One hundred
dollars ($100.00) or by imprisonment for not exceeding thirty (30) days or
by both such fine and imprisonment in the discretion of the court.
Section 4. Effective Date
This Ordinance shall become effective 30 days after passage and adoption
Passed and adopted, August 14, 1967
Wm. F. Dobbyn, Township Clerk
Amendment to the Berlin Township Anti-Blight Ordinance Number 5
Amendment No. 1
The Township of Berlin, In St. Clair County, Michigan Ordains:
Article 1. Amend Section 3 (B): Seventh sentence to read:
from such property within fourteen days after service of the notice upon
him.
Article 2. Amend Section 3 (C) Amend C to add the following sentences at
the beginning of the existing paragraph:
Upon non-compliance of this ordinance the property owner and/ or
occupant is subject to payment of a fine of $50.00. If said property owner
and or occupant remains in non-compliance, fourteen days from the date of
the first fine, he/she will be subject to payment of a second fine of
$100.00. If the property owner and/or occupant is in non-compliance
fourteen days from the date of the second fine he/she is subject to a
third fine of $150.00. If said property owner and /or occupant remains in
non-compliance after the third fine the violation of said ordinance will
be turned over to the court.
Article 3. Amend Section 3 (D) Amend D Fourth sentence to read: Five
Hundred Dollars ($500.00).