This ordinance shall be known as the Porter Township Anti-Blight Ordinance.

It is the purpose of this ordinance to reduce and eliminate blight which exists now and in the future, to promote the public health, safety and welfare and protect the environment.

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, or any amendments, 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 Township of Porter owned, leased, rented or occupied by such person, firm, partnership, corporation, or other entity.

A.

In any area, for a 30-day period of time or longer, the outside storage or the accumulation of junk, trash, metal, wood, cement and rubbish or refuse of any kind, except domestic refuse stored in such manner as not to create a nuisance is prohibited. The term "junk" shall include parts of machinery or motor vehicles, used 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 reasonable use. Outside storage is defined as items not enclosed in a permanent building or structure.

B.

In any area 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 purpose for which it may have been intended.

C.

In any area, 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.

D.

In any area the existence of any partially completed structure, unless such structure is in the course of construction in accordance with a valid building permit issued by the township and unless such construction is completed according to a valid building permit.

E.

The storage, parking or permitting to be stored or parked outside of a fully enclosed building or structure any unused, dilapidated, unlicensed or disassembled motor vehicle, any type of recreational vehicle, road tractor, trailer or semitrailer, unless a special use permit has been issued by the Township. A junk, unused, dilapidated, unlicensed or disassembled motor vehicle, any type of recreational vehicle, road tractor, trailer or semitrailer is defined as a blighting factor if it has been unassembled, unlicensed, or inoperable for more than six (6) months.

A.

Commercial or Industrial Zone: Limited outside storage of working, motor vehicles or service vehicles, boats, etc., awaiting repair or seasonal use, may be allowed on a temporary 6-month period as long as such items are stored in a neat and orderly manner and are screened by an opaque or solid enclosure.

B.

Agricultural Zones: Usable farm equipment, motor vehicles, and other similar equipment used exclusively and specially for farming, located on an active farming operation, shall be exempt provided such equipment is stored in a neat and orderly manner and stored in a place other than along the frontage on a street or road.

Any blight or blighting factor as herein defined is declared to be a nuisance per se.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person must file a written complaint, and such a complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator, who shall record properly such complaint, investigate and take action thereon as provided by this ordinance, and make an answer to the complaint.

Any person, firm, association, partnership, or corporation that violates any of the provisions of this Ordinance or fails or refuses to abide by and [any] Order entered under this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statute which shall be punishable by a civil fine determined in accordance with the following schedule:

;note;* within 3-year period determined on the basis of the date of commission of the offense(s).

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which Porter Township has incurred in connection with the municipal civil infraction. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, compliance order or other appropriate remedy to compel compliance with this ordinance. Each day that a violation of this ordinance exists shall constitute a separate violation of this ordinance.

(Amend. eff. Jan. 10, 2014)

In addition to the criminal sanctions herein provided, the Porter Township Board, after resolution duly adopted, shall have the authority to proceed in any Court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.

In addition to any and all remedies set forth in Porter Township Ordinances, the Township may request the cost of prosecution, the cost of recovery, and the cost of removal shall become a special assessment on the property upon which is the subject matter of the action.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.