Environmental Ordince

 

Property Maintenance ― Failure to obtain a certificate of compliance or rental registration, failure to maintain the exterior of property, failure to comply with an emergency order, rat harborage, and failure to remove snow and ice; ― b. Zoning Violation of a special land use grant, a change of use of land without permit, change of use of building without a permit, failure to obtain certificate of maintenance of grant conditions; and c. Solid Waste and Illegal Dumping - Early or late placement or improper storage of Courville containers, improper set-out during eviction, improper storage of solid, medial or hazardous waste, improper bulk set-out and illegal dumping. d. Illegal Dumping from a Motor Vehicle - Using a Motor Vehicle to illegally dump solid waste on private or public or government property. Commercial Solid Waste Any waste generated as a result of carrying out a business, including associated lawn and garden clippings from normal maintenance of the business premises. Commercial waste also includes rubbish produced by customers (i.e. food wrappers and containers). Construction Solid Waste Solid waste from buildings construction, alteration, demolition or repair, and dirt from excavations. DPD 631 (REV. 11-98) C of D-131-OR Courville Containers Receptacles which are one hundred (100), three hundred (300), or four hundred (400) gallons in capacity; are the property of the city; are provided by the Department of Public Works for use at residential structures and commercial establishments; and are mechanically emptied. Debris The remains of an item broken down or destroyed. Domestic Solid Waste Domestic solid waste, commonly known as trash or garbage, is a waste type consisting of everyday items that are discarded by the public. Garbage As defined by Section 11503 of the Michigan Natural Resources and Environmental Act, MCL 324.11503, rejected food wastes including waste accumulation of animal, fruit, or vegetable matter, used or intended for food or that results from the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable matter. Graffiti Unauthorized drawings, lettering, illustrations, or other graphic markings on the exterior of a building, premises, or structure which are intended to deface or mar the appearance of the building, premises, or structure. Litter As defined by Section 8901 of the Michigan Natural Resources and Environmental Act, MCL 324.8901, all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances. Owner Any person, agent, operator, firm or corporation having a legal or equitable interest in the building, premises or structure, or is recorded in the official records of the state of Michigan, county of Wayne, or the City of Detroit as holding title to the building, premises or structure, or otherwise has the legal responsibility for the control and maintenance of the building, premises or structure, including the conservator or guardian of the estate of any such person, the executor or administrator of the estate of such person where ordered to take possession of a building, premises, or structure by a court, or is the taxpayer of record. Rubbish As defined by Section 11505 of the Michigan Natural Resources and Environmental Act, MCL 324.11505, non-putrescible solid waste, excluding ashes, consisting of both combustible and non-combustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety. DPD 631 (REV. 11-98) C of D-131-OR Solid Waste Any material defined as a solid waste within the meaning of the Natural Resources and Environmental Protection Act, MCL 324.11501 et seq., and 42 USC 6901 et seq., and specifically includes "scrap" and "litter" as defined by the Michigan Litter Statute, MCL 324.8201, and "medical waste" as defined in this section. Administration Department of Appeals and Hearings (DAH) The Department of Appeals and Hearings (DAH) or "Blight Court" was created to decriminalize certain types of violations pertaining to property maintenance and littering. The violations are fines only and considered civil violations, which are heard at the Department of Administrative Hearings. Blight Enforcement Officer A member of the Detroit Police Department (DPD) who has specialized training to enforce blight violations in the city of Detroit. The member is an official representative of the city, fact finder, enforcement authority, educator, and liaison to other city agencies. Blight Violation Notice (BVN) Blight Violation Notices (BVNs) are written tickets issued by City inspectors, police officers, and other City officials who investigate complaints of blight. Blight Violation notices are issued to property owners or those in control of property that is in violation of the City's anti-blight ordinances. Types of Blight Violations

 1. There are three (3) types of blight code violations that a blight enforcement officer     may cite based upon specific Detroit City Code chapters:     a. Property Maintenance Code (Chapter 8);     b. Solid Waste and Illegal Dumping Ordinance (Chapter 42) and     c. Zoning Ordinance (Chapter 50).  2. All of these code violations are issued on the same blight notice citation. The issuing member must indicate at the top of the citation which type of code violation they are citing. Members shall issue violations under the City ordinance and not the state law.     Agencies that Issue Blight Violations  3. Detroit Public Works (DPW) – Environmental Control Inspectors;  4. Buildings, Safety, Engineering and Environmental Department (BSEED); and  5. Detroit Police Department - Trained Blight Enforcement Officers.     Blight Enforcement Tracking System (BETS)     An internet application link to the system designed for the processing of all BVNs. All BVNs must first be numerically entered into the database before they can be issued to an offender.     DPD 631 (REV. 11-98)     C of D-131-OR     Procedure     Ticket Generation     All members who have successfully completed the blight training will be placed in the BETS through the DAH office. Trained members can pick up the Blight Violation Notice books from the Department of Appeals and Hearings, Coleman A. Young Municipal Center, 2 Woodward Avenue, Suite 1004, Tuesday through Friday between the hours of 10:00 a.m. and 2:00 p.m.     Writing/Issuing Violation Notices  6. Violation notices shall be written in numerical order. If any member issues a ticket on scene and is unable to obtain the owner's information, members can obtain the information from the City of Detroit Deeds website. Once the ticket has been written, the tickets will be distributed as follows:     a. Beige (original top ticket) shall be given to the DAH clerk on the hearing date; b. Pink (second copy) shall be for the member issuing the violation;     c. Yellow (third copy) shall be placed at the location of the violation (i.e. affixed to     a door, window, etc.); and     d. White (fourth copy) shall be sent to the owner of the location via U.S. Postal     Service, only if the owner is unavailable at the time of issuance.  7. If the violation is a repeated violation, the "Repeat Violation" section on the ticket must be checked and state that the fine will be increased. Once the violation notice has been issued, the member is to add all the information into the FACE System in order to generate a hearing date.     NOTE: The yellow copy shall not be placed inside any mailbox, but should be posted where it can be seen.     Court Hearings - DAH  8. Pictures are not required for the hearing, but should be presented when available; This would be more beneficial for the prosecution of the case along with a printed copy from the Register of Deeds with all of the owner's information.  9. Any video, written or recorded statements, and any other evidence should be     made available for review by the DAH Hearings Officer.     Misdemeanor Complaint Ordinance "V" Tickets     Authorized Members

  1. Members of the Detroit Police Department (DPD) who have specialized training to     enforce blight violations in the City of Detroit may also issue "V" Tickets.
  2. There are three (3) types of "V" Ticket violations that trained blight officers may     cite based upon specific Detroit City Code chapters as follows:     a. Sign, Lighting, and Display Ordinance (Chapter 3);     b. Animal Control Ordinance (Chapter 6) or Michigan State Law M.C.L. 287.261 -     395; and     c. License Ordinance (Chapter 30).     DPD 631 (REV. 11-98)     C of D-131-OR
  3. Michigan State Law Code can only be used when issuing violations for an animal control ordinance. The issuing member must indicate on the citation, which type of code violation they are citing and check the box on the ticket indicating if the violation is being written under the City ordinance or state law.     Ticket Generation     Trained blight officers can pick up the "V" Tickets from 36th District Court, 3rd Floor, room 321. Members are to sign the log book including their rank, badge, and command.     Writing/Issuing "V" Tickets
  4. "V" Tickets shall be written in numerical order. If any member issues a ticket on scene and is unable to obtain the owner's information, members can obtain the information from the City of Detroit Deeds website; members should also seek the assistance of Precinct Detectives to run CLEAR searches for the most recent occupants, as the offenders may NOT be the actual owner of the property in question. Once the ticket has been written, the tickets will be distributed as follows:     a Beige (original top ticket) and the white (first copy) shall be sent to 36th District     Court;     b. Yellow (second copy) shall be issued to the defendant; and     c Green (third copy) shall be for the member issuing the violation.
  5. Members shall submit a copy of each written ticket by the end of their shift. The     officer-in-charge shall be responsible for reviewing the ticket for accuracy.     Court Hearings - 36th District Court
  6. All court hearings that go to trial will be held at 36th District Court. Members will receive a subpoena indicating the set trial date. Pictures are not required for the hearing, but should be made available given that they are more beneficial for the prosecution of the case along with a printed copy from the Register of Deeds with all the owner's information.
  7. Any video, written or recorded statements, and any other evidence should be     made available for review by the 36th District Court Judge     Updates to the Department Manual are forthcoming.

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