PROPERTY MAINTENANCE NUISANCES

Grand Rapids City Code tit. IX, ch. 151, art. 8

in effect

Grand Rapids City Code § 9.107 Definitions.

Sec. 9.107. - Definitions. The terms used in this Chapter shall have the meanings or definitions provided for below. Interchangeability: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular includes the plural and the plural includes the singular. Terms Defined in Other Provisions of the Grand Rapids City Code: Where terms are not defined in this Article and are defined elsewhere in the Grand Rapids City Code, such terms shall have the meanings assigned to them in those City Code provisions unless the context of this Chapter clearly indicates otherwise. Terms Not Defined: Where terms are not defined through the methods set out in this Section, such terms shall have the ordinarily accepted meanings consistent with the text of this Chapter. 1. Garbage means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter, used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetable. 2. Hazard or Hazardous means a condition which may potentially result in the death, injury or illness of a human or in severe damage to real or personal property. 3. Inoperable Vehicle shall mean any motor vehicle unable to move under its own power, or part of any motor vehicle or other conveyance which is wrecked, disabled, partially dismantled, junked, or abandoned. 4. Owner means every person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common, or as land contract vendee. Owner shall also mean: (a) Every person who in fact has been empowered to act on behalf of, or as agent of the owner; or (b) Every person who has or exercises care, custody, dominion or control over any property; or (c) Every person who is a record owner as demonstrated by a deed or other document of title recorded at the office of the Register of Deeds; or (d) Every person listed as the taxpayer by Assessor's records. An owner shall not include any person who is a tenant. 5. Residential Composting means the collection of organic materials from household kitchen food and yard waste, in a fully enclosed and commercially manufactured compost receptacle. 6. Rubbish means hazardous or non-hazardous non-putrescible solid waste, excluding ashes, including, but not limited to, all combustible and noncombustible waste, paper, cardboard, metal containers, wood, glass, trash, rubber, brush, bedding, crockery, used or demolished building materials, litter of any kind, and discarded items of little or no apparent value. 7. Unlicensed or Unregistered Vehicle shall mean any motor vehicle or other vehicle or conveyance which lacks a current license plate or registration required for use and includes any vehicle or conveyance which is inoperable or is not functional as intended. 8. Vendoring means the hiring of a contractor or vendor by the City to perform work pursuant to this Article. (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 2, 10-11-11; Ord. No. 2013-44, § 1, 9-10-13, eff. 10-1-13)

Grand Rapids City Code § 9.108 Nuisances Prohibited on Public and Private Property.

Sec. 9.108. - Nuisances Prohibited on Public and Private Property. The following conditions are declared a public nuisance. All property within the City, whether occupied or vacant, improved or unimproved, shall be maintained by the owner free of the following nuisances: (1) Ragweed, poison ivy, poison sumac, poison oak and similar plants. (2) Any grass, weeds or undergrowth higher or longer than twelve (12) inches, except: (a) On portions of undeveloped property behind a wooded tree line. (b) On portions of unsubdivided lands more than twenty-five (25) feet from a public sidewalk or a street open to the public. (c) On portions of undeveloped lots in a subdivision less than sixty (60) percent developed lying more than twenty-five (25) feet from a public sidewalk or public street. (3) Any bush, shrub, tree or other vegetation or portion thereof obstructing the line of vision or interfering with passage of pedestrians or motorists on a sidewalk, walkway, driveway or street. (4) Stagnant or Unsanitary Water. (5) Garbage or rubbish or any other unhealthy, hazardous or offensive condition, object or substance, subject to the following exceptions. Residential composting, as that term is defined in this Chapter, shall be permitted subject to the following conditions: (a) Residential composting is only permitted on the premises of an occupied residential dwelling. (b) The compost may not contain animal waste, meat, bones, grease, oils, fats, or cooked foods of any kind. (c) The compost must be completely contained in a fully enclosed and commercially manufactured compost receptacle. (d) The compost receptacle must be located in the rear yard of the residential dwelling. (e) The compost receptacle must be kept tightly covered except when opened for deposit or removal of compost materials. (f) The compost receptacle shall have a capacity of no greater than 64 cubic feet. (g) The compost receptacle shall be constructed of rigid and durable materials, which shall not include any of the following: burlap, tarp, vehicle tires, wire mesh, chicken wire, flexible fencing material of any kind, or any substantially similar materials. (6) Any dead tree or any portion thereof, or any dying tree that presents a hazard to any member of the public or to property. (7) Any Unsecured Building. An unoccupied or vacant building, structure or part thereof shall be kept secured by the owner against unauthorized entry and water damage. Boarding shall be done in a manner and with materials as specified in Section 9.110 of this Code. (8) Reserved. (9) Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces. A refrigerator, an airtight container, a tank with an open access hole and any other contrivance or property which encloses or substantially encloses a space is declared to be an unlawful and immediate hazard, a nuisance and a violation of this Code if placed anywhere outdoors in a manner which could result in injury or death. Such declared hazard, space or equipment may be abated as an emergency without notice. Upon making harmless a violation of this Section, the City shall issue a notice to abate the violation as set forth in Section 9.111 of this Chapter. (10) Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of-Ways. Every owner shall be responsible for maintaining the following public access areas abutting their property in compliance with this Article, including the following: (a) The sidewalk and parkway to the curb or street pavement, except for dead trees; (b) A public or utility easement to the centerline; (c) An alley or alleyway to the centerline, except for standing or stagnant water. (11) Inoperable, Unlicensed or Unregistered Vehicles. No more than one (1) operable vehicle, that is unlicensed or unregistered shall be located outdoors for more than seven (7) days on a property with a residential or commercial structure. Such vehicle must be located behind a dwelling or commercial building. Inoperable, unlicensed or unregistered vehicle storage is prohibited on any vacant property, whether a structure exists on the property or not. (12) Outdoor Furniture. Any furniture or furnishings manufactured or intended to be for indoor use and is not constructed to be used outdoors, shall not be placed within the yard or on any unenclosed porch or similar area that will allow access for vermin, weather or arson. (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2010-30, § 1, 6-22-10; Ord. No. 2013-44, §§ 2, 3, 9-10-13, eff. 10-1-13; Ord. No. 2023-29, § 1, 7-25-23)

Grand Rapids City Code § 9.108a Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way.

Sec. 9.108a. - Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way. (1) Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this Section. (a) City Employee means any full or part-time employee of the City of Grand Rapids or a contractor retained by the City for the purpose of implementing this Section. (b) Essential Personal Property means any and all personal property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack. (c) Excess Personal Property means any and all personal property that cumulatively exceeds the amount of property that could fit in a 32-gallon container with the lid closed. (d) Personal Property means any tangible property, and includes, but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication. (e) Public Area or Public Areas means all property that is owned, managed or maintained by the City, including property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be limited to, any street, sidewalk, medial strip, space, ground, park, building or structure. (f) Store, Stored, Storing or Storage means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily basis shall be considered storing. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the City or State, is stored with the permission of the City on real property that is owned or controlled by the City. (g) Unattended means no person is present with the personal property to assert or claim ownership of the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property. (2) Regulation and Impoundment of Stored Personal Property; Discard of Certain Stored Personal Property. (a) No person shall store any unattended personal property or attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any unattended personal property in a public area, regardless of volume. Post-removal notice shall be provided as set forth in Subsection 3(b). (b) No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any attended excess personal property stored in a public area. Post-removal notice shall be provided as set forth in Subsection 3(b). (c) No person shall store any personal property in a public area in such a manner as to obstruct, disrupt, or interfere with City operations of any nature, including but not limited to maintenance or cleaning. Without prior notice, the City may temporarily move personal property, whether attended or unattended, which is obstructing City operations in a public area during the time necessary to conduct the City operations. The City also may impound personal property that is obstructing City operations in a public area, pursuant to Subsection 3(a) or 3(b). (d) No person shall store any personal property in a public area in such a manner that it does not allow for passage as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in Subsection 3(b). (e) No person shall store any personal property, whether attended or unattended: (i) Within ten (10) feet of any operational or utilizable driveway or loading dock; (ii) Within five (5) feet of any operational or utilizable building entrance or exit; (iii) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or (iv) In a manner which intentionally blocks or interferes with others' ability to safely use a public bench or other physical public sitting structure. (v) Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (f) No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an immediate threat to the public health or safety. Without prior notice, the City may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public. (i) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (g) No person shall store any personal property, whether attended or unattended, in such a manner that obstructs or interferes with any activity in a public area for which the City has issued a permit. Without prior notice, the City may move and may immediately impound any personal property stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (h) No person shall store any personal property, whether attended or unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (3) Notice. (a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following: (i) A general description of the personal property to be removed. (ii) The location from which the personal property will be removed. (iii) The date and time the notice was posted. (iv) A statement that the personal property has been stored in violation of Subsection 2. (v) A statement that the personal property may be impounded if not removed from public areas. (vi) A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area. (vii) The address where the removed public property will be located, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s). (viii) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. (b) Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following: (i) A general description of the personal property removed. (ii) The date and approximate time the personal property was removed. (iii) A statement that the personal property was stored in a public area in violation of Subsection 2. (iv) The address where the removed personal property will be located, including a telephone number and internet website of the City through which a person may receive information as to impounded personal property. (v) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. (4) Storage and Disposal. (a) Except as specified herein, the City shall move personal property to a place of storage. (b) Except as specified herein, the City shall move and store impounded personal property for 30 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than thirty (30) days. (c) The City shall maintain a record of the date any impounded personal property was discarded. (d) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (5) Repossession. The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. An owner of personal property shall not be charged a fee if repossession occurs within thirty (30) days of removal. (6) Ban on Tents and other Attachments in Certain Public Areas and Regulation of Hours in other Public Areas. (a) Unless a permit is obtained, no person shall erect, configure, construct, maintain, use, occupy, or allow to remain erected any tent in any public area. Without prior notice, the City may deconstruct any tent, whether attended or unattended, in violation of this subsection. With pre-removal notice as specified in Subsection 3(a) or posted signage, the City may impound any tent in violation of this subsection. (b) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including but not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mailbox, pole, bench, news rack, sign, tree, bush, shrub or plant, without prior written consent of the City. (c) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel. (d) Without prior notice, the City may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any Street or area where the public may travel. (Ord. No. 2023-29, § 2, 7-25-23)

Grand Rapids City Code § 9.109 Abatement of Property Maintenance Nuisances.

Sec. 9.109. - Abatement of Property Maintenance Nuisances. Upon observing a violation of this Article, the City may issue a Notice to Abate, as provided for in Section 9.111, and take such other action or actions as is provided for in this Article to abate the public nuisance. These actions may include any of the administrative Code enforcement, abatement-related or abatement actions provided for in Section 9.113. These actions may include, but shall not be limited to, abatement of the public nuisance by a City contractor or vendor or other means determined by the City as provided for in Section 9.112. (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 3, 10-11-11)

Grand Rapids City Code § 9.110 Standards for Abatement of Structural Nuisances.

Sec. 9.110. - Standards for Abatement of Structural Nuisances. All windows, doors or other openings in a vacant or unoccupied structure which can be reached from the ground or from an appurtenance or adjacent structure shall be in good repair and locked or otherwise fastened from the inside or shall be secured in the manner set forth in this Code. All openings or structural elements in poor repair which allow the interior to be damaged by water shall be secured or otherwise made watertight. (1) Boarding Exterior Openings. Boarding shall be secured by use of exterior grade plywood of at least ⅜″ thickness, cut to the size of the opening and secured by use of Phillips headed 2½″ long screws, spaced to inhibit prying, on all first story or ground accessible points of entry or by use of 16d common nails which are permitted only on entry points being secured above the first story or where not accessible from the ground level. Boards may be placed over all points of entry. Open holes, overlapping and extensions beyond the frame which allow prying are not permitted. Boarding shall be painted either white, grey or a color similar to that of the boarded building. (2) Time Limit to Secure Structure. A City order to board or secure a property shall be complied with in not more than seventy-two (72) hours. If the securing has not been commenced, is incomplete, or does not comply with the requirements for boarding, the City shall secure the structure and the City shall bill the owner of record for all costs incurred, including service fees and administrative costs. The amount so billed shall constitute a personal debt of the owner and may be assessed as a lien against the cited property. (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2010-30, § 2, 6-22-10)

Grand Rapids City Code § 9.111 Notice to Abate.

Sec. 9.111. - Notice to Abate. Upon observing a violation of the provisions of this Article upon any property not under the control or ownership of the City of Grand Rapids, the County of Kent or the State of Michigan, the City may issue a Notice to Abate. The Notice to Abate shall include: (1) The nature and location of the violation. (2) The time within which the violation must be abated. (3) Notice that the City may act to abate the violation if it is not abated by the owner within a reasonable time stated in the Notice, but which may not exceed fifteen (15) days. (4) Notice that the cost of such action by the City, plus an administrative fee, shall be a personal debt of the owner, which may be assessed as a lien against the property until paid. (5) Notice that any refusal to allow the City to abate an uncorrected violation shall be a separate violation under this Code. (Ord. No. 2006-32, § 1, 6-6-06)

Grand Rapids City Code § 9.112 Authorization for City Abatement.

Sec. 9.112. - Authorization for City Abatement. Upon failure of a property owner to abate a violation as ordered in a Notice to Abate, the City may abate the nuisance. This abatement may be performed by the City, by a contract vendor, or by other means determined by the City. (Ord. No. 2006-32, § 1, 6-6-06)

Grand Rapids City Code § 9.113 Code Enforcement Actions; Additional Abatement Notices and Actions and Administrative Fees.

Sec. 9.113. - Code Enforcement Actions; Additional Abatement Notices and Actions and Administrative Fees. The actions taken to abate a public nuisance pursuant to this Article may include any of the actions provided for in this Section as determined by the City. The fees necessary for the administration of this Article and authorized by Section 9.114 shall be established from time to time by resolution of the City Commission. Where any action not specifically authorized by this Section is taken by the City, the fee charged by the City shall include the actual cost of such action and any administrative costs incurred in taking such action. Actions specifically authorized by this Section and the administrative fees shall include the following: (1) Notice to Abate; (2) Search Warrant; (3) Contact Request or Warning of Abatement Action; (4) Attorney Warning Letter; (5) Civil Infraction Preparation; (6) Additional Inspections; (7) Vendoring; (8) Second and Subsequent Vendoring; (9) Vehicle Removal; (10) Second and Subsequent Vehicle Removal; (11) Denied Entry. (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 4, 10-11-11)

Grand Rapids City Code § 9.114 Charge to Owner.

Sec. 9.114. - Charge to Owner. All of the costs of Code enforcement and abatement-related activities on private or public property provided for in this Article incurred by the City shall be billed to the owner and shall be paid within 30 days of mailing. All costs of actual abatement and any Code enforcement or abatement-related activities, as provided for in this Article, shall be a personal debt owed the City by the owner of any private property upon which a public nuisance is located. The debt shall also, in addition to being a personal debt, be charged against such premises and the owner thereof and shall be a lien on the property until paid. It shall be a violation of this Code for any person to fail, neglect or refuse to comply with an order issued pursuant to the provisions of this Chapter unless an appeal is lawfully filed as provided for in this Chapter." (Ord. No. 2006-32, § 1, 6-6-06; Ord. No. 2011-44, § 4, 10-11-11)

Grand Rapids City Code § 9.115 Penalties.

Sec. 9.115. - Penalties. A violation of Section 9.108 of this Code is a civil infraction. (Ord. No. 2006-32, § 1, 6-6-06)

Source: City of Grand Rapids, Michigan, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/mi/grand_rapids/codes/code_of_ordinances?nodeId=TIOLRE_CH151NU_ART8PRMANUFetched: 11/7/2026