According to an adage, one man’s trash is another man’s treasure. But what happens when all the prospective home buyers see someone’s “treasure” as a blight on the neighborhood, reducing the overall property value?
The Bingham Township board grappled with this question at their March 18 meeting while reviewing a nuisance ordinance, but couldn’t quite come up with a consensus, informally agreeing to think about the night’s discussion and resuming next month.
“Well, I don’t think we’re going to get anyplace with this tonight. Let’s think about what’s been discussed tonight and put it back on the agenda for next month,” township Supervisor Midge Werner said. “I think that we’re all kind of recognizing we should probably be some kind of enforcement going here, it’s kind of what that would possibly be.”
Township Trustee Todd Stone said that the Bingham Planning Commission sees a need for a nuisance ordinance, in part because of repeated complaints against some township residents. Stone said that according to legal opinion, setting definitions for things like blighted structures, garbage, and junk will allow the township to abate nuisances without waiting for complaints.
A 2016 draft ordinance for the township that was never implemented provided a starting point for discussion at the township board’s March regular meeting.
In addition to laying out definitions, the ordinance says that the township board can designate an enforcement officer who will notify people of nuisances and “take such steps as necessary to abate or eliminate the nuisance, in accordance with established enforcement procedures,” if the owner/possessor of the blighted property fails to do so themselves after receiving notice.
The draft ordinance says that people violating the ordinance will be responsible for a municipal civil infraction under Michigan Common Law and be subject to a fine up to $500 each day the nuisance goes unabated. If the enforcement offer removes it, the township can open a lawsuit to recover the costs, including attorney fees.
The draft ordinance also included noise and outdoor lighting regulations. Per consensus of the township board, however, this language may be stricken from the ordinance as their main goal is addressing blight.
To some township board members, the primary concern with the draft ordinance appeared to be that it was too “extreme” and could give the township authority to intervene when the violations don’t affect property value or otherwise harm the neighbors.
“I don’t know that I want to take that much authority over somebody’s property,” Trustee Sandra Grant said. “If you have something in your backyard, and your neighbor can see it, but it’s not really harming your neighbor at all, it’s not really bringing down their property value – yeah, I’m okay with them having it. Is putting up a shed and filling it with junk any better?”
In other business during their monthly meeting the board:
• Approved a contract with GFL Environmental to help with the township cleanup date, scheduled for May 18 from 9 a.m. to noon. The billing rates will be $200 per hour for the truck with driver and helper, $43 per compacted yard, and a fuel surcharge at 25% of total charges.
• Approved the final payment to A. Rink Architects Inc. for additions to the Bingham Township Hall in the amount of $2,800, pending approval from the county building safety department for a certificate of occupancy and other certifications.
