§ 17-162. Definitions.

For purposes of this article, the following definitions shall apply:

Controlled substance means a drug, substance or immediate precursor as defined by the Michigan Controlled Substances Act (MCL 333.7101 et. seq., as amended).

Drug paraphernalia means any equipment, project or material of any kind or nature whatsoever which is used, intended for use or designed for use in planting, propagating, cultivating, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined by the Controlled Substance Act (MCL 333.7101 et seq., as amended).

Multiple dwelling, when used in this article, means a building designed for or occupied by at least three (3) or more families living independently of each other with separate housekeeping and cooking facilities for each.

Owner means the person, firm, company, association, society, corporation, partnership, or group, including its officers and employees, shown by the city assessor's office as the owner of record of the property against which proceedings are instituted under this article.

Prostitution means the act of engaging in promiscuous sexual relations for payment or other valuable consideration.

Public nuisance means whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property. Public nuisance shall also include, but not be limited to, whatever is forbidden by any provision of this article. In addition, the existence of any of the following conditions shall constitute a nuisance per se:

(a)

Using or maintaining any real property in a manner where there exist an aggregate of ten (10) of any of the following conditions within the last twelve (12) consecutive calendar month period. (In cases of multiple dwellings, the number shall be five (5) violations and/or responses per individual unit or an aggregate of twenty (20) violations and/or responses for the entire complex, whichever is less):

(1)

The occurrence of an inspection by which unremediated violations of the city housing maintenance code were found to be present;

(2)

The occurrence of an inspection by which unremediated violations of the city fire prevention code were found to be present;

(3)

The occurrence of police responses to the property or police responses relating to conduct that occurred upon the property; or

(4)

Failure to pay property taxes upon the property for at least one (1) full year.

(b)

Using or maintaining any real property in a manner where there exists any of the following conditions within the last twelve (12) consecutive calendar month period:

(1)

The occurrence of at least two (2) arrests upon the property or arrests resulting from alleged illegal conduct upon the property on different days for different incidents by a law enforcement agency involving the illegal sale or possession of controlled substances; or

(2)

The occurrence of at least two (2) arrests upon the property or arrests resulting from alleged illegal conduct upon the property on different days for different incidents by a law enforcement agency involving unlawful gambling or prostitution; or

(3)

The occurrence of at least two (2) incidents of unlawful discharge or unlawful use of a firearm upon the property on different days for different incidents by a law enforcement agency involving unlawful discharge or unlawful use of a firearm.

Real property or property in this subsection means any structure, house, building, yard, garage, or any part thereof.

Unlawful gambling means to unlawfully bet money or any other thing of value on an uncertain outcome or contingency.

Unlawful gambling enterprise means two (2) or more persons engaged in the promotion, management or establishment of unlawful gambling.

(Ord. No. 99-6, § 1, 4-20-99; Ord. No. 2012-38, § 2, 11-13-12)