• Preamble
• Chapter I — City Administration
  • Section 1.1 — City Council Rules of Order
  • Section 1.2 — Downtown Development Authority
  • Section 1.3 — Title VI Non Discrimination
  • Section 1.4 — Emergency Response Cost Recovery
  • Section 1.5 — Code Enforcement & Penalty
• Chapter II — City Utilities, Services & Facilities
  • Section 2.1 — Water Service & Rates
  • Section 2.2 — Sewer Service & Rates
  • Section 2.3 — Water Supply Rural Development
  • Section 2.4 — Refuse Containers, Collection & Rates
  • Section 2.5 — Sidewalks
  • Section 2.6 — Catastrophic Events Billing Waiver
  • Section 2.7 — Wellhead Protection
  • Section 2.8 — Refunding of Revenue Bonds
• Chapter III — Third Party Services
  • Section 3.1 — Metro Act
  • Section 3.2 — Natural Gas Franchise
  • Section 3.3 — Cable TV Franchise
• Chapter IV — Traffic, Motor Vehicles & Recreation Vehicles
  • Section 4.1 — Uniform Traffic Code
  • Section 4.2 — Winter Traffic Regulations
  • Section 4.3 — Clear View Regulation
  • Section 4.4 — Parking & Traffic violations
  • Section 4.5 — Vehicle Weight Restrictions
  • Section 4.6 — ORV / ATV Operation
  • Section 4.7 — Watercraft Operation
• Chapter V — Public Health, Welfare & Safety
  • Section 5.1 — Curfew
  • Section 5.2 — Discharge of Firearms
  • Section 5.3 — Burning Restrictions
  • Section 5.4 — Building Codes, Electrical, Mechanical, Plumbing
  • Section 5.5 — Property Nuisance Conditions
  • Section 5.6 — Noise Restrictions
  • Section 5.7 — Offenses Against Public Peace
  • Section 5.8 — Recreational Marihuana Establishments Repealed by 5.8A
  • Section 5.8A — Commercial Marihuana Establishments Ordinance
  • Section 5.9 — Fireworks
• Chapter VI — Animals
  • Section 6.1 — Dog Control Ordinance
  • Section 6.2 — Cat Ownership Ordinance
  • Section 6.3 — Farm Animals
  • Section 6.4 — Animal Nuisance
  • Section 6.5 — Feeding Wild Animals Violations
• Chapter VII — Miscellaneous
  • Section 7.1 — Skate Boards
  • Section 7.2 — Shipping / Storage Containers
• Chapter VIII — Zoning
  • Section 8.1 — Zoning Table of Contents
  • Section 8.2 — Zoning Provisions
  • Section 8.3 — Zoning Map
• Resolutions
  • 2017 — Resolution adopting distribution of special assessment levy for fire protection
  • 2018 — Resolution regarding medical marihuana facilities licensing act
  • — Resolution waiving penalties for late filing of property transfer Affidavits
  • 2019 — Resolution regarding indemnity of City officer, employees and commissioners
  • 2020 — Resolution regarding fire insurance escrow and withholding
  • 2021 — Resolution Extending Poverty exemptions to 2023 adopted 2-10-21
  • 2021 — Resolution Regarding Permit Fees for Commercial Marihuana Establishments
  • — Resolution setting water rates
  • — Resolution setting sewer rates
  • — Resolution setting garbage collection rates
  • — Resolution setting permit fees

CHARTER of the CITY OF CASPIAN

Iron County, Michigan

The following Caspian City Charter is a combination of that which was adopted by the residents of the City of Caspian at the November 2, 1982 regular election, and numerous amendments adopted by the residents of the City of Caspian on November 3, 2009.

Preamble

We, the electors of the City of Caspian, County of Iron, State of Michigan, pursuant to the authority granted by the Constitution and General Laws of the State of Michigan, in order to obtain the benefits of home rule, of more direct and business like methods in the transaction of municipal affairs and generally to promote civic advancements and welfare do adopt the following charter:

Chapter 1 — Name, Powers, Boundaries

NAME: The name of this organized city is "City of Caspian"

Section 1.1 The City of Caspian shall be and constitute a body politic and corporate under the Constitution and Laws of the State of Michigan.

Powers of the City

Section 1.2 The City shall have all powers, privileges and immunities possible for a city to have under the Constitution and laws of this state as dully and completely as though they were specifically enumerated in this Charter.

Section 1.3 The powers of the City under this Charter shall be construed liberally in favor of the City, and specific mention of particular powers in the Charter shall not be construed as limited in any way the general power stated in this chapter.

Intergovernmental Contracts

Section 1.4 The City shall have power to join with any governmental unit or agency, or with any number or combination thereof by contract, or otherwise as may be permitted by law, to perform jointly or by one or more, for or on behalf of the other or others any power or duty which is permitted to be so performed by law or which is possessed or imposed upon each such governmental unit or agency.

Outside Fire Protection

Section 1.5 In exercise of the powers contained in Section 1.2 herein, the City Commission shall have the right to contract with individuals or governing bodies to furnish fire protection to property outside the corporate limits of the City of Caspian for a fair consideration, if the Commission shall find that the financial intersects of the City are advanced by obtaining payments thereof: and/or that the prosperity of the municipality and its inhabitants is advanced through preventing a conflagration which might spread within the City limits or through protecting from fire, industrial or commercial properties which employ residents of the City of Caspian.

Exercise of Power

Section 1.6 Where no procedure is set forth in this Charter for the exercise of any power granted to or possessed by the City and its officers, resort may be had to the procedure set forth in any statute of the State of Michigan including statues passed for the government of townships. If alternate procedures are to be found in different statutes, then the City Commission shall select that procedure which it deems to be most expeditious and to the best advantage of the City and its inhabitants. Where no procedure for the exercise of any power of the City is set forth, either in this Charter or in any statue of the State of Michigan, the City Commission shall prescribe a reasonable procedure for the exercise thereof by ordinance.

Boundaries

Section 1.7 The boundaries of the City of Caspian shall embrace the following described territory, together with such territory as may from time to time be attached thereto in accordance with the state law.

Said territory includes all of Section one (1) Town forty-two (42) North, Range thirty-five (35) and the West half (W1/2) of the Northwest quarter (NW1/4) and the West half (W1/2) of the Southwest quarter (SW1/4) of Section 6 Town forty-two (42) North, Range thirty-four (34) West and the East half (E1/2) of the Southeast quarter (SE1/4) of Section two (2) Town forty-two (42), Range thirty-five (35) West and containing twenty-two (22) government subdivisions of land of forty acres each, all of them situated in the Township of Stambaugh, Iron County, Michigan.

Chapter 2 — Elections

Qualification of Electors

Section 2.1 The inhabitants of the City of Caspian having the qualifications of electors under the Constitution and statutes of the State of Michigan and no others, shall be electors of the City.

Election Procedures

Section 2.2 The election of all City officers shall be on a non-partisan basis. The general election laws of the State shall apply to and control, as clear as may be to all procedures relating to registration and city elections except as such general laws relate to political parties or partisan procedures and except as otherwise provided in this Charter.

Election Commission

Section 2.3 An election commission is hereby created, consisting of the Clerk, the Mayor and the Treasurer. The Mayor shall be Chairman. The Commission shall have charge of all activities and duties required of it by state law and this Charter relating to the conduct of elections in the City.

The compensation of election personnel shall be determined in advance by the Commission. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed.

Wards and Precincts

Section 2.4 The City of Caspian shall consist of one ward. The Commission shall from time to time establish by ordinance convenient election precincts.

Primaries and Elections

Section 2.5 Primary elections shall be held on the Tuesday following the first Monday in August of each odd numbered year. The primary election, in even numbered years, shall be held on the Tuesday succeeding the first Monday in August, preceding every general November election. If upon the expiration of the time for filing nominating petitions for any election office it appears that petitions have been filed for no more than two times the number of vacancies to be filled at the next city election, then no primary election shall be held in respect to such office and the City Clerk shall publish notice of such fact; provided that city primaries shall be held jointly with the state primaries whenever practicable.

A non-partisan City election shall be held on the first Tuesday after the first Monday of November of each year. Special elections shall be held when called by resolution of the City Commission at least sixty (60) days in advance of such election or when required by the Charter or general laws of the State. Such resolution shall set forth the purpose of the election. No more than two special city elections shall be held in any one calendar year.

Election Notices

Section 2.6 Notice of the time and place of holding any City primary or general election and of the officers to be elected and the questions to be voted upon, shall, except as herein otherwise provided, by given by the Clerk as provided in the state election laws.

Election Hours

Section 2.7 The polls of all elections shall be opened and closed at the time prescribed by the State Law, subject to the right of the Commission to adjust the hours to local time when permitted by statute.

Elective Officers and Terms

Section 2.8 At the election to be held on April 4, 1983, there shall be elected three (3) Commissioners for a term of one year and eight months of whose term will expire at the end of the regular meeting on the second Tuesday of January, 1985. At the election to be held on April 2, 1984, there shall be elected two (2) Commissioners for a term of one year and eight months and whose term will expire at the end of the regular meeting on the second Tuesday of January, 1986. At the regular election to be held in November, 1984, and every two (2) years thereafter, there shall be elected three (3) Commissioners for a two (2) year term. At the regular election to be held in November, 1985, and every two (2) years thereafter, there shall be elected two (2) Commissioners for a two (2) year term.

Each Commission term shall commence at the end of the regular meeting on the second Tuesday of January of the year following the regular election year of each Commission term. Said term shall expire at the end of the regular meeting on the second Tuesday of January two years after the year in which said term commenced.

Nominating Petitions

Section 2.9 Candidates for all elective officers shall be nominated by petitions. Nominating petitions, complying with the requirements of the Michigan Election Law, signed by not less than twenty (20) and not more than thirty (30) of the registered electors of the City shall be filed with the City Clerk not later than four o'clock P.M. on the ninth Tuesday prior to the date of the City primary election. However, if a local primary election is to be held on the same day as any State or County primary election, the last day for local candidates to file nominating petitions shall be the same as the last date to file petitions for state and county officers. Blank petitions shall be provided by the City Clerk and shall be furnished upon request. No person shall sign his name to a greater number of petitions for any City office than there are officers to be filled at the following regular City election. The Clerk shall also be in charge of canvassing the Petitions.

Canvass of Petitions

Section 2.10 The City Clerk shall determine the legality of nominating petitions filed and the necessity of a primary election.

Form of Ballot

Section 2.11 The form, printing and numbering of ballots or the preparation of the voting machine in any city election shall confirm as nearly as many be to that prescribed by the general laws of the state, except that no party designations or emblem shall appear upon any city ballot. The names of qualified nominees for each office shall be listed in a single column, and shall be rotated systematically on the ballots. In all other respects, the printing and numbering of ballots shall conform to the general laws of the state, relating to elections.

Canvass of Votes

Section 2.12 The County Board of Canvassers shall canvass the votes at all elections under this Charter, and shall determine the vote upon all questions and propositions and declare whether the same have been adopted or rejected and what persons have been elected at such election. The candidate or candidates (whether more than one are to be elected to the same office) who shall receive the greatest number of votes shall be declared elected.

Tie Vote

Section 2.13 If, at any City election, there shall be no choice between candidates by reason of two (2) or more persons having received an equal number of votes, then the Board of Canvassers shall name a date for the appearance of such persons for the purpose of determining the nomination or election of such candidates by lot as provided by state law.

Recount

Section 2.14 A recount of the votes cast at any City election for any office, or upon any proposition, may be had in accordance with the general election laws of the state.

Qualification of Elective Officers

Section 2.15 No person shall hold any elective officer under this Charter unless he shall be at least eighteen (18) years of age, qualified elector, a resident to the City and not in default to the City. To hold office, the minimum requirements according to state statute must be met. The commission shall enforce the observance of the above qualifications and its decision shall be subject only to review by the courts.

Oath of Office Required

Section 2.16 Every officer elected or appointed in the City before entering upon the duties of office shall take and subscribe an oath of office. In case of failure to do so, he shall be deemed to have declined the office.

Chapter 3 — Organization

Commission-Manager Government

Section 3.1 The City shall have the Commission-Manager form of government.

The Commission

Section 3.2 The Commission shall consist of five (5) members nominated and elected at large, and shall be vested with all legislative powers of the City except as otherwise provided by State law and this Charter.

Election of Mayor and Mayor-Pro Tem

Section 3.3 The City Commission, shall, at the first meeting of April, 1983, select one of its members to serve as Mayor and one of its members to serve as Mayor-Pro Tem, each to serve for a term of one year but not to exceed two consecutive terms. [Successive selections were similarly prescribed for April 1984, January 1985, and January 1986.] In the event of a vacancy occurring in the office of Mayor, the Commission shall choose one of its members as Mayor at the next regular meeting to serve for the unexpired term. The Mayor-Pro Tem shall act in the absence or disability of the Mayor.

The term of Mayor and Mayor-Pro Tem shall commence upon the selecting of same as provided in this section. Said terms shall expire at the end of the regular meeting held on the second Tuesday of January in the year following the year in which said term commenced.

Recall

Section 3.4 Any elected official may be recalled from office by the electors of the City in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by statute.

Declaring Vacancies in Elective Offices

Section 3.5 Any elective City office shall be declared vacant by the Commission before the expiration of the term of such office:

1. For any reason specified by statute or by this Charter as creating a vacancy in office; or
2. If no person is elected to or qualified for the office at the election at which such office should be filled; or
3. If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter; or
4. In case any member of the Commission shall miss five (5) consecutive regular meetings of the Commission or twenty-five percent (25%) of such meetings in any fiscal year of the City, unless such absence shall be excused by the Commission and the reason therefor entered in its proceeding at the time of each absence.

Bonds Required

Section 3.6 All officers receiving or disbursing City funds shall be bonded in addition to any other positions required by State law. The premiums thereon shall be payable by the City. All official bonds shall be filed with the Clerk, except that the bond of the Clerk shall be filed with the treasurer.

Notice of Election or Appointment

Section 3.7 Notice of the election or appointment of any officer of the City, and of the requirement of any official bond to be given by any officer, shall be given him personally by the City Clerk within two days after election or appointment. If within ten days from the date of notice, such officer shall not take, subscribed and file with the Clerk his oath of office, or shall not execute and file with the Clerk the required bond, such neglect shall be deemed a refusal to serve and the office shall thereupon be deemed vacant, unless the Commission shall extend and time in which such officer may qualify as above set forth.

Compensation of City Commission

Section 3.8 The Mayor and Commissioners shall receive as compensated $10.00 a month for their attendance at City meetings. Attendance at the regular meetings is a prerequisite for the monthly compensation. Commissioners shall be paid an additional $10.00 per month for attendance at meetings other than City meetings if same are actually attended on behalf of the City. Maximum annual compensation to be paid to any Commissioner is $240.00.

Resignation; To Whom Made

Section 3.9 Resignation of elected officers and officers appointed by the Mayor or Commissioner shall be made to the Commission. All other officers shall present their resignations to the City Manager.

Change of Residence

Section 3.10 If any officer required to be a resident of said City shall cease to be a resident thereof during his term of office, the office shall thereby be declared vacated.

Vacancy to be Filled

Section 3.11 Any vacancy occurring in the office of Commissioner or any other elective office shall be filled by appointment by the Commission and such appointee shall hold his office until the next annual city election thereafter, at which election the vacancy shall be filled for the unexpired term.

Sureties Retained

Section 3.12 The resignation or removal of any officer shall not, nor shall the election or appointment of another to the office exonerate such officer or his sureties from any liabilities incurred by him or them.

Delivery of Office

Section 3.13 Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, and sooner on demand, deliver to his successor in office or to his superior all the books, papers, money and effects in his custody as such officer or employee.

Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute. Any employee found guilty of violating this provision by a court of competent jurisdiction may be punished by a fine of not to exceed five hundred dollars ($500) or imprisonment for not to exceed ninety days or both in the discretion of the court.

Change in Term of Office or Compensation

Section 3.14 Except by procedures provided in this Charter, the terms of Office of the elective Officers and of the members of Boards and Commissions appointed for a definite term shall not be shortened. The terms of elective Officers shall not be extended beyond the period for which any such Officer was elected except that an elective Officer shall, after his term has expired, continue to hold office until his successor is elected and his qualified. The Commission shall not grant or authorize extra compensation to any officer or employee after service has been rendered, however this provision shall not prevent the Commission from a "buy out" or other modification of an employment contract with a City employee.

Chapter 4 — Powers and Duties of Mayor

Section 4.1 The Mayor shall be a full voting member of the Commission and shall preside at its meetings and perform such other duties consistent with his office as may be imposed by the Commission. He shall be recognized as the official head of the City by the Courts for the purpose of serving civil process by the Governor for military purposes, for all ceremonial purposes, and for authenticating with his signature such instruments as the Commission, this Charter, or the State or Federal law shall require. At times of public danger or emergency, he may command the assistance of able-bodied citizens to aid in the enforcement of the ordinances of the Commission and exercise within the City the powers conferred upon sheriffs to suppress disordered and riots.

Chapter 5 — Commission-Power, Duties

Allowing Accounts and Claims

Section 5.1 The Commission shall audit and allow all accounts chargeable against the City; but no account or claim or contract shall be received for audit or allowance, unless it shall be accompanied with a certificate of an officer of the City.

Powers to Change Duties

Section 5.2 The Commission shall have power to supplement or change the duties of the Clerk and Treasurer, and to prescribe, change or alter the duties of such other officers, departments of government, or administrative boards as it may from time to time deem necessary for the public good.

January Meeting

Section 5.3 The regular January meeting of the Commission shall be held on the second Tuesday of January. At said meeting, only items of old business shall be acted on. No new business shall be acted on.

Immediately following adjournment of said regular meeting, the reorganizational meeting shall be convened at which time the oaths of office shall be administered to all officials commencing a term. Following the administration of said oaths of office, the Commission shall select a Mayor and Mayor-Pro Tem as provided herein. Upon selection, the Mayor shall preside over the meeting as provided herein. The Commission shall thereafter consider matters pending.

Regular Meetings

Section 5.4 At the first meeting in January of each year, the Commission shall provide by resolution, for the time and place of its regular meetings and shall hold at least one (1) regular meeting each month.

Special Meetings

Section 5.5 Special meetings shall be called by the Clerk on the written request of the Mayor, the City Manager or any two members of the Commission provided a public notice stating the date, time and place of the meeting shall be posted at least eighteen (18) hours before the meeting.

Business at Special Meetings

Section 5.6 No business shall be transacted at any special meeting of the Commission unless the same has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Commission present consent thereto and all the members absent filed their written consent.

Meetings to be Public

Section 5.7 All regular and special meetings of the Commission shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Commission may prescribe except as may otherwise be provided by statute.

Quorum: Majority Vote

Section 5.8 Three members of the Commission shall constitute a quorum for the transaction of business at all meetings of the Commission, but, in the absence of a quorum, two members may adjourn any meeting to a later date. When a quorum is present, the majority vote of those present shall determine an issue.

Right to Compel Attendance

Section 5.9 The Commission may, by vote of not less than two of the members, compel the attendance of its members and other officers of the City at its regular and special meetings and enforce orderly conduct therein. Any member of the Commission or other officer of the City who refuses to attend such meetings or conduct himself in an orderly manner thereat shall be deemed guilty of misconduct in office. The Chief of Police shall serve as sergeant-at-arms of the Commission in the enforcement of the provisions of this section.

Order of Business

Section 5.10 The Commission shall determine its own rules and order of business, and shall keep a journal of its proceedings in the English language, which shall be signed by the Mayor and Clerk. Provided, however that the vote upon all ordinances and resolutions shall be taken by yes and no vote and entered upon the record, except that where the vote is unanimous it shall only be necessary to so state. No member shall vote on any questions in which he has a financial interest (other than the common public interest) or any questions concerning his own official conduct, but on all other questions each member who is present shall vote unless excused by the unanimous consent of the other members present. Provided, further, that any citizen or tax payer shall have access to the minutes and record of all meetings of the Commission at all reasonable times.

Continuance of By-Laws, Ordinance, Etc.

Section 5.11 All by-laws, ordinances, resolutions, rules and regulations of the City of Caspian which are not inconsistent with this Charter and which are in force and effect at the time of the adoption of this Charter shall continue in full force and effect until repealed or amended.

Ordinances and Resolutions

Section 5.12 All official action of the Commission shall be by ordinance or by resolution, motion or order. Action by resolution, motion or order shall be limited to matters required or permitted to be so done by this Charter or by State or Federal law or pertaining to the internal affairs or concerns of the City government. All other acts of the Commission, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a serial number and a short title. Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances enacted by the Commission shall be "The City of Caspian ordains".

Enactment, Amendment, Repeal and Effective Date of Ordinances

Section 5.13 Subject to the exceptions which follow hereafter:

1. Ordinances may be enacted, amended or repealed by the affirmative vote of not less than three (3) members of the Commission.
2. The time when any ordinance shall take effect shall be prescribed therein, which time shall not be less than twenty (20) days from the date of its publication in a paper circulated within the city and by posting in two (2) public places within the city, except emergency ordinances, which may be given immediate effect. No ordinance shall be finally passed on the day it is introduced, except in cases of public emergency. An emergency ordinance shall be defined to be one necessary for the immediate preservation of the public peace, property, health, safety, or providing for the usual daily operation of a department and which contains a statement of its urgency.
3. No ordinance shall be amended by reference to its title only, but the revised sections of the ordinance, as amended, shall be enacted and published as provided in Section 5.13(b). However, an ordinance or section thereof may be repealed by reference to its title and ordinance.

Publication of Ordinances

Section 5.14 Each ordinance passed by the Commission shall be published at least once within fourteen (14) days after its adoption in a newspaper or local circulation in the City. All ordinances and revisions, alterations, or amendments of same shall be recorded by the Clerk in a book to be called "The Ordinance Book", and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon.

Requirements for Competitive Sealed Bids

Section 5.15 The Commission shall be responsible for all transactions exceeding $3,000.00. Sealed bids must be obtained for same if the items or service is available from more than one source. If same is not available from more than one source and therefore competitive bids are not taken, the Commission shall be advised of same and such advisement noted in the minutes. The Commission shall have the right to reject any and all bids. The Commission shall not be bound by the minimum bid and may reject same in favor of a higher bid based on factors such as, but not exclusively, timeliness of delivery, quality of workmanship and the like. The Manager shall be responsible for all purchase transactions of $3,000.00 or less so long as the transaction does not cause a line item budget overrun. The Commission must give prior approval to all proposed expenditures which exceed $3,000.00 and/or will cause a line item budget overrun. However, competitive bids are not required for City attorneys and City auditors.

Contract — How Let

Section 5.16 No contract in excess of the amount requiring competitive bidding in 5.15 hereof, for any City transactions shall be let, until sufficient funds have been appropriated or established and sealed bids for the construction of improvements, doing of such work, or furnishing of such materials or labor have been received by the Commission as specified in 5.15. The Commission may require a bid bond to accompany bids in such amount as the Commission may prescribe.

Any contract or agreement in an amount of $5,000.00 or more made with form or terms other than the standard City purchase order form shall before execution be submitted to an Attorney, and his opinion obtained with respect to its form and legality. A copy of all contracts or agreements requiring such opinion shall be filed in the office of the Clerk together with a copy of the opinion.

No contract shall be amended after the same has been made except upon the authority of the Commission. No compensation shall be paid in any contractor except in accordance with the terms of the contract. No contract shall be made with any person, firm or corporation who is in default of the City.

Official Interest in Contracts

Section 5.17 All City officers or employees shall be governed as to conflicts of interest in the same manner as provided by state law.

Employment Contracts

Section 5.18 The provisions of 5.15, 5.16 and 5.17 shall not apply to contracts for regular employment or for City attorneys, auditors or engineers.

Appointment of Administrative Officers

Section 5.19 The Commission shall have sole authority for appointment and termination of administrative officers and for the employment and termination of attorneys and auditors and engineers.

Personal Property

Section 5.20 The City Manager shall have the power and authority to lease or sell any of the excess personal property of the City with a fair market value of less than $3,000.00. For the sale or lease of such property with value less than $500.00 the Manager must post the offer to sell or lease and request bids for two (2) weeks at the City Hall and another public place within the City.

If the property has a fair market value of $500.00 but less than $3,000.00, the offer to sell or lease and request for bids must be published at least twice in the local newspaper.

If the property is valued at $3,000.00 or more, its sale or lease shall be made only with the approval of the Commission after two (2) newspaper publications of the offer to sell or lease and request for bids.

All sales or leases shall be to the highest bidder. If no bids are received the sale or lease price may be negotiated by the Manager.

Chapter 6 — Administrative Services

Administrative Officers

Section 6.1 The Manager, Clerk, Treasurer, Assessor, Chief-Of-Police, Chief of the Fire Department, Members of City Boards and others which the Commission may designate as administrative officers from time to time, by specific reference to this Chapter and Section, shall be considered administrative officers and the only administrative officer of the City. All agents and other persons in the employ of the City, except elected officials, are deemed to be employees of the City, except independent contractors.

Unless the Commission, by its appointment specifically designated to the contrary, the Manager shall be the Clerk.

Functions of City Manager

Section 6.2 The City Manager shall be the Chief Administrative Officer of the City. He shall be appointment by the Commission on the basis of his education, executive and administrative qualifications and experience.

No member of the Commission shall be eligible for appointment as a Manager until six (6) Months subsequent to the termination of his service on the Commission.

Section 6.3 The City Manager hall function as the purchasing agent for the City, and shall make all purchases of supplies for the City, subject to such limitations as the Commission may prescribe.

Further Functions of the City Manager

Section 6.4 The City Manager shall have the following further functions:

1. To see that all laws and ordinances are enforced.
2. Except as provided herein as within the authority of the Commission, the Manager shall have sole authority and responsibility for employment and discharge from employment of all persons including independent contractors.
3. To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed.
4. To attend all meetings of the Commission with the right to take part in discussions, but without the right to vote.
5. To be a member, ex officio, of all committees of the Commission.
6. To manage and supervise all public improvements works and undertakings of the City.
7. To prepare and administer the annual budget under policies formulated by the Commission and keep the Commission fully advised at all times as to the financial conditions and needs of the City.
8. To recommend to the Commission for adoption such measures as he may deem necessary or expedient.
9. To be responsible to the Commission for the efficient administration of all departments of the City government.
10. To assume all the duties and responsibilities as personnel director of all City employees or delegate such duties to some other officer or employees of the City. No such delegation shall relieve him of any responsibility for the proper conduct of such duties.
11. To exercise and perform all administrative functions of the city that are not imposed by this Charter or any city ordinance upon some other official.
12. To perform such other duties as may be prescribed by this Charter or as may be required of him by ordinance or by direction of the Commission.
13. The Manager shall obtain sealed bids for all transactions requiring same as provided in Chapter 5, Section 14.

City Clerk

Section 6.5

1. The Clerk shall be Clerk of the Commission. He shall attend the meetings of the Commission and shall keep a permanent journal in the English language of its proceedings. He shall keep a record of all ordinances, resolutions and regulations of the Commission.
2. He shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal and shall attest the same. He shall also be custodian of all papers, documents, and records pertaining to the City of Caspian, the custody of which is not otherwise provided for. He shall give to the proper department officials, ample notice of the expiration or termination of any franchises, contracts or agreements.
3. He shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose, by the provisions of this Charter, or as prescribed by state law and shall accept any petitions which substantially comply with the petition forms required by state law.
4. He shall certify by his signature all ordinances and resolutions enacted or passed by the Commission and perform any other duties required of him by state law, this Charter or by the Commission.
5. He shall have power to administer oaths of office.
6. He shall perform such other duties as may be prescribed for him by this Charter or by the Commission.
7. The Clerk shall keep books of account of the receipts and expenditures of the City. The system of accounts of the City shall conform to such uniform systems as may be required by law. All the books of account of the City shall be balanced at the end of each calendar month, and a report made thereon to the Commission.

City Treasurer

Section 6.7

1. The Treasurer shall have the custody of all moneys of the City, the Clerk's bond, and all evidences of value belonging to the City or held in trust by the City.
2. He shall receive all moneys belonging to and receivable by the City, that may be collected by any officials or employees of the City, including license fees, taxes, assessments, utility charges and all other charges belonging to and payable to the City, and shall in all cases give a receipt therefor.
3. He shall keep and deposit all moneys or funds in such manner and only in such places as the Commission may determine and shall report the same in detail to the Clerk.
4. He shall have such powers, duties and prerogatives in regard to the collection and custody of state, county and school district and City taxes and moneys as are conferred by law to enforce the collection of state, county and school district and City taxes upon real and personal property.
5. He shall perform such other duties as may be prescribed for him by state or federal law, this Charter, or by the City Manager or City Commission.

City Assessor

Section 6.8 The City Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon, assessing officers by the general laws of the state. He shall make and prepare all regular and special assessment rolls in the manner prescribed by this Charter and the general laws of the state. He shall perform such other duties as may be prescribed for him in this Charter or by the Commission.

Police Department

Section 6.9

1. The Commission shall provide for and establish a Police force.
2. The Chief of Police shall be subject to the direction of the City Manager and shall keep a permanent record to be furnished by the City, of all arrests and the cause thereof, and shall enter therein, within twenty-four (24) hours after any person shall be arrested, the name of the person so arrested, and if discharged without being taken before a court, the reason for such discharge, and if tried, the result of such trial and punishment inflicted and amount of fines and costs, if any paid, and name of the judicial officer before whom such person was tried, which record shall be the property of the City. He shall report in writing and on oath to the Commission at their first meeting in each month, all arrests made by him. All moneys collected or received by the Chief, unless otherwise directed by this Charter, shall be paid into the City treasury.

Fire Department

Section 6.10 The Commission shall have power to provide for the equipment, maintenance, and the training of a Fire Department, and to enact such ordinances and establish and enforce such regulations as they shall deem necessary to guard against the occurrence of fires, and to protect the property and the persons of the citizens against damage and accidents resulting therefrom; and to establish rules and regulations for the firemen and officers of the department, and for the care and management of the engines, apparatus, property and buildings pertaining to the Department.

Fire Chief

Section 6.11 The Chief of the Fire Department shall be subject to the direction of the City Manager, and shall have the supervision and the direction of the department, the care and management of fire engines, apparatus and property. Excluding the regular employees in the Fire Department, the Fire Department shall consist of a Volunteer Fire Department to number not less than twenty (20) members and not to exceed twenty-five (25) members. The Commission shall have the power to order the Volunteer Fire Department to increase its membership to more than 25 if it so deems necessary for the welfare of the public.

The Volunteer Fire Department shall make its own rules and regulations for its internal government, and shall choose one of its own members as Chief, subject to the approval of the City Commission.

City Attorneys, Auditors and Engineers

Section 6.12 The City attorneys, auditors and engineers shall serve as independent contractors for the City and not as Officers or employees. The City attorneys, auditors and engineers shall function on behalf of the City at the direction of the Commission.

Addition of Offices and Departments

Section 6.13 The Commission may create additional administrative offices and departments in any manner it deems necessary for the proper operation of the government and may prescribe the duties thereof.

Compensation of Employees and Officers

Section 6.14 The Compensation for the City Manager, City attorneys, auditors, engineers, and independent contractors shall be set from time to time by the Commission. The Manager shall set from time to time, the compensation of all other Officers and employees. All compensation shall be set within the limits of budget appropriations.

Termination of Officers

Section 6.15 Appointed City officers may be removed by a majority vote of the members of the Commission, except no appointed officer who has been in the service of the City for one (1) or more years prior to a regular City election shall be removed within the ninety (90) days subsequent to such election unless by a four-fifths vote of the members of the Commission. At least thirty (30) days before removal of an appointed officer the Commission shall adopt a resolution stating its intention to remove him and the reasons therefore, a copy of which shall be served forthwith on this appointed officer. Upon passage of a resolution stating the Commission's intention to remove the appointed officer, the appointed officer may, within ten (10) days demand a public hearing before the Commission and the removal shall not be effective until after the hearing is held. The Commission may suspend him from duty, but his pay shall continue until his removal.

Chapter 7 — Budget Procedure

City Manager to Present Budget

Section 7.1 At the first regular Commission meeting in May, or prior thereto, the City Manager shall prepare and submit to the Commission a budget document covering the next fiscal year, which shall include, but not exclusively, at least the following information:

1. Expenditure date for the most recently completed fiscal year and estimated expenditures for the current fiscal year.
2. An estimate of the expenditure amounts required to conduct, in the ensuring fiscal year, the government of the city, including its budgetary centers.
3. Revenue date for the most recently completed fiscal year and estimated revenues for the current fiscal year.
4. An estimate of the revenues, by source of revenue, to be raised or received by the City in the ensuring fiscal year.
5. The amount of surplus or deficit that has accumulated from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year. The inclusion of the amount of an authorized debt obligation to fund a deficit shall be sufficient to satisfy the requirement of funding the amount of a deficit estimated under this subsection.
6. An estimate of the amounts needed for deficiency, contingent, or emergency purposes, and the amounts needed to pay and to discharge the principal and interest of debt of the City due in the ensuing fiscal year.
7. The amount of proposed capital outlay expenditures, except those financed by enterprise, public improvement or building and site, or special assessment funds, including the estimated total cost and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget.
8. An informational summary of projected revenues and expenditures of any special assessment funds, public improvement or building and site funds, intragovernmental service funds, or enterprise funds, including the estimated total cost and proposed method of financing each capital construction project, and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget.
9. Other data relating to fiscal conditions that the City Manager considers to be useful in considering the financial needs of the City.
10. Any additional information that may be required by state law.

Budget Hearing

Section 7.2 A public hearing on the proposed budget shall be held before its final adoption at such time and place as the Commission shall direct. Notice of such public hearing, a summary of the proposed budget and notice that the proposed budget is on file in the office of the Clerk, shall be published at least one (1) week in advance of the hearing. The complete proposed budget shall be on file for public inspection during office hours at the office of the Clerk for a period of not less than one (1) week prior to such public hearing.

Adoption of Budget

Section 7.3 Not later than the third Monday in May, the Commission shall, by resolution, adopt a budget for the next fiscal year and shall appropriate the money needed for municipal purposes during the next fiscal year of the City, and shall provide for a levy of the amount necessary to be raised by taxes upon real and personal property for municipal purposes subject to the limitation contained in Section 8.3 of this Charter.

Additional Contents of Annual Appropriation Bill

Section 7.4 The Annual Appropriation Bill shall also contain, under the heading "Special Assessments" the amount of all special assessments finally returned by the Treasurer as "unpaid"; and which are to be reassessed in the next general tax roll of the City.

Budget Control

Section 7.5 Except for purposes which are to be financed by a method not requiring a budget appropriation, no money shall be drawn from the treasury of the City without an appropriation thereof, nor shall any obligation for the expenditure of money by incurred without an appropriation covering all payments which will be due under such obligation in the current fiscal year. The Commission may transfer any unencumbered appropriation balance or any portion thereof, from one department, fund or agency to another. In the case of emergency arising from fire, flood or other calamity, the Commission may make additional appropriations to cover unanticipated expenditures required of the City because of such emergency. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert to the general fund.

At the beginning of each quarterly period during the fiscal year, and more often, if required by the Commission, the officer responsible for the maintenance of the City accounting system shall review estimated and actual revenues and expenditures to date; and if it shall appear that the revenues are less than anticipated, the Commission may reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the revenues.

Clerk to Certify Tax Levy

Section 7.6 Within three (3) days after the Commission has adopted the budget for the ensuring year, the Clerk shall certify to the Assessor the total amount which the Commission determines shall be raised by general tax. He shall also certify all amounts of current or delinquent special assessments and all other amounts which the Commission requires to be assessed, reassessed or charged upon any property or against any person.

Chapter 8 — Taxation

Fiscal Year

Section 8.1 The fiscal year of the City shall end with the last day in June of each year.

Right to Assess and Levy Taxes, Etc.

Section 8.2 In order to carry out the purposes, powers and duties of the City Government established by this Charter, the City may assess, levy and collect taxes, rents, tolls and excises. The subjects of taxation for municipal purposes will be the same as for state, county and school purposes under the general law.

Tax Limit

Section 8.3 Exclusive of any levies authorized by statute to be made beyond Charter tax rate limitations, such annual levy shall not exceed two percent (2%) of the assessed value of all real and personal property subject to taxation in the City.

Assessment of Taxes

Section 8.4 After the last day for the meeting of the Board of Review, the Assessor shall prepare a copy of the assessment roll to be known as the "City Tax Roll", and upon receipt of the information as to the several amounts to be raised for City taxes, special assessments and other purposes, the Assessor shall proceed forthwith to spread upon said tax roll the several amounts of the general City tax according to, and in proportion to, the several valuation set forth in said assessment roll and also any other amounts determined by the Council to be charged, assessed or reassessed against persons of property.

The Assessor shall assess the taxes for state, county and school purposes apportioned to the City upon a roll to be known as "State, County and School Tax Roll", and the City shall be considered the same as a township for the purposes of assessing and collecting such taxes, and all provisions of statute relative to the collection of and accounting therefor shall apply.

The Assessor shall also upon the State, County and School Tax Roll reassess in a separate column all City taxes and special assessments not paid on the first day of October next following the levy of such City taxes and special assessments, together with interest thereon at four percent (4%) placing said interest in a separate column headed "Penalty", and said penalty shall thereafter be treated in all respects as an item of taxes; and if such taxes and penalties remain unpaid to the Treasurer, the same shall be returned certified by the Mayor.

For the purpose of collecting said state, county and school taxes, the Treasurer shall perform the same duties and have the same powers as Township Treasurers under statute.

Tax Roll Certified for Collection

Section 8.5 Within three (3) days after the Commission has adopted the budget for the ensuing year, The Clerk shall certify to the Assessor the total amount which the Commission determines shall be raised by general ad valorem tax. He shall also certify all amounts which the Commission requires to be assessed, reassessed or charged upon any property or against any person.

Tax Lien

Section 8.6 On July 1, the amounts assessed on any interest in real property shall become a lien upon such real property for such amounts and of all interest and charges thereon and all personal taxes shall become a first lien on all personal property of such persons so assessed. Such lien shall take precedence over all other claims, encumbrances and liens to the extent provided by statute and shall continue until such taxes, interest and charges are paid.

Tax Due; Notification Thereof

Section 8.7 City taxes shall be due on the first day of July. The Treasurer shall not be required to call upon the persons named in the City tax roll, nor to make personal demand for the payment of taxes, but he shall publish, between June 15 and July 11, notice of the time when said taxes will be due for collection and the penalties for late payment of same.

Failure on the part of the Treasurer to give said notice shall not invalidate the taxes on said tax roll nor release the person or property assessed from the penalty provided in this chapter in case of non-payment of same.

Collection Fees

Section 8.8 All taxes paid on or before September 1 of each year may be collected by the Treasurer without collection fee. On September 1, the Treasurer shall add to all taxes paid thereafter, a collection fee of six percent (6%) of the amount of said taxes. Such collection fee shall belong to the City and constitute a charge and shall be a lien against the property to which the taxes themselves apply, collectable in the same manner as the taxes to which they are added.

Failure or Refusal to Pay

Section 8.9 If any person, firm or corporation shall neglect or refuse to pay any tax assessed to him, the Treasurer shall collect the same by seizing the personal property of such person, firm or corporation, to an amount sufficient to pay such tax, fees and charges for subsequent sale, wherever the same may be found in the state, and from which seizure, no property shall be exempt. He may sell the property seized to an amount sufficient to pay the taxes and all charges in accordance with statutory provisions. The Treasurer may, if otherwise unable to collect a tax on personal property, sue the person, firm or corporation to whom it is assessed in accordance with statute.

Return of Tax Roll to County Treasurer

Section 8.10 On the first day of March, following the due date thereof, the Treasurer shall return all unpaid taxes and assessments on real property to the Treasurer of Iron County in the manner as prescribed by state law. The taxes and assessments thus returned shall be collected in the same manner as other taxes returned to such Treasurer are collected under the provisions of the general tax laws of the state, as the same now or hereafter may exist, and the same rate of interest and the same amount of charges shall be collected thereon, and all taxes and assessments upon lands so returned upon lands as delinquent, shall be and remain a lien thereon until paid.

Application of State Laws to Tax Collections

Section 8.11 For the purpose of assessing taxes in the City for state, county and school purposes, the City shall be considered the same as a Township, and all provisions of state law relative to the collection of such taxes and the fees to be paid therefore, the accounting therefore to the appropriate taxing units, and the returning of property to the County Treasurer for non-payment thereof shall apply to the performance thereof by the Treasurer, who shall perform the same duties and have the same powers as Township Treasurers under state law.

Limitation on Special Tax Voted

Section 8.12 Should any amount of money be required in any fiscal year for any public City purpose greater than the amount provided by the Annual Appropriation Bill and the Commission deems it advisable to raise the same by tax rather than by the issue of bonds, such amount of money may be raised by tax if authorized by the affirmative vote of the majority of the qualified electors of the City voting thereon at an annual or special City election; provided that such tax, together with the general taxes provided in the Annual Appropriation Bill and all other taxes voted during the same fiscal year under the provisions of this section, shall not exceed the statutory limitations as they do not or shall hereafter exist.

Election to Vote Special Tax

Section 8.13 The provisions of the Charter insofar as the same are applicable, shall control the calling and the holding of an election to vote upon such special tax.

Assessor to Spread Special Tax

Section 8.14 At its first regular meeting following the canvass of the results of such election, the Commission shall order the Assessor to spread the special tax in full upon a special tax roll in the same manner in which he spreads the annual City taxes upon the annual City tax roll; and shall direct the Treasurer in a like manner to collect such special tax within twenty (20) days of the due date of such special tax, which due date shall correspond to the first day of which Treasurer is authorized to collect such special tax.

Treasurer's Powers and Duties; Special Tax Collection

Section 8.15 The treasurer shall possess the same powers and perform the same duties in the collection of a tax specially voted as he does in the collection of the annual City tax.

Chapter 9 — Special Assessments

General Power Relative to Special Assessments

Section 9.1 The Commission shall have the power to determine that the whole or any part of the expense of any public improvement be defrayed by special assessment upon the property specially benefitted upon petition in the discretion of the Commission provided that all special assessments levied shall be based upon or be in proportion to the benefits derived or to be derived. Such resolution or ordinance shall state the estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessments, and what part, if any, shall be a general obligation of the City, and the number of installments in which assessments may be paid, and shall designated the districts or land and premises upon which special assessments shall be levied.

Petitions — Contents

Section 9.2 At its first regular meeting thereafter, the Manager shall present to the Commission such petition, and the Commission shall proceed to investigate the sufficiency thereof, and if sufficient and in compliance with this Charter, the Commission shall so determine by resolution, whereupon the right action may be taken as it provided by Section 9.1.

Sufficiency of Petition

Section 9.3 At its first regular meeting thereafter, the Manager shall present to the Commission such petition, and the Commission shall proceed to investigate the sufficiency thereof, and if sufficient and in compliance with this Chapter, the Commission shall so determine by resolution, whereupon the right action may be taken as is provided by Section 9.1.

Estimates to be Made

Section 9.4 Before ordering any improvements or repairs, any part of the expense of which is to be defrayed by special assessment, the Commission shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable of the locality to be improved, and deposit the same with the Manager for public examination and shall give notice thereof by posting written notices in six (6) conspicuous places in the City at least two (2) weeks prior to the time the Commission shall meet to consider objections thereto, or by publication of said notice at least one time two (2) weeks prior to such meeting in a newspaper published or circulated in the City. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessment and construction. No such improvement or work shall be ordered unless by concurrent vote of four (4) members of the Commission. Special assessments shall be levied for the estimated cost of such improvement before the making of such improvement.

Direction to Assessor

Section 9.5 When any special assessment has been ordered, the Commission shall be resolution direct the same to the Assessor and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots of premises or locality constituting the district to be assessed.

Preparation of Assessment Roll

Section 9.6 Upon receiving such order or directions, the Assessor shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed with the names of the person, if known, chargeable with the assessments thereon, and shall levy thereon and against such property the amount to be assessed in the manner directed by the Commission and the provisions of this Charter applicable to the Assessment.

Assessment by Frontage or Benefit

Section 9.7 Such assessment may be either according to frontage or benefits: If the assessment is required to be according to frontage, the Assessor shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, provided, if by reason of the shape or size of any lot or parcel, such assessment may be inequitable, the relative frontage may be charged to meet such conditions. If the assessment is directed to be according to benefits, the Assessor shall assess upon each lot or parcel of land or premises such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from such improvement. When the Assessor shall have completed the assessment, he shall report the same to the Commission, such report being in the form of a certificate dated and signed by him and endorsed on the assessment roll.

Adoption of Assessment — Notices

Section 9.8 When any special assessment shall be reported by the Assessor to the Commission, as herein before directed, the same shall be filed in the office of the City Manager. Before adopting such assessment, the Commission shall cause notice to be given at least ten (10) days prior to the time when the Commission shall meet, by causing said notice to be published in some newspaper circulated in the City, which notice shall also appoint the time and place when and where the Commission and Assessor shall meet to review said special assessment. Any person objecting to the assessment may file his objections thereto in writing with the Manager. The notice provided for in this section may also be sent by first class mail to all property owners in the proposed district as shown upon either the special assessment roll or current assessment roll or the City and to all other persons interested therein.

Special Assessment Powers

Section 9.9 The Commission shall, in the exercise of its powers of special assessment, have power to provide for the following, but this list shall not be exclusive:

1. For the payment of special assessments in annual installments not to exceed fifteen (15) in number, the first such installment to be due either upon confirmation of the special assessment roll or on the following July 1 of succeeding years and to be placed upon the annual City tax roll, and for an interest charge until the due date of each such deferred installment not to exceed prevailing rate per year, subject to the right of advance payment of any such installment with interest only to the date of payment;
2. For making additional pro rata assessments when any special assessment roll proves insufficient to pay for the improvement for which it was levied and the expenses incident thereto, provided that the additional pro rata assessment shall not exceed twenty-five percent (25%) of the assessment as originally confirmed unless a meeting of the Commission be held to review such additional assessment, for which meeting notices shall be given as provided in the case of review of the original special assessment roll.
3. To Construct, establish and extend facilities for the storage and parking of vehicles within its incorporate limits as a public improvement.
4. To install a boulevard lighting system on any street and finance the same in whole or in part by special assessment upon land abutting thereon.
5. To install and connect sewers and waterworks on and to property within the City.

Assessment for Sidewalks or Abatement of Hazards or Nuisances

Section 9.10 The assessment for the cost of the construction or maintenance of any sidewalk or the abatement of any hazard or nuisance, shall be made by resolution of the Commission. Notice of the time at which the Commission will act thereon shall be given by first class mail to the owners of the property to be assessed as shown by the current tax roll of the City. For the purposes of collection of such assessment, the adoption of such resolution shall be equivalent to the confirmation of a special assessment and shall become a debt due to the City upon adoption of such resolution, by payable and subject to the collection fees and shall become a lien, all as provided in Section 9.12. Every such assessment shall also be subject to Section 9.11 and 9.13.

Correction of Invalid Special Assessment

Section 9.11 Whenever any special assessment shall, in the opinion of the Commission, be invalid by reason of irregularity or informality in the proceedings, or if any Court of competent jurisdiction shall adjudge such assessment to be illegal, the Commission shall, whether the improvement has been made or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum of part thereof levied upon any property in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment, or if the payments exceed the amount of the reassessment refunds shall be made.

No judgment or decree nor any act of the Commission vacating a special assessment shall destroy or impair the lien of the City upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by regular mode of proceeding might have been lawfully assessed thereupon.

Collection of Special Assessments

Section 9.12 Upon the confirmation of each special assessment roll, the special assessments shall become a debt to the City from the persons to whom they are assessed and shall, until paid, be a lien upon the property assessed for the amount of such assessment and all interest and charges thereon. Such lien shall be of the same character and effect as created by this Charter for City taxes. Such assessments shall become due upon confirmation of the special assessment roll except as may be provided by the Commission pursuant to 9.9(a).

Each special assessment, or each installment of such assessment when installment payments are provided for, shall be collected by the Treasurer without collection fee for a period ending on the last day of the second month following the due date of such assessment or installment. On the first day of the third month following each such due date, the Treasurer shall add to all assessments or installments paid thereafter a collection fee of three percent (3%) of the amount of the assessment. All collection fees shall belong to the City and be collected in the same manner as the collection fee on City taxes.

Special assessments, or installments thereof, which become due on July 1 of any year, shall be collected in all respects as are City taxes due on such date and if uncollected on the following first day of March, shall be returned to the County Treasurer with unpaid taxes as provided in Section 8.11.

Special assessments which become due other than on July 1 shall, if unpaid for ninety (90) days or more on May 1 of any year be certified as delinquent to the Commission by the Treasurer and the Commission shall place such delinquent assessments on the tax roll for that year together with accrued collection fees to July 1 of such year. The total amount of such assessment and fees shall thereafter be collected in all respects as are City taxes due on July 1 of that year, and such total amount shall be subject to the same fees and penalties as are City taxes due on that date, and if uncollected on the following first day of March, shall be returned to the County Treasurer with unpaid taxes as provided in Section 8.11.

Special Assessment Accounts

Section 9.13 Except as otherwise provided in this Charter, moneys raised by special assessment for any public improvement shall be segregated in a special fund or account and may be used only to pay for the costs of the improvement for which the assessment was levied and expenses incidental thereto or to repay any money borrowed therefore.

Contested Assessments

Section 9.14 No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoying the collection of any special assessment (a) unless within thirty (30) days after the confirmation of the special assessment roll, written notice is given to the Commission of intention to file such suit or action stating the grounds on which it is claimed such assessment is illegal, and (b) unless such suit or action shall be commenced within sixty (60) days after confirmation of the roll.

Disposition of Excessive Special Assessment

Section 9.15 The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto, may be placed in the general fund of the City if such excess is five percent (5%) or less of the assessment, but should the assessment prove larger than necessary by more than five percent (5%), the entire excess shall be refunded on a pro rata basis to the owners of the property assessed. Such refund shall be made by credit against future unpaid installments to the extent such installment refunds may be made which contravene the provisions of any outstanding evidence of indebtedness secured in whole or part by such special assessment.

No Land Exempt

Section 9.16 No lands in the City of Caspian, regardless of use which may be made thereof, shall be exempt from special assessments as in this chapter provided.

Chapter 10 — Board of Review

Board of Review: Duties, Etc.

Section 10.1 The Board of Review, the duties of which Board shall be to review the annual assessment roll of the City and to hear the objections of all persons deeming themselves aggrieved by the assessment in such rolls made against them. The Board of Review shall be composed of three (3) freeholders of the City who meet the eligibility requirements for elective office of the City and who, during that term of office, shall not be City officers or employees or be nominees or candidates for elective City office. The members shall be appointed by the City Commission and the City Treasurer shall be the Clerk of the Board but a non-voting member. The members of the Board of Review shall appoint its own chairman.

Meetings of Board of Review

Section 10.2 The Board of Review shall convene on the Tuesday next following the first Monday in March to review and correct the assessment roll as provided by statute, and shall remain in session for not less than one (1) day. Whenever the Board of Review makes a change in the assessment of property or adds property to the assessment roll, the person chargeable with such assessment shall be promptly notified by first class mail in a manner as will assure him opportunity to attend the second meeting of the Board of Review which shall be on the second Monday in March at 9:00 A.M. and shall continue in session until all interested persons have had an opportunity to be heard. Notice of the date, time and place of the meetings of the Board of Review shall be given at least two (2) weeks prior to such meetings by publication in a newspaper of general circulation.

Duties and Functions of Board of Review

Section 10.3 For the purpose of revising and correcting assessments, the Board of Review shall have the same powers and perform like duties in all respects as are by the general tax laws conferred upon and required of boards of review in townships, except as otherwise provided in this Charter. It shall hear the complaints of all persons considering themselves aggrieved by assessments, and if it shall appear that any person or property has been wrongfully assessed or appear that any person or property has been omitted from the roll, the Board shall correct the roll in such manner as it deems just. In all cases the roll shall be reviewed according to the facts existing on the tax day and no change of the status of any property after said day shall be considered by the Board in making its decisions. Except as otherwise provided by statute, no person other than the Board of Review shall make or authorize any change upon, or additions or corrections to, the assessment roll. It shall be the duty of the Assessor to keep a permanent record of all proceedings and to enter therein all resolutions and decisions of the Board.

Endorsement of Roll

Section 10.4 After the Board of Review has completed its review of the assessment roll and not later than the first Monday in April, the majority of its members shall endorse thereon and sign a statement to the effect that the same is the assessment roll of the City for the year in which it has been prepared. The omission of such endorsement shall not affect the validity of such roll.

Assessment Roll Conclusively Valid

Section 10.5 Such assessment roll so made shall be conclusively presumed by all courts and tribunals to be valid and shall not be set aside except for causes mentions in the general laws of the state relating to the assessment of property and levying and collection of taxes thereon. The omission of the endorsement required by the preceding section shall not affect the validity of such roll.

Chapter 11 — Depositories, Audit

Designation of Depositories

Section 11.1 The Commission shall designate a depository or depositories for City funds, and shall provide for the regular deposit of all City moneys. The Commission shall provide for such security for City deposits as is authorized or permitted by the general laws of the state, except that personal surety bonds shall not be deemed proper security.

Audit

Section 11.2 An independent audit, by a Certified Public Accountant shall be made of all financial records, accounts and procedures of the City government deemed as necessary by the Commission but not less frequently than required by state law.

The City Manager shall prepare an annual report of the City business and same shall be made available to the public by the City Manager in such form as will disclose pertinent facts concerning the activities and finances of the City government.

Chapter 12 — Sale or Lease of Real Property

Power

Section 12.1 The Commission shall have full power and authority to lease or sell any of the real property of the City, except those properties, the sale of which state law requires approval by a majority vote of the electors of the City. However, such lease or sale shall require advertisement for competitive sealed bids for same. The City, if it deems to do so, shall lease or sell to the highest bidder. Should the City so advertise and receive no bids, the Commission may negotiate such lease or sale.

Chapter 13 — Utilities, Improvements, Borrowing Powers

Powers Reserved by City

Section 13.1 The City shall possess and hereby reserves to itself all the powers granted the cities by the Constitution and general laws of the State of Michigan, to acquire, construct, own, operate, improve, enlarge, extend, repair and maintain either within or without its corporate limits, including, but not by the way of limitation, public utilities for supplying water, light, heat, power, gas, sewage treatment and garbage disposal facilities and projects for the housing of its citizens, or any of them to the municipality and the inhabitants thereof; and also to sell and deliver water, light, heat, power, gas, and other public utility services without its corporate limits to any amount not to exceed limitations set by state law and the Constitution. The City may also acquire, own, improve, maintain, construct and operate parks, boulevards, cemeteries, hospitals, alms-houses, trunk sewers and plants necessary for the disposal of sewage and garbage and all other works which involve the public health and safety, and also any land necessary for such improvements, or for use in connection with any other public purpose.

Power to Acquire Public Utilities

Section 13.2 The City shall have no power to acquire any public utilities unless the proposition to acquire such utility shall have first received an affirmative vote of three-fifths of the electors of the City voting thereon at any regular, special or municipal election; provided, however, that only those works, improvements and utilities designed for use for the supplying of water, heat, light and power transportation to the municipality and the inhabitants thereof, shall be deemed public utilities falling within the restriction of this section.

The question of raising the money required for such purpose by borrowing and issuing the bonds of the City, may be submitted at the same time either as an independent question or as part of the same questions.

Management of Municipally Owned or Operated Utilities

Section 13.3 Each municipally owned or operated utility shall be administered as a regular department of the City government under the management and supervision of the City Manager.

Power to Fix Utility Rates, Etc.

Section 13.4 The Commission shall have the power to fix, from time to time, such just and equitable rates as may be deemed advisable for supplying the inhabitants of the City with such utility services as the City may provide. Higher rates may be charged for services outside the City limits.

Ordinance to Collect Utility Rates, Etc.

Section 13.5 The Commission shall provide, by ordinance, for the collection of all public utility charges made by the City. With respect to water and sewer, the City shall have all the power granted to Cities by Act 178 of the Public Acts of 1939, as amended. When any person or persons or any firm or corporation shall fail or refuse to pay to the City any sums due on utility bills, service or services upon which such delinquency exists may be shut off or discontinued and suit may be instituted by the City for the collection of the same in any court of competent jurisdiction. In addition, the City shall have as security for the collection of such utility rates and charges a lien upon the real property supplied by such utility, which lien shall become effective immediately upon the supplying of such utility service and shall be enforced in the manner provided in such ordinance.

Utility Accounts to be Separate

Section 13.6 Separate accounts, distinct from any other City accounts shall be kept for each public utility owned or operated by the City in such manner as to show the true and complete financial results of such City ownership or operation, or both, including all assets, liabilities, revenues and expenses.

Power to Sell, Exchange or Lease

Section 13.7 The City shall not have power to sell, exchange, lease or in any way alien or dispose of the property, easements, income, or other equipment, privilege or asset belonging to and appertaining to any utility, which is not operated out of the general fund of the City, which it may acquire, unless the proposition for such purpose shall first have been submitted, at an election held for that purpose in the manner provided in this Charter, to the electors of the City and approved by them by a three-fifths majority vote of those voting thereon.

The restrictions of this section shall not apply to the sale or exchange of any articles of machinery or requirement of any City owned public utility which are worn out or useless or which have been, or could with advantage to the service be, replaced by new and improved machinery or requirement, to the leasing of property not necessary for the operation of the utility, or to the exchange of property or easements for other needed property or easements.

General Borrowing

Section 13.8 Subject to the applicable provisions of state law and this Charter, the Commission by proper ordinance or resolution may authorize the borrowing of money for any purpose within the scope of the powers vested in the City and the issuance of bonds of the City or other evidences of indebtedness therefore, and may pledge the full faith, credit and resources of the City for the payment of the obligation created therefor.

Special Assessment Bonds

Section 13.9 The Commission shall, subject to the applicable provisions of the general laws of the State, have authority to borrow money in anticipation of the payment of special assessments made for the purpose of defraying the cost of any public improvement, or in anticipation of the payment of any combination of such special assessments, and to issue bonds therefor. Such special assessment bonds may be an obligation of the special assessment district or districts, or may be both an obligation of the special assessment district or districts and a general obligation of the City. All collections on each special assessment roll or combination of rolls shall be set apart in a separate fund for the payment of the principal and interest of the bonds issued in anticipation of the payment of such special assessment, and shall be used for no other purpose.

Other Bonds

Section 13.10 The City Commission shall have power to issue revenue or other types of bonds in the manner and for the purposes permitted by the Constitution and general laws of the State of Michigan.

Preparation and Record

Section 13.11 Each bond, or other evidence of indebtedness, shall contain on its face a statement specifying the purpose for which the same is issued, and it shall be unlawful for any officer of the City to use the proceeds thereof for any other purpose, and any officer who shall violate this provision shall be deemed guilty of misconduct in office. All bonds and other evidence of indebtedness issued by the City shall be signed by the Mayor and countersigned by the Clerk, under the seal of the City. Interest coupons may be executed with the facsimile signatures of the Mayor and Clerk. A complete detailed record of all bonds and other evidence of indebtedness, the same shall be marked "cancelled".

Unissued Bonds

Section 13.12 No unissued bonds of the City shall be issued or sold to secure funds for any purpose other than that for which they were specifically authorized, and if any such bonds are not sold within three (3) years after authorization, such authorization shall, as to such bonds, be null and void, and such bonds shall be cancelled.

Chapter 14 — Franchises, Regulation of Utilities, Lease

Franchises and Leases Remain in Effect

Section 14.1 All franchises, contracts and leases to which the City is a party when this Charter becomes effective shall remain in full force and effect in accordance with their respective terms and conditions.

Granting of Public Utility Franchises

Section 14.2 Public utility franchises and all renewals and extensions thereof, and amendments thereto, shall be granted by ordinance only. No exclusive franchise shall ever be granted. No franchise shall be granted for a longer period than thirty (30) years.

No franchise ordinance which is not subject to revocation at the will of the City shall be enacted nor become operative until the same shall have first been referred to the people at a regular or special election and received the affirmative vote of three-fifths of the electors voting thereon. No such franchise ordinance shall be approved by the Commission for referral to the electorate before thirty (30) days after application thereof has been filed with the Commission, nor until a public hearing has been held thereon, nor until the grantee named therein has filed with the Clerk, his unconditional acceptance of all terms of such franchise. No special election for such purpose shall be ordered by the Commission unless the expense of holding such election, as determined by the Commission, shall have first been paid to the Treasurer by the grantee.

A franchise ordinance which is subject to revocation at the will of the City may be enacted by the Commission without referral to the voters, but shall not be enacted nor become operative, unless it shall have been completed in the form in which it is finally enacted and remain on file with the Clerk for public inspection for at least four (4) weeks before the final enactment thereof.

Control and Revocation of Franchises

Section 14.3 The Commission shall cause to be instituted such actions or proceedings as may be necessary to prosecute a public utility company for violations of its franchise, the City Charter or ordinances of the City, and may revoke, cancel or annul all franchises that may have been granted by the City which, for any reason, have become inoperative, illegal, or void and not binding upon the City.

Conditions of Public Utility Franchises

Section 14.4 All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the following rights of the City, provided however, that this enumeration is not to be construed as being exclusive or as impairing the right of the Commission to insert in such franchise any provision as may be within the power of the City to impose or require:

1. To repeal the same for misuse, or non-use, or for failure to comply with the provisions thereof.
2. To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency.
3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates.
4. To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.
5. To impose such other regulations as may be determined by the Commission to be conductive to the safety, welfare and accommodation of the public.
6. To use, control and regulate the use of its streets, alleys, bridges and public places and the space above the beneath them.

Regulation of Rates

Section 14.5 All public utility franchises shall make provisions therein for fixing rates, fares and charges, and for readjustments thereof at periodic intervals at the discretion of the City. The value of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicted upon the franchise, goodwill or prospective profits.

Use of Public Places by Utilities

Section 14.6 Every public utility whether it has a franchise or not, shall pay a reasonable compensation as determined by the Commission for the use of property located in streets, alleys, and public places in the operation of a public utility and for such part of the cost of improvement or maintenance of streets, alleys, bridges and public places as shall arise from its use thereof and shall protect and save the City harmless from all damages arising from said use, as determined by the Commission. Every such public utility may be required by the City to permit joint use of its property and appurtenances located in the streets, alleys and other public places of the City, by the City and by other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental thereof. In the absence of agreement and upon application by any public utility, the Commission shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor, and the arbitration award shall be final.

Chapter 15 — Cemetery

Power to Create Cemetery

Section 15.1 The Commission is hereby authorized to create a Cemetery Board consisting of members appointed by the Mayor, in proportional numbers, to act with any other Municipality, and shall have the power to authorize the payment out of funds of the City in accordance with the appropriations therefore, for the share of the City in operating said Cemetery or Cemeteries.

Chapter 16 — Miscellaneous

Vested Rights and Liabilities

Section 16.1 After the effective date of this Charter, the City shall be vested with all property, moneys, contracts, rights, credits, effects and the records, files, books and papers belonging to it under and by virtue of the previous Charter. No right or liability, either in favor of or against the City, existing at a time this Charter becomes effective and no suit or prosecution of any character, shall in any manner be affected by any change resulting from the adoption of this Charter, but the same shall stand or proceed as if no change had been made. All debts and liabilities of the City shall continue to be its debts and liabilities and all fines and penalties imposed at the time of such change shall be collected by the City.

Workmen's Compensation Law

Section 16.2 The City shall be subject to the provisions of the Workmen's Compensation Law, being Chapter No. 101 of the Compiled Laws of the State of Michigan of 1915, as the same now or hereafter may exist.

Sundays and Holidays

Section 16.3 Whenever the day on which something is to be done under the provision of this Charter, is a Sunday or holiday, such thing shall be done on the next succeeding day which is not a Sunday or a holiday.

Definition of "Construct"

Section 16.4 Whenever the Commission, in this Charter, is given the power to construct, the term "construct" shall mean, not only "construction" by the City itself, buying material and labor and constructing under the supervision of some property City official or agent but also "construction" by letting contracts, in the manner in this Charter provided, for the whole or different portions of the work to be done.

Inspection of Records and Books

Section 16.5 All books, papers, records and accounts of any officer, elected or appointed, or of any office or department of the City, shall be the property of the City, and shall at all times be subject to audit, examination or inspection by any members of the Commission, or by any person employed or designated by the Commission for that purpose.

Employee Welfare Benefits

Section 16.6 The Commission shall have the power to make available to the administrative officers and employees of the City and its departments and boards, a plan or plans of group life, hospital, health or accident insurance and may appropriate funds therefore.

Definition of Defaulter

Section 16.7 For the purpose of this Charter, a defaulter shall be anyone who has failed to complete any legal obligation owed to the City, and has failed to correct and/or satisfy such legal obligation for more than ninety (90) days following notification thereof by the City.

Definition of Publication; Mailing of Notices

Section 16.8 The requirement contained in this Charter for publishing or publication of notices, ordinances or proceedings shall, unless otherwise specifically provided herein by as required by state statutes.

Chapter and Section Headings

Section 16.9 The chapter, section and sub-section headings used in this Charter are for convenience only and shall not be construed as part of the substance of this Charter.

Construction

Section 16.10 When the construction of this Charter so requires, the plural form shall be construed to include singular and vice versa; and the masculine form of nouns and pronouns shall be construed to include the feminine and vice versa.

Other Interpretations

Section 16.11 Except as otherwise specifically provided or indicated by the context of this Charter:

1. All words indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.
2. The word "Person" may extend and be applied to bodies politic and corporate and to partnerships as well as to individuals.
3. The words "printed" and "printing" shall include reproductions by printing, engraving, stencil duplicating, lithographing and any similar method.
4. Except in reference to signatures, the words "written" and "in writing" shall include printing and typewriting.
5. The word "statute" shall denote the Public Acts of the State of Michigan as they are in effect at the time the provision containing the word "statute" is to be applied.
6. The word "Constitution" shall denote the Constitution of the State of Michigan as it is in effect at the time the reference to such act is to be applied.
7. The words "laws" or "general laws of the State" shall denote the Constitution and statutes of Michigan as herein defined and applicable common law.
8. All references to section numbers shall refer to section numbers of this Charter.
9. The word "plant" shall include all wiring, poles, pipes and all other assets appurtenant to the utility.

Penalties for Violations of Charter

Section 16.12 Any officer of the City found guilty by a court of competent jurisdiction of any act declared by this Charter to constitute misconduct in office may be punished by a fine of not more than Five Hundred and no/100ths ($500.00) dollars or imprisonment for not more than ninety (90) days or both in the discretion of the court.

Amendments

Section 16.13 This Charter may be amended at any time in the manner provided by statute. Should two or more amendments, adopted at the same election, have conflicting provisions, the provisions in the amendment receiving the highest number of affirmative votes shall govern.

Continuation of Appointed Officers and Employees

Section 16.14 All changes established by this Charter shall become effective immediately following the first regularly scheduled City election. Said changes shall include the continuation of appointed officers and employees.

Severability of Charter Provisions

Section 16.15 If any provision, section, article or clause of this Charter or the publication thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or application of the Charter which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the courts to be inoperable, and to this end, this Charter is declared to be severable.

Chapter 17 — Schedule

Status of Schedule Chapter

Section 17.1 The purpose of this schedule chapter is to inaugurate the government of the City under this Charter and to accomplish the transition from the old to the new Charter, and it shall constitute a part of this Charter only to the extent and for the time required to accomplish this end.

Election to Adopt this Charter

Section 17.2 This Charter shall be submitted to a vote of the qualified electors of the City of Caspian at this election to be held on November 2, 1982. This election shall be conducted by the officers under the existing charter charged with the conduct and supervision of election and shall follow the election procedure and be canvassed in the manner provided in the existing City Charter.

Form of Ballot

Section 17.3 The form of the ballot for the submission of this Charter shall be as follows:

INSTRUCTIONS: a cross (x) in the square ☐ before the work "Yes" is in favor of the proposed Charter, and a cross (x) in the square box before the word "No" is against the proposed Charter.

Shall the proposed Charter for the City of Caspian drafted by the Charter Commission elected on August 7, 1978 be adopted:

☐ Yes    ☐ No

Effective Day of this Charter

Section 17.4 For all purposes not otherwise provided herein, this Charter shall take effect at 7:00 P.M. at the then prevailing local time on December 14, 1982.

First Officers Under this Charter

Section 17.5 The terms of each of the members of the Commission with current term expirations as set forth opposite their names are as follows:

In order to provide for the transition from an April election date to a November election date, the following election scheduling provisions shall apply: [transitional election rules followed for 1983, 1984, 1985, etc.]

The Commissioners of the City of Caspian who held such offices at the time this Charter became law as the Charter of the City, shall constitute and Commission of the City of Caspian subject to the provisions of this Charter, until term expiration as set forth herein, when their successors in office will have assumed the duties of such office as provided in this Charter.

Continuation of Appointed Officers and Employees

Section 17.6 Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and all employees of the City shall continue in that City office or employment which corresponds to the City office or employment which they held prior to the effective date of the Charter as though they have been appointed or employed in the manner provided in this Charter and they shall in all respects be subject to the provisions of this Charter; except that any officer or employee who holds a position which this Charter provides be held at the pleasure of the appointing officer or body shall hold such position only at such pleasure regardless of the term for which originally appointed.

Caspian City Code of Ordinances — Preamble

The City of Caspian through the actions of the City Commission hereby adopt this City Code of Ordinances, which is a codification, revision, and updating of previously adopted City Ordinances and newly adopted Ordinances. All prior Ordinances of the City of Caspian shall be deemed repealed and void on and after the effective date of this Code of Ordinances. This City Code is a comprehensive set of city ordinances, regulations, and procedures governing all matters within the Caspian city boundaries.

All matters adopted as City Code of Ordinances shall be set forth in the Arial font not less than 12 point font size, and recorded with the Caspian City Clerk after publication and for distribution to the general public.

Except as noted in specific Code Sections after the codification adoption date, the following Caspian City Code of Ordinances was adopted at a City Commission meeting held on August 14, 2019, Published on August 27, 2019 and effective enforceable on and after September 16, 2019.

THEREFORE THE CITY OF CASPIAN HEREBY ORDAINS:

Chapter I — City Administration

Section 1.1 — Caspian City Commission Rules of Order — Public Participation

Commission meetings: Regular meetings of the Commission, unless otherwise set forth by resolution of the City Commission, shall be held on the second Wednesday of each month at 5:15 p.m. at the Caspian chalet. Special meetings may be called as provided in the City Charter and in accordance with Michigan's Open Meetings Act.

Rule 1 — Agenda

All meetings of the City Commission shall follow the order of business presented in the agenda. Citizens are afforded the time to speak publicly during the "public comment" designated on the agenda. All public comments should be framed to provide a point of view or express a concern.

Rule 2 — Sign In Sheet

Persons wishing to address the City Commission during public comments are encouraged to sign in before the start of public participation. Sign in sheets will be located next to the entry door and shall be used to establish priority of those who wish to speak. The mayor will call each person to speak and when the person is called upon the person shall identify themselves as described in Rule 4.

Rule 3 — Audience

All members of the audience shall remain quiet and courteous during the meeting. Audience members shall remain this way during the public comment time until being called upon by the Mayor and given the floor to speak for their allotted time.

Rule 4 — Speaker Identification

Each person making a comment during the appropriate time shall identify themselves with their name and address.

Rule 5 — Time

Each person requesting to speak during the public comment portion of the meeting shall be afforded three minutes to speak. This time may be shortened based on the amount of people wanting to speak to ensure everyone has a chance to address the commission.

Rule 6 — Interruptions

No member of the audience shall interrupt a speaker while they have the floor.

Rule 7 — Response; Reply

No time shall be afforded to the members of the audience to reply to a speaker's comments. No speaker shall be given extra time after they speak to reply or comment on a speaker's comments. A speaker may use their allotted time to respond to other speaker's comments.

Rule 8 — Commission Response

Public comment will not be used as a debate session. The City Commission may choose not to respond to a comment as they see fit. For further response, speaker should contact a member of City Commission directly after the meeting has ended.

Rule 9 — Written Comments

Any person may write their name, address and comment on a sheet of paper and give the paper to a Commission member prior to the start of the meeting. During public comment the Commission will then address these comments, calling on the person giving them a chance to speak for their allotted three minutes.

Rule 10 — Scope of Comment

Public comments may be on any governmental issue that a member of the public feels may be of concern to the residents of the municipality; however, comments shall not be made to personally attack any member of the community or any member of the City Commission. This includes slanderous or profane remark(s) which disturb, disrupt, or otherwise impede the orderly conduct of the City Commission meeting.

Rule 11 — Disruptions

Should any person disrupt the City Commission meeting or commit a breach of peace at the meeting, that person shall be issued a warning. Should the same person commit a second disruption or breach of peace that person shall be removed from the remainder of the meeting. Persons may also be arrested for any unlawful behavior at the City Commission meeting.

Rule 12 — Violent Threats or Acts

Should any person become violent at a city commission meeting or threaten any violence to a member of the commission or a member of the public, the City of Caspian reserves the right to file charges against said person and to request an injunction to permanently ban that person's attendance at any future meetings of the City Commission.

Rule 13 — Chart

1. Conduct of Speakers
   1. Speakers shall not share, loan or borrow time,
   2. Speakers shall abide by all rules set forth herein as well as all laws of the State of Michigan and United States.
   3. Comments must be civil and respectful and comments on physical appearance or character not related to job performance will not be tolerated.
   4. Other members of the audience are expected to respect the view of others and not harass speakers.
2. Participation
   1. Audience participation shall take place at the time designated in the agenda.
   2. Priority will be given first to those who used the sign in sheet, next to those who gave written comments, and last to those in the audience by show of hands.
   3. Speakers will be given three minutes.
3. Any violation of the above shall result in action being taken as proscribed in Rules 11 and 12 above.

As stated above public comment is not a debate and it is not the practice of the City Commission to respond directly during this portion of the meeting. The City Commission may choose, under their complete discretion, which, if any, comments they want to directly respond to.

These Rules shall be in effect for all general meetings, special meetings and public hearings of the City of Caspian.

All citizens are encouraged to contact the mayor or other members of the City Commission with any concern or issue that they feel needs to be discussed for longer than three minutes.

Section 1.2 — Downtown Development Authority (Dissolved)

Originally adopted as: An Ordinance to Adopt and Approve a Development Plan and a Tax Increment Financing Plan for the City of Caspian Development Area Pursuant to the Provisions of Act 197, Public Acts of Michigan of 1975, as amended (adopted May 11, 1993; effective May 12, 1993).

Section 1.2-A — Ordinance to Amend and Dissolve the Caspian Tax Increment Financing Plan and Downtown Development Authority Formed Under Ordinance No. 93-1 (Amended October 14, 2009) and Re-codified as Section 1.2 of Chapter I

WHEREAS, The City Commission of the city of Caspian has accepted an offer to settle all future sums captured by the County of Iron under the Tax Increment Financing Plan and Downtown Development Authority previously adopted by the City in 1993; and

WHEREAS, Upon Dissolution of the Tax Increment Financing Plan and Downtown Development Authority the Authority shall pay all remaining funds held in the project fund to the Caspian City Treasurer to be accounted for by the City of Caspian; and

WHEREAS, the City may use all remaining funds and all settlement funds from the Iron County Treasurer for any and all purposes necessary for the City of Caspian to operate in a fiscally responsible manner.

NOW, THEREFORE, BE IT ORDAINED, that the City Commission of the city of Caspian does hereby approve dissolving the "Tax Increment Financing Plan" and the Caspian Downtown Development Authority.

BE IT FURTHER ORDAINED that adoption of this ordinance shall also dissolve to the City of Caspian Development Area, and remove Ordinance Section 1.2 from the codified Caspian City Code of Ordinances.

This Ordinance shall be in full force and effect 20 days after publication.

Section 1.3 — Title VI Non-Discrimination Plan

Introduction

The City of Caspian is located in the Upper Peninsula of Michigan in beautiful and historic Iron County. A small rural type city of over 1,000 residents nestled amongst similar neighboring cities. The City of Caspian strives to provide a stress free lifestyle with all the qualities that today's families require. Caspian has a large variety of ethnic and cultural groups throughout the community, including Italians, Croatians, Finnish, Polish, and more than a dozen other nationalities. The City of Caspian is a home rule city organized pursuant to Michigan's Home Rule City Act being Chapter 117 section 117.4 et seq. of the Michigan Compiled Laws. The City serves a diverse group of people both residents and nonresidents, including minority populations, low-income populations, the elderly, persons with disabilities, and visitors. The City recognizes its responsibility to provide fairness and equity in all of its programs, services, and activities, and that it must abide by and enforce federal and state civil rights legislation.

Title VI of the Civil Rights Act of 1964 is the overarching civil rights law which prohibits discrimination based on race, color, or national origin, in any program, service or activity that receives federal assistance. The Plan also addresses Executive Order 12898 (Environmental Justice), Executive Order 13166 (Limited English Proficiency), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Age Discrimination Act of 1975, and related authorities.

Primary Goals and Objectives

1. To assign roles, responsibilities, and procedures for ensuring compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives;
2. To ensure that people affected by the City's programs and projects receive the services, benefits, and opportunities to which they are entitled without regard to race, color, national origin, age, sex, or disability;
3. To prevent discrimination in the City's programs and activities, whether those programs and activities are federally funded or not;
4. To establish procedures for identifying impacts in any program, service, or activity that may create illegal adverse discrimination;
5. To establish procedures to annually review Title VI compliance within specific program areas within the city;
6. To set forth procedures for filing and processing complaints by persons who believe they have been subjected to illegal discrimination under Title VI in the city's services, programs or activities.

Non-Discrimination Policy Statement

The City of Caspian reaffirms its policy to allow all individuals the opportunity to participate in federal financially assisted services and adopts the following provision:

"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

In applying this policy, the city and its sub-recipients of federal funds shall not:

1. Deny any individual any services, opportunity, or other benefit for which such individual is otherwise qualified;
2. Provide any individual with any service, or other benefit, which is inferior (in quantity or quality) to, or which is provided in a different manner from that which is provided to others;
3. Subject any individual to segregated or disparate treatment;
4. Restrict an individual in any way from the enjoyment of services, facilities or any other advantage, privilege or other benefit provided to others;
5. Adopt or use methods of administration which would limit participation by any group of recipients or subject any individual to discrimination;
6. Address any individual in a manner that denotes inferiority because of race, color, or national origin;
7. Permit discriminatory activity in a facility built in whole or in part with federal funds;
8. Deny any segment of the population the opportunity to participate in the operations of a planning or advisory body that is an integral part of a federally funded program;
9. Fail to provide information in a language other than English to potential or actual beneficiaries who are of limited English speaking ability, when requested and as appropriate;
10. Subject an individual to discriminatory employment practices under any federally funded program whose objective is to provide employment;
11. Locate a facility in any way which would limit or impede access to a federally-funded service or benefit.

The City of Caspian designates John Stokoski, City Manager, as the Title VI Coordinator. Inquiries concerning the City of Caspian and Title VI may be directed to John Stokoski, City Manager at 500 West Railroad Street; P.O. Box 273, Caspian, MI 49915; Phone: (906) 265-2514; Fax: (906) 265-2536; Email: jstokoski@caspiancity.org.

Limited English Proficiency (LEP)

Executive Order 13166 ("Improving Access to Service for Persons with Limited English Proficiency") clarifies Title VI of the Civil Rights Act to ensure accessibility for persons not proficient in English. The City applies the four-factor analysis recommended by USDOT:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by a program, activity, or service;
2. The frequency with which LEP individuals come in contact with the program;
3. The nature and importance of the program, activity, or service to LEP populations;
4. The resources available to the City of Caspian and overall cost.

Filing a Title VI Complaint

Any person who believes they have been subjected to discrimination on the basis of race, color, national origin (including LEP), sex, age, or disability may file a complaint with the Title VI Coordinator. Complaints must be filed within 180 days of the alleged discrimination, in writing and signed by the complainant. If the complainant could not reasonably know within 180 days, an additional 60 days from awareness applies.

The Title VI Coordinator (City Manager) has overall responsibility. An impartial investigator collects facts and prepares a fact-finding report. The investigation is completed within 40 days; a written report and decision letter follow review by the City Manager. A copy of the complaint, investigation report, and final decision letter shall be forwarded to MDOT, Civil Rights Program Unit within 60 days. Records are maintained confidentially for three years.

Environmental Justice

Compliance with Title VI includes ensuring no minority or low-income population suffers "disproportionately high and adverse human health or environmental effect" from City programs, policies, or activities. The City uses U.S. Census data to identify low-income and minority populations and follows a five-step assessment process to identify, evaluate, mitigate, and document impacts.

Section 1.4 — Emergency Response Cost Recovery Ordinance

This Ordinance shall be known as the Caspian Emergency Response Cost Recovery Ordinance.

Purpose

The purpose of this Ordinance is to provide a legal method for the Caspian Gaastra Fire Authority to recover its cost for responding to Fire Emergencies, Emergencies related to accidents involving potential fires or explosions, Emergencies related to personal injuries or potential personal injuries, and Emergencies related to the release of hazardous materials. This Ordinance is adopted by the City of Caspian as a partner in the Caspian Gaastra Fire Authority, being the legal entity under which the fire protection is provided to the City of Caspian.

Definitions

"Fire Emergency" shall include any fire not started in compliance with Local Ordinance, including all structure fires, and any fires that threaten the safety of any personal property or real estate of another.

"Emergencies related to accidents involving potential fires or explosions" shall include vehicle accidents, machine accidents, aircraft accidents, boating accidents, electrical service failures or equipment malfunctions, and false alarms.

"Emergencies related to personal injuries or potential personal injuries" shall include emergencies that may involve personal injuries or potential injuries and for which the fire authority's assistance is requested by another emergency responder.

"Emergencies related to the release of hazardous materials" shall include the release of a chemical or other material which is or may become injurious to the public health, safety, or welfare or to the environment, including natural gas, propane, or smoke or fumes from unauthorized fires; including releases of "hazardous substances" as defined in CERCLA (42 U.S.C. § 9601 et seq.) and "Hazardous Waste" as defined in M.C.L.A. § 324.21101 et seq.

"Release" is defined as any spilling, purging, emitting, emptying, discharging, injecting, leaching, dumping, burning or disposing into the environment.

"Responsible Party" includes an individual, firm, corporation, association, partnership, commercial entity, joint venture, government entity, property owner, property renter or tenant that causes in whole or in part an emergency or is the owner of the real or personal property involved in the emergency.

Charges Imposed Upon Responsible Party

Upon responding, the Authority shall be entitled to recover its actual costs incurred against the Responsible Party or Parties, including but not limited to:

1. $100 per call for each pumper truck and for each piece of fire apparatus required;
2. $100 for each water tender required;
3. $100 for each additional Fire Authority vehicle required;
4. All personnel-related costs (wages, salaries, fringe benefits, insurance, overtime, fire run fees);
5. All other expenses including rental or purchase of machinery, equipment, labor, consultants, legal and engineering fees, and replacement costs of equipment broken or injured during the response;
6. All charges to the Fire Authority by outside agencies (mutual aid costs and fees);
7. All legal fees incurred by the Fire Authority in collecting the above charges.

Billing Procedures

Following the conclusion of the response, the Fire Chief shall submit a detailed listing of all known expenses to the authority Secretary, who shall prepare an invoice demanding payment within 30 days. The Fire Authority is authorized to charge a late fee of 1% per month for amounts unpaid after 30 days.

Other Remedies

The Caspian Gaastra Fire Authority may pursue any other remedy in a court of competent jurisdiction to collect charges along with actual attorney fees.

Effective Date

Enforcement shall be effective for 30 days after adoption by the Caspian City Commission, and shall include enforcement of any outstanding charges incurred prior to adoption.

Section 1.5 — Code Enforcement

All Caspian Ordinances shall be enforced either by an authorized and designated Code Enforcement Officer, the City Clerk or a City Police Officer.

Penalties and Sanctions

1. Every violation of City Code, unless designated as a misdemeanor, shall be a civil infraction.
2. Unless specifically designated within a particular section of the City Code, the penalty for a first offense of a civil infraction violation shall be a civil fine in the amount of $50.00, plus any costs, attorney fees, damages, expense and other sanctions, as authorized under Public Act 236 of 1961, M.C.L.A. §§ 600.8701 to 600.8735 and other applicable laws.
3. A second (or any subsequent) civil infraction violation is considered a violation of the same requirement or provision, committed by a person within any six-months of a person's admission to responsibility or after having been determined to be responsible for a violation. The penalty shall be a civil fine in the amount of $100.00, plus any costs, attorney fees, damages, expense and other sanctions.

Civil Infraction Action; Commencement

A Civil Infraction Action may be commenced upon either the issuance of a Civil law suit commenced in the Iron County Courts, Civil Citation or Notice of Civil Infraction Violation and only by an appointed City Official or City Police Officer. The Civil Citation shall direct the alleged violator to appear in person at the Iron County District Court at a certain date and time.

Notice of Civil Infraction Violation; Issuance and Service

1. The time for appearance specified in the Notice shall be within a reasonable time after the Notice is issued which shall not exceed 15 calendar days following the issuance.
2. The place for appearance specified in a Notice shall be the Caspian City Hall.
3. A Notice of Violation for a Civil Infraction signed by an Authorized City Official shall be treated as made under oath if the violation alleged occurred in the presence of the official signing.
4. An Authorized City Official may issue a Notice of Violation if the official has reasonable cause to believe a person is responsible for a Civil Infraction.
5. Service shall be by personal service except in cases involving land, building, or structure use/occupancy, where the Notice may be served by posting and first-class mail to the owner.

Civil Infraction Citations; Issuance and Service

Citations are issued and served by Authorized City Officials, with appearance at the Iron County District Court within a reasonable time not exceeding 15 calendar days. Citations shall be numbered consecutively and in a form approved by the State Court Administrator pursuant to Public Act 236 of 1961, M.C.L.A. § 600.8705.

Civil Infraction Citations; Contents

The Citation shall contain the alleged violator's name and address, the Civil Infraction alleged, the place of appearance, and the time. It shall inform the violator of options to admit responsibility, admit "with explanation," or deny responsibility (informal hearing or formal hearing with attorney). The Citation shall contain a notice in boldface type that failure to appear is a Misdemeanor and will result in entry of a default judgment.

Chapter II — City Utilities, Services & Facilities

Section 2.1 — Water Service & Rates

An Ordinance to provide for the use and service and for the rates for service of the Water Distribution System of the City of Caspian.

Article I — Definitions

1.1 Key terms used in this Ordinance:

• Backflow: water of questionable quality, wastes or other contaminants entering a public water supply system due to a reversal of flow.
• Commercial user: a person whose premises offer services and/or products (e.g., retail and wholesale stores, gas stations, restaurants, schools, churches, hotels, motels, nursing homes, private clubs, theaters, governmental buildings).
• Commodity charge: a charge payable by a user based on water consumption.
• Connection charge: the charge imposed to defray a portion of the capital costs of construction of the System.
• Cross-connection: a connection or arrangement of piping or appurtenances through which a backflow could occur.
• Domestic user: a person whose premises are domiciles for single or multiple family use.
• Industrial user: a person who operates a manufacturing or process facility.
• Premises: each lot or parcel of land, building, premises, dwelling unit or apartment unit having any connection to the water distribution system.
• System / Water distribution system: the City water supply and distribution system.
• User: the owner, lessee or occupant of any premises connected to or served by the System.

Article II — Connections

2.1 Water Connection Required The owner of each premises constructed subsequent to the existence of public water and abutting (within 200 feet) any street/alley/right-of-way containing a water main shall, at owner's expense, install plumbing facilities and connect to the system.

2.2 Connections Applications shall be made on prescribed forms; water connections, plumbing, and water meters shall be installed in accordance with City specifications. Meters and connections are City property.

2.3 Institution of or Restarting Water Service Written notice of not less than 48 hours is required. Connection or restart by anyone other than authorized City employees is prohibited.

2.4 Meters All premises using water shall be metered. The City determines size and type.

2.5 Access to Meters The City has the right to shut off supply where access cannot be obtained, and may enter premises at reasonable hours.

2.6 Injury to Facilities Damage, destruction, or tampering with system structures is prohibited. The owner shall report theft or damage at once.

2.7 Reimbursement for Damage Damage caused by the owner, occupant, frost, hot water, or steam is the owner's responsibility.

2.8 Responsibility for Damages The City is not liable for damages from System failures or corrective actions.

2.9 Water Leakage The owner shall repair leaks within 72 hours of notice; otherwise additional fees may apply.

2.10 Hydrant Use Only authorized employees or persons with City permission may open or use any fire hydrant.

2.11 Unlawful Connections No connection between meter and local distribution lines or by-pass without written City approval.

2.12 Sale by Owner Unlawful Owners shall not sell water or make connections to other property without written City approval.

2.13 Cross-Connections Control Program for the City of Caspian The City has officially adopted the State of Michigan cross connection control rule. The water superintendent inspects for cross connections; high hazard establishments are inspected first; testable backflow prevention assemblies must be tested at installation, after repair, and on a regular schedule (annually for high hazard, every 3 years otherwise). Testing must be performed by individuals holding an active ASSE 5110 Certification approved by the City. Records are retained for at least 12 years.

2.14 Protection of Water Supply Potable water supply must be protected from possible contamination per state and applicable plumbing codes; non-potable outlets must be conspicuously labeled as unsafe for drinking.

2.15 Discontinuance of Service Users must request discontinuance in writing at least 48 hours in advance.

2.16 Shut Off of Water The City may shut off water for repairs or extensions. There shall be a $50.00 charge for shut off and a $50.00 charge for turning on the water at consumer request; emergency shut off/turn on by the consumer shall be at no charge.

2.17 Additional Regulations The Commission may issue additional rules and regulations.

2.18 Other Laws Statutes imposing greater restrictions shall control.

Article III — Controlled Use

3.1 Limitation of Water Use The Commission may regulate, limit, or prohibit water use for any purpose to assure adequate supply for essential domestic and commercial needs and firefighting. Notice shall be published 24 hours in advance unless an emergency.

Article IV — Water Rates and Charges

4.1 Applicability Users shall pay rates and charges designed to produce revenues proportionate to the cost of service. No free water service shall be furnished.

4.2 Commodity Charge The minimum monthly charge for water service is $19.31 for domestic and light/medium commercial users (includes service charge). Charge for water consumed over 5,000 gallons per month is $3.00 per 1,000 gallons.

4.3 Service Charge Monthly service charge by use:

4.4 Tap-on Charge $450.00 for water connections up to one inch (with $150.00 additional for pavement removal/replacement). Larger connections priced by Water Department; $500.00 deposit required.

4.5 Meter Installation Charge $75.00 for 5/8" and 3/4" meters; larger meters at actual cost with $100.00 deposit.

4.6 Meter Test Charge $25.00 for meters 1" and smaller; $35.00 for 1-1/2"; $50.00 for 2"; larger or compound meters at actual cost.

4.7 Connection Charge $300.00 per unit, paid by the user at the time service is requested.

4.8 Review of Rates and Charges The Commission shall annually review rates. A report is prepared by the Water Department Director prior to April 1 each year.

4.9 Billing and Penalties and Remedies for Non-Payment Owners and occupants are jointly and severally liable. Tenants or land contract purchasers shall deposit estimated 3 months of bills. Bills are payable on the 20th day of the month following service. Late fee is 10% of the amount billed. Service may be discontinued for nonpayment.

4.10 Unpaid Charges Unpaid rates may be spread on the next regular City and valorem property tax roll and become a lien.

4.11 Failure of the System No reduction in rates for service failure regardless of reason.

4.12 Meter Accuracy Users may request testing. Over 3% over actual = repair/replace, refund test charge, reduce bill. From -5% to +3% = correct, no adjustment. Over 5% under = repair/replace, adjust bill on estimated usage.

4.13 Hydrant Rental The City shall pay $1,250.00 per month for use of fire hydrants and general fire protection.

Article V — Enforcement

5.1 Penalties for Violation of Ordinance Up to $500.00 fine, up to 90 days imprisonment, or both. Each day is a separate offense.

5.2 Civil Action The City may institute action at law or equity to compel compliance or collect amounts due, recovering costs and reasonable attorneys' fees.

5.3 Lien Rates, fees, and charges are liens upon premises served, enforceable as ad valorem property tax liens.

Section 2.13 amended 9/11/19; published 9/25/19; effective 10/15/19.

Section 2.2 — Sewer Service & Rates

An Ordinance regulating the use of public and private sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the City's sewer system; and establishing rates and charges.

Article I — Definitions (selected)

• Act: Federal Water Pollution Control Act / Clean Water Act, as amended.
• Approval Authority: the Director in an NPDES state with an approved State Pretreatment Program; otherwise the EPA Administrator.
• BOD: Biochemical oxygen demand.
• Building drains / sewer: the lowest horizontal piping that conveys sewage to the building sewer; the building sewer connects to the public sewer.
• Industrial user: any user that discharges trade or process waste; includes profit-seeking enterprises.
• Normal domestic sewage: 200 mg/l BOD and 250 mg/l suspended solids reference values.
• System: all facilities of the City, including sewers, pumps, lift stations, and treatment facilities.

User classes include Residential, Industrial, Commercial, Institutional, and Governmental.

Article II — Operation

Section 1. Operation, maintenance, alteration, repair and management of the System are under City supervision. The City reviews wastewater contributions and operation/maintenance costs not less than every 2 years and revises charges within 60 days of such review.

Section 2 — Use of Public Sewers Required: It is unlawful to deposit human/animal excrement or objectionable waste in unsanitary manners; to discharge sewage to natural outlets without treatment; or to maintain privy vaults, septic tanks, or cesspools (except as provided). Connection to an available public sanitary sewer is required within 30 days of the relevant triggering event.

Section 3 — Private Sewage Disposal: Permitted only where public sanitary sewer is not available; subject to State Board of Health requirements; abandoned upon availability of public sewer.

Section 4 — Building Sewers and Connections: Permits required (residential or industrial). $10,000 corporate surety/cash bond required prior to excavation in public right-of-way. Permit and inspection fee: $10 (residential/commercial); industrial fee individually established. Building sewers shall be Polyvinyl Chloride (P.V.C.) plastic pipe SDR-35 meeting A.S.T.M. D-3034. All joints push-on type per A.S.T.M. D3212. Minimum diameter 4 inches; minimum slope 1/4 inch per foot for 4-inch pipe. Pipe laid on a 3-inch sand cushion, with sand backfill to top of pipe. As of March 1, 2001, all building sewers shall contain a ball or check valve at owner's expense; the property owner is responsible for any damage from sewer backups.

Section 5 — Use of the Public Sewers:

• (A) General Discharge Prohibitions — No user may contribute pollutants/wastewater that interfere with system operation. Prohibited materials include flammable liquids, viscous solids, wastewater with pH less than 5.0, toxic pollutants, noxious/malodorous substances, substances unsuitable for residue/sludge reuse, substances violating NPDES permits, objectionable color (e.g., dye/tanning solutions), wastewater hotter than 40°C (104°F), slug loads, radioactive wastes, hazards to human life, unpolluted water, and excessive suspended solids.
• (B) Specific Pollutant Limitations — Listed maximums (selected): 3.0 mg/l arsenic; 0.7 mg/l cadmium; 4.5 mg/l copper; 1.0 mg/l cyanide; 1.5 mg/l lead; 0.05 mg/l mercury; 2.0 mg/l nickel; 4.5 mg/l total chromium; 10.1 mg/l zinc; 0.2 mg/l total phenols; 100 mg/l oil and grease; 300 mg/l BOD; 350 mg/l suspended solids; 20 mg/l total phosphorus; 30 mg/l chlorine demand at 30 minutes; 40 mg/l total kjeldahl nitrogen; 0–40°C temperature; 6.0–9.5 S.U. pH.
• (C) Federal Pretreatment Standards — National Categorical Pretreatment Standards supersede where more stringent.
• (D) State Requirements — More stringent state requirements apply.
• (E) City's Right of Revision — City may establish more stringent limitations.
• (F)–(I) — Stormwater, downspouts, roof leaders, footing drains, and unpolluted water shall not be discharged to sanitary sewers. Grease, oil, and sand interceptors shall be provided when needed.
• (L) Excessive Discharge — Dilution to achieve compliance is prohibited.
• (M) Accidental Discharge — Required users must provide protection facilities; written notice within 5 days; emergency contact procedures must be posted.
• (O) Control Manhole — High-strength-waste users must install/maintain a control manhole; measurements per 40 CFR 136.
• (Q) Surcharge — A surcharge may be imposed for treatment of high-strength waste.

Section 6 — Protection from Damage: No unauthorized person may break, damage, destroy, uncover, or tamper with sewage works.

Section 7 — Powers and Authority of Inspectors: Authorized employees may enter properties for inspection.

Section 8 — Penalties: Misdemeanor; $15 to $100 per day per offense; civil liability for damages.

Section 9 — Conditions of Service: The City installs from public sewer to lot/easement line at City expense; the customer installs the remainder. Building sewer minimum diameter 4 inches; brought below basement floor where possible.

Article III — Rates and Charges

Section 10 — Sewage Charges: Each commercial, governmental, industrial, institutional, and residential User connected to the System pays charges per Exhibit A. Same rates apply to all Users inside City boundaries. Users with more than 5,000 gal/month of water that does not enter the sewer may install a separate meter (subject to pre-approval and inspection by the City Manager) and pay regular sewer rates only on the first 5,000 gallons measured.

Section 11: No free service.

Section 12 — Rate Components:

1. Debt Retirement Charge: monthly charge set by City Commission.
2. O,M&R Charge: monthly charge proportionate to wastewater contribution; metered customers charged on water use.
3. Surcharges: non-residential users pay proportionate WICSA surcharge based on EDU conversion (1 EDU = 6,000 gal/month).

Article IV — Billing

Sewer bills are rendered at least bimonthly on the first day of January, March, May, July, September, and November. Bills are due within 30 days; 10% penalty applies to delinquent bills.

Article V — Enforcement

Benefit charges and sewage disposal service charges constitute liens on premises served. After 6 months delinquency, charges are certified annually (not later than June 1) to the tax assessing officer and entered on the next tax roll.

Exhibit A — Total Monthly Sewer Charges

1. $1.41 per thousand gallons for WICSA, O,M&R and adjustments;
2. $2.85 per non-residential EDU for WICSA strength surcharge;
3. $0.30 per thousand gallons for City internal maintenance/replacement;
4. $5.47 per hookup for debt retirement to WICSA and capital facilities acquisition.

Heavy Industrial Sewer Rate: $4,069.00 per month, covering up to 1,300,000 Gallons. Flow greater than 1,300,000 Gallons: $3.13 per thousand gallons or part thereof. (Effective October 1, 2011.)

Article II, Section 4 Sub F and G amended 6/10/2020; published 6/23/2020; effective 7/13/2020.

Section 2.3 — Water Supply Rural Development

A Resolution to Provide for the Acquisition, Construction and Improvement of the Water Supply System Facilities for the City of Caspian; to Authorize the Issuance of Water Supply System Revenue Bonds Pursuant to Act 94, Public Acts of Michigan, 1933, as amended.

Adopted at the City Commission meeting January 10, 1995. The resolution authorized $1,148,000 in revenue bonds (Series 1995, dated February 1, 1995) to defray a portion of the $3,168,000 cost to acquire and construct improvements to the City's Water Supply System. The remainder was funded by a $2,020,000 grant from the United States of America. Bonds matured serially February 1, 1996 through February 1, 2035, with interest payable semiannually February 1 and August 1.

Key provisions established: Bond and Interest Redemption Account, Bond Reserve Account ($62,500 reserve amount), Operation and Maintenance Fund, Improvement and Repair Fund, and a Construction Fund. The City covenanted to fix rates sufficient for debt service and operation, to maintain insurance, to operate the System efficiently, and not to sell or dispose of the System until all bonds are paid. Additional bonds of equal standing may be issued for completing the project or for repair/replacement/extension if net revenue tests are met.

The Bonds were a self-liquidating obligation, payable solely from net revenues of the Water Supply System, secured by a statutory first lien on net revenues, and not constituting a general obligation of the City.

Resolution offered by Commissioner Laviolette and supported by Commissioner Hamacher; PRESENT: Commissioners Anderson, Laviolette, Remondini, Hamacher and Mayor Sabol; ABSENT: None.

Section 2.4 — Refuse, Refuse Containers, Collection & Rates

Article I — General Provisions

1. Refuse: garbage and rubbish including accumulations of food, paper, cardboard, plastics, metal and tin in residential portions, clothing, wood and wood products. Refuse does not include liquids of any type.
2. Importing: All refuse placed for collection within the City shall be generated within the City. It is a violation to import refuse generated outside Caspian.
3. Refuse shall be maintained only in approved containers and at authorized locations.
4. No refuse shall be maintained in an unsanitary, unsightly, or unsafe manner, or in a way that attracts animals, birds, or vandals.
5. No refuse container shall be placed within the right-of-way of any street, sidewalk, or alley except as permitted herein.
6. All refuse containers shall be securely closed; contents concealed and weather-tight; no person may place refuse from outside premises in another's container.
7. No refuse shall be placed for collection earlier than 6:00 AM nor remain after 4:00 PM of the scheduled collection day; placement shall not interfere with traffic or sidewalks.
8. Refuse placed for collection is the responsibility of the resident placing it.
9. All refuse containers shall be inconspicuously placed/stored. Containers/dumpsters not concealed shall be enclosed in materials compatible with the residence/outbuildings.
10. No refuse shall be stored more than 1 week (April–October) or 2 weeks (November–March).

Article II — Residential Refuse / Containers

1. No more than four (4) refuse containers per residence.
2. Approved containers are solid containers not exceeding 33 gallons, securely closeable.
3. Owners of premises used for human occupancy, employment, recreation, etc., shall use the municipal contracted refuse pick-up service.
4. The City shall determine the monthly rate for each premises based on the contracted city-wide service.

Article III — General Business Refuse Containers ("Dumpsters")

1. A general business entity in a residential zone must comply with residential provisions.
2. General business entities follow residential rules unless they have a contract for a Dumpster with at least weekly (Apr–Oct) or bi-weekly (Nov–Mar) pick-up.
3. Dumpsters are limited to one not exceeding 6'W × 6'L × 5'H, or up to four 33-gallon containers. Dumpsters may not be used by residential properties.
4. Premises used by business entities may have the residential refuse charge removed from their monthly utility bill upon proof of a refuse-removal contract.

Article IV — Temporary Dumpsters

1. Defined as large dumpsters intended for short-term, large projects (new construction, remodeling, demolition, large-scale cleaning).
2. Temporary dumpsters require a valid building/demolition permit, or a written permit issued by the City Manager (Section C). Maximum duration: six months.
3. Permit applications must be in writing, identify the purpose, the number of days needed, and attach a copy of the contract with the refuse company.

Article I, paragraph 2 added; Article II, paragraphs 3 & 4 added; Article III, paragraph 3 amended and paragraph 4 added — Adopted 6/10/2020; Published 6/23/2020; Effective 7/13/2020.

Section 2.5 — Sidewalks: Construction and Maintenance

1. All sidewalks hereafter constructed within the City shall conform to the grade, quality, and specifications established by the City Manager.
2. The City Commission shall by resolution decide where sidewalks shall be constructed and make assessments for cost of construction in accordance with the City Charter.
3. The City may either assess the costs of all materials to the property owner(s), or assess 50% of all construction costs to abutting property owners. The City may proceed with construction or await payment.
4. Owners of property abutting streets where sidewalks are in need of repair shall, upon notice from the City Manager, repair the sidewalk. If repairs are not made within 10 days, the City may make repairs and assess costs. Owners shall keep sidewalks free from obstructions; obstructions not removed within 48 hours of notice may be removed by the City and costs assessed against the property.
5. Sidewalks constructed contrary to this Ordinance may be ordered torn up and reconstructed at owner expense.
6. Nothing herein limits the City's right to subcontract sidewalk work.
7. Nothing herein imposes any duty on the City regarding sidewalk construction, repair, or maintenance.

Section 2.6 — Catastrophic Events Impacting Water Usage

Pursuant to Section 2.1, the City charges each water user the applicable fees for water usage. The City has adopted one exception due to catastrophic events that cause increased use exceeding the immediately preceding 6-month average.

It is the property owner's obligation to make a written request to the City Manager with proof of the event. If the evidence shows:

1. The event was not due to intentional acts of the owner or resident; and
2. The event was or caused a malfunction or failure in the home's internal plumbing lines/fixtures and was the cause of the increased usage,

the City may adjust the monthly billing for that month to twice the immediately preceding 6-month average and forgive the balance. The written request must be made before the monthly utility bill is paid. A property owner may make only one such request in any 24-month period.

Section 2.7 — Wellhead Protection Zoning Ordinance

An ordinance to provide for and to regulate the protection of groundwater resources in the City of Caspian located within a Michigan Department of Environmental Quality approved wellhead protection area.

Article I — General Provisions

Section 1.01 Title: "Wellhead Protection Zoning Ordinance."

Section 1.02 Purpose: The City has determined that certain groundwater is a highly vulnerable source of drinking water; aquifers connect to surface water; spills threaten water resources, public health, and the economy. Goals include preserving aquifers and recharge areas, protecting drinking water sources, conserving natural resources, protecting financial investment, and assuring uniform implementation of state regulations.

Article II — Definitions (selected)

• Aquifer: a geologic formation capable of storing and yielding significant groundwater.
• Best Management Practices: measures (managerial or structural) to prevent or reduce pollution.
• Hazardous Substance: chemicals or materials potentially injurious to public health, safety, welfare, or environment, including substances under CERCLA (42 U.S.C. § 9601 et seq.) and Michigan NREPA Parts 201, 211, and 213.
• Primary / Secondary Containment Facility: first vessel of containment / second vessel limiting or containing leaks from the primary.
• Underground Storage Tank System: per NREPA Part 213.
• Wellhead Protection Area (WHPA): area around and up gradient from the public water supply wells delineated by the ten-year travel time contour capture boundary.

Article III — Principal Land Uses Permitted, Prohibited

Permitted uses include all uses allowed in the underlying zoning district, except for: petroleum product manufacturing (including coal); commercial salvage yards / scrap processing; oil and gas drilling; vehicle maintenance services (including public/private garages); chemical and paint manufacturing; laundry and dry cleaner operations; electronic equipment manufacturing; electro-plating and chemical coating; application of chemicals to preserve timber products; and extraction of sand, gravel, or earthen materials to a depth resulting in less than 10 feet of undisturbed geologic formation above the saturated portion of the first water-bearing unit.

Article IV — General Provisions

Apply to all properties (private, commercial, industrial, residential, public) within the WHPA which use, store, or generate hazardous substances in quantities greater than 100 kilograms (~220 lbs or 25 gallons) per month.

4.01 Groundwater Protection Standards: Projects shall protect natural environment; storm water management shall not increase flooding or environmental contamination; point-source storm water discharges require a Storm Water Pollution Prevention Plan; general purpose floor drains shall connect to public sewer, on-site holding tank, or permitted discharge system; spill prevention required for sites using/storing/generating hazardous substances; pesticide storage subject to applicable regulations.

4.02 Above Ground Storage: Primary containment must be product tight; secondary containment must hold the substance for the recovery period; outdoor storage requires product-tight containers protected from weather; fuel and chemical tanks (over 40 gallons) require secondary containment sized for 125% of stored liquid volume.

4.03 Underground Storage Tank Systems: Registration with EPA/MDEQ; installation, operation, maintenance, closure and removal must comply with MDEQ requirements (leak detection, secondary containment, corrosion protection, spill prevention, overfill protection).

4.04 Well Abandonment: Out-of-service wells must be sealed and abandoned per applicable requirements.

4.05 Well Construction: Performed only by State of Michigan Registered Well Drillers; full grouting required per Part 127 of Act 368 of Public Acts of 1978.

4.06–4.08: Site plans must address contaminated soils/groundwater; construction protections required (general contractor or property owner responsible for evaluation); building integrity must be maintained.

4.09 Exclusions: Limited exclusion from General Provisions for hazardous substances packaged for personal/household use, capped at 50 gal / 400 lb total; non-routine maintenance excluded if aggregate hazardous substances do not exceed 50 gal / 400 lb (or, for total use, 100 gal / 800 lb).

Article V — Nonconforming Facilities

Two-year compliance period from effective date; the Zoning Administrator may require shorter (one-year) compliance for higher-risk facilities upon notice.

Article VI — Site Plan Review Requirements

Site plans must specify hazardous substance areas, tank locations, well locations, drains/dry wells/catch basins, contamination areas, and include a completed Environmental Permits Checklist. Determination of applicability is the property owner's responsibility.

Article VII — Exemptions and Waivers

Transportation of hazardous substances is exempt while in continuous transit or to/from a state-licensed hazardous waste facility. Recreational boating is exempt.

Article VIII — Zoning Board of Appeals

Variances may be obtained pursuant to Section 18 of the City Zoning Ordinance.

Article IX — Penalties, Remedies and Costs

Falsifying information: fine up to $2,000 per occurrence. Violations: fine up to $2,000 per occurrence. Each day is a separate offense. The City may pursue abatement at responsible party's expense, and seek injunctive relief.

Section 2.8 — Refunding of Revenue Bonds (Ordinance No. 2.8)

An Ordinance to provide for the refunding of the outstanding Water Supply System Revenue Bonds of the City of Caspian; to provide for issuance and sale of revenue refunding bonds; to prescribe the form of the Series 2021 Bond; and other matters.

Section 1 — Definitions (selected)

• Act 94: Act 94, Public Acts of Michigan, 1933, as amended.
• Refunded Bonds: all outstanding Series 1995 Bond ($644,000 outstanding principal).
• Purchaser: Huntington Public Capital Corporation.
• Series 2021 Bond: the City's Water Supply System Revenue Refunding Bond, Series 2021.

Section 2 — Necessity

The cost of refunding the Refunded Bonds, including legal and financing expenses, in the amount not to exceed $745,500, is approved.

Section 3 — Series 2021 Bond Authorized

The City shall borrow $683,000 and issue the Series 2021 Bond pursuant to Act 94.

Section 4 — Bond Details

Single fully-registered, non-convertible term bond; $683,000 denomination; dated as of date of delivery; interest 2.46% per annum; payable semiannually February 1 and August 1, commencing February 1, 2022; mandatory annual redemptions February 1, 2022 through February 1, 2035; no optional redemption prior to February 1, 2031; thereafter redeemable at par.

Mandatory Redemption Schedule (Term Bond Due February 1, 2035)

Sections 7–17 (summary)

Payment is solely from Net Revenues, secured by a statutory first lien on whole Net Revenues. Bondholders representing 20% may bring suit to enforce statutory lien and compel performance, including rate adjustment. Funds and accounts include the Receiving Account, Operation and Maintenance Account, 2021 Bond and Interest Redemption Account, and Bond Reserve Account (set at the lesser of: (i) maximum annual debt service; (ii) 125% of average annual debt service; or (iii) 10% of outstanding principal at issuance). Additional bonds of equal standing may be issued for project completion or refunding, contingent on a 100% net revenue coverage test based on the prior two operating years.

Sections 22–28 (summary)

Tax covenant to maintain federal tax-exempt status; designation as "qualified tax-exempt obligation" under § 265(b)(3)(B); retention of Miller, Canfield, Paddock and Stone, P.L.C. as Bond Counsel; retention of Baker Tilly Municipal Advisors LLC as financial advisor; ordinances authorizing Series 1995 Bond repealed upon repayment.

Adopted October 19, 2021; Published October 26, 2021. Voting members present and voting in favor: Robert Ketchum, Robert Remondini, Matthew Jacks, Ancella Thurston, Michael Stachowicz. None opposed.

Chapter III — Third Party Services

Section 3.1 — Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO Act)

Section 1 — Purpose

Regulate access to and ongoing use of public right-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety and welfare and exercising reasonable control of the public right-of-way in compliance with the Metropolitan Extension Telecommunications Right-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), and to ensure that the City qualifies for distributions under the Act.

Section 2 — Conflict

Nothing in this Ordinance shall conflict with the Act or other applicable law.

Section 3 — Terms Defined (selected)

• Authority: the Metropolitan Extension Telecommunications Right-of-Way Oversight Authority created pursuant to Section 3 of the Act.
• MPSC: the Michigan Public Service Commission.
• Public Right-of-Way: area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easements.
• Telecommunication Facilities: equipment such as cables, lines, wires, switches, conduits, pipe and sheath used to provide telecommunication services. Excludes commercial mobile service equipment under 47 U.S.C. 332.
• Telecommunications Provider: as defined in the Michigan Telecommunications Act, 1991 PA 179, including cable television operators providing telecommunications service, owners of telecommunication facilities in public right-of-way, and broadband internet transport access providers.

Section 4 — Permit Required

Permit application: in writing on a MPSC-approved form filed with the City Clerk. A non-refundable application fee of $500.00 is required (waived for existing providers under § 5(3) of the Act). Confidential trade secret/proprietary information should be clearly marked. Previously issued permits under Section 251 of the Michigan Telecommunications Act satisfy this Ordinance's permit requirements. Existing providers had 180 days from November 1, 2002 to apply.

Section 5 — Issuance of Permit

The City Manager has authority to approve or deny applications within 45 days. The MPSC must be notified when a permit is granted or denied. Permits cannot be unreasonably denied. The City Manager may impose conditions limited to access and usage; may require a bond not exceeding the reasonable cost to ensure the public right-of-way is returned to its original condition.

Section 6 — Construction/Engineering Permit

Required before commencing construction; no fee.

Sections 7–9

Obtaining a permit does not give the right to use conduits or utility poles. Route maps must be submitted within 90 days of substantial completion. The provider must promptly repair damage to streets and installations.

Section 10 — Maintenance Fee

Telecommunications providers pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.

Sections 11–17

Existing fees are modified to comply with Act limits; fees received by the City must be used solely for right-of-way related purposes (deposited into the Major Street Fund or Local Street Fund). The City Manager shall file an annual report with the Authority. The City shall not hold a cable operator in default for failure to pay franchise fees on cable modem services through broadband internet transport access services.

Sections 18–23

The City reserves police powers to protect public health, safety and welfare. Severability clause. The City Manager (or designee) is the authorized official to issue municipal civil infraction citations. Violations are municipal civil infractions. Effective on or before November 1, 2002.

Section 3.2 — Natural Gas Franchise (Michigan Consolidated Gas Company)

An Ordinance granting Michigan Consolidated Gas Company, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places, and to do a local gas business in the City of Caspian, for a period of thirty (30) years.

Section 1 — Grant of Gas Franchise and Consent to Laying of Pipes

Subject to the terms and conditions of this Ordinance, consent is given to the Company to lay, maintain, operate and use gas pipes, mains, conductors, service pipes and other necessary equipment in the public ways of the City. A franchise to do local gas business is granted.

Section 2 — Gas Service and Extension of System

Upon acceptance, the Company shall furnish gas to applicants in accordance with applicable laws, rules and regulations, and the Company's Rules and Regulations for Gas Service as filed with the Michigan Public Service Commission.

Section 3 — Use of Streets and Other Public Places

The Company shall not unnecessarily obstruct any public way and shall promptly repair openings or excavations. The Company is liable to the City for all damages and costs arising from default, carelessness, or negligence. Roads/streets/alleys/highways shall not be opened for laying lines without application to and permit from the Highway Commissioner, City Commission, or other authority.

Section 4 — Standards and Conditions of Service; Rules, Regulations and Rates

The Company is subject to the jurisdiction of the Michigan Public Service Commission. Rates and service standards are governed by the Company's MPSC-filed schedule.

Sections 5–7 — Successors and Assigns; Effective Date / Term; Effect and Interpretation

"Michigan Consolidated Gas Company" includes its successors and assigns. The Ordinance takes effect 20 days following publication, which publication shall be made within 14 days after adoption, and continues in effect for thirty (30) years thereafter, subject to revocation at the will of the City. Within 60 days of receiving the certified Ordinance, the Company shall file written acceptance of the conditions with the City Clerk. Conflicting ordinances and resolutions are rescinded; section headings are for reference only.

Section 3.3 — Cable TV Franchise (Uniform Video Service Local Franchise Agreement)

Made pursuant to 2006 PA 480, MCL 484.3301 et seq., between the City of Caspian (the "Franchising Entity") and Iron River Cooperative TV Antenna Corporation, doing business as Iron River Co-Operative.

Section 1 — Definitions (selected)

• Cable Operator: as defined in 47 USC 522(5).
• Cable Service: as defined in 47 USC 522(6).
• Cable System: as defined in 47 USC 522(7).
• Commission: the Michigan Public Service Commission.
• FCC: the Federal Communications Commission.
• IPTV: Internet Protocol Television.
• Low-income household: household with average annual income less than $35,000 per most recent decennial census.
• METRO Act: 2002 PA 48, MCL 484.3101 et seq.
• Open Video System (OVS): as defined in 47 USC 573.
• Video Service Provider Fee: the amount paid under Section 6 of the Act and Section VI of this Agreement.

Section 2 — Requirements of the Provider

1. An unfranchised Provider shall not provide video services in any local unit of government without first obtaining a uniform video service local franchise agreement.
2. The Provider shall file in a timely manner with the FCC all forms required by that agency.
3. Comply with all valid and enforceable federal and state statutes and regulations.
4. Comply with all valid and enforceable local regulations regarding right-of-way use.
5. Comply with FCC requirements for emergency alert system messages.
6. Comply with PEG programming requirements of Section 4 of the Act.
7. Comply with FCC customer service rules under 47 CFR 76.309(c) and applicable Michigan Consumer Protection Act provisions (MCL 445.901–445.922).
8. Comply with FCC in-house and consumer premises wiring rules.
9. Comply with Consumer Privacy Requirements of 47 USC 551.

Section 3 — Provider Providing Access

The Provider shall not deny access to service to any group of potential residential subscribers because of race or income. Defenses include reaching specified low-income household coverage thresholds (25% within 3 years; 30% within 5 years and thereafter). Larger telecommunications-based providers (more than 1,000,000 access lines) must reach 25% of telecommunication-service-area households within 3 years and 50% within 6 years.

Waivers/extensions may be granted for inability to obtain right-of-way access; exclusive service arrangements; technical inaccessibility; natural disasters; or factors beyond control. Annual progress reports are required.

Section 4 — Responsibility of the Franchising Entity

1. Grants authority to provide video service in the video service area footprint and to use public right-of-ways.
2. Shall not discriminate against the provider regarding right-of-way authorization, access to government buildings, or municipal pole attachments.
3. Shall not require any other franchise, fee, or franchise requirement than allowed under the Act.
4. Shall not impose mandatory build-out requirements except as required by Section 9 of the Act.

Sections 5–6 — Term; PEG Channels

Ten-year term, with renewals available under § 3(7) of the Act. Provider shall designate sufficient capacity for the same number of public, education, and government access channels in actual use on the incumbent video provider system; unutilized PEG channels may be programmed at the Provider's discretion until restored upon certification of an 8-hour daily schedule for 3 consecutive months. PEG content responsibility lies with the producer; provider has no editorial control or liability. PEG channels are for noncommercial use only.

Sections 7–13 — Termination, Transfer, Notices, Confidentiality, Customer Service, Miscellaneous

Termination/modification by Provider via notice. Franchise is fully transferable to successors with notice within 15 days. Confidential trade secret information is exempt from FOIA when properly marked. Providers must establish a dispute resolution process and maintain a local or toll-free customer service number; complaints follow the dispute process described in Section 10 of the Act before being filed with the Commission.

Notices

Franchising Entity: Caspian, Attn: City Manager, 500 West Railroad St., PO Box 273, Caspian, MI 49915. Fax: 906.265.2536.
Provider: Iron River Co-Operative TV Antenna Corp., Attn: Office Manager, 316 North 2nd Ave., Iron River, MI 49935. Fax: 906.265.3020.

The Provider and Franchising Entity are subject to the provisions of 2006 Public Act 480.

Chapter IV — Traffic, Motor Vehicles & Recreation Vehicles

Section 4.1 — Uniform Traffic Code

Section 1 — Code and Amendments and Revisions Adopted

The Uniform Traffic Code for Cities, Townships and Villages, as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969 (1969 PA 306, MCL 24.201 to 24.328), made effective October 30, 2002, and all future amendments and revisions when promulgated and effective in this state, are incorporated by reference.

Section 2 — References in Code

References in the Uniform Traffic Code to "governmental unit" shall mean the City of Caspian.

Section 3 — Notice to be Published

The City Clerk shall publish this ordinance and a notice stating the purpose of the Code, with a complete copy available at the office of the clerk for inspection.

Section 4 — Penalties

The penalties provided for in the Uniform Traffic Code are adopted by reference.

Section 4.2 — Winter Traffic Regulations

Article I — Snow Removal

1. Owners of gas stations and similar privately owned and operated expansive areas shall be totally responsible for the removal and disposal of snow.
2. Removal of snow from such expansive private areas shall not obstruct sidewalks or crosswalks designated by Municipal, County, or State authority.
3. It is unlawful to place piles of snow at any intersection of City streets or alleys, on or off private property, where such piling impairs proper visibility for motorists or pedestrians.
4. Snow may be deposited in the street roadway (curb to curb) only just before City equipment starts clearing the street; the property owner shall spread the snow along their own frontage and not pile it at one spot, in violation of paragraphs 1.2 or 1.3.
5. In residential areas, snow removed from private driveways shall be deposited on or removed to private property. If not possible, snow may be spread along the owner's street/alley frontage in a manner not impeding traffic and before City equipment clears the area. Snow from sidewalks shall not be cast into parkways or tree-beds (the area between sidewalk and curb).
6. Snow accumulations on private property are not the responsibility of the City. The City may remove or cause to be removed any pedestrian or traffic safety hazards and bill the actual cost to the owner.
7. Snow shall not be deposited in any street or alley after it has been cleared.
8. Snow, ice or other material moved, piled or dumped in violation may be moved by the City and the expense charged to the violator.
9. Any person, firm or corporation — owner, occupant, or hired contractor — shall not violate this ordinance.

Section 4.3 — Safe Street Intersections and Clear Vision Areas

Article I — Obstruction of Vision at Street Intersections

For the safety of all drivers and pedestrians, no plantings, personal property, vehicles, equipment, machinery, or structures shall be parked, stored, established, or maintained on any corner lot or along any driveway, street, or alley that will likely result in obstructing the view of a vehicle driver approaching the intersection or entering or exiting the driveway, street, or alley. The City shall consider the nature of the intersection, speed limits, traffic volume, permanence, traffic-control devices, and other factors.

Article II — Clear Vision Triangle

On corner lots, a clear vision triangle is the triangle formed by the intersecting street and/or alley curb lines (or street property lines if no curbs exist) and a line connecting them at a point twenty-five (25) feet from the intersecting point.

Within that area no fence, wall, ornamental gate or portal, bushes, shrubbery, hedges, vehicles, equipment, machinery, stored material, or personal property shall be permitted beyond a height of two (2) feet above the average finished grade. Trees shall be maintained and trimmed so that no branches or foliage are less than ten (10) feet above the average finished grade. No buildings shall be constructed within the clear vision triangle.

Existing buildings/structures lawfully in existence prior to this Ordinance may continue but if destroyed, may not be rebuilt within the clear view triangle.

Article III — Abatement

Upon issuance of a notice of violation, the property owner has 14 days to comply. Otherwise the City may abate the violation at the owner's expense; unpaid costs become a lien enforced as a tax lien.

Articles IV–V — Administration; Severability

The City Manager, City Police, and/or Caspian Ordinance Enforcement Officer administer and enforce this Ordinance. Partial invalidation of any provision shall not invalidate the balance.

Section 4.4 — Parking Violations Bureau and Parking Offenses

Article I — Parking Violations Bureau

1. Pursuant to Section 8395 of the Revised Judicature Act (Public Act 154 of 1968), a parking violations bureau is hereby established under the supervision and control of the Caspian City Police Department.
2. The Police Department, subject to City Commission approval, shall establish a convenient location, hire necessary employees, and adopt rules and regulations.
3. Only violations scheduled in Section 8 may be disposed of at the bureau. Scheduling does not entitle disposition; the bureau may refuse and require court proceedings.
4. No violation may be settled at the bureau except at the violator's specific request and only when the violator does not deny the offense.
5. Issuance of a traffic ticket or notice of violation is deemed an allegation. The ticket shall indicate the time to respond, address, hours, scheduled penalty, and warning that a warrant for arrest may be sought for failure to respond.

Article II — Snow Ban Parking

Owners shall not permit vehicles to be parked on any City street between 2:30 a.m. and 7:00 a.m. from November 1 through April 30, inclusive. Vehicles parked in violation may be towed at the owner's expense, in addition to the civil infraction assessment.

Article III — Parking

Streets where parking will be prohibited on one or both sides as signs designate:

• Brady Avenue between Caspian Avenue and Morgan Street.
• Brady Avenue between Jobe Street and East 1st Street.

Each day a violation continues is a separate offense. A violation is a civil infraction; fines are listed on the schedule below plus costs of prosecution.

Article IV — Schedule (Uniform Traffic Code Violations)

Section 4.5 — Vehicle Weight Restrictions

Section 1 No single-axle vehicle weighing over 16,000 pounds, or any tandem-axle vehicle weighing over 26,000 pounds, may be operated upon any street, throughway, or alleyway within the City of Caspian, other than on Caspian Avenue, Route 424/Brady Avenue, the Caspian Cut-Off Road, or East First Street, for any purpose, except to make a pick-up from, or delivery to, a specified location, of manufactured products, materials, goods, wares, or merchandise — and then only by using the shortest route from the nearest of those designated routes.

Section 2 Caspian Avenue, Route 424, Brady Avenue, the Caspian Cut-Off Road, and East First Street are the only permissible truck routes. The City Manager and/or the Chief of Police shall post official signs.

Section 3 On the permitted routes: where the space between axles is ≥ 9 feet, max axle load shall not exceed 16,000 lb (solid rubber tires) or 18,000 lb (pneumatic). Where the space is > 3.5 ft but < 9 ft, max axle load is 11,600 lb (solid) or 13,000 lb (pneumatic). Where space is ≤ 3.5 ft, combined load is treated as a single-axle load. Wheel load shall not exceed 700 lb per inch of tire width.

Section 4 During March, April, and May, max axle loads on permitted routes are reduced 25% (concrete pavement/base) or 35% (other surfaces); max wheel load 525 lb (concrete) or 450 lb (otherwise) per inch of tire width. The City Manager may suspend these restrictions when conditions warrant.

Section 5 Operators on a non-permitted route must have in their possession a certificate of truck weight and load in transport.

Section 6 "Weight" includes the weight of the vehicle and its load.

Section 4.6 — ORV / ATV Operation

Section 1 Definition ORV means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail (multi-track or multi-wheel drive vehicles, motorcycles, two/three/four-wheeled vehicles, amphibious machines, ground-effect air cushion vehicles, etc.). ORV does not include registered snowmobiles, farm vehicles used for farming, military/fire/emergency/law-enforcement vehicles, construction or logging vehicles in their common function, or registered aircraft.

Section 2 Registration All ORV's must be registered with the Michigan Secretary of State, with limited exceptions (use only on owner's land; vehicles licensed under Michigan Vehicle Code; special events under permit; safety/training programs).

Section 3 Operational Regulations ORVs may not be operated on any public highway, street, alley, or right-of-way except: on streets designated as ORV trail at not more than 5 mph; to cross a street to/from a designated trail (with full stop before crossing); for special events under permit. Operations may not be reckless, careless, while intoxicated, within 100 feet of a dwelling above minimum controlled forward movement (unless invited), or on undesignated public property.

Section 4 Equipment ORV's must be equipped with a braking system, brake light brighter than tail light when operated 1/2 hour after sunset to 1/2 hour before sunrise, return-to-idle throttle, and spark-arrestor muffler in good working order.

Section 5 Noise Emission Under full throttle, 50 ft at right angles: ≤90 dB (pre-1973), ≤88 dB (post-1/1/1973), ≤86 dB (post-1/1/1975).

Sections 6–11 Trespass requires written permission. ORV operation in streams allowed only for crossing via bridge/culvert or controlled forward movement; not allowed up/down stream unless water depth permits flotation. Riders under 12 are restricted; riders 12–15 must be supervised, on owner-controlled land, or with a Department of Natural Resources safety certificate. Operators must stop when signaled by law enforcement or hailed by a private landowner; refusal is a misdemeanor. Accidents resulting in injuries, death, or estimated property damage of $50.00 or more must be reported to the Caspian City Police; operators must render reasonable assistance. Severability clause.

Section 4.7 — Watercraft Operation

Section 1 — Intent

This Ordinance supplements Michigan statutes regarding the operation of watercraft in any and all bodies of water located within the City. It is not intended to allow what state statutes prohibit.

Section 2 — Definitions

• Operate: to ride in or on and control the operations of a watercraft.
• Person: an individual, partnership, corporation, and any body or association of individuals.
• Watercraft: any floating device primarily designed or altered for travel in water.

Sections 3–7

Watercraft may be operated in any and all bodies of water within the City. It is unlawful to operate any watercraft equipped with a motor other than an electric motor in any bodies of water within the City, and in any manner prohibited by Michigan law. Parents/guardians may not authorize or permit juveniles to violate this article. Severability and superseding clauses included.

Chapter V — Public Health, Welfare & Safety

Section 5.1 — Curfew

1. No minor under the age of 12 years shall loiter, idle, or congregate on any public street, highway, alley or park between the hours of 9:00 p.m. and 6:00 a.m., unless accompanied by parent(s), guardian(s), or an adult delegated by them.
2. A minor under the age of 16 years shall not loiter, idle, or congregate on any public street, highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m., unless accompanied by parent(s), guardian(s), an adult delegated by them, or upon an errand or other legitimate business directed by the parent(s) or guardian(s).
3. No person of the age of 16 years or over shall assist, aid, abet, allow, permit, or encourage any minor under the age of 16 to violate paragraphs 1 or 2.
4. A parent or legal guardian of a minor under the age of 16 shall be responsible for the minor's violation regardless of the parent's actual knowledge of the violation.

Section 5.2 — Discharge of Firearms, Bow & Arrow

Article I — Firearm Usage

1.1 Firearm Discharge It shall be unlawful for any person to fire, shoot, or cause any firearm to be discharged within the City limits.

1.2 Firearm Defined "A firearm" means any gun, rifle, pistol, revolver, shotgun, or any other device capable of projecting any object a distance of forty (40) feet.

Article II — Bow & Arrow

2.1 Bow & Arrow Usage It is unlawful to cause a bow and arrow to shoot or fire an arrow within the City limits, unless restricted to an archery practice site.

2.2 Bow & Arrow Defined Any device capable of projecting an arrow more than twenty (20) feet.

2.3 Archery Practice Site Defined A designated area in which arrows are shot at a fixed target, having either:

1. A backstop with the target centered on it, of at least 8 feet × 8 feet, of material and thickness no arrow can fully penetrate; or
2. A buffer zone of two hundred fifty (250) feet from the target to any adjoining landowner's property.

All arrows shall be equipped with target tips. No hunting or razor-type tips shall be used.

Section 5.3 — Burning Within the City of Caspian

Burning Prohibited. Burning within the City is prohibited, except as permitted herein.

Permitted Burning

1. Structure heating fires within an approved furnace, stove, fireplace, or similar device located within the structure, using approved fuels (natural gas, propane, oil, clean wood, processed alternative fuels e.g. wood pellets).
2. Recreational fires within a confining unit of noncombustible material not exceeding 3 feet in diameter and 1 foot in height, including a dirt pit encircled by at least 6 inches of noncombustible material; metal burn barrels are specifically prohibited. Fire must be attended continually until ashes are cold; only clean, dry firewood may be burned.
3. Cooking fires for cooking or smoking food within a confining unit of noncombustible material not exceeding 36 inches in diameter, using approved gases, charcoal, or clean dry firewood.
4. Fires started by an appropriate public official (e.g., Fire Chief or City Manager) within their official duty for a public service that cannot be reasonably managed by an alternate method.
5. Allowed outdoor wood burners as provided in Chapter VIII (the Caspian Zoning Ordinance).

Prohibited Burning

1. Any burning within 15 feet of the property of another, including public property.
2. Any burning that will endanger persons or property.
3. Any burning whose emissions of smoke, smell, fumes, soot, ash, etc., will or are likely to endanger, irritate, annoy, or constitute a nuisance.
4. Burning which causes smoke, smells, fumes, soot, or ash on or over the property of another, including public property.

Other Law. The requirements of all other laws controlling burning shall supersede this Ordinance to the extent that they are more restrictive.

Amendments to "Permitted Burning": Adopted 6/12/2024; Published 6/26/2024; Effective 7/16/2024.

Section 5.4 — Building Code, Electrical, Mechanical, Plumbing

It is the position and belief of the Caspian City Commission that uniform application and enforcement of Michigan's Building, Electrical, Mechanical, and Plumbing Codes is in the best interest of the residents of the City of Caspian.

From this day forward the City of Caspian shall be governed by all State of Michigan Building, Electrical, Mechanical, and Plumbing Codes now in force or hereafter amended and/or adopted. Enforcement shall be undertaken and administered by the Iron County Construction Code Office located in the Iron County Courthouse, Crystal Falls, Michigan, and/or the building inspector, electrical inspector, mechanical inspector, and plumbing inspector working through such office.

The City of Caspian hereby repeals all prior Building, Electrical, Mechanical, and Plumbing Code Ordinances previously adopted by the City.

Section 5.5 — Property Conditions: Outdoor Storage, Grass, Weeds, Brush, Trees, Unsafe Property

Article I — Grass, Weeds, Brush, Trees

Applies to all land areas within neighborhoods/areas where residents generally maintain landscaped, mowed yards, and within 30 feet of those areas. Property owners shall maintain land areas to prevent unsightly growth and noxious/poisonous weeds. "Noxious and poisonous weeds" include Canada Thistles, milkweed, wild carrots, oxeye daisies, ragweed, goldenrod, burdock, poison ivy, poison sumac, and any other plant the City Commission regards as a common nuisance.

• Lawns must be mowed often enough not to exceed 6 inches.
• Excessive vegetation is a prima facie violation and an immediate hazard to public health and safety.
• Owners must maintain land contiguous to sidewalks, alleys, and streets to prevent vegetation from obstructing public ways or diminishing structural soundness.
• Owners shall cut, destroy, and remove noxious and poisonous weeds at least twice yearly — once in the first half of June and once in the first half of August.
• No grass clippings or vegetation shall be thrown, discarded, or swept onto sidewalks, streets, or alleys.

Article II — Outdoor Storage

The following objects/materials shall not be stored outdoors in either General Business or Residential Districts:

1. Indoor appliances (refrigerators, ovens, washers, dryers, water heaters, furnaces).
2. Indoor furniture (couches, beds, tables, bookcases).
3. Scrap metal, used sheet metal, piping, used car parts.
4. Used tires.
5. Motor vehicles not road-legal, partially dismantled, or without current Michigan Registration.
6. Building materials (lumber, concrete block, trusses, roofing) — except those being used to complete a project under a valid current building permit.

This Article generally does not apply to industrial sites, except within 50 feet of a shared boundary with residential or general business property.

Article III — Unsafe, Hazardous Property

1. All property shall be maintained in a safe and orderly condition; structurally sound; reasonably consistent in appearance with the general community.
2. No property condition shall create a hazard or blight.
3. It is unlawful to have any abandoned, unattended, or discarded icebox, refrigerator, or airtight container with snap latch accessible to children, unless the door is removed.
4. "Property" includes land, structures, and personal property.

Articles IV–VIII — Utilities; Nuisances; Notice; Abatement; Circuit Action

All occupied structures must have running water, an approved sewer system, and a source of electricity. Property conditions creating a nuisance violate this Ordinance. The City may give notice of violation by mail; for hazards no notice is required. If the owner does not abate, the City may abate at owner's expense (which becomes a lien on the property enforceable per Charter § 8.6 or as tax liens). The City may also seek circuit court relief, including abatement and recovery of costs and attorney fees.

Article IX — Fines and Costs

Any remaining violation 15 days after a mailed notice results in a municipal civil infraction with an initial fine of $500.00. Subsequent infractions for the same violation within 6 months carry an additional $500.00 fine. The violator pays actual costs incurred by the City for enforcement, including investigation, overhead, time, mileage, and actual attorney fees. The City may also obtain injunctive relief.

Articles X–XI — Administration; Severability

The City Manager, Chief of Police, or Manager's designee administers and enforces this Ordinance. Should any part be declared invalid, such declaration shall not invalidate the balance.

Amendment Adopted 5/14/2025; Published 5/21/2025; Effective 6/10/2025.

Section 5.6 — Noise Ordinance

Section 1 — Unlawful Noise Prohibited

It is unlawful to create, assist in creating, or permit any excessive, unnecessary, unnatural, or unusually loud noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. Examples include (but are not limited to):

1. Horns and signal devices — sounding while not in motion (except as a danger signal); unreasonably loud or harsh sounds; sounding for unreasonably long periods.
2. Radio, phonograph, musical instrument — playing in such a manner or volume so as to annoy or disturb persons in any office or residence. Plainly audible from another dwelling unit between 10:00 p.m. and 7:00 a.m. is prima facie evidence of a violation.
3. Shouting and whistling — yelling, shouting, hooting, whistling, singing, or making other loud noises on public streets between 10:00 p.m. and 7:00 a.m., or at any time when annoying.
4. Hawking — loud or boisterous hawking of goods, merchandise, or newspapers.
5. Animal and bird noises — frequent or long continued noise that disturbs the comfort or repose of persons in the neighborhood.
6. Whistles or sirens — except for work-time signals, fire/danger warnings, or regular Caspian Fire Hall whistles.
7. Engine exhaust — discharge without an effective muffler.
8. Construction noises — building/excavation on Sundays or other days outside 7:00 a.m. to 9:00 p.m. without urgent necessity and without permit.
9. Handling merchandise — loud loading/unloading or unboxing.
10. Devices to attract attention — drums, loudspeakers, amplifiers, etc.

Section 2 — Exceptions

Emergency vehicles; necessary highway/utility maintenance/construction (including snow removal); reasonable use of stationary amplifiers/loudspeakers for noncommercial public addresses; sacred music by churches/organizations approved by the City Commission; permitted public events.

Section 5.7 — Offenses Against the Public Peace

Section 1 Disorderly Conduct It is unlawful for any person to be a disorderly person as defined by MCL 750.167.

Section 2 Disturbance at Public Places or Assembly It is unlawful to create any disturbance or contention in any tavern, store or grocery, manufacturing establishment, street, lane, alley, highway, public building, grounds, park, or at any election or public meeting where citizens are peacefully assembled (MCL 750.170).

Section 3 Disturbing Meetings or Congregations It is unlawful to disturb any lawfully assembled meeting or congregation, religious, political, or otherwise. Disturbances include disobeying time limits, becoming repetitious, otherwise disrupting orderly progress, or failing to abide by established rules.

Section 4 Abusive or Obscene Language or Gestures No person within the City shall use abusive or obscene language or gestures to any other person when such words or gestures, by their very utterance or performance, tend to incite an immediate breach of the peace.

Section 5 Public Intoxication It is unlawful to be intoxicated in a public place and either endanger the safety of another person or property, or cause a public disturbance.

Section 6 Punishment A person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, a fine of not more than $500.00, or both.

Section 5.8A — Commercial Marihuana Establishment Ordinance

Adopted August 12, 2021; Published August 18, 2021; Effective September 8, 2021. Replaces and repeals former Section 5.8.

Article 1 — Title

"City of Caspian Commercial Marihuana Establishment Ordinance."

Article 2 — Definitions

• Act: the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 et seq.
• Agency: the Michigan Marihuana Regulatory Agency or its successor.
• Designated Consumption Establishment: a commercial space licensed by the Agency to permit on-site consumption by adults 21+.
• Marihuana Establishment: Marihuana Grower, Marihuana Safety Compliance Facility, Marihuana Processor, Marihuana Microbusiness, Marihuana Retailer, Marihuana Secure Transporter, Excess Marihuana Grower, Designated Consumption Establishment, or Marihuana Event Organizer.
• Marihuana Retailer: a person licensed to obtain marihuana from Marihuana Establishments and sell to other Establishments and to individuals 21+.
• Ownership Interest: a direct or indirect ownership interest of more than 10% of an entity.

Article 3 — Operation Without a Permit

No person shall operate a Marihuana Establishment in the City without first obtaining a permit from the Clerk.

Article 4 — Permits Generally

1. The City shall not issue permits for any type of Marihuana Establishment other than a Marihuana Retailer and a Designated Consumption Establishment.
2. The City shall not place a limit on the number of permits available.
3. Permittees shall comply with the Caspian City Zoning Ordinance and all other local, County, and State Construction Codes.
4. The City Commission may establish a non-refundable application fee not to exceed $5,000.00.

Article 5 — Permit Application Submission

Applications are filed with the Clerk and considered in the order received. They must include the application fee, applicant identification (or, if an entity, identification of each individual with an Ownership Interest plus a designated point of contact), the name and physical address of the proposed Marihuana Establishment, a professionally drawn to-scale site plan, and proof of ownership or written consent from the property owner with a copy of the lease.

Article 6 — Permit Application Evaluation

Upon receipt of a completed application, the Clerk refers a copy to the Zoning Administrator. No application shall be approved unless the Zoning Administrator confirms compliance with this Ordinance and the Zoning Ordinance. Upon written approval, the Clerk issues the permit. Permit transfers (to another person) require Clerk approval and are approved if the Agency approves the transfer. Location transfers within the City require Clerk approval contingent on Zoning Administrator confirmation.

Article 7 — Operations Generally

1. Except for a Designated Consumption Establishment, no consumption is permitted on premises.
2. The permit shall be prominently displayed on premises.
3. The Establishment is subject to inspection by the City Law Enforcement Agency at any time.
4. All necessary building, electrical, plumbing, and/or mechanical permits shall be obtained.
5. Hygiene practices: personal cleanliness; thorough handwashing; refraining from direct contact with marihuana when ill or with open lesions.
6. Litter, waste, floors, walls, ceilings, screening against pests, and rubbish must be properly maintained.
7. Buildings must be maintained in a sanitary condition.
8. Marihuana shall be free from infestation and properly held to prevent microbial growth.
9. Continuous surveillance with security cameras; off-site retention of video for 14 days; 24-hour access provided to local law enforcement.
10. No noise, dust, vibration, glare, fumes, or odors detectable beyond the property boundaries.
11. Disposal of marihuana shall prevent acquisition by unauthorized persons.
12. Misleading, deceptive, false, or minor-targeted advertising is prohibited.
13. Marihuana Secure Transporters licensed under the Act may transport through but not store in the City.
14. The City Commission may establish a non-refundable annual permit fee not to exceed $5,000.00.
15. Applicants/permittees shall notify the Clerk of changes within two business days.

Article 8 — Permit Renewal

One-year term. Permittees apply to renew within 30 days of expiration; failure forfeits the permit. Renewals are granted unless denial is warranted under Article 12, provided the permittee holds a valid Agency state license.

Article 9 — Marihuana Retailer or Designated Consumption Establishment

1. Marihuana Retailers may only be open to the public between 9:00 a.m. and 9:00 p.m.
2. Designated Consumption Establishments may only be open between 9:00 a.m. and 12:00 a.m.
3. Persons under 21 years of age are not permitted on the premises.

Article 10 — Location of Marihuana Retailers or Designated Consumption Establishments

Permitted Marihuana Establishments shall be located in Zone C (industrial zone) on real estate that has direct frontage on a class A road, with a minimum of 2 acres of buildable land. No Marihuana Establishment may be located within 500 feet of an existing residential structure.

Article 11 — Exterior Signage

No neon, flashing lights, or similarly noxious or obtrusive lighting effects. Exterior signage may not contain a marihuana leaf image or commonly recognized symbol, nor utilize the words: marihuana, marijuana, Mary Jane, weed, cannabis, blunt, doobie, joint, hooch, hash, or other slang for marihuana.

Article 12 — Denial and Revocation

An application is denied if it does not meet the Ordinance. A permit may be revoked after an administrative hearing for violation of this Ordinance or adjudicated state law violation. Notice of hearing must be given 7 calendar days before by first class mail. Revocation must be reported to the Agency within 7 calendar days.

Articles 13–16 — No Vested Rights; Penalties; Severability; Repealer

No vested rights or nonconforming use rights serve as a basis for non-compliance. Violations are civil infractions punishable up to $500.00 per violation; each day is a separate offense. Violators are responsible for the City's actual attorney fees. Nothing limits the Act, which supersedes upon conflict. This Ordinance repeals and replaces former Section 5.8.

Section 5.9 — Regulation of Fireworks

The Michigan Fireworks Safety Act (Act 256 of 2011, effective January 1, 2012) legalized consumer fireworks sales and delegated limited control over use to local communities.

Definitions

• Consumer Fireworks: fireworks devices designed to produce visible effects by combustion, complying with U.S. Consumer Product Safety Commission regulations (16 CFR Parts 100 and 1507) and listed in APA Standard 87-1, 3.1.2, 3.1.3, or 3.5. Excludes low-impact fireworks.
• APA Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
• Low-impact fireworks: ground and handheld sparkling devices per APA Standard 87-1 §§ 3.1, 3.1.1.1–3.1.1.8 and 3.5.

Use of Consumer Fireworks Permitted Times

No person shall ignite, discharge, or use consumer fireworks in the City of Caspian except within the below times and dates:

1. December 31st between 11 a.m. and 1 a.m. on January 1st.
2. The Saturday and Sunday immediately preceding Memorial Day, between 11 a.m. and 11:45 p.m. each day.
3. June 29th through July 4th, between 11 a.m. and 11:45 p.m. each day.
4. July 5th, if that date is a Friday or Saturday, between 11 a.m. and 11:45 p.m.
5. The Saturday and Sunday immediately preceding Labor Day, between 11 a.m. and 11:45 p.m. each day.

Fireworks Safety

No person shall recklessly endanger the life, health, safety, or well-being of any person by ignition, discharge, or use of consumer fireworks.

Violations, Fines and Penalties

Any person violating this ordinance shall be deemed to have committed a civil infraction and shall be ordered to pay a civil fine of $1,000.00, plus costs of prosecution. Upon payment or collection, $500.00 of the fine shall be remitted to the local law enforcement agency responsible for enforcing the ordinance.

Effective Date

This Ordinance shall take effect September 16, 2019.

Chapter VI — Animals

Section 6.1 — Dog Control Ordinance

Section 1 Title "Caspian Dog Control Ordinance."

Section 2 — Definitions

1. Owner: any person who (1) harbors or keeps any dogs; (2) has a right or property interest in any dog; or (3) permits any dog to remain about owned/occupied premises for five days.
2. Custodian: a person who has charge of the dog.
3. Dangerous Dog: a dog that bites or attacks a person, or other dog and as a result of the bite or attack punctures the person's skin or coat of the other dog drawing blood. A Dangerous Dog does not include:
   1. A dog that bites/attacks a trespasser on the dog owner's property.
   2. A dog that bites/attacks a person who provokes or torments the dog.
   3. A dog responding in a manner that an ordinary, reasonable person would conclude was intended to protect an owner engaged in lawful activity or being assaulted.

Section 3 Licensure It is unlawful to keep any dog three (3) months of age or older within the City unless the dog is licensed and wearing a collar to which the license is attached as provided by Michigan law.

Section 4 Noise Control No person shall keep any dog whose loud, frequent, or persistent barking, howling, or yelping causes annoyance, disturbance, or nuisance to neighbors.

Section 5 Leash Requirements Owners shall not permit dogs to run unleashed on public property or unauthorized private property. When removed from owner's premises, the dog shall be on a leash not more than 8 feet long in custody of a responsible person, or be securely held in a kennel or closed motor vehicle. Law enforcement may seize any dog running at large.

Section 6 Removal of Dog Excrement Owners or custodians shall pick up, remove, and properly dispose of all excrement when the dog is off the owner's premises.

Section 7 Confinement No structure, pen, or coop for confining dogs shall be unsanitary, malodorous, or obnoxious, and shall not be located nearer than 15 feet to any property line nor in violation of Article XXIV of the Caspian Zoning Ordinance.

Section 8 — Enforcement

Caspian City Police Officers are the primary enforcing agents.

1. Dangerous Dog Enforcement. Upon a sworn complaint and finding of probable cause, officers may seek a civil complaint and may seize the dog, placing it at the Northwoods Animal Shelter pending court order at the owner's expense.
2. Dangerous Dog Disposition. The Court may order any of the following based on severity and history:
   1. Destruction of the dog at owner's expense.
   2. Dog kept on owner's property using methods preventing escape and contact with anyone other than the owner.
   3. Rabies vaccination and license worn by the dog.
   4. Liability insurance maintained by the owner.

Section 9 Seizure Officials may seize any dog in violation and place it at the Northwoods Animal Shelter at the owner's cost.

Section 10 Severability Invalidity of any section shall not affect the remaining Ordinance.

Section 2(c) and 8(a) & (b) added by amendment. Amended 11/11/20; Published 11/18/20; Effective 12/9/20.

Section 6.2 — Cat Control Ordinance

Section 1 Title "Caspian Cat Control Ordinance."

Section 2 — Definitions

Owner = any person who harbors or keeps cats, has a property interest in a cat, or permits a cat to remain on owned/occupied premises for five days. Custodian = a person who has charge of the cat.

Section 3 Noise Control No person shall keep a cat whose loud, frequent, or persistent moaning, calling, or screeching disturbs neighbors.

Section 4 Leash Requirements Cats shall not run unleashed on public or unauthorized private property; when off premises, cats shall be on a leash not more than 8 feet long, in a kennel, or in a closed motor vehicle. Law enforcement may seize cats running at large.

Section 5 Removal of Cat Excrement Required when cat is off owner's premises.

Section 6 Confinement Cat confinement structures must not be unsanitary or obnoxious; not located nearer than 15 feet to any property line; subject to Caspian Zoning Article XXIV.

Section 7 Enforcement Caspian City Police Officers are the primary enforcing agents.

Section 8 Seizure Cats violating Section 5 may be seized and placed at the Iron County Animal Shelter at the owner's cost.

Section 9 Severability Invalidity of any section shall not affect the balance.

Section 6.3 — Livestock and Farm Animals

The City has established this Farm Animal Ordinance to protect public health and safety. Farm animal ownership is prohibited and considered a public nuisance within the City.

Definitions

• Farm Animals: includes (without limitation) cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, pigs, sheep, roosters, chickens, hens, llamas, alpacas, pigeons, and turkeys.
• Ownership: includes feeding, housing, storing, stabling, raising, and breeding any of the above.

Prohibited Acts. It is unlawful for any person to knowingly undertake ownership of any Farm Animal within the City, on private or public property.

Exception. The prohibitions do not apply to such ownership occurring on property zoned Agricultural and in compliance with Article XXIV of Caspian's Zoning Ordinance.

Section 6.4 — Animal Nuisance Ordinance

Section 1 It is unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. Excessive, continuous, or untimely barking; molesting passersby; chasing vehicles; habitually attacking other domestic animals; trespassing upon school grounds; or trespassing upon private property in such manner as to damage property, shall be deemed a nuisance.

Section 2 No proceedings shall be instituted unless there have been 2 complaints made within a 30-day period, signed by at least two adult persons and investigated by the Caspian City Police Department.

Section 6.5 — Feeding of Wild Animals and Birds

The City has established this Wild Animal Ordinance to protect public health and safety, prevent contamination of drinking water supplies, beaches, swimming facilities, and private property, and to address hazards to motorists and residents.

Definitions

• Wild Animals and Birds: include deer, moose, bear, coyote, fox, wolf, raccoon, pine marten, ducks, geese, swans, seagulls, crows, turkeys, and pigeons.
• Deer: any ruminant of family Cervidae having deciduous antlers (usually in male only).
• Feed / feeding: the intentional act of furnishing or making available food, hay, forage product, supplement, or other substance likely to be consumed by certain animals/birds/waterfowl.
• Natural unintentional feeding: food or substances consumed by wildlife produced by or existing in nature.

Prohibited Acts. It is unlawful for any person to knowingly or intentionally keep, maintain, or cause to be fed wild animals/birds/waterfowl as defined, on private or public property, except as permitted below.

Exceptions

Does not apply to: feeding activities supervised by the City in connection with City parks or wildlife management; a single above-ground suspended bird feeder holding no more than 10 pounds of seed (provided the food/manner does not attract animals/birds/waterfowl as described); cultivation of lawn, garden, or landscaping; or natural unintentional feeding.

Chapter VII — Miscellaneous

Section 7.1 — Skateboards

Definitions

• Skateboard: a board of any material with wheels affixed, designed to be ridden. Includes "scooter" and "coaster."
• Riding a Skateboard: standing with one or both feet touching the skateboard, crouching, sitting, or lying upon it while in motion, and/or propelling it.
• Negligent Maneuver: any maneuver that may or causes injury to a person (including the rider) and/or damage to property, and/or any maneuver that threatens such injury or damage.

Skateboarding Prohibited

It is unlawful to ride a skateboard in a designated prohibited area or in a negligent manner.

Areas of City Where Skateboarding Is Prohibited

1. City Hall and City Hall grounds (sidewalks, parking, driveway, stairs, rails, yards).
2. City Garage and City Garage grounds.
3. Apple Blossom Trail (trail, shoulders, surrounding area).
4. Caspian Avenue from County Road 424 to Brady Avenue.
5. Brady Avenue.
6. Sidewalks adjacent to said avenues and streets.

Negligent Skateboarding

Riding a skateboard in a negligent manner anywhere in the City is a violation.

Compliance with Traffic Regulations

Where not prohibited, skateboarding must comply with traffic and pedestrian regulations.

Uncontrolled Skateboard Prohibited

Any skateboard out of the direct physical control of the owner or used while in motion anywhere in the City is in violation and subject to seizure and forfeiture.

Seizure and Forfeiture

Where a law enforcement officer has probable cause to believe a skateboard was used or intended for use in violation, the skateboard is subject to seizure and forfeiture. Forfeiture shall be deemed complete unless the owner requests a hearing before the Magistrate.

Penalties

In addition to fines and costs, a violator shall be responsible for restitution for any damage caused.

Section 7.2 — Shipping / Storage Containers

The City of Caspian has established this regulation due to the increased availability and use of storage and shipping containers by the general public.

Definitions

• Shipping Container: metal containers used to ship goods internationally and by Rail, Truck, or Ship. Generally have doors at one end, in excess of 37 cubic yards. Includes Semi-Truck box trailers with or without axles and wheels and regardless of valid registration.
• Storage Container: any container made of various materials used for storage and/or transportation of personal property, goods, and/or materials.

Shipping and Storage Containers Prohibited

It is unlawful for any person to possess and/or place a shipping or storage container on property within the City of Caspian, except consistent with the below terms.

Permits

A permit is required to locate any Shipping or Storage Container in the City. Each permit shall describe the Container by serial number and/or color and dimensions, describe the location, confirm zoning setbacks are met, and include the name, address, and telephone number of the container's owner. Each permit shall cost $50, paid in advance.

Zoning

Shipping or Storage Containers shall only be located long term in an industrial or agricultural zoned district. Containers may be located temporarily (less than 30 days) within any zoned district so long as compliance with accessory-building zoning rules is met and the purpose is to assist with moving the current/future resident or temporary storage of the resident's personal property.

Advertising / Appearance

No containers shall be used for any advertising purposes.

Stacking

Shipping and Storage Containers shall not be stacked above the height of a single container.

Penalties

In addition to any fines and costs, violators shall be responsible for reimbursement and/or restitution for any damage caused.

Pre-existing Nonconforming Structures

Structures defined above and in existence prior to adoption are considered nonconforming and may continue in current size and location. If moved, destroyed, or in violation of another city ordinance, the structure loses its status; removal will be required and replacement prohibited.

Adopted on the 11th day of November, 2020. Signed: John Stokoski, Caspian City Manager. Adopted 11/11/2020; Published 11/18/2020; Effective 12/9/2020. Amendments to Zoning and Advertising paragraphs Adopted 8/10/2022; Published 9/14/2022; Effective 10/4/2022. Further amendments Adopted 1/11/2023; Published 1/25/2023; Effective 2/14/2023.

Chapter VIII — Zoning

Section 8.1 — Caspian Zoning Ordinance — Table of Contents

A condensed reference to the articles and sections of the Caspian Zoning Ordinance. The full text appears in Section 8.2.

• Article I — Name
• Article II — Purpose
• Article III — Regulation of Use
• Article IV — Annexation
• Article V — Essential Services
• Article VI — Pre-Existing Non-Conforming Use
• Article VII — Non-Conforming Use Due to Re-Classification
• Article VIII — Termination of Non-Conforming Use
• Article IX — Restoration of a Non-Conforming Building or Structure
• Article X — Repairs
• Article XI — Unlawful Use Not Authorized (incl. Visual Address)
• Article XII — Zoning Board
• Article XIII — Zoning Board of Appeals
• Article XIV — Zone Districts
• Article XV — Zone District Map
• Article XVI — Zoning Administrator
• Article XVII — Permits
• Article XVIII — Variance
• Article XIX — District Permitted Uses and Requirements
• Article XX — Yards
• Article XXI — Lot Lines
• Article XXII — Accessory Buildings
• Article XXIII — Signs
• Article XXIV — Animals
• Article XXV — Basement / Temporary Dwelling
• Article XXVI — Building Height
• Article XXVII — Corner Lots
• Article XXVIII — Fences, Walls, Shrubbery and Visibility
• Article XXIX — Lighting and Screening Requirement
• Article XXX — Parking and Deliveries
• Article XXXI — Repair and Storage of Machinery and Vehicles
• Article XXXII — Mobile Homes
• Article XXXIII — Planned Unit Development
• Article XXXIV — Appeals
• Articles XXXV–XLI — Validity, Violations, Amendments, Effective Date, Adoption, Certification

Section 8.2 — Zoning Provisions

An Ordinance to establish zoning districts in the City of Caspian, Iron County, Michigan, in accordance with Public Act 207 of the Public Acts of Michigan of 1912, as amended.

Article I — Name

The Ordinance shall be known and cited as the City of Caspian Zoning Ordinance.

Article II — Purpose

The fundamental purpose is to promote the public health, safety, morals, and welfare of residents by dividing the City into districts where uses of lands, buildings, and structures are regulated. Regulations consider district character, suitability, conservation of values and natural resources, capacity to provide adequate services, and general trend of development, as authorized under Public Act 207 of 1912.

Article III — Regulation of Use

No person shall use any land, building, or structure except as provided by this Ordinance.

Article IV — Annexation

Property annexed to the City shall be designated Single Family Residential District A-1, unless and until otherwise designated by amendment.

Article V — Essential Services

Erection, construction, alteration, or maintenance of facilities, buildings, or structures by public utilities, municipal departments, and commissions for the public health, safety, morals, or general welfare are exempt.

Article VI — Pre-Existing Non-Conforming Use

Lawful uses existing at the time of passage may continue. No pre-existing non-conforming use may be extended, added to, or altered unless the change conforms.

Article VII — Non-Conforming Use Due to Re-Classification

Uses becoming non-conforming due to reclassification are treated as lawful non-conforming uses existing at the effective date.

Article VIII — Termination of Non-Conforming Use

If a non-conforming use is not made for a continuous period of one (1) year, the use is terminated; future use must conform.

Article IX — Restoration of a Non-Conforming Building or Structure

No person shall restore or replace a non-conforming building when expenditures within any one-year period exceed 50% of the total replacement cost.

Article X — Repairs

Repairs and maintenance to keep a non-conforming building structure in sound condition shall be made in conformity.

Article XI — Unlawful Use Not Authorized

Nothing in this Ordinance authorizes use violating any prior Zoning Ordinance.

Section 11.1 — Visual Address

Each residence shall have its street address posted in minimum 3-inch numbers contrasting with the residence color, clearly visible from the street the residence faces. Each accessory or commercial building on a parcel without a residence shall have its street address posted in 3-inch contrasting numbers visible from the street the building faces.

Article XII — Zoning Board

A five-member Zoning Board, appointed annually by the City Commission (legal residents of legal age, with the Zoning Administrator as one member), advises the City Commission on zoning matters. The Board meets twice annually (January and July). The Commission shall not act on zoning amendments without first submitting them to the Board for a public hearing and recommendation. Recommendations are advisory only.

Article XIII — Zoning Board of Appeals

A five-member Zoning Board of Appeals (initial staggered terms 1/2/3 years; thereafter 3-year terms; legal residents of legal age; not Commissioners; one member of the Zoning Board, but not the Zoning Administrator) hears appeals as provided herein and by Statute.

Article XIV — Zone Districts

Article XV — Zone District Map

The Zone District Map showing the above districts is part of this Ordinance. (See Section 8.3.)

Article XVI — Zoning Administrator

Provisions are administered by a Zoning Administrator (a legal resident of legal age, generally the City Manager unless otherwise designated). Term: one year, at the Commission's pleasure. Duties include receiving permit, variance, and PUD applications; reviewing and granting/denying applications; enforcement; and acting as recording secretary to the Zoning Board.

Article XVII — Permits

17.1 Permits are required for any use, change of use, modification, construction, destruction, repair, remodeling, renovation, or conversion of any building, structure, or land.

17.2 The Zoning Administrator issues permits for permissible uses; variances and PUDs follow separate procedures.

17.3 Other required permits (e.g., advertising signs) follow the same procedure.

17.4 Applications must be in duplicate with fee.

17.5 Owner files application with detailed scaled plans/specifications.

17.6 Decision within 10 business days; failure to decide is deemed a denial. If granted, a permit is delivered to the applicant.

17.7 Permits expire after 12 months without commencement; renewable.

17.8 Permits may be revoked or canceled for non-compliance or false statements; cessation required within 10 days of mailed notice.

17.9 Denial may be appealed to the Zoning Board of Appeals.

Article XVIII — Variance

18.1 Application includes a scaled plan and written explanation showing extraordinary circumstances; preservation of substantial property rights; non-impairment of intent; non-general/recurrent conditions; compatibility with adjacent uses; and consistency with public health, safety, and welfare.

18.2 Hearings and Notice A public hearing within 60 days of filing. Notice to property owners and occupants within 300 feet, plus newspaper publication 5–15 days before consideration.

18.3 Prerequisites for Variance All four findings must be made: extraordinary circumstances; necessity for substantial property rights; non-substantial detriment to adjacent property; and condition not so general as to make a regulation practical.

18.4 Conditional Variance Conditions may be attached to protect public health/safety/welfare. Breach automatically invalidates the variance and any related permit. Only the minimum variance necessary may be granted.

18.5 Decisions Within 15 days of the hearing, the Zoning Board of Appeals shall deny, approve, or approve with conditions, with a written report.

Article XIX — District Permitted Uses and Requirements

19.1 Single Family Residential District A-A

(a) Permitted Uses: single-family residential; certain professional and personal services (architectural, accounting, chiropractic, dental, dressmaking, hygiene/grooming, engineering, legal, medical, osteopathic, physical therapy, real estate, stockbroker) provided inside the principal building serving as the provider's primary residence, with no more than one non-resident assistant working simultaneously, no retail sales, and no outward indication; publicly owned parks and playgrounds; one accessory building or structure.

(b) Restrictions: Floor area of principal building ≥ 1,400 sq ft. Lots ≥ 9,000 sq ft, ≥ 75 ft minimum width and ≥ 120 ft minimum depth. Setbacks: front 20 ft, rear 20 ft, side 10 ft (≥ 20 ft from curb of any abutting street). Larger lots have proportionally larger setbacks (20,000 sq ft lots: 22-ft front, 22-ft rear, 20-ft side; 27,000 sq ft lots: 25-ft front, 22-ft rear, 20-ft side). Smaller pre-existing platted lots use proportional setbacks.

19.2 Single Family Residential District A-1

Permitted uses similar to A-A. Floor area ≥ 1,000 sq ft. Lots and setbacks as in A-A.

19.3 Multi-Family Residential District A-2

(a) Permitted Uses: A-1 uses; up to four (4) residences; child-care, nursery, and day care; temporary tourist bed and breakfast (≤ 8 lodgers, at proprietor's residence, full state-law compliance); churches, schools, recreational, civic, social, and fraternal buildings.

(b) Restrictions: Floor area ≥ 600 sq ft per residential unit. Yard setbacks as A-1.

19.4 Apartment District A-3

(a) Permitted Uses: A-1 and A-2 uses; apartments without numerical limit on units.

(b) Restrictions: Floor area ≥ 400 sq ft per residential unit. Yard setbacks as A-1.

19.5 Agricultural District A-4

(a) Permitted Uses: A-1, A-2, A-3 uses; raising and cultivation of livestock, plants, produce, or any item lawful for human consumption or use (cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, sheep, chickens, roosters, turkeys, guinea hens, ducks, geese, wild game); greenhouses; retail sale of products produced on the premises that aid production; dog kennels.

(b) Restrictions: Floor area as A-2. Yard setbacks as A-1, with non-residential buildings/structures requiring a minimum 60-ft front setback.

19.6 General Business District B

(a) Permitted Uses: A-1 and A-2 uses; lawful wholesale or retail sale of goods/services (motels, hotels, libraries, greenhouses, parking lots, restaurants, taverns, drive-in eateries, motor vehicle service stations); assembly-only manufacturing; warehouse facilities.

(b) Restrictions: Lots ≥ 6,000 sq ft, ≥ 60 ft minimum width, ≥ 100 ft minimum depth. Setbacks: front 10 ft, rear 10 ft, side 10 ft (≥ 20 ft from curb of any abutting street). Common walls prohibited.

19.7 Industrial District C

(a) Permitted Uses: All uses permitted in B except no residential use; all types of manufacturing operations; gravel and mineral exploration, extraction, removal and mining; junkyards; all types of industrial operations.

(b) Restrictions: Lots ≥ 42,849 sq ft, ≥ 207 ft minimum width and depth. Setbacks: front 60 ft, rear 30 ft, side 20 ft.

Article XX — Yards

Defines front, side, and rear yards relative to the principal building's façades and lot lines.

Article XXI — Lot Lines

Front lot line is adjacent and closest to the address-listed street. Side lot lines are other than front and rear. Rear lot line is parallel to and furthest from the front lot line.

Article XXII — Accessory Buildings

Accessory buildings, structures, or wood piles may be built on side or rear yards (subject to the principal building's setbacks). None may be located in any front yard. Only one accessory building may be located on any lot without a principal building.

Article XXIII — Signs

23.1 Restrictions by district: A-A, A-1, A-2 = 1 sq ft; A-3, A-4, B = 16 sq ft; C = 50 sq ft.

23.2 All signs must comply with height restrictions; none closer than 10 ft from an adjoining property line; none in required setback areas; positioned parallel to the principal building.

23.3 No sign within 50 ft of any other sign.

23.4 Yearly permit required for advertising signs; fee set by City Commission.

23.5 Political/campaign signs may not be posted earlier than 3 months before an election and must be removed within 10 days after.

23.6 Lighted signs prohibited in A-A, A-1, A-2, A-3. Flashing, rotating, oscillating, and self-illuminating signs are prohibited.

Article XXIV — Animals

24.1 Dogs: Allowed in any District. Maximum four (4) per residential unit in A-A, A-1, A-2, A-3. More than two requires a secure kennel ≥ 50 sq ft per dog, located in side/rear yard subject to setbacks.

24.2 Cats: Allowed in any District; maximum four per residential unit in A-A, A-1, A-2, A-3; more than two requires kennel ≥ 25 sq ft per cat.

24.3 Dogs and Cats: If combined more than two, at least one kennel meeting dog requirements is required.

24.4 Rabbits: Maximum one per residential unit in A-A, A-1, A-2, A-3; more than one requires a secure pen ≥ 25 sq ft per rabbit.

24.5 Livestock and Wild Game: No livestock (cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, sheep, chickens, roosters, turkeys, guinea hens, ducks, geese, wild game) shall be maintained in A-A, A-1, A-2, A-3, B, or C.

Article XXV — Basement / Temporary Dwelling

25.1 The use of a basement (or basement of a partially built/planned building) as a residence is prohibited in all zones.

25.2 A travel trailer may be used as a temporary dwelling in any District other than B and C, only with a temporary dwelling permit (≤ 1 year), with extensions allowed at the Zoning Board of Appeals' discretion. The trailer must comply with setbacks and be fully connected to City water and sewer services. Use of a travel trailer as a permanent dwelling is otherwise prohibited.

Article XXVI — Building Height

26.1 Maximum: lesser of 35 feet or 2-1/2 stories in any District (no height restriction in C; restriction does not apply to silos and farm barns in A-4).

26.2 Chimneys, antennas, flagpoles, spires, and cupolas are exempt.

Article XXVII — Corner Lots

Lots where the side yard abuts a street are deemed to have two front yards (the side yard abutting the street is the second). Front-yard requirements apply equally.

Article XXVIII — Fences, Walls, Shrubbery and Visibility

Fence-erecting owners hold the City harmless for damage during routine City operations (road maintenance, plowing, water/sewer line work).

28.1 Front and street-abutting side yards: ≤ 3 ft fences/walls/shrubbery. Trees excepted; corner-lot visibility: nothing over 30 inches that obstructs clear view within 20 ft of intersecting streets.

28.2 Side and rear yards: ≤ 6 ft, except in District C.

28.3 Fences/walls/shrubbery shall be ≥ 10 ft from an adjoining Zone District.

28.4 Side-yard setback: 2 ft (20 ft if abutting street/alley).

28.5 Shrubbery measured from perimeter of growth.

28.6 Wire-strand or trip-wire fences prohibited.

28.7 Finished side faces outward.

Article XXIX — Lighting and Screening Requirement

Premises lighting shall not illuminate adjoining premises or abutting streets so as to constitute a nuisance. In B or C, lighting must be screened from A-A, A-1, A-2, A-3, or A-4 premises by either: (1) compact evergreen/shrubbery/hedge planting ≥ 4 ft tall; or (2) opaque wall or fence ≥ 5 ft tall (subject to other height restrictions).

Article XXX — Parking and Deliveries

30.1 Requirements: A-A and A-1: minimum one parking space. A-2 and A-3: at least one space per residential unit. B and C: at least one space per simultaneously employed employee, plus customer parking based on greater of 1 space per 4 customers at maximum occupancy or 1 space per 200 sq ft of customer-accessible floor area.

30.2 Deliveries: Regular deliveries shall be made at the rear of the premises. Loading docks and bays shall be at the rear.

30.3 No portion of a front yard may be used for required off-street parking in A-A, A-1, or A-2; no portion of any required setback may be used for parking.

30.4 Size: 20 ft × 8 ft minimum per space; access ways do not count.

30.5 Drainage shall not damage adjoining property or roads.

30.6 Setback: Parking ≥ 5 ft from property line.

30.7 Screening: Required where B or C parking adjoins residential or A-4: ≥ 4 ft compact planting or ≥ 5 ft opaque wall/fence.

30.8 Parking facilities shall not be reduced below required minimums unless replaced within 300 ft.

Article XXXI — Repair and Storage of Machinery and Vehicles

31.1 Front yards and street-abutting side yards in A-A, A-1, A-2, A-3, B, and any required setback in any District shall not be used for repair or storage.

31.2 Definitions: Machinery and vehicles include automobiles, trucks, trailers, motorcycles, watercraft, all-terrain vehicles, tractors, machines or tools weighing over 50 lbs, or any parts.

31.3 No more than 4 items of outdoor stored machinery or vehicles in A-A, A-1, A-2.

31.4 Permissive Activities: outdoor storage permitted only in rear yard (excluding setback) in A-A, A-1, A-2, A-3, B; items must be tarped/covered; outdoor storage of inoperable items limited to ≤ 30 days (or repair time, whichever is shorter); items must be safely maintained (no broken glass, no enclosed spaces accessible to children, no accessible hazards); when more than 4 items are stored, screening required (≥ 5 ft compact planting or ≥ 5 ft fence/wall).

31.5 Extension Permit: If an inoperable item cannot be removed within 30 days for reasons beyond the owner's control, an extension permit (not more than 15 additional days) may be obtained from the Zoning Administrator for a fee.

31.6 Storage Defined: Items remaining on premises 3 days or more.

Article XXXII — Mobile Homes

Permanent mobile home use in any District requires a zoning permit. Installation per manufacturer's instructions; wheels removed; anchored per Michigan Mobile Home Commission requirements. Otherwise, applicants must seek a variance or PUD approval.

Article XXXIII — Planned Unit Development

Allows flexible regulation, innovation, and variety. Application includes a scaled plan plus a written text addressing twelve criteria (including a 10-acre minimum size, allowable use mix, density limits, departures from zoning standards, common space, services, public service capacity, compatibility, neighborhood effects, water/sewer impact, insulation of A-A/A-1/A-2/A-3, and continuity of theme on resale). Public hearing within 60 days; notice to owners/occupants within 300 ft. Decision in 15 days. Planned unit developments may not be located in District C.

Article XXXIV — Appeals

Decisions of the Zoning Administrator may be appealed by an owner/occupant directly affected or within 300 ft, in writing within 15 days. Hearings before the Zoning Board of Appeals within 30 days; decisions in 15 days (with default-deny if not mailed). Appeals from the Zoning Board of Appeals to Michigan courts as provided by statute.

Articles XXXV–XLI

Conflicting ordinances repealed. Violations: misdemeanor; fine up to $100, or imprisonment up to 90 days, or both, plus costs (each day a separate violation). Amendments per law. Severability. Effective October 1, 1988, with amendments effective September 16, 2019.

Adoption / Certification

Adopted by the Caspian City Commission on August 31, 1988 and amended and codified into Caspian's City Code of Ordinances on August 14, 2019. Certification on August 14, 2019 by John Stokoski, City Manager.

Section 8.3 — Zoning Map

Section 8.3 contains the official Zoning Map of the City of Caspian, Iron County, Michigan, prepared in conjunction with Zoning Ordinance Number 68 (adopted by the Caspian City Commission on August 31, 1988; effective October 1, 1988). The map indicates the following zone districts:

The authenticated map (signed by Edward Battye, Mayor and Rosalie King, Clerk; subscribed and sworn before notary Denise D. Townsend on January 25, 1989) shows district boundaries throughout the City, including the Stambaugh Sewage Treatment Plant area (north), the Industrial Park (zoned C), the Iron County Museum and Caspian Athletic Association areas (zoned A-3), the residential core south of Caspian Road (predominantly A-2 with A-1 and A-A pockets), and the Berkshire Heights / Baltic Avenue residential area to the east. Caved-ground and areas marked on the map are noted on the original document.

Note: The Zoning Map is a graphical document and is referenced here in textual summary form; consult the Caspian City Clerk for the authoritative map.

Resolutions

2021 — Resolution Extending Poverty Exemptions to 2023 (Adopted 2-10-21)

Adopted at a meeting of the Caspian City Council duly held and convened on February 10, 2021 at which a quorum was present.

Therefore, be it resolved: That persons granted a Poverty Exemption in 2019 or 2020 are allowed to carry forward the exemption to 2021, 2022, and 2023. These persons receive a fixed income solely from public assistance not subject to significant annual increases (Federal Supplemental Security Income, Social Security disability, or retirement benefits).

New exemptions granted in 2021, 2022, or 2023 will remain exempt for up to three (3) years for persons who receive a fixed income.

If the person meets all eligibility requirements in statute, the Board of Review must grant a full exemption (100% reduction in taxable value) or a partial exemption (25% or 50% reduction) or any other percentage reduction approved by the State Tax Commission (STC).

Mayor: Matt Jacks. Members: Michael Stachowicz (Absent), Mark Stauber, Robert Ketchum, Robert Remondini.

City of Caspian Resolution Adopting Five Year Recreation Plan (2022–2027)

WHEREAS, The City of Caspian has undertaken a planning process to determine the recreation and natural resources conservation needs and desires of its residents during a five-year period covering the years 2022 through 2027; and

WHEREAS, the Caspian Recreation Committee is made up of representatives from the Caspian City Commission, local residents, and representatives of local recreation boards;

WHEREAS, the City of Caspian began the process of developing a community recreation and natural resources conservation plan in accordance with the most recent guidelines developed by the Department of Natural Resources;

WHEREAS, residents were provided with a well-advertised opportunity during the development of the draft plan to express opinions, ask questions, and discuss all aspects of the recreation and natural resources conservation plan;

WHEREAS, the public was given a well-advertised opportunity and reasonable accommodations to review the final draft plan for a period in excess of 30 days;

WHEREAS, a public hearing was held on September 14, 2022 at the Caspian Fire Hall;

WHEREAS, the City of Caspian has developed the plan as a guideline for improving recreation and enhancing natural resources conservation; and

WHEREAS, after the public hearing, the Caspian City Commission voted to adopt the presented Recreation Plan.

NOW, THEREFORE BE IT RESOLVED the City of Caspian hereby adopts the City of Caspian Recreation Plan for years 2022 – 2027.

Yeas: 3, Nays: 0, Absent: 2. I, John Stokoski, City Manager, do hereby certify that the foregoing is a true and original copy of the resolution adopted by the City of Caspian's City Commission at their regular meeting held on the 12th day of October, 2022.

Other Resolutions Referenced in the Code

• 2017 — Resolution adopting distribution of special assessment levy for fire protection.
• 2018 — Resolution regarding medical marihuana facilities licensing act.
• 2018 — Resolution waiving penalties for late filing of property transfer affidavits.
• 2019 — Resolution regarding indemnity of City officers, employees, and commissioners.
• 2020 — Resolution regarding fire insurance escrow and withholding.
• 2021 — Resolution Regarding Permit Fees for Commercial Marihuana Establishments.
• Resolutions setting water rates, sewer rates, garbage collection rates, and permit fees (rate-setting resolutions on file with the Caspian City Clerk).