‘Approved, SCAO STATE OF MICHIGAN: JUDICIAL DISTRICT ORDERREGARDING 30th = JUDICIAL CIRCUIT ALTERNATE SERVICE COUNTY PROBATE con wires Coat aap We 313 W, Kalamazoo Stret, Lansing, ML 48933 (517) 483-6500 (Fan name(s), aaron). ad waphone no) Defendant vate, ares), and lrhore ot. “AURELIOS TOWNSHIP, a Michigan penetl act township, TEREMY SHEPARD 1939 South Aurelius Road v__ [1765 South Aurelius Road Mason, MI 48854 Mason, MI 48854 (517) 628-2093 Plants atomey, bar o., address, and telephone no. DAVID M. REVORE 68929 i Bauckham Sparks Thall Seeber & Kaufman P.C. £836 Centennial Way, Suite 170, Lansing, MI 48917 (517) 993-6686 ‘THECOURTFINDS: 11. Service of process upon the defendant, JEREMY SHEPARD cannot reasonablybe made asprovidedin C]MCR2.105 — C]MCR2.107(8\1Xb) __and service of process maybe madeina manner thatis reasonably calculatedto give the defendantactualnotice ofthe proceedings andan opportunity tobe heard. ITISORDERED: Ze. Service ofthe isummons and complaint Wlother: Order To Show Cause {and a copy ofthis order shall be made by the following methou(s) (Zh. First-class mailto 1765 South Aurelius Road, Mason, MI 48854 (Db. Tacking or firmly affixing to the gate at 1765 Sox ™ le. Delverngat 4 ~toamember of the defendant’ shi is of suitable age and discretion to receive process, with instructions to deliver it promptly tothe defendant. ‘Aurelius Road, Mason, MI 48854 Od. Other: For each method used, proof of service must be fled premptly with the court. (13. The motion for altemate service is denied. RICHARD J. GARCIA LAIS LIS ee ms Barns, ‘Mc 304 2108) ORDER REGARDING ALTERNATE SERVICE MCR 2.103, MCR 2.105Original Court ‘st copy - Serving party Approved, SCAO 2nd copy - Ext ‘STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT MOTION AND VERIFICATION 18.644.CZ, 30h JUDICIAL CIRCUIT FOR ALTERNATE SERVICE COUNTY PROBATE Court address Court Telophone ha. 313 W. Kalamazoo Street, Lansing, MI 48933, (517) 483-6500, Pian nama), address(es), and telephone no) [Defendant name(s), adaresses), and Wlephone not). AURELIUS TOWNSHIP, a Michigan general act township, JEREMY SHEPARD 1939 South Aurelius Road y | 1765 South Aurelius Road ‘Mason, MI 48854 ‘Mason, MI 48854 (S17) 628.2093 {mn the matter of 1. Service of process upon JEREMY SHEPARD 28 otherwise provided in MCR 2.105, as shown in the folowing verification of process server. 2, Defendant's last known home and business addresses are: cannot reasonably be made 1765 South Aurelius Road ‘Mason MI 48854 ome saaress iy Sate a Bushes address iy Sate cy a Ibetivetne [Thome ress shown above is curt a .Idonotknow the defendants current MOM sadross, "nave made te folowing ns iggscerain ne arent address: 3 Ss / 0 3 3. | request the court order service by alternate means. | declare that the statements above are true to the best of my’ October 10, 2018 Date £836 Centennial Way, Suite 170 ratios ‘Name (ype or pit) arn ansing, MI 48917 (517) 993-6686 a eae Torrone VERIFICATION OF PROCESS SERVER 1. Ihave tried to serve process on this defendant as described: State date, place, and what ocoured on each occasion, Please see attached Affidavit, ' declare that the statements above are true to the best of my information, knowledge, and belie. ‘See attached Afidavit of Process Servicer Matt Withers ‘Sinature Mathew Withers Process server (ype arpa) Mc 203 (a/11) MOTION AND VERIFICATION FOR ALTERNATE SERVICE MCR 2.105Affidavit of Attempted Service 30th Judicial Court Aurelius Township, a Michigan general act township v. CASE NO: 18-644-CZ Jeremy Shepard ADDRESS OF ATTEMPTED SERVICE: 1765 S, Aurelius Rd., Mason , Ml 48854 1) Process Server, Matt Withers, being first duly sworn depose and say: 2.) 1am duly authorized to attempt personal service of this matter upon the defendant at the address herein: 3,) Service of Process on the defendant cannot reasonably perfected: Wed 10/3@2:30pm | spoke wit the wife of the defendant who stated the defendant did lve there, but was not home at the Present time, Female resident then became hostile and began yelling at me that | was trespassing and | needed to move my vehicle. She continued to scream at me until | lft the property. Driveway gate was open and female resident was in her van by gate Fri 10/5 @4:32pm No answer, the driveway gate was closed. | eft my card on the number pa to gate. Sat 10/6 @9:51am No answer at residence, the driveway gate was closed. | left my card on the number pad to gate, Sun 10/7@1:17pm No answer at residence, the driveway gate was closed. | left my letter on the number pad to gate. ‘Tues 10/9@4:37pm | arrived onthe residence with the wife ofthe defendant yelling at another process server. The whole time | observed the female resident brandishing a hand gun. She remained hostile and yelled at us both for trespassing. The other process server who had his c..w. called Ingham County Police forthe female resident pointing the hand gun at him and going hostile. eft my card on the number pad to gate. 4) This Process Server attempted to serve the defendant at the address provided. 5.) declare that the above statement is true to the best of my information, knowledge, and belief. Dated: WED 10/10/18 Matt Withers, Process ServerSTATE OF MICHIGAN IN THE 30" CIRCUIT COURT FOR THE COUNTY OF INGHAM AURELIUS TOWNSHIP, RE-NOTICE OF ORDER A Michigan general act township, TO SHOW CAUSE HEARING Plaintiff, FILE NO. 18-644-CZ, HON. VISITING JUDGE v JEREMY SHEPARD Defendant. DAVID M. REVORE (P68929) CATHERINE P. KAUFMAN (P65412) BAUCKHAM, SPARKS, THALL, SEEBER & KAUFMAN, P.C. Attorneys for Plaintiff Vevay Township 836 Centennial Way, Suite 170 Lansing, MI 48917 (517) 993-6686 TO: Jeremy Shepard, Defendant PLEASE TAKE NOTICE that the Show Cause Hearing currently scheduled for October 19, 2018 at 1:30 p.m. has been re-scheduled for Friday, November 16, 2018 at 10:30 a.m. or as soon as counsel may be heard, before the Honorable Richard J. Garcia, Circuit Judge, 30 Circuit Court located at the courthouse 315 S. Jefferson, Mason, MI 48854, Dated: October 17, 2018 Drafted by: David M. Revore (P68929) Bauckham, Sparks, Thall, Seeber & Kaufman P.C, Altomeys for Plaintiff 836 Centennial Way, Suite 170 Lansing, MI 48917 (517) 993-6686STATE OF MICHIGAN IN THE 30 CIRCUIT COURT FOR THE COUNTY OF INGHAM AURELIUS TOWNSHIP, ‘A Michigan general act township, ORDER TO SHOW CAUSE Plaintiff, rieno. 18%._@44 cz . non. JUDGEMVISITING JEREMY SHEPHARD, Defendant. DAVID M. REVORE (P68929) CATHERINE P. KAUFMAN (P65412) BAUCKHAM, SPARKS, THALL, SEEBER & KAUFMAN, P.C. Attomeys for Plaintiff Vevay Township 836 Centennial Way, Suite 170 Lansing, MI 48917 (517) 993-6686 Ata session of said Court, Held at the Courthouse, in the City of Lansing in said County, State of Michigan, on this. day of September, 2018. PRESENT: HONORABLE RICHARD J. GARCIA CIRCUIT JUDGE THIS MATTER, having come before the Court on Plaintiff's Complaint To Abate Nuisance and Motion For Order To Show Cause, the Court being advised in the premises, NOW THEREFORE IT IS ORDERED that Defendant Jeremy Shephard, shall appear pefore this Court on [F*Miay of OLEH _, 2018, at_[!30_p m. and show cause as (Crore 2, Vicente Vien. Grunt Muat, 30 47. Katanazye 5¢, Lansing, Ht 49983.) to why the relief requested by Plaintiff in its Complaint should not be granted, Honorable Cireuit udseRAICHARD J. GAREHAOriginal - Court 2nd copy - Paint ‘Approved, SCAO ey Beet 31d copy Return ‘STATE OF MICHIGAN ‘CASE NO. JUDICIAL DISTRICT 30th JUDICAL eIRCUT ‘SUMMONS AND COMPLAINT 1 (44x COUNTY PROBATE our saareee STS W. Kalamazoo, Lansing, Michigan 48035 SS Coa aps. JUDGENVISITING “s17-423-ss00 i an) BST) BAT WTO TT Bendis ra, SECM, ard RFI nT). | AURELIUS TOWNSHIP, L a JEREMY SHEPARD Ja Michigan general act township 1765 South Aurelius Road 1939 South Aurelius Road, Mason, MI 48854 ‘Mason, MI 48854 (517) 628-2093 ° Piaintife allomey, bar no, address, and telephone no, David M. Revore (P-68929) /Bauckham, Sparks, Thall, Secber & Kaufman P.C. 1836 Centennial Way, Suite 170, Lansing, MI 48917 (S17) 993-6686 [SUMMONS | NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified: 7. You are being sued. 2. YOU HAVE 21 DAYS efter receiving this summons to file a written answer with the court and serve acopy on the other party cortake other lawful action with the court (28 daysif you were served by mail or you were served outside this state). (MCR2.111{C) 3. Ifyou do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint. I 72010 fis summons expires Cou dak TaRScATROUANOW FRITS bead ata dom hie document mus be stale by th sa of th court [COMPLAINT] instruction: The followings information thatis required tbe nthe caption ofevery complaint ands tobe completed By the plinth. Actual ellegtions andthe claim for reli must be steted on additional complain pages and attached fo this form. Family Division Cases (J Thereis nc other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family members of the parties. (C1 Anaction within the jurisdiction of the family division of the circuit court involving the family or family members of the parties has ES et ace Ci The action Llremains nolonger pending. The docket number and the judge assigned o the action are Docket no ude Baro, General Civil Cases [Theres no other pending or resolved civil action arising out ofthe same transaction or occurence as alleged in the complaint. A civil action between these parties or other parties arising out ofthe transaction or occurrence alleged in the complaint has been previously fled in Cour. The action [Jremains — | ]is no longer Dosket no. Baro, ‘VENUE Pianta) residence (nalude aly, township, oF vilaga) efendari(s) residence (clude Gly, township, & vilage) [Aurelius Township, Ingham County, Michigan [Aurelius Township, Ingham County, Michigan Place where action arose or business conducied JAurelius Township, Ingham County, Michigan LE) September 13, 2018 Date ignature of gomeyiplamti’David M. Revore (P-68929) Ifyou require special accommodations to use the court because of a disability or if you require a foreign language interpreterto help ‘you fully participate in court proceedings, please contact the court immediately to make arrangements, Mc.o1 (9108) SUMMONS AND COMPLAINT — MCR 2.102(6\11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C\2Na),(b), MCR 3.206(4)STATE OF MICHIGAN IN THE 30 CIRCUIT COURT FOR THE COUNTY OF INGHAM TOWNSHIP OF AURELIUS, a Michigan COMPLAINT TO ABATE general act township, NUISANCE AND MOTION FOR ORDER TO SHOW CAUSE Plaintiff, FILE NO. 18- _ 044 v UDGENI > Hon, SUUVENTOLING JEREMY SHEPARD, Defendant. DAVID M. REVORE (P68929) CATHERINE P. KAUFMAN (P65412) BAUCKHAM, SPARKS, THALL, SEEBER & KAUFMAN, P.C. Attorneys for Plaintiff 836 Centennial Way, Suite 170 Lansing, Michigan 48917 (517) 993-6686 ‘There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in this Complaint. NOW COMES Plaintiff, Aurelius Township, by and through its attorneys, Bauckham, Sparks, Thall, Seeber and Kaufinan, P.C., by David M. Revore, and for its Complaint against Jeremy Shepard states as follows: 1, Plaintiff, Aurelius Township is a Mi general act township and operating under the provisions of the General Township Act, MCL 41.1, et.seg., is organized and existing within the County of Ingham, State of Michigan. 2. Defendant Jeremy Shepard is the owner, and upon information and belief, resident of the subject property (the, “Property”) located within Aurelius Township, InghamCounty, Michigan, commonly known as 1765 S. Aurelius Road, Mason, Michigan, 3-09-09-26-301-003 and further described as: Parcel Number: Commencing 2867 feet South of the Northwest comer of Section 26, Town 2 North, Range 2 West, Aurelius Township, Ingham County, Michigan, thence East 384 feet; thence North 330 feet; thence West 384 feet; thence South 330 feet to the point of beginning, 2.91 acres. (The, “Property”.) JURISDICTION All matters relevant to this action occurred in the Township of Aurelius, the County of Ingham, in the State of Michigan, This matter is brought before the Court pursuant to Section 2940 of the Revised Judicature Act (‘Section 2940”), which states that “[a]ll claims based on or to abate ‘nuisance may be brought in the circuit court. The circuit court may grant injunctions to stay and prevent nuisance.” MCL 600.2940(1), Upon a finding of a private nuisance, Section 2940 grants the Court the authority to issue a “judgment for damages” as well as a “judgment that the nuisance be abated and removed unless the judge finds that the abatement of the nuisance is unnecessary.” MCL 600.2940(2). The Township adopted Ordinance No. 39, Chapter 16, to, in part, promote the public health, safety and general welfare of the residents. Violation of Ordinance No, 39, Chapter 16 is a nuisance per se. ‘Township Ordinance No. 39, Chapter 16, Section 16-40, provides in relevant part: (@) Enforcement. The zoning administrator or designee shall enforce the provisions of this chapter. Violations of any provision of this chapter is declared a nuisance per se. Any and all building or land use activities considered to be possible violations of the terms shall be communicated to the zoning administrator.10. i (b) Penalties. It shall be unlawful and punishable as provided in this article for any person, firm, corporation or other entity to commence or continue any use, condition or maintain any condition or use contrary to the provisions of this chapter or aid or abet others in such violation; and, upon a finding of responsibility therefor, shall be deemed responsible for a municipal civil infraction and subject to a fine not to exceed $500.00, plus court costs and costs of abatement. (©) Cumulative rights and equitable remedies. The rights and remedies provided in this chapter are cumulative and in addition to other legal and equitable remedies, including but not limited to injunctive relief. ‘The Township of Aurelius has adopted Ordinance No 39, Section 16-247, that states in relevant part: Section 16-247. Junk and Inoperable Vehicles. (a) _ No person shall store, place, abandon or permit to be stored, placed, abandoned, or allow to remain, in any district, a dismantled, partially dismantled, unlicensed, or inoperable motor vehicle, junk, rubbish, trash, old furniture, used lumber, unused or discarded machines or equipment, or litter upon any premises, except in an approved and licensed salvage or junk yard or in the case of motor vehicles unless confined in a wholly enclosed structure. ane (See, Exhibit A - copy of Ordinance No. 39, Section 16-247.) This matter is brought before the Court pursuant to Township Ordinance No. 39, Chapter 16. I. GENERAL ALLEGATIONS Plaintiff incorporates paragraphs 1 through 9 above as if fully set forth herein. ‘On December 17, 2017, Plaintiff's agent, Kenneth Colby, photographed the subject Property. On that same date, Plaintiff inspected the Property and determined that12. 13. 14, 15. 16. the Property to be in violation of Township Ordinance No. 39, and Code Section 16-247 by the accumulation of junk, inoperable vehicles, discarded machines, rubbish, and trash throughout the Property. (See, Exhibit B— Mr. Silsby affidavit; Exhibit C — photographs taken 12-17-17.) ‘There are no records indicating that the subject Property is licensed with the State of Michigan as an automotive repair facility, nor are there Township records or any information establishing the subject Property as a permitted use as an automotive repair facility. ‘The subject Property is located in the A-2 Secondary Agriculture District zoning classification, which does not allow automotive repair service as a permitted use, nor as a use by special permit, Any repair of vehicles is prohibited as a home occupation in Township Code Section 16-563. Auto service repair is only allowed in the D Development District zoning classification by special use permit only. On January 25, 2018, Plaintiff sent a letter by mail to Defendant stating that the subject Property is in violation of Township Ordinance 39 and Code Section 16- 247, because the Property contained inoperable vehicles, junk, rubbish and trash throughout. Said letter attached photographic evidence. That same letter informed Defendant he would have until March 31, 2018 to bring the subject Property into compliance with the Ordinance, and that an inspection would be completed after that date. (See, Exhibit D — January 25, 2018 Letter to Plaintiff.)17. 19. 20. 21. On May 7, 2018, Plaintiff re-inspected the subject Property from a nearby property and the public road and determined the subject Property to be in violation of Township Ordinance No. 39, and Code Section 16-247. (See, Exhibit B - Mr. Silsby affidavit; see Exhibit E - Mr. Colby affidavit of the Subject Property attaching twenty-four photos (24) taken on May 7, 2018.) On September 10, 2018, Plaintiff re-inspected the subject Property from the public road and determined the subject Property to be in violation of Township Ordinance No. 39, and Code Section 16-247 by continuing to maintain junk, debris, and inoperable vehicles on the Property. Notwithstanding the notice of violations attached hereto, and sufficient time to remedy the Property’s conditions that are in violation of the Township's Ordinance and Code, Defendant has neglected and refused to remedy said conditions by abating the conditions and nuisances described in this Complaint and the Exhibits attached hereto. The condition of Property depicted in said Exhibits constitutes a violation of Plaintiff's Ordinances and constitutes a nuisance and a nuisance per se. In order to bring the Property into Ordinance and Code compliance, Defendant must take immediate action to remedy and clean up the Property, fix and repair vehicles on the Property or remove therefrom, and bring the Property into compliance with Township Ordinance No. 39, and Code Section 16-247. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that this Court,‘A. Enter an Order requiring Defendant to immediately undertake such action as may be required to remedy the violations described in the Complaint and the Exhibits attached thereto, said remedy to include the immediate removal of junk, rubbish, trash, cast-off building materials, discarded machines and equipment, and inoperable vehicles. B. Enter an Order allowing Plaintiff and its employees and agents to enter onto the Property to determine compliance with the Township’s Ordinance No. 39, and Code Section 16-247. CC. Enter an Order requiring Defendant to, forthwith, bring the Property into compliance with the Township's Ordinance No, 39, and Code Section 16-247 or, alternatively, authorize Plaintiff to take whatever action Plaintiff deems necessary, including the elimination and removal of junk, rubbish, trash, cast-off building materials, inoperable vehicles and other items described in Ordinance No. 39, and Code Section 16-247, and to require Defendant to reimburse Plaintiff for all costs incurred in conneetion with said action, Further, upon Defendant's failure to fully remit such costs to Plaintiff within thirty (30) days of billing, to authorize Plaintiff to proceed to enter a Judgment in said amount against Defendant, together with statutory interest until paid in full, to be assessed and added to the tax rolls and paid in the manner provided for the collection of ad valorem property taxes. D. Authorize Plaintiff to assess and add to the tax rolls pertaining to said Property any costs Plaintiff incurs in undertaking any action consistent with the Court's Order. E. Enter an Order requiring Defendant to appear and show cause as to why the relief requested by Plaintiff should not be immediately granted.F, Enter an Order requiring Defendants to pay attorney fees and costs for having to bring this Motion and Action. G. Enter an Order granting Plaintiff any further relief deemed appropriate and equitable by this Court. Respectfully submitted, Dated: September 13, 2018 BAUCKHAM, SPARKS, THALL, SEEBER, & KAUFMAN, P.C. by: ‘David M. Revoré (P68929) Attomey for Plaintiff Drafied by: David M. Revore (P68929) Bauckham, Sparks, Thall, Seeber ‘& Kaufman, P.C. Attorney for Plaintiff 836 Centennial Way, Suite 170 Lansing, M1 48917 (517) 993-685EXHIBIT Asrze018 ‘Aurelius Township, (Ingham Co,), MI Code of Ordinances. Sec. 16-247, - Junk and inoperable vehicles. (a) No person shall store, place, abandon or permit to be stored, placed, abandoned, or allow to remain, in any district, a dismantled, partially dismantled, unlicensed, or inoperable motor vehicle, junk, rubbish, trash, old furniture, used lumber, unused or discarded machines or equipment, or litter upon any premises, except in an approved and licensed salvage or junk yard or in the case of motor vehicles unless confined in a wholly enclosed structure. (b) No person shalll store, place, abandon or permit to be stored, placed, abandoned, or allow to Femain, in any district, wrecked or inoperable farm machinery, unless hidden from all vantage points from the general public. (Ord. No, 39, art. 5, § 5.8, 2-12-2002) "EXHIBIT BSTATE OF MICHIGAN IN THE 30" CIRCUIT COURT FOR THE COUNTY OF INGHAM TOWNSHIP OF AURELIUS, a Michigan general act township, AFFIDAVIT OF LARRY SILSBY Plaintiff, FILE NO. v HON. JEREMY SHEPARD Defendant, DAVID M. REVORE (P68929) CATHERINE P. KAUFMAN (P65412) BAUCKHAM, SPARKS, THALL, SEEBER & KAUFMAN, P.C. Attorneys for Plaintiff Aurelius Township 836 Centennial Way, Suite 170 Lansing, MI 48917 (517) 993-6686 STATE OF MICHIGAN) COUNTY OF INGHAM) 1, Larry Silsby, b ng first duly sworn, depose and state as follows: 1. 1am of sufficient age to testify as to the matters set forth herein, 2. Tam the Supervisor of Aurelius Township, Ingham County, Michigan. I have read and hhave personal knowledge of the facts and allegations set forth in Plaintiff's Complaint and the allegations set forth therein are true, to the best of my knowledge. 3. On December 17, 2017, I personally inspected the Property located at 1765 8. Aurelius Road, Mason, Michigan 48854. The Property was in violation of the Township's Ordinance No. 39 and Code Section 16-247 by the accumulation of junk, inoperable vehicles, rubbish and trash. ‘The photographs attached to the Complaint accurately depict the condition of the Property on that date.+ On January 25, 2018, I sent Defendant a letter informing them that the subject property is in violation of Township Ordinance No. 39 and Code Section 16-247 and requiring that the subject property be brought into compliance by March 31, 2018, . On May 7, 2018, I re-inspected the subject property and the property had not improved and remained in violation of Township Ordinance No. 39 and Code Section 16-247. The Photographs attached to Kenneth Colby’s affidavit accurately depict the conditions of the property on May 7, 2018, On September 10, 2018, I re-inspected the subject property from the public road and determined that the property maintains junk, debris and inoperable vehicles and thus the property remains in violation of Township Ordinance No. 39 and Code Section 16-247. . To date, the subject property is not in compliance with Township Ordinances and Code. Further Deponent sayeth not, Larry Silsby He Subscribed and sworn to before me, a Notary Public, this_/3” day of September _ 2018 They, im Qypaa— TRACY L. AYRES , Notary Public Notary Public-State of Michigan Dagharn County, Michigan County of Ingham: My Commission Expires: /D-p@ - 2020 My Commission Expires 10-06-2020EXHIBIT DAURELIUS TOWNSHIP Ingham County 1939 S. Aurelius Road * Mason, Michigan 48854-9729 (617) 628-2093 + Fax (517) 628-3989 Website: www.aureliustwp.org January 25,2018 Jeremy Shepard 1765 8. Aurelius Road Mason, MI 48854 Re: Ordinance Compliance ~ 1765 S. Aurelius Road, Mason, Michigan. Dear Mr. Shepard: I write in response to your request for additional time to remove junk material from your property at 1765 S. Aurelius Road, Mason, Michigan. Damaged items, including junk, debris, and other items, as defined in the Township's Ordinance 39, Section 16-247, are present on your property. The Township of Aurelius has adopted Ordinance 39, which states: Section 16-247. Junk and Inoperable Vehicles. (@) No person shall store, place, abandon or permit to be stored, placed, abandoned, or allow to remain, in any district, a dismantled, partially dismantled, unlicensed, or inoperable motor vehicle, junk, rubbish, trash, old furniture, used lumber, unused or discarded machines or equipment, ot litter upon any premises, except in an approved and licensed salvage or junk yard or in the case of motor vehicles unless confined in a wholly enclosed structure. Attached are three (3) photographs of the exterior of your property recently taken in December, 2017, evidencing violations of the Township's Ordinance, attached hereto as Attachment A. A recent review of your property revealed that junk items are still present. Due to inclement weather, your property will be inspected on or about March 31, 2018, to determine compliance with the Township’s Ordinance and Codes. Absent compliance, we will consider all options, to include civil litigation, to abate the violations,A search of public records did not reveal the property as being licensed as an automotive repair facility. Further, the Township has no records nor information to establish that the Property was ever an automotive repair facility. The property is located in the A-2 Secondary Agricultural District (A-2). Automotive repair service in not permitted in the A-2 District as » Permitted use nor by special use permit. Please be aware that the “repair of automobiles, Motoreycles, boats, trailers, trucks or similar equipment or vehicles” is expressly prohibited as hhome occupations. The use of a garage or accessory building for home occupations is not Permitted. (See, Sec. 16-563. - Home occupations.) Auto service stations and repair garages are Permitted in the Development District (D) by special use permit. (See, Sec. 16-513. - Uses permitted by special use permit.) The use of the property as an automotive repair facility, or similar repair facility, is Prohibited and must immediately cease. Temporary buildings are permitted for uses incidental to construction work but not for residential purposes. Accordingly, a temporary structure for the Purpose of temporary storage is not permitted in the Townshi Thank you for your cooperation. Enclosures: Attachment A: three (3) photos AEC: D. Revore, EsqEXHIBIT ESTATE OF MICHIGAN IN THE 30 CIRCUIT COURT FOR THE COUNTY OF INGHAM TOWNSHIP OF AURELIUS, a Michigan general act township, AFFIDAVIT OF KENNETH COLBY Plaintiff, FILE NO. v HON. JEREMY SHEPARD, Defendant. DAVID VORE (P68929) BAUCKHAM, SPARKS, THALL, SEEBER & KAUFMAN, P.C. ‘Attorneys for Plaintiff 836 Centennial Way, Suite 170 Lansing, Michigan 48917 (517) 993-6686 STATE OF MICHIGAN) dss COUNTY OF INGHAM) |, Kenneth Colby, being first duly sworn, depose and state as follows: 1, Tam of sufficient age, ability, and have personal knowledge of the facts and allegations regarding this matter and able to testify as to the matters set forth herein. 2. On Monday, May 7, 2018, from the public road and nearby property, I photographed items in open view on property commonly known as 1765 S. Aurelius Road, Mason Michigan, 48854, 3. The items photographed are cast off construction materials, junk, debris, and disabled vehicles, some without license plates affixed. 4. The twenty-four (24) photographs taken on May 7, 2018, are attached as Attachment A. Property and evidence of the con Further Deponent sayeth not.Subscribed and swom to before me, a Notary Public, this 29”ay of, May 2018 qe fo hot Karen Lothar , Notary Public —_ Kalamazoo County, Michigan My Commission Expires: _ 7 /6 "2 1Wey: aR a 1 i NM)Bs WAIN,