Niles Charter Township Planning Commission voted to phase out Szucs’ concrete crushing business, which has been operating since May 13, 2003, under a special land use conditional approval permit.

According to the resolution, the township “noticed a series of operational nuisance conditions and failure to abide by the original conditions of approval on the part of the operator.”

On March 12, the operator was notified of violations of the township blight and property maintenance ordinance at 1420 and 1430 Michigan 139 (Old U.S. 31 North), just south of the Dowagiac River. The operator was further given notice April 20 of violation of the conditional approval of the special land use permit.

Complaints about unsightly conditions culminated in a hearing begun June 12 and continued July 10 about possible revocation.

The township building official June 15 conducted a follow-up property inspection and “noted continued violations of the township blight and property maintenance ordinance, despite claims by the operator’s representatives that all blight had been resolved,” the resolution states.

Counsel for the operator, by a letter dated July 3, indicated the operator’s willingness to stop accepting new materials on the site, to crush and sell or remove existing materials on the site and to wind down the operation.

Planners’ resolution lays out a timeline based on the record and report prepared by the township departments of planning and zoning and building safety and analysis by the township planner dated May 9.

The resolution delineates the following conditions:

• The existing land use permit is amended immediately to establish the interim nature of the operation and to limit its duration and the nature of its activities.

• Effective immediately, no new or additional concrete, asphalt or other building materials shall be accepted on site for processing.

• By today, all points of access to the site which might provide access to unauthorized dumping shall be secured with fencing or other means approved by the building official, including concrete barriers at the south entrance and the main entrance shall include a lockable gate or sturdy chain barrier to prevent unauthorized access when the facility is unmanned.

• By today, the site shall be posted to clearly indicate that the facility no longer accepts any concrete, asphalt, materials or any other scrap.

• By Nov. 30, 2013, all existing concrete, asphalt or other building materials on site shall be crushed and processed or removed from the site and disposed of properly.

• By May 15, 2014, all processed materials, including crushed concrete, asphalt, rebar scrap and other building materials shall be sold and/or otherwise removed from the site and properly disposed. The site shall be free of dangerous and unsafe excavations.

• As a condition of approval of this amended special land use permit, the operator shall comply with the township’s blight and property maintenance ordinance.

• By Nov. 30, all junk, trash, inoperable machinery and parts, rubbish and cast-off materials found on the exterior of the premises determined by the township building official to violate the township’s blight and property maintenance ordinance as indicated by violation notices issued, be removed from the site and properly disposed.

• By Nov. 30, blighted structures on the site as indicated in the June 15 report by the building official shall be repaired, painted and secured from unauthorized entry.