The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DANGEROUS BUILDING
A building or structure that has one or more of the following
defects, or is in one or more of the following conditions:
A.
A door, aisle, passageway, stairway or other means of exit which
does not conform to the approved fire code of the Village in which
the building or structure is located.
B.
A portion of the building or structure damaged by fire, wind,
flood or other cause so that the structural strength or stability
of the building or structure is appreciably less than it was before
the catastrophe and does not meet the minimum requirements of this
chapter or the building code in force in the Village, or for a new
building or structure, purpose or location.
C.
A part of the building or structure is likely to fall, become
detached or dislodged, or collapse and injure persons or damage property.
D.
A portion of the building or structure has settled to such an
extent that walls or other structural portions of the building or
structure have materially less resistance to wind than is required
in the case of new construction by this chapter or the building code
in force in the Village.
E.
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction
or the removal or movement of some portion of the ground necessary
for the support, or for other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fall or give way.
F.
The building, structure, or a part of the building or structure,
is manifestly unsafe for the purpose for which it is used.
G.
The building or structure is damaged by fire, wind or flood,
or is dilapidated or deteriorated and becomes an attractive nuisance
to children who might play in the building or structure to their danger;
or becomes a harbor for vagrants, criminals or immoral persons; or
enables persons to resort to the building or structure for committing
a nuisance or an unlawful or immoral act.
H.
A building or structure used, or intended to be used, for dwelling
purposes, including the adjoining grounds, because of dilapidation,
decay, damage, faulty construction or arrangement, or otherwise, is
unsanitary or unfit for human habitation, is in a condition that the
health officer determines is likely to cause sickness or disease,
or is likely to injure the health, safety or general welfare of people
living in the dwelling.
I.
A building or structure is vacant, dilapidated and open at a
door or window, leaving the interior of the building exposed to the
elements or accessible to entrance by trespassers.
J.
A building or structure remains unoccupied for a period of 180
consecutive days or longer, and is not listed as being available for
sale, lease or rent with a real estate broker licensed under Article
25 of the Occupational Code (MCLA § 339.2501 et seq.). For
purposes of this subsection, the terms "building" and "structure"
include, but are not limited to, a commercial building or structure.
This subsection does not apply to either of the following:
(1)
A building or structure as to which the owner or agent does
both of the following:
(a)
Notifies the Police Department that the building or structure
will remain unoccupied for a period of 180 consecutive days. The notice
shall be given to the Police Department by the owner or agent not
more than 30 days after the building or structure becomes unoccupied.
(b)
Maintains the exterior of the building or structure and adjoining
grounds in accordance with this chapter or the building code in force
in the Village.
(2)
A secondary dwelling of the owner that is regularly unoccupied
for a period of 180 days or longer each year, if the owner notifies
the Police Department that the dwelling will remain unoccupied for
a period of 180 consecutive days or more each year. An owner who has
given the notice prescribed by this subsection shall notify the Police
Department not more than 30 days after the dwelling no longer qualifies
for this exception. As used in this subsection, the term "secondary
dwelling" means a dwelling such as a vacation home, hunting cabin
or summer home, that is occupied by the owner or a member of the owner's
family during part of a year.
It is unlawful for any owner or agent thereof to keep or maintain
any dwelling or part thereof which is a dangerous building.
A person who fails or refuses to comply with an order approved or modified by the Village Council under §
127-4, within the time prescribed by that section, is guilty of an offense.
An owner aggrieved by any final decision or order of the Village Council under §
127-4 may appeal the decision or order to the Circuit Court by filing a petition for an order of superintending control within 20 days from the date of the decision.