[Ord. No. 134,
§ 1, 4-5-2010]
This article shall be known and cited as the Charter Township
of Chesterfield Abandoned or Foreclosed Residential Property Registration
and Maintenance Ordinance.
[Ord. No. 134,
§ 2, 4-5-2010]
Due in large part to current economic conditions, mortgage fraud,
foreclosures and increased bankruptcies, many homes have become vacant
and unsupervised. There is an increased instance of unsecured or open
windows and doors, broken water pipes, theft of metals and other materials,
overgrowth of grass, weeds, shrubs and bushes, illegal dumping and
vermin activity at such abandoned and/or foreclosed structures. In
many cases, the interiors of residential structures have been intentionally
or negligently damaged by the former occupants or trespassers. Unsupervised
vacant properties have a negative impact on surrounding properties
and neighborhoods. Owners of such structures should be held accountable
for the physical condition of the structures. The blighting influence
of abandoned residential structures adversely affects the tax revenues
of the Charter Township of Chesterfield. Vacant, abandoned residential
structures which are not maintained constitute a hazard to the public
health, safety and welfare. This article establishes responsibilities
of owners of the abandoned, vacant and/or foreclosed structures and
provides for administration and enforcement of standards related to
such structures. This article shall apply to all foreclosed upon and/or
abandoned residential structures within the township.
[Ord. No. 134,
§ 3, 4-5-2010]
For the purposes of this article, the following words and phrases
are defined as follows:
Means vacant property as defined in this article that has
been vacant for 30 days or more and meets any of the following criteria:
Provides a location for loitering, vagrancy, unauthorized entry
or other criminal activity;
Has one or more broken windows, or two or more windows boarded
up, for more than 30 days;
Has utilities disconnected or not in use;
Is not maintained in compliance with township codes and ordinances,
including without limitation, Michigan Residential Building Code,
International Property Maintenance Code and the Fire Prevention Code.
Has taxes in arrears for a period of time exceeding 365 days;
Is only partially completed, is not fit for human occupancy
and there are no active building permits on the property that will
result in restoration of the premises to a safe and habitable condition.
Means a borrower under a mortgage, who grants a lien or interest
in property to a trustee as security for the payment of a debt.
Means a structure with a roof supported by columns or walls
to serve as a shelter or enclosure.
Means any condition that on its own or combined with other
conditions present would lead a reasonable person to believe the property
is vacant. Such conditions include, but are not limited to, overgrown
and/or dead vegetation, accumulation of newspapers, circulars, flyer
and/or mail, past due utility notices and/or disconnected utilities,
accumulation of trash, junk and/or debris, broken or boarded up windows,
abandoned vehicles, auto parts or materials, the absence of window
coverings, such as curtains, blinds and/or shutters, the absence of
furnishings and/or personal items consistent with habitation or occupation,
statements by neighbors, passersby, delivery agents, or government
employees that the property is vacant.
Means the process by which a mortgage is enforced against
a parcel of real property through sale or offering for sale to satisfy
the debt of the borrower.
Means a person, firm, or corporation holding a mortgage on
a property.
Means a recorded lien or interest in real property to secure
payment of a loan.
Means an individual, co-partnership, association, corporation,
company, fiduciary, or other person or legal entity having a legal
or equitable title or any interest in any real property.
Means a person, firm, or corporation that has foreclosed
a mortgage on a property but may not have legal or equitable title.
Means a visual inspection to check the minimum requirements
as set forth in the International Property Maintenance Code, 2006
or its successor Code, for sanitary maintenance, life safety, other
obvious hazards and code violations. Such inspections will be done
in accordance with a checklist maintained by the township building
department, which checklist shall be approved by the township board
of trustees.
Means anything constructed or erected the use of which requires
location on or attachment to the ground and includes buildings.
Means an unimproved lot or parcel of real property that is
not currently used or occupied and an improved lot or parcel of real
property with at least one building or structure that is not currently
used or occupied.
[Ord. No. 134,
§ 4, 4-5-2010]
(a)
An owner of abandoned vacant or foreclosed vacant property in the
township shall be responsible for registering that property with the
building official by complying with the affidavit and registration
and inspection fee requirements in this article. In the event the
owner shall fail or refuse to register the property, the lender or
possessory lender shall be responsible for compliance with this provision.
[Ord. No. 134,
§ 5, 4-5-2010]
Owners, lenders and/or possessory lenders who are required to
register property pursuant to this article shall do so by submitting
a copy of a driver's license and an affidavit containing the information
specified in this section. The affidavit may be provided by an agent
provided the agent's written authorization from the owner, lender,
or possessory lender is submitted with the affidavit.
(1)
The name of the owner of the property.
(2)
A mailing address where mail may be sent that will be acknowledged
as received by the owner. If certified mail/return receipt requested
is sent to the address and the mail is returned marked "refused" or
"unclaimed" or if ordinary mail sent to the address is returned for
whatever reason, then such occurrence shall be prima facie proof that
the owner has failed to comply with this requirement.
(3)
The name of an individual or legal entity responsible for the care
and control of the property. Such individual may be the owner, if
the owner is an individual, or may be someone other than the owner
with whom he/she has contracted.
(4)
A current address, telephone number, facsimile number and email address
where communications may be sent that will be acknowledged as received
by the individual responsible for the care and control of the property.
If certified mail/return receipt requested is sent to the address
and the mail is returned marked refused or unclaimed, or if ordinary
mail sent to the address is returned for whatever reason, then such
occurrence shall be prima facie proof that the owner has failed to
comply with this requirement.
[Ord. No. 134,
§ 6, 4-5-2010]
All fees applicable to this article shall be set by resolution
of the township board. Registration and inspection fees shall be paid
at the time of submitting the registration affidavit. There shall
also be a fee for the filing of any additional or new owner's affidavit,
with such fee being set by resolution of the township board. For properties
that are not registered within the required time, an additional fee
for the added cost of the township's expenses in having to determine
ownership, which may include, but is not limited to, title searches,
shall be assessed and immediately payable. All unpaid fees shall be
charged against the real property upon which the structure is located
and shall be a lien upon such property in accordance with Section
106.3 of the 2006 International Property Maintenance Code, or any
successor code.
[Ord. No. 134,
§ 7, 4-5-2010]
If at any time the information contained in the affidavit is
no longer valid, the property owner, lender or possessory lender has
10 days to file a new affidavit containing current information. There
shall be no fee to update a registered owner's current information.
[Ord. No. 134,
§ 8, 4-5-2010]
(a)
If the foreclosed upon vacant or abandoned vacant property includes
vacant or unoccupied buildings, the owner of that property is responsible
for immediately obtaining and paying for the township's "safety and
maintenance inspection" (as defined herein) of the building and property,
obtaining necessary permits, making required repairs and obtaining
inspections from the township annually thereafter until the building
is lawfully occupied, to ensure the buildings are safe, secured and
well maintained. The owner shall demonstrate that all water, sewer,
electrical, gas, HVAC and plumbing systems, exterior finishes and
walls, concrete surfaces, accessory buildings and structures, swimming
pools and spas, roofing, structural systems, foundation, drainage
systems, gutters, doors, windows, driveways, sidewalks are sound,
operational or properly disconnected.
(b)
If, at the time of the safety and maintenance inspection, the inspector
deems that the electrical, plumbing or mechanical systems pose health
or safety hazards and require additional inspection by the licensed
code official in that discipline, the owner shall be responsible to
obtain and pay for that required inspection.
(c)
If an owner fails or refuses to complete the inspections required by subsection (a) of this section, the possessory lender shall be obligated to complete the inspection upon foreclosure of the property. Additionally, any lender who holds a mortgage on a property located within the township shall obtain and pay for the inspection pursuant to subsection (a) of this section to the extent permitted by law or under the mortgage, of the property that is the security for the mortgage, upon default by the borrower, within five days after either the filing of a complaint for foreclosure (if foreclosure is by judicial action) or publishing a notice of foreclosure (if foreclosure is by advertisement).
[Ord. No. 134,
§ 9, 4-5-2010]
All owners, possessory lenders, and lenders (to the extent permitted
by law or the terms of a mortgage), are responsible for compliance
with the requirements of this section which apply to all vacant property
from the time of vacancy, including the time between vacancy and when
registration is required.
(1)
Property shall be kept free from weeds, grass, dry brush and dead vegetation in accordance with the township noxious weed ordinance [section 68-31 et. seq.], as well as trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded items, including, but not limited to, furniture, clothing, large and small appliances, printed material, signage, containers, equipment, construction materials or any other items that give the appearance that the property is abandoned.
(2)
Property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior of the structure.
(3)
All visible front and side yards shall be landscaped and properly
maintained. Landscaping includes, but is not limited to, grass, ground
covers, bushes, trees, shrubs, hedges or similar plantings. Maintenance
includes, but is not limited to, regular watering, irrigation, cutting,
pruning and mowing of required landscaping and removal of all trimming.
(4)
Pools, spas and other water features shall be kept drained and kept
dry and free of debris. In either case, properties with pools and/or
spas must comply with the minimum security fencing and barrier requirements
of applicable construction, building and property maintenance codes
and ordinances.
(5)
Property shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. Secure manner includes, but is not limited
to, the closure and locking of windows, doors, gates, and any other
opening of such size that may allow a child to access the interior
of the property and/or structures. Broken windows must be repaired
or replaced within 30 days. Boarding up of open or broken windows
is prohibited except as a temporary measure.
(6)
Owners shall inspect or cause the inspection of vacant property on
a regular basis to verify compliance with this section and other applicable
laws.
[Ord. No. 134,
§ 10, 4-5-2010]
If a building is fire damaged, the owner or possessory lender
has 90 days from the date of the fire to apply for a permit to start
construction or demolition. Additional ninety-day extensions may be
granted by the township provided the owner or possessory lender can
demonstrate substantial progress towards completing repairs. Failure
to do so will result in the property being deemed vacant and/or abandoned
and subject to the requirements of this article.
[Ord. No. 134,
§ 11, 4-5-2010]
If the owner, lender or possessory lender has failed to secure
the property, the township may seek an administrative search warrant
in order to permit entry upon the property to secure the property.
Such will necessarily include the authority to conduct inspections
to insure the absence of emergency or hazardous health and safety
conditions within the structure. All administrative expenses associated
with the issuance of the search warrant shall be recoverable and assessed
against any owner, lender or possessory lender of the property jointly
and severally.
[Ord. No. 134,
§ 12, 4-5-2010]
A vacant building or structure on abandoned or foreclosed property
shall not be occupied until all violations have been corrected in
accordance with the violation or correction notices issued and a certificate
of re-occupancy has been issued by the township building official.
All mechanical, electrical, plumbing and structural systems shall
be certified by a licensed contractor as being in good repair, the
provisions of the 2006 International Property Maintenance Code, or
its successor, complied with and all blight removed.
[Ord. No. 134,
§ 13, 4-5-2010]
Any person aggrieved by any of the requirements of this article
may appeal to the abandoned property board of appeals, provided that
a written application for appeal is filed with the township clerk
within 20 days after the day of the decision, notice, or order was
served.
(1)
The township board shall appoint three to five individuals to serve
as abandoned property board of appeal members, length of terms and
compensation to be determined by the township board.
(2)
An application for appeal shall be based on a claim that the true
intent of this article has been incorrectly interpreted; the provisions
of this article do not fully apply; the requirements of this article
are satisfied by other means, or the strict application of any requirement
of this article would cause an undue hardship.
(3)
The board shall meet upon notice from the township clerk within 20
days of the filing of an appeal, or at stated periodic meetings.
(4)
All hearings before the board shall be open to the public. The appellant,
the appellant's representative, the code official and any person whose
interests are affected shall be given an opportunity to be heard.
A quorum shall consist of not less than two-thirds of the board membership.
(5)
When the full board is not present to hear an appeal, either the
appellant or the appellant's representative shall have the right to
request a postponement of the hearing.
(6)
The board shall modify or reverse the decision of the code official
only by a concurring vote of a majority of the total number of appointed
board members.
(7)
The decision of the board shall be recorded. Copies shall be furnished
to the appellant and to the code official.
[Ord. No. 134,
§ 14, 4-5-2010]
Any person who violates the provisions of this article shall
upon conviction thereof, be guilty of a misdemeanor and subject to
a penalty not to exceed $500 or imprisonment in the county jail for
a period not to exceed 90 days, or both such fines and imprisonment.
[Ord. No. 134,
§ 15, 4-5-2010]
All resolutions, ordinances or parts thereof in conflict with
the provisions of this article are to the extent of such conflict
hereby repealed.
