[Ord. No. DB-00, 2-10-2000]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any building or structure, residential or otherwise, that
has one or more of the following defects or is in one or more of the
following conditions:
A door, aisle, passageway, stairway, or other means of exit
does not conform to the approved fire code of the Township.
A portion of the building or structure is damaged by fire, wind,
flood, deterioration, neglect, abandonment, vandalism, or other cause
so that the structural strength or stability of the building or structure
is appreciably less than it was before the damage and does not meet
the minimum requirements of the Housing Law of the State of Michigan,
Public Act No. 167 of 1917 (MCL 125.401 et seq.) or the state construction
code.
A part of the building or structure is likely to fall, become
detached or dislodged, or collapse and injure persons or damage property.
A portion of the building or structure has settled to 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 the Housing Law of the State of Michigan, Public
Act No. 167 of 1917 (MCL 125.401 et seq.) or the state construction
code.
The building or structure, or a part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
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.
The building, structure, or a part of the building or structure
is manifestly unsafe for the purpose for which it is used.
The building or structure is damaged by fire, wind, or flood,
is dilapidated or deteriorated and becomes an attractive nuisance
to children who might play in the building or structure to their danger,
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.
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 for other reason,
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.
A building or structure is vacant, dilapidated, and open at
door or window, leaving the interior of the building exposed to the
elements or accessible to entrance by trespassers.
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, Public Act No. 299 of 1980 (MCL 339.2401
et seq.). For purposes of this subsection, the term "building or structure"
includes, but is not limited to, a commercial building or structure.
This subsection does not apply to either of the following:
A building or structure if the owner or agent does both of the
following:
Notifies a local law enforcement agency that the building or
structure will remain unoccupied for a period of 180 consecutive days.
The notice shall be given to the local law enforcement agency by the
owner or agent not more than 30 days after the building or structure
becomes unoccupied.
Maintains the exterior of the building or structure and adjoining
grounds in accordance with the state housing law, Public Act No. 167
of 1917 (MCL 125.401 et seq.) or the state construction code.
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 local law enforcement agency 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
law enforcement agency 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, including, but not limited
to, 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.
The Township, through the Township building official and/or
such other officials or agency as may be designated by the Township
Board to enforce this article.
[Ord. No. DB-00, 2-10-2000]
It shall be unlawful for any owner or any owner's agent to keep
or maintain any building or any part of a building which is a dangerous
building as defined in this article.
[Ord. No. DB-00, 2-10-2000]
(a)
Notice requirement. Notwithstanding any other provision of this article,
if a building or structure is found to be a dangerous building, the
enforcing agency shall issue a notice that the building or structure
is a dangerous building.
(b)
Parties entitled to notice. The notice shall be served on each owner
of or party in interest in the building or structure in whose name
the property appears on the last local tax assessment records of the
Township.
(c)
Contents of notice. The notice shall specify the time and place of
a hearing on whether the building or structure is a dangerous building
and state that the person to whom the notice is directed shall have
the opportunity at the hearing to show cause why the hearing officer
should not order the building or structure to be demolished, otherwise
made safe, or properly maintained.
(d)
Service of notice. The notice shall be in writing and shall be served
upon the person to whom the notice is directed either personally or
by certified mail, return receipt requested, addressed to the owner
or party in interest at the address shown on tax records. If a notice
is served upon a person by certified mail, a copy of the notice shall
also be posted upon a conspicuous part of the building or structure.
The notice shall be served upon the owner or party in interest at
least 10 days before the date of the hearing included in the notice.
[Ord. No. DB-00, 2-10-2000]
(a)
Appointment of hearing officer. The hearing officer shall be appointed
by the Township Supervisor to serve at the Township Supervisor's pleasure.
The hearing officer shall be a person who has expertise in housing
matters. By way of example and not by way of exclusion, the hearing
officer may be an engineer, architect, building contractor, building
inspector or member of a community housing organization. An employee
of the enforcing agency shall not be appointed as a hearing officer.
(b)
Filing dangerous building notice with hearing officer. The enforcing
agency shall file a copy of the notice of the dangerous condition
of any building or structure with the hearing officer.
(c)
Hearing testimony and decision. At a hearing prescribed by this article,
the hearing officer shall take testimony of the enforcing agency,
the owner of the property, and any interested party. Not more than
five days after completion of the hearing, the hearing officer shall
render a decision either closing the proceedings or ordering the building
or structure demolished, otherwise made safe, or properly maintained.
(d)
Compliance with hearing officer order. If the hearing officer determines
that the building or structure should be demolished, otherwise made
safe, or properly maintained, the hearing officer shall so order,
fixing a time in the order for the owner, agent or lessee to comply
with the order. If the building or structure is a dangerous building
under this article, the order may require the owner or agent to maintain
the exterior of the building or structure and adjoining grounds owned
by the owner of the building or structure including, but not limited
to, the maintenance of lawns, trees and shrubs.
(e)
Noncompliance with hearing officer order; request to enforce order.
If the owner, agent or lessee fails to appear or neglects or refuses
to comply with the order issued under this section, the hearing officer
shall file a report of the findings and a copy of the order with the
Township Board not more than five days after noncompliance by the
owner and request that necessary action be taken to enforce the order.
A copy of the findings and order of the hearing officer shall be served
on the owner, agent or lessee in the manner prescribed in this article.
[Ord. No. DB-00, 2-10-2000]
The Township Board shall fix a date not less than 30 days after the hearing prescribed in Section 10-147 for a hearing on the findings and order, the hearing officer and shall give notice to the owner, agent or lessee in the manner prescribed in Section 10-146(d) of the time and place of the hearing. At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced. The Township Board shall either approve, disapprove or modify the order. If the Township Board approves or modifies the order, the Township Board shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this section. In the case of an order of demolition, if the Township Board determines that the building or structure has been substantially destroyed by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this section. If the estimated cost of repair exceeds the state equalized value of the building or structure to be repaired, a rebuttable presumption that the building or structure requires immediate demolition exists.
[Ord. No. DB-00, 2-10-2000]
(a)
Implementation of order by Township. In the event of the failure
or refusal of the owner or party in interest to comply with the decision
of the Township Board, the Township Board may, in its discretion,
contract for the demolition, making safe or maintaining the exterior
of the building or structure or grounds adjoining the building or
structure.
(b)
Reimbursement of costs. The costs of the demolition, of making the
building or structure safe, or of maintaining the exterior of the
building or structure or grounds adjoining the building or structure,
incurred by the Township to bring the property into conformance with
this article shall be reimbursed to the Township by the owner or party
in interest in whose name the property appears.
(c)
Notice of costs. The owner or party in interest in whose name the
property appears upon the last local tax assessment records shall
be notified by the Township assessor of the amount of the costs of
the demolition, making the building or structure safe, or of maintaining
the exterior of the building or structure or grounds adjoining the
building or structure, by first class mail at the address shown on
the Township records.
(d)
Lien for unpaid costs. If the owner or party in interest fails to
pay the costs within 30 days after mailing by the Township assessor
of the notice of the amount of the cost, in the case of a single-family
dwelling or a two-family dwelling, the Township shall have a lien
for the costs incurred by the Township to bring the property into
conformance with this article. The lien shall not take effect until
notice of the lien has been filed or recorded as provided by law.
A lien provided for in this section does not have priority over previously
filed or recorded liens and encumbrances. The lien for the costs shall
be collected and treated in the same manner as provided for property
tax liens under the General Property Tax Act, Act No. 206 of the Public
Acts of 1893, as amended, being Public Act No. 206 of 1893 (MCL 211.1
et seq.).
(e)
Court judgment for unpaid costs. In addition to other remedies under
this article, the Township may bring an action against the owner of
the building or structure for the full cost of the demolition, of
making the building or structure safe, or of maintaining the exterior
of the building or structure or grounds adjoining the building or
structure. In the case of a single-family dwelling or a two-family
dwelling, the Township shall have a lien on the property for the amount
of a judgment obtained pursuant to this subsection. The lien provided
for in this subsection shall not take effect until notice of the lien
is filed and recorded as provided for by law. The lien does not have
priority over prior filed or recorded liens and encumbrances.
(f)
Enforcement of judgment. A judgment in an action brought pursuant
to this section may be enforced against assets of the owner other
than the building or structure.
(g)
Lien for judgment amount. In the case of a single-family dwelling
or a two-family dwelling, the Township shall have a lien for the amount
of a judgment obtained pursuant to this section against the owner's
interest in all real property located in the state that is owned in
whole or in part by the owner of the building or structure against
which the judgment is obtained. A lien provided for in this subsection
does not take effect until notice of the lien is filed or recorded
as provided by law, and the lien does not have priority over prior
filed or recorded liens and encumbrances.
[Ord. No. DB-00, 2-10-2000]
A person who fails or refuses to comply with an order approved
or modified by the Township Board under this article within the prescribed
time is responsible for a municipal civil infraction.
[Ord. No. DB-00, 2-10-2000]
An owner aggrieved by any final decision or order of the Township
Board under this article 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.
