[Code 1974, § 94-2]
As used in this article, the term "dangerous building" means
any building or structure which has one or more of the following defects
or is in one or more of the following conditions:
(1)
Any door, aisle, passageway, stairway, or other means of exit does
not conform to the fire code of the Township.
(2)
Any portion of the building or structure is damaged by fire, wind,
flood, or by any other cause so that its structural strength or stability
is appreciably less than it was before such catastrophe and does not
meet the minimum requirements of the building code of the Township
for a new building or similar structure, purpose or location.
(3)
Any part of the building or structure is likely to fall or to become
detached or dislodged, or to collapse and injure persons or damage
property.
(4)
Any portion of the building or structure has settled to such an extent
that its walls or other structural portions have materially less resistance
to wind than is required in the case of new construction by the building
code of the Township.
(5)
The building or structure or any 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 away.
(6)
The building structure or any part of the building or structure is
manifestly unsafe for the purpose for which it is used.
(7)
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.
(8)
A building or structure used or intended to be used for dwelling
purposes, including the adjoining grounds, which, because of dilapidation,
decay, damage, faulty construction, or arrangement or otherwise, is
unsanitary or unfit for human habitation or is in a condition that
the Chief Building Inspector and/or a code compliance officer determines
is likely to injure the health, safety, or general welfare of the
people living in the dwelling.
(9)
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.
(10)
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, (MCL § 339.2501 et seq.). For
purposes of this subsection the terms "building" and "structure" include,
but are not limited to, commercial buildings and structures. This
subsection does not apply to either of the following:
a.
A building or structure as to which the owner or agent does both
of the following:
1.
Notifies the Township public safety department agency in whose
jurisdiction the building or structure is located 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 by the
owner or agent not more than 30 days after the building or structure
becomes unoccupied.
2.
Maintains the exterior of the building or structure and adjoining
grounds in accordance with the building and housing codes of the Township.
b.
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
Township public safety 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
Township 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.
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Cross reference: Definitions generally, § 1-2.
State law reference: Similar provisions, MCL 125.539.
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[Code 1974, § 94-1]
It is unlawful for any owner or agent thereof to keep or maintain any dwelling or part thereof which is a dangerous building as defined in § 14-176.
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State law reference: Similar provisions, MCL 125.538.
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[Code 1974, § 94-3]
(a)
Whenever the Chief Building Inspector or code compliance officer determines that the whole or any part of any building or structure is a dangerous building as defined in § 14-176, the Chief Building Inspector or code compliance officer shall issue a notice that the building or structure is a dangerous building.
(b)
Such 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.
(c)
The notice shall specify the time and place of a hearing to be held
before a hearing officer concerning whether the building or structure
is a dangerous building, at which time and place the person to whom
the notice is directed shall have the opportunity to show cause why
the hearing officer should not order the building or structure to
be demolished or otherwise made safe or properly maintained.
(d)
The hearing officer shall be appointed by the Township Supervisor
to serve at his pleasure. The hearing officer shall be a person who
has expertise in housing matters including, but not limited to, an
engineer, architect, building contractor, building inspector, or member
of a community housing organization. An employee of the Township shall
not be appointed as a hearing officer. The Chief Building Inspector
or code compliance officer shall file a copy of the notice that the
building or structure is a dangerous building with the hearing officer.
(e)
The notice shall be in writing and shall be served upon the person
to whom the notice is directed personally, or certified mail, return
receipt requested, addressed to the owner or party in interest at
the address shown on the tax records, at least 10 days before the
date of the hearing described in the notice. If any person to whom
a notice is directed is not personally served, in addition to mailing
the notice, a copy thereof shall be posted upon a conspicuous part
of the building or structure.
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State law reference: Similar provisions, MCL 125.540.
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[Code 1974, § 94-4]
(a)
The hearing officer shall take testimony of the Chief Building Inspector
and/or code compliance officer, the owner of the property, and any
interested party or other witness. Not more than five days after completion
of the hearing, the hearing officer shall render his decision either
closing the proceedings or ordering the building or structure to be
demolished or otherwise made safe, or properly maintained.
(b)
If it is determined by the hearing officer that the building or structure should be demolished or otherwise made safe, he shall so order, fixing a time in the order for the owner or party in interest to comply therewith. If the building or structure is a dangerous building under Subsection 14-176(10), the order may require the owner or agent to maintain the exterior or the building and adjoining grounds owned by the owner of the building, including but not limited to, the maintenance of lawns, trees, and shrubs.
(c)
If the owner or party in interest fails to appear or neglects or refuses to comply with the order issued under subsection (b) of this section, the hearing officer shall file a report of his findings and a copy of his order with the Township Board not more than five days after noncompliance by the owner and request that the necessary action be taken to demolish or otherwise make safe the building or structure. A copy of the findings and order of the hearing officer shall be served on the owner or party in interest in the manner prescribed in § 14-178.
(d)
The Township Board shall fix a date, not less than 30 days after the hearing prescribed in § 14-178 for a hearing on the findings and order of the hearing officer and shall give notice to the owner or party in interest in the manner prescribed in § 14-178 of the time and place of the hearing. At the hearing the owner or party in interest shall be given the opportunity to show cause why the building or structure should not be demolished or otherwise made safe. 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 or party in interest shall comply with the order within 60 days after the date of the hearing under this subsection. 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, or other natural disaster, and the cost of repair of the building or structure is greater than the state equalized valuation of the building or structure, the owner or party in interest shall comply with the order of demolition within 21 days after the date of the hearing under this subsection.
(e)
The cost of the demolition, of making the building 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.
(f)
The owner or party in interest in whose name the property appears
on the last local tax assessment records shall be notified of the
amount of the cost of the demolition, of making the building 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 records. If the owner or party in interest fails to pay
the cost within 30 days after mailing by the assessor of the notice
of the amount of the cost, the Township shall have a lien for the
cost incurred by the Township to bring the property into conformance
of this article. The lien shall not take effect until notice of the
lien is filed or recorded as provided by law. A lien provided for
in this subsection does not have priority over previously filed or
recorded liens or encumbrances. The lien for the cost shall be collected
and treated in the same manner as provided for property tax liens
under the General Property Tax Act (MCL § 211.1 et seq.).
(g)
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 safe, or of
maintaining the exterior of the building or structure or grounds adjoining
the building or structure. A judgment in an action brought pursuant
to this subsection may be enforced against assets of the owner other
than the building or structure. The Township shall have a lien for
the amount of a judgment obtained pursuant to this subsection against
the owner's interest in all real property located in this state
that is owned in whole or in part by the owner of the building or
structure against whom 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.
[Code 1974, § 94-5]
An owner or party in interest aggrieved by any final decision or order of the Township Board under § 14-179 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.
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State law reference: Similar provisions, MCL 125.542.
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