[HISTORY: Adopted by the Township Board of the Charter Township of Huron 1-27-1993 by Ord. No. 92-4 (Part 194 of the 1995 Compilation of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Blight elimination — See Ch. 152.
Property maintenance — See Ch. 395.
ATTACHMENTS
Attachment 1 - Appendix A, Dangerous Buildings Procedure and TimelinesAttachment 2 - Notice of Hearing
This chapter shall be known and cited as the "Huron Township Dangerous Buildings Ordinance."
It is unlawful for any owner or owner's agent to keep or maintain any building or structure which is a dangerous building as defined in § 159-3 of this chapter.
As used in this chapter, the following terms shall have the meaning indicated:
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 does not conform to the approved fire code of the Township.
B. 
A portion of the building or structure is 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 the building code of the Township 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 the building code of the Township.
E. 
The building or structure, or a 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 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 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 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, Act No. 299 of the Public Acts of 1980, being Sections 339.2501 to 339.2515 of the Michigan Compiled Laws. For purposes of this subsection, "building or structure" includes, but is not limited to, a commercial building or structure. This subsection does not apply to either of the following:
[Amended 5-8-2013 by Ord. No. 13-01]
(1) 
A building or structure as to which the owner or agent does both of the following:
(a) 
Notifies the Huron Township Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the Township 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 the building code and other ordinances of the Township.
(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 Township 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 Township Police Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, "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.
A. 
The Building Inspector shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard; and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the structure, the nature and estimated amount of damages. When the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the Building Inspector shall issue a notice of the dangerous and unsafe condition.
[Amended 5-8-2013 by Ord. No. 13-01]
B. 
Such notice shall be directed to the owner, agent or lessee of the building or structure. If the name of the owner, agent or lessee is not known, then the notice shall be directed to each owner of, or party in interest in, the building in whose name the property appears on the last tax assessment records.
C. 
The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building. The person to whom the notice is directed shall have the opportunity to show cause at the hearing why the Hearing Officer should not order the building or structure to be demolished, otherwise made safe, or properly maintained.
D. 
The Hearing Officer shall be appointed by the Township Supervisor to serve at his or her 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 enforcing agency shall not be appointed as Hearing Officer. The enforcing agency 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 either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served on 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.
A. 
At a hearing prescribed by § 159-4, 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.
B. 
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 is a dangerous building under § 159-3J, the order may require the owner or agent to maintain the exterior of 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, agent, or lessee fails to appear or neglects or refuses to comply with the order issued under Subsection B, 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 § 159-4.
D. 
The Township Board shall fix a date not less than 30 days after the hearing prescribed in § 159-4 for a hearing on the findings and order of the Hearing Officer and shall give notice to the owner, agent, or lessee in the manner prescribed in § 159-4 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 legislative body 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 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 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.
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 chapter 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 upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the Township of the notice of the amount thereof, the Assessor shall add the same to the tax roll of the Township and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by the Township.
G. 
In addition to the other remedies under this chapter, 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. 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 notification of the lien is filed or recorded as provided by law.
[Added 5-8-2013 by Ord. No. 13-01]
An owner aggrieved by any final decision or order of the Township Board under § 159-5 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.
[Amended 5-8-2013 by Ord. No. 13-01]
Any person, firm or corporation violating any of the provisions of this chapter, or an order issued thereunder, shall be guilty of a misdemeanor, punishable by a fine not to exceed $500 and/or 90 days in jail, or both, in the discretion of the Court.
The enumeration of rights of action and remedies under this chapter shall not limit or derogate the rights of the Township at common law or in equity to other appropriate and proper remedies.