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.
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.