This chapter shall be known and cited as the Denton Township
Dangerous Buildings Ordinance.
As used in this chapter, including in this section, the following
words and terms shall have the meanings stated herein:
DANGEROUS BUILDING
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.
A door, aisle, passageway, stairway or other means of exit does
not conform to the Township Fire Code.
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
Housing Law of the State of Michigan, Act No. 167 of the Public Acts
of 1917, as amended, being MCLA § 125.401 et seq., or the
Michigan Residential or Building Codes 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 Housing Law of the State of
Michigan, Act No. 167 of the Public Acts of 1917, as amended, being
MCLA § 125.401 et seq., or the Michigan Residential or Building
Codes.
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 partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fall or give way.
F.
The building or 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 for 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 of the township or county 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 MCLA § 339.2501 et seq., or is not publicly offered
for sale by the owner. This subsection does not apply to either of
the following:
(1)
A building or structure as to which the owner or agent does
both of the following:
(a)
Notifies the Roscommon County Sheriff's Department and
the Township Clerk that the building or structure will remain unoccupied
for a period of 180 consecutive days. The notice shall be given by
the owner or agent not more than 30 days after the building or structure
becomes unoccupied.
(b)
Maintain the exterior of the building or structure and adjoining
grounds in accordance with the Housing Law of the State of Michigan,
Act No. 167 of the Public Acts of 1917, as amended, being MCLA § 125.401
et seq., and the Michigan Residential or Building Codes.
(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 Roscommon County Sheriff's Department and the Denton Township
Clerk 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 Roscommon County Sheriff's
Department not more than 30 days after the dwelling no longer qualifies
for this exception. As used in this subparagraph, "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 year.
ENFORCING AGENCY
This Township, through the Township Building Official and/or
such other official(s) or agency as may be designated by the Township
Board to enforce this chapter.
It shall be unlawful for any owner or agent thereof to keep
or maintain any building or part thereof which is a dangerous building
as defined in this chapter.
The Township Board, or the Dangerous Building Board of Appeals, as applicable, shall fix a date not less than 30 days after the hearing prescribed in §
136-5C of this chapter 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 §
136-4D of this chapter 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 or the Board of Appeals shall either approve, disapprove or modify the order. If the Township Board or the Board of Appeals 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 or the Board of Appeals 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.
An owner aggrieved by any final decision or order of the Township Board, or the Board of Appeals, as applicable, under §
136-6 of this chapter 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.