[Amended 4-12-2018]
A.
The provisions of this chapter shall be administered by the Township
Planning Commission, the Zoning Board of Appeals, and the Board of
Trustees in accordance with Act 33 of Michigan Public Acts of 2008,[1] as amended, and Act 110 of the Michigan Public Acts of
2006, as amended.[2]
[Amended at time of adoption of Code (see Ch. 20, Code Adoption,
Art. II)]
B.
The Township Board of Trustees shall employ or designate a Building
Official to act as its officer, or officers, to effect the proper
and consistent administration and enforcement of this chapter. The
terms and conditions of employment or designation shall be established
by the Board of Trustees.
C.
A "building official" is the officer or other designated authority
charged with the administration and enforcement of the Lawrence Township
Building Code, or his or her duly authorized representative, and is
also known as the "Zoning Administrator" for purposes of this chapter.
D.
The designation of a building official may be by ordinance or resolution.
E.
The Building Official is tasked with enforcement of this chapter, and the Code of the Township of Lawrence, Chapters 2, 5, 6, 15, 16, 17, 19, and 26, and all other Lawrence Township ordinances related to land use and construction. The Township may employ multiple building officials with equal, overlapping, and/or distinct authority. A building official may take actions that require a license under state or federal law only if duly licensed. A licensed building official may provide the factual support for a citation or action initiated by another building official or enforcement officer.
[Amended 4-12-2018]
The Building Official, Planning Commissioner, or other person
or entity tasked by ordinance or resolution with the enforcement of
this chapter, while acting for the Township, shall not thereby render
himself/herself liable personally, and he/she is hereby relieved from
all personal liability for any damage that may accrue to persons or
property as a result of any act required or permitted in the discharge
of his/her official duties. Any suit instituted against any of the
aforementioned because of an act performed by him/her in the lawful
discharge of his/her duties and under the provisions of this chapter
shall be defended by the legal representative of the Township until
the final termination of the proceedings. In no case shall any of
the aforementioned be liable for costs in any action, suit or proceeding
that may be instituted in pursuance of the provisions of this chapter,
and any of the aforementioned acting in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of his/her
official duties in connection herewith.
It shall be the responsibility of the Building Official to enforce
the provisions of this chapter and in so doing shall perform the following
duties:
A.
Issue permits. All applications for building permits shall be submitted
to the Building Official, who shall issue building permits and certificates
of occupancy when all applicable provisions of this chapter have been
complied with.
B.
File applications. The Building Official shall maintain files of
all applications for zoning permits and for certificates of occupancy
and shall keep records of all zoning permits and certificates of occupancy
issued. These shall be filed with the Building Official; such files
and records shall be open to public inspection. Copies shall be furnished
upon request to any person. Cost for these copies will be determined
by the Board of Trustees.
C.
Official copies. Maintain one official copy of an updated zoning
ordinance and Zoning District Map, and its amendments.
D.
Inspections. The Building Official or his/her authorized agent shall
be empowered to make inspections of buildings or premises in order
to properly carry out the enforcement of this chapter.
E.
Record of complaints. The Building Official shall keep a record of
every identifiable complaint of a violation of any of the provisions
of this chapter, and of the action taken consequent to each such complaint;
such records shall be public record.
F.
Report to Township Board. The Building Official shall report to the
Lawrence Township Board at least quarterly summarizing for the period
since the last previous report of all building permits, and certificates
of occupancy, all complaints of violation, all appeals, variances
and exceptions granted by the Zoning Board of Appeals and state action
taken subsequent thereto. Closed files shall be forwarded to the Township
Clerk.
The following provisions shall apply, subject to the approval
and/or upon the request of the Township Board.
A.
Adopt rules and guidelines for the proper administration and enforcement
of this chapter.
B.
Act as a policy board on matters of enforcement and administration
of this chapter not covered by adopted rules or guidelines.
C.
Conduct public hearings.
D.
Make comprehensive review and recommend changes to this chapter every
five years.
F.
Planning Commission members shall attend training sessions as required
by the Township Board of Trustees.
A.
The Planning Commission shall adopt rules and regulations to govern
its procedures. The Planning Commission shall appoint one of its members
as Chairperson. The concurring vote of a majority of the members of
the Planning Commission shall be necessary to revise any order, requirements,
decision or to decide in favor of an applicant any matter upon which
it is required to pass under this chapter or to effect any variation
in this chapter.
B.
Meetings of the Planning Commission shall be held at the call of
the Chairperson and at such other times as the Board in its rules
of procedure may specify. Minutes shall be kept of each meeting, and
the Commission shall record into the minutes all findings, conditions,
facts, and other relevant factors, including the vote of each member
upon each question or, if absent or failing to vote, indicating such
fact, and all of its official actions. All meetings and records shall
be open to the public. All minutes shall be filed in the office of
the Township Clerk.
C.
The Planning Commission shall fix a reasonable time and date for
a hearing. The Commission shall give due notice of the hearing by
mail to the parties of interest and to owners of adjacent properties.
Where the hearing, in the opinion of the Township Attorney, concerns
matters of general applicability in the Township and does not concern
only individual lots or parcels, such notice shall be given in a newspaper
of general circulation in the Township. However, the Planning Commission
shall also notify the parties of interest by mail. All notices of
a hearing shall be mailed and published at least five days prior to
the date on which the hearing is to be held.
[Amended 4-12-2018]
D.
Waivers; consultation with Township Attorney; exceptions.
[Added 4-12-2018; amended
at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]
(1)
The Township of Lawrence recognizes that its ordinances may require
a matter to be heard in a regular meeting, with a particular amount
of notice, manner of notice, or similar requirement, but that hearing
or noticing a matter in such a way may be impractical, create a hardship
on an applicant, or have other issues or adverse effects. Therefore,
this chapter's provisions that require a type of a meeting, method
of notice, notice period, or other similar or related matter may be
waived by the person permitted to call any such meeting or provide
said notice. This waiver is permitted only if the subsequent scheduling,
meeting, and/or notice is consistent with state and federal law and
regulations.
(2)
This provision allows the person permitted to call a meeting the needed flexibility, regardless of the use of mandatory language such as "shall" in particular sections of this chapter. This applies to but is not limited to § 1-5.5J regarding the ZBA, § 1-7.1C(1) regarding the Planning Commission, § 1-7.1C(3) regarding the Board, and other sections.
Excavation for building or structure shall not be commenced, the erection, addition to, alteration of, or moving of any building or structure shall not be undertaken, or any land shall not be used, or an existing use of land shall not be changed to a use of the different type of class, until a zoning permit or a certificate of occupancy has been secured from the Building Official. A zoning permit shall not be issued for those uses requiring a special use permit, as provided for in this chapter, until a special use permit has been approved in compliance with the provisions of Article VII of this chapter. A zoning permit shall not be issued for those uses requiring more than 10 parking spaces until the site plan has been reviewed and approved, as provided in Article VIII of this chapter.
A.
Suspension of permit. Any permit issued shall become invalid if the
authorized work is suspended or abandoned for a period of six months
after the time of commencing the work, unless in the case of building
permits the development proposed shall have passed its first building
inspection or is extended by the Building Official.
B.
Previous approvals. Nothing in this chapter shall require changes
in the plans, construction or designated use of a building for which
a lawful building, electrical, mechanical or plumbing permit has been
heretofore issued or otherwise lawfully authorized, and the construction
and/or installation of which shall have been commenced within 90 days
after the effective date of this chapter; and the entire building
or installation shall be completed as authorized within two years
after the date of approval of the application or as extended by the
Township Board, based upon showing a good cause.
C.
Revocation of permits.
[Amended 4-12-2018]
(1)
No person or entity may make any false statement or misrepresentation
in procuring any permit or approval, whether in the application itself,
any submitted documents, photos, exhibits, or written or oral statements,
and regardless of whether such permit or approval is issued by a Building,
Electrical, Plumbing, Mechanical, or other Official or agent, the
Township itself, or subdivision thereof, such as the Zoning Board
of Appeals, the Planning Commission, a department, or other subdivision,
including but not limited to special use permits, building permits,
variances, permissions to use public facilities, and any other permits
or approvals of the Township. This includes any false statements or
misrepresentations, regardless of intent, knowledge, negligence, or
culpability of the person or entity holding the permit or approval,
whether said statements or misrepresentation were made by the holder
of the permit or approval, an applicant, an agent of either, a predecessor,
or other person or entity if said statement or misrepresentation was
material to the granting of the permit or approval. This may allow
for the revocation of the historic permit or approval, and may result
in subsequent or contemporaneous permits or approvals being revoked.
(2)
Nothing in this chapter should be construed to limit the revocation of permits or approvals in a municipal civil infraction under Chapter 25 of the Code of the Township of Lawrence, which may be required to give effect to this chapter. This chapter does not affect the Township's ability to revoke permits and approvals under other law or regulations.
D.
Inspection. The Building Official shall cause to be made the appropriate
inspections as required under the State Construction Code and state
amendments.
E.
Fees. All fees for inspection and the issuance of permits or certificates
required under this chapter shall be collected by the Building Official
in advance of issuance. The amount of such fees shall be established
by resolution of the Lawrence Township Board of Trustees and shall
be in an amount sufficient to defray the cost of inspections and supervision
necessary for the implementation and enforcement of this chapter.
No land shall be occupied or used and no building shall be used
or changed in use until a certificate of occupancy or zoning permit
shall have been issued by the Building Official, stating that the
building and its intended use comply with the provisions of this chapter.
A.
Certificates for existing buildings. Certificates of occupancy may
be issued upon request for existing buildings, structures, or parts
thereof, or existing uses of land if, after inspection, such uses
of land are in conformity with the provisions of this chapter.
B.
Administration of zoning permits and certificates of occupancy. In
cases where a building permit is required under the State Construction
Code, the application and issuance of a zoning permit and a certificate
of occupancy shall be fully coordinated and integrated into the building
permit application and inspection process. As such, an application
for a building permit shall also serve as an application for a zoning
permit, and the granting or final approval on a building permit shall
constitute a final approval of a zoning permit and eligibility for
a certificate of occupancy.
A.
Violations and penalties. The Building Official shall enforce the
provisions of this chapter. Violations of any provisions of this chapter
are declared to be nuisance per se.
[Amended 4-12-2018]
B.
Enforcement procedure. It shall be unlawful for any person to commence
operations of any kind that are in violation of the terms of this
chapter, and any violations shall be subject to the penalties herein
prescribed.
(1)
Inspection of violation. The Building Official or his agent shall
inspect each alleged violation of this chapter within a reasonable
period of time of receipt of a notice of an alleged violation and
issue an order to correct to the offender.
(2)
Correction period; requirements of notice.
[Amended 4-12-2018]
(a)
Whenever a violation has been confirmed by the Building Official,
the Building Official shall give notice, in writing, by First Class
Mail addressed to the owner and occupant of the property where the
violation exists and to any person(s) otherwise responsible for said
violation. The notice shall specify the location and nature of the
violation, and shall indicate that the owner, occupant or person otherwise
responsible is required to abate or correct the violation or file
the necessary appeal forms with the Zoning Board of Appeals, and shall
state the appeal period for appealing the violation with the Zoning
Board of Appeals as established by general rule of the Zoning Board
of Appeals. The resumption of a corrected or abated violation shall
be deemed a continuing violation and must be appealed within the time
set by general rule of the Zoning Board of Appeals. If the occupant
or owner of the premises is unknown or cannot be located, notices
shall be given by posting a copy of said notice upon a conspicuous
part of the property where the public nuisance is located and by mailing
a copy of said notice by First Class Mail, addressed to the owner
or party in interest at the address shown on the current tax records.
A violation not corrected within the specified time shall be referred
to the Township Attorney.
(b)
Pursuant to MCLA § 125.3604(3), the appeal to the
ZBA stays the further proceedings unless the body or officer from
whom the appeal is taken certifies to the Zoning Board of Appeals
after the notice of appeal is filed that, by reason of facts stated
in the certificate, a stay would in the opinion of the body or officer
cause imminent peril to life or property; proceedings may be stayed
only by a restraining order issued by the Zoning Board of Appeals
or a circuit court.
C.
Any person found to have violated any of the provisions of this chapter by a court of competent jurisdiction, is responsible for a municipal civil infraction under Chapter 25 of the Code of the Township of Lawrence.
[Amended 4-12-2018]
D.
Cumulative rights and remedies. The rights and remedies provided
herein are cumulative and in addition to any other remedies provided
by law.
E.
The Building Official shall refuse to issue new zoning permits to
a person who has refused to correct violations of this chapter or
the current State Construction Code in a timely manner on the subject
property or any other property within the Township.
In the interpretation, application and enforcement of this chapter,
whenever any of the provisions or limitations imposed or required
herein are more stringent than any other law or ordinance, then the
provisions of this chapter shall govern, provided that whenever the
provisions of any other law or ordinance impose more stringent requirements
than are imposed or required by this chapter, then the provisions
of such other law or ordinance shall govern.
