An ordinance to regulate dangerous structures injurious to life
or health; to provide for a means by way of hearings for the making
safe or demolition of such dangerous structures; to provide for the
appointment of a hearing officer; to provide penalties for the violation
of said ordinance; to provide for assessment of the cost of said making
safe or demolition of dangerous structures.
This chapter shall be known and cited as the "Lawrence Township
Dangerous Structures Ordinance."
It is the intent of this chapter to secure the public peace,
health, safety and welfare of the residents and property owners of
the Township of Lawrence, Van Buren County, Michigan, by regulation
of dangerous structures injurious to life or health.
As used in this chapter, including in this section, the following
words and terms shall have the meanings stated herein:
DANGEROUS STRUCTURE
Any building or structure, residential or otherwise, which
has any of the following defects or is in any of the following conditions:
A.
Whenever any door, aisle, passageway, stairway or other means
of ingress or egress does not conform to the State Construction Code enforced in Lawrence Township, it shall be considered
that such structure does not meet the requirements of this chapter.
B.
Whenever any portion has been damaged by fire, wind, flood or
by any other cause in such a manner that the structural strength or
stability is appreciably less than it was before such catastrophe
and is less than the minimum requirements of the Building Code of
Lawrence Township for a new building or similar structure, purpose
or location.
C.
Whenever any portion of a member or appurtenance is likely to
fall or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
D.
Whenever any portion has settled to such an extent that walls
or other structural portions have materially less resistance to winds
than is required in the case of new construction by the Building Code
of Lawrence Township.
E.
Whenever the building or structure or any part, because of dilapidation,
deterioration, decay, faulty construction, or because of the removal
or movement of some portion of the ground necessary for the purpose
of supporting such building or portion thereof, or for other reason,
is likely to partially or completely collapse or some portion of the
foundation or underpinning is likely to fall or give way.
F.
Whenever, for any reason whatsoever, the building or structure
or any portion is manifestly unsafe for the purpose for which it is
used.
G.
When the building or structure has been so damaged by fire,
wind, or flood, or has become so dilapidated or deteriorated so as
to become an attractive nuisance to children who might play therein
to their danger, or as to afford a harborage for vagrants, criminals
or immoral persons, or as to enable persons to resort thereto for
the purposes of committing a nuisance or unlawful or immoral act.
H.
Whenever a building or structure, because of dilapidation, decay
damage or faulty construction or arrangement or otherwise, is unsanitary
or unfit for human habitation or is in a condition that is likely
to cause sickness or disease when so determined by the Health Officer,
or is likely to cause injury to the health, safety or general welfare
of those living or working within.
I.
Whenever any building or structure becomes vacant, dilapidated
and open at window or door, leaving the interior of the building exposed
to the elements or accessible to entrance by trespassers.
J.
Whenever 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 section 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 County Sheriff's Department 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)
Maintains the exterior of the building or structure and adjoining
grounds in accordance with this chapter and the Township Building
Code.
(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 County Sheriff's 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
Sheriff's 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 the year.
ENFORCING AGENCY
Lawrence Township, through the Township Building Official
and/or such other officials or agency as may be designated by the
Township Board to enforce this chapter.
TOWNSHIP BUILDING CODE
The State of Michigan Building Code administered and enforced
in Lawrence Township pursuant to the State Construction Code Act,
Act No. 230 of the Public Acts of 1972, as amended, being MCLA § 125.1501
et seq.
It shall be unlawful for any owner or agent thereof to keep
or maintain any building or part thereof which is a dangerous building
or structure as defined in this chapter.
Upon receiving the findings and order of the hearing officer, the Lawrence Township Board shall fix a date for a hearing, reviewing the findings and order of the hearing officer and shall give notice to the owner or party in interest in the manner prescribed in §
19-6D 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, or properly maintained, and the Township Board shall either approve, disapprove or modify the order for demolishing, making safe, or properly maintaining of the building or structure. If the order is approved or modified, the owner or agent shall comply with the order within 60 days after the date of the hearing under this section.
[Amended 4-12-2018]
A person who fails or refuses to comply with an order approved or modified by the Township Board under §
19-8 of this chapter within the time prescribed by the section is responsible for a municipal civil infraction under Chapter
25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
An owner or party in interest aggrieved by any final decision
of the Lawrence Township Board may appeal the decision or order to
the Circuit Court for the County of Van Buren by filing a petition
for an order of superintending control within 20 days from the date
of such decision.
The provisions of this chapter are hereby declared to be severable,
and if any clause, sentence, word, section or provision is hereafter
declared void or unenforceable for any reason by any court of competent
jurisdiction, it shall not affect the remainder of such chapter, which
shall continue in full force and effect.
This chapter shall take effect 30 days after publication as
required by law.