[HISTORY: Adopted by the Township Board of the Township of New Buffalo 12-18-1969 by Ord. No. 691218; amended in its entirety 5-17-2021 by Ord. No. 05172021A. Subsequent amendments noted where applicable.]
It shall be unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous or unsafe building as defined in § 117-2 of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
DANGEROUS OR UNSAFE BUILDING
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 exit does not conform to the approved Building or Fire Code of the Township, it shall be considered that such dwelling does not meet the requirements of this chapter.
B. 
Whenever any portion has been damaged by fire, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause in such a manner that the structural strength or stability is appreciably less than it was before the damage and is less than the minimum requirements of any Township ordinance, code or state law for a new building or similar structure, purpose or location.
C. 
Whenever any portion or 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 wind than is required in the case of new construction by any Township ordinance, code or state law.
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 away.
F. 
Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used or is intended to be used.
G. 
Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.
H. 
Whenever a building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is in a condition that is likely to cause sickness or disease or is likely to injure the health, safety or general welfare of the people living in the dwelling.
I. 
Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
A. 
When the whole or any part of any building or structure is found to be a dangerous or unsafe building, the Township Building Inspector shall issue a notice that the building or structure is a dangerous or unsafe building.
B. 
Such notice shall be directed to the owner, agent or lessee if registered with the Township Clerk for that purpose. If no owner, agent or lessee has been registered, then such notice shall be directed to each owner of or party in interest in the building in whose name that certain real property appears on the last local tax assessment records.
C. 
The notice shall specify the time and place of a hearing on the condition of the building or structure, at which time and place the person to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.
D. 
A hearing officer shall be appointed by the Township Supervisor to serve at the pleasure of said Supervisor. The Township Clerk shall file a copy of the notice of dangerous and unsafe condition with the hearing officer. 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.
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 such owner or party in interest at the address shown on the most recent Township tax records, at least 10 days before the date of hearing described in the notice. If a notice is served upon a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure.
A. 
At the hearing prescribed by this chapter, the hearing officer shall take testimony and evidence presented by the enforcing Township officials, 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 to be demolished, otherwise made safe, or properly maintained.
B. 
If it is determined by the hearing officer that the building or structure should be demolished, otherwise made safe, or properly maintained, he shall so order specifying what action the owner, agent or lessee shall take and fixing a date by which the owner, agent or lessee shall comply therewith.
C. 
If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order issued above, the hearing officer shall file a report of his findings and copy of his order with the Township Board not more than five days after the date for compliance set in the order, and request that the 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 § 117-3 herein.
D. 
The Township Board shall fix a date for hearing, reviewing the findings and order of the hearing officer not less than 30 days after the hearing prescribed in § 117-4A above and shall give notice to the owner, agent or lessee in the manner prescribed in § 117-3 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 Township Board shall take all action necessary 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. For an order of demolition, if the Township Board determines that the building or structure has been substantially destroyed by wind, fire, flood, deterioration, neglect, abandonment, vandalism or other cause, and the cost of the repair 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 in this subsection. If the estimated cost of repair exceeds the state equalized value of the building or structure to be repaired, there is a rebuttable presumption that the building or structure requires immediate demolition.
E. 
In the event of the failure or refusal of the owner or party in interest to comply with the decision of the Township Board, the Township Board may, in its distraction, contract for the demolition, making safe or maintaining the exterior of the building or structure or grounds adjoining the building or structure.
F. 
The cost of the demolition or 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. The cost of demolition includes, but is not limited to, fees paid to the hearing officer, costs of title searches or commitments used to determine the parties in interest, recording fees for notices and liens filed with the county register of deeds, demolition and dumping charges, court reporter attendance fees, and costs of the collection of the charges authorized under this chapter.
G. 
The owner or party in interest in whose name the real property appears upon the most recent Township tax assessment records shall be notified of the amount of such cost by first-class mail at the address shown on Township records.
H. 
If such owner or party in interest fails to pay the costs within 30 days after mailing by the Assessor of notice of the amount thereof, the Township shall have a lien for the costs incurred to bring the property into conformance with this chapter. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. The lien shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, 1893 PA 206, as amended.[1]
[1]
Editor's Note: See MCLA § 211.1.
An owner aggrieved by any final decision or order of the Township Board may appeal the decision or order to the Berrien County Circuit Court by filing a petition for an order of superintending control within 20 days after the date of the decision or order.
Any person, firm, or corporation, whether as an occupant, owner, lessee, licensee, agent, contractor, servant, employee or otherwise, who violates any of the provisions of this chapter shall, in addition to the other provisions of this chapter, be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $100, or by imprisonment in the county jail not to exceed 90 days, or by both such fine and imprisonment. Each day a violation continues to exist shall constitute a separate offense. Any violation of this chapter is hereby declared to constitute a public nuisance.
This chapter is enacted according to the statutes and laws of the State of Michigan, including but not limited to the provisions of Act 246 of 1945[1] and also adopts as though fully set out herein the provisions of Act 61 of 1969.[2]
[1]
Editor's Note: See MCLA 41.181 et seq.
[2]
Editor's Note: See MCLA § 125.538 et seq.
Any ordinance or parts of ordinances in conflict herewith are hereby repealed to the extent necessary to give this chapter full force and effect.
The foregoing remedies and penalties are in addition to all other rights and powers of the Township to proceed at law or equity with other and additional appropriate remedies, including, but not limited to, injunctive relief.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.
This chapter shall be effective 30 days following publication as provided by law.