[Adopted 4-5-1993 by Ord. No. 72]
As used in this article, the following terms shall have the meanings
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 this article or building codes of the
Township.
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 this article or of the building codes 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 partially or completely collapse, or some portion
of the foundation or underpinning of the building or structure is likely to
fall or give away.
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 Building Inspector 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
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.
(1)
This subsection does not apply to either of the following:
(a)
A building or structure as to which the owner or agent does both of
the following:
[1]
Notifies a local law enforcement agency in whose jurisdiction the building
or structure is located that the building or structure will remain unoccupied
for a period of 180 consecutive days. The notice shall be given to the local
law enforcement agency by the owner or agent not more than 30 days after the
building or structure becomes unoccupied.
[2]
Maintains the exterior of the building or structure and adjoining grounds
in accordance with this article or building codes of the Township.
(b)
A secondary dwelling of the owner that is regularly unoccupied for a
period of 180 days or longer each year, if the owner notifies a local law
enforcement agency in whose jurisdiction the dwelling is located 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 law enforcement agency 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.
Notwithstanding any other provision of this article, if a building or
structure is found to be a dangerous building, the Building Inspector shall
issue a notice that the building or structure is a dangerous building. The
notice shall be served on the owner, agent or lessee that is registered with
the Township. If an owner, agent or lessee is not registered with the Township,
the notice shall be served on each owner of or party in interest in the building
or structure in whose name the property appears on the last local tax assessment
rolls.
A. The notice shall specify the time and place of a hearing
on whether the building or structure is a dangerous building. The person to
whom the notice is directed shall have the opportunity to show cause at the
hearing why the hearing officer should not order the building or structure
to be demolished, otherwise made safe, or properly maintained.
B. The hearing officer shall be appointed by the Township
Supervisor to serve at his or her pleasure. 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. The enforcing agency shall file a copy
of the notice that the building or structure is a dangerous building with
the hearing officer.
C. 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 the owner or party in interest
at the address shown on the tax records. If a notice is served on a person
by certified mail, a copy of the notice shall also be posted upon a conspicuous
part of the building or structure. The notice shall be served upon the owner
or party in interest at least 10 days before the date of the hearing included
in the notice.
At a hearing prescribed in this article, the hearing officer shall take
testimony of the Building Inspector, the owner of the property, and any interested
parties. 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 or structure demolished, otherwise made safe, or properly maintained.
A. If the hearing officer determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the hearing officer shall so order, fixing a time in the order for the owner, agent, or lessee to comply with the order. If the building is a dangerous building under §
50-25 hereof, the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building, including, but not limited to, the maintenance of lawns, trees and shrubs.
B. If the owner, agent, or lessee fails to appear or neglects or refuses to comply with the order issued under §
50-27A, the hearing officer shall file a report of the findings and a copy of the order with the Township Board of Appeals not more than five days after noncompliance by the owner and request that 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.
C. The Board of Appeals shall fix a date not less than in
30 days after the hearing prescribed above 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 above 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 Board of Appeals of
the Township shall either approve, disapprove, or modify the order. If the
Board of Appeals approves or modifies the order, the legislative body 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 subsection. In the case of an
order of demolition, if 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 subsection.
D. The cost of the demolition, of making the structure 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 article shall be reimbursed to the Township by the owner
or party in interest in whose name the property appears.
E. The owner or party in interest in whose name the property
appears upon the last tax assessment records shall be notified by the Assessor
of the amount of the cost of demolition, of making the building safe, or of
maintaining the exterior of the building or structure or grounds adjoining
the building or structure by first class mail at the address shown on the
records. If the owner or party in interest fails to pay the cost within 30
days after mailing by the Assessor of the notice of the amount of the cost,
the Township shall have a lien for the cost incurred by the Township to bring
the property into conformance with this article. The lien shall not take effect
until notice of the lien has been filed or recorded as provided by law. A
lien provided for in this subsection does not have priority over previously
filed or recorded liens and encumbrances. The lien for the cost shall be collected
and treated in the same manner as provided for property tax liens under the
General Property Tax Act, Act No. 206 of the Public Acts of 1893, being MCLA
§§ 211.1 to 211.157 of the Michigan Compiled Laws.
F. In addition to other remedies under this article, the
Township may bring an action against the owner of the building or structure
for the full costs of demolition, of making the building safe, or of maintaining
the exterior of the building or structure or grounds adjoining the building
or structure. The Township shall have a lien on the property for the amount
of a judgment obtained pursuant to this subsection. The lien provided for
in this subsection shall not take effect until notice of the lien is filed
or recorded as provided by law. The lien does not have priority over prior
filed or recorded liens and encumbrances.
A person who fails or refuses to comply with an order approved or modified
by the Township Board or Board of Appeals within the time prescribed by this
article is guilty of a misdemeanor, punishable by imprisonment for not more
than 120 days or a fine of not more than $1,000 or by both.