[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 10-26-1992 by Ord. No. 192. Amendments noted where
applicable.]
The provisions of this chapter of the Grosse
Ile Township Code are authorized pursuant to the provisions contained
in MCLA § 125.538 et seq., as amended.
For purposes of this chapter, a dangerous building
shall mean any building or structure that has one or more of the following
defects, or is in one or more of the following conditions:
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 Michigan, as amended, or the Building Code[2] of the Township of Grosse Ile 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 a new construction by the Housing Law of Michigan,
as amended, or the Building Code of the Township of Grosse Ile in
which the building or structure is located.
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 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 §§ 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.
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 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)
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.
It shall be unlawful for any person to own,
keep or maintain any building, structure, or dwelling or part thereof
which is a dangerous building as defined in this chapter of the Grosse
Ile Township Code.
If a building or structure is found to be a
dangerous building, the Building Inspector for the Township shall
issue a notice, in writing, of the dangerous and unsafe condition
of the building or structure. 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 records.
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 on 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.
The notice shall specify the time and place
of the 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.
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 Township shall not be appointed as hearing officer.
The Building Inspector shall file a copy of
the notice of the dangerous and unsafe condition of any building or
structure with the hearing officer.
At the hearing required by this chapter, the
hearing officer shall take the testimony of the Township's Building
Inspector, 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 or structure demolished, otherwise made safe, or properly maintained. 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 § 44-2J, 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.
A copy of the findings and order of the hearing
officer shall be served on each owner, agent, or lessee in the manner
prescribed in this chapter for service of the notice of the dangerous,
unsafe condition of the building or structure.
If the owner, agent or lessee fails to appear, or neglects or refuses to comply with the order issued under § 44-10, the hearing officer shall file a report of the findings and a copy of the order with the Township Board not more than five days after noncompliance by the owner, agent, or lessee, and request that necessary action be taken to enforce the order.
The Township Board of the Township of Grosse Ile shall fix a date not less than 30 days after the hearing described in § 44-9 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 this chapter for service of the notice of the dangerous, unsafe condition of the building or structure. 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 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 hearing as set forth in this section. In the case of an order of demolition, if the Township Board 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.
The cost of the demolition or making the building
or 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 chapter
shall be reimbursed to the Township by the owner or party in interest
in whose name the property appears. The owner or party in interest
in whose name the property appears upon the last local tax assessment
records shall be notified by the Assessor of the amount of the cost
of demolition, of making the building safe, or 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
of the Township. If the owner or party in interest fails to pay the
costs 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
the chapter. 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 section does not have priority over previously filed or recorded
liens and encumbrances. The lien for the costs 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 §§ 211.1 to 211.157 of the Michigan
Compiled Laws, as amended.
[Amended 7-22-2002]
A.
The Township Board may establish a Board of Appeals
to hear all of the cases and carry out all of the duties of the Township
Board described in this chapter. The Board of Appeals shall be appointed
by the Township Board of the Township and shall consist of the following
members:
(1)
A building contractor.
(2)
A registered architect or engineer.
(3)
Two members of the general public.
(4)
An individual registered as a building official, plan
reviewer or inspector under the Building Officials and Inspectors
Registration Act, Act No. 54 of the Public Acts of 1986, being §§ 338.2301
to 338.2313 of the Michigan Compiled Laws, as amended. The individual
may be an employee of the Township of Grosse Ile.
B.
The Board of Appeals members shall be appointed for
three years; except that, of the members first appointed, two members
shall serve for one year, two members shall serve for two years, and
one member shall serve for three years. A vacancy created other than
by expiration of a term shall be filled for the balance of the unexpired
term in the same manner as the original appointment. A member may
be reappointed for additional terms. The Board of Appeals annually
shall elect a Chairperson, Vice Chairperson, and other officers that
the Board considers necessary. A majority of the Board of Appeals
members appointed and serving constitutes a quorum. Final action of
the Board of Appeals shall be only by affirmative vote of a majority
of the Board members appointed and serving. The Township Board shall
fix the amount of any per diem compensation provided to the members
of the Board of Appeals. Expenses of the Board of Appeals incurred
in the performance of official duties may be reimbursed as provided
by law for employees of the Township Board. A meeting of the Board
of Appeals shall be held pursuant to the Open Meetings Act, Act No.
267 of the Public Acts of 1976, being §§ 15.261 to
15.275 of the Michigan Compiled Laws, as amended. Public notice of
the time, date, and place of the meeting shall be given in the manner
required by the Open Meetings Act. A writing prepared, owned, used,
in the possession of, or retained by the Board of Appeals in the performance
of an official function shall be made available to the public pursuant
to the Freedom of Information Act, No. 442 of the Public Acts of 1976,
being §§ 15.231 to 15.246 of the Michigan Compiled
Laws, as amended.
An owner or party in interest aggrieved by any
final decision or order of the Township Board, or the Board of Appeals
(if one is appointed), 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.
