Township of Grosse Ile, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Township of Grosse Ile 10-26-1992 by Ord. No. 192. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 40.
Fire prevention — See Ch. 110.
Nuisances — See Ch. 167.
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:
A. 
A door, aisle, passageway, stairway, or other means of exit does not conform to the approved Fire Code[1] of the Township of Grosse Ile in which the building or structure is located.
[1]
Editor's Note: See Ch. 110, Fire Prevention.
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.
[2]
Editor's Note: See Ch. 40, Building Construction.
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.
(b) 
Maintains the exterior of the building or structure and adjoining grounds in accordance with the Housing Law of Michigan, as amended, or the Building Code[3] of the Township of Grosse Ile in which the building or structure is located.
[3]
Editor's Note: See Ch. 40, Building Construction.
(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]
Penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3. The provisions of Chapter 1, Article II, Municipal Civil Infractions, also apply to violations of this chapter.
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.