City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
[Adopted 11-4-1996 by Ord. No. 1625]

§ 9-314 (Reserved) [1]

[1]
Editor's Note: Former §§ 9-314 through 9-325, derived from B&H Code §§ BH204 and BH314, as amended, were repealed 11-4-1996 by Ord. No. 1625.

§ 9-315 (Reserved)

§ 9-316 (Reserved)

§ 9-317 (Reserved)

§ 9-318 (Reserved)

§ 9-319 (Reserved)

§ 9-320 (Reserved)

§ 9-321 (Reserved)

§ 9-322 (Reserved)

§ 9-323 (Reserved)

§ 9-324 (Reserved)

§ 9-325 (Reserved)

§ 9-326 Definitions.

[Amended 12-1-2014 by Ord. No. 1930]
Generally. As used in this article, words and terms shall have the meanings ascribed to them in the building code adopted by § 9-22 and in Chapter 17 of this Code, unless indicated to the contrary. The following terms shall have the meanings indicated:
BOARD
The Building Board of Appeals as described in § 9-327.
DANGEROUS BUILDING
Any building or structure which, because of one or more violations of Chapter 9, Buildings and Building Regulations, and/or Chapter 17, Housing Code, of the City of Kalamazoo Code of Ordinances, is unsafe for occupancy or to the general public, or is a visual blight adversely affecting the general welfare of the area.

§ 9-327 Building Board of Appeals.

[Added 12-1-2014 by Ord. No. 1930[1]]
A. 
For the purpose of carrying out the provisions of this article, or Chapter 17, Article II, a Building Board of Appeals shall be created, consisting of seven members appointed by the City Commission, who meet one or more of the following qualifications:
(1) 
A residential builder, licensed by the state;
(2) 
An architect or engineer, registered in the state;
(3) 
An employee or representative of the general contracting business with experience in nonresidential building construction;
(4) 
An individual with experience in residential and/or commercial property leasing, maintenance, or similar capacity;
(5) 
An owner of residential property existing within the City;
(6) 
An owner of property located in an historic district within the City; and
(7) 
A resident of the City of Kalamazoo.
B. 
The City Fire Marshal and the Historic Preservation Coordinator shall be ex officio members of the Board with no voting power.
C. 
The Board members shall be residents of the City of Kalamazoo or owners or employees of a business which is located in the City of Kalamazoo, the majority of which are City residents.
D. 
Appointments of said Board members shall be for a three-year term except that the initial appointments shall be made up from current members of the Dangerous Building Board and the Housing Board of Appeals, keeping term expiration dates.
E. 
The Board shall elect from its membership a Chair, Vice Chair, and such other officers as it deems advisable. The terms of the officers are for one year and they are eligible for reelection. An employee of the Community Planning and Development Department shall act as recording secretary to receive and distribute all meeting minutes and to perform other relevant functions.
F. 
A majority of the members of the Board shall constitute a quorum. A majority of the members is required to take action on all matters not of an administrative nature, but a majority of a quorum may deal with administrative matters. Administrative matters, without limitation, consist of election of offices; amendments to rules of procedure; setting special meetings or adjourning a meeting; changes in meeting dates, times or locations; or similar actions not involving matters arising from this article or Chapter 17, Article II.
G. 
The Board shall adopt rules of procedure subject to approval by the City Commission.
H. 
All meetings of the Board shall comply with the Open Meetings Act.
[1]
Editor's Note: This ordinance also repealed former § 9-327, Dangerous Buildings Board, as amended.

§ 9-328 Maintenance prohibited.

[Amended 12-1-2014 by Ord. No. 1930]
It shall be unlawful for any owner or owner's agent to keep or maintain any dangerous building within the City.

§ 9-329 Notice of determination; other remedies.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
When the Building Official determines that a building is a dangerous building, the Building Official may:
(1) 
Issue a notice of such a determination by mailing it to the owner of the building. Such notice shall be mailed by first-class mail to the owner of the building and to any agent, lessee, mortgagee, or land contract vendee of record of whom the City has actual knowledge; and/or
(2) 
Issue a citation charging the property's owner or agent with a violation of Chapter 9 or Chapter 17 of the City of Kalamazoo Code of Ordinances.
B. 
If a notice of determination is issued, it shall identify the property at issue and shall contain the following provisions:
(1) 
A description of the conditions causing the building to be a dangerous building ("dangerous conditions") and identifying the necessary repairs to correct the dangerous conditions;
(2) 
An indication if permits for performance of work to repair the conditions are necessary;
(3) 
A deadline by which the City must receive a written commitment to perform the necessary repairs;
(4) 
A deadline for the repair of the dangerous building conditions; and
(5) 
An indication that if either of the deadlines mentioned above is not complied with, the Building Official may request that the Building Board of Appeals order that the City may have the building razed or repaired. The cost incurred by the City shall become a lien against the property enforceable in the same manner as delinquent taxes.

§ 9-330 Request for hearing.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
Any owner who has received such a notice of determination may file a written request for a hearing with the Building Board of Appeals asking that the Board:
(1) 
Extend the deadline to perform the required repairs; or if the Building Official desires the property to be razed, allow the owner a reasonable time to repair the dangerous conditions;
(2) 
Determine that the building is not, in fact, a dangerous building;
(3) 
Modify or delete (but not add to) some or all of the required repairs on the grounds that such repairs are unnecessary or excessive; and/or
(4) 
Determine that any aspect of the notice sent by the Building Official is in error, illegal, or unauthorized.
B. 
If the Building Official is not satisfied with the response (if any) to the notice of determination he/she previously sent, the Building Official may file a written request for a hearing with the Building Board of Appeals (even if the owner has also made such a request). The request shall ask the Board to order that the building be razed or that the dangerous conditions be repaired, either by the owner or by the City (or the City's designee).
C. 
An owner may not file a written request for a hearing before the Building Board of Appeals more than 10 days after the date the City mailed notice to such owner that the Building Official has requested a hearing.
D. 
Upon receipt of either of such requests, the City shall schedule a hearing with the Board and shall notify the owner (by first-class mail) of the time and place of the hearing.
E. 
If the decision of the Board either under Subsection A or Subsection B does not resolve the situation in a timely manner based on such decision, then either the owner (following Subsection A) or the Building Official (following Subsection B) may request another hearing before the Building Board of Appeals.

§ 9-331 Hearing.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
At the time and place provided in the notice of hearing, the Board shall conduct the hearing requested by the owner and/or the Building Official. At the hearing, the party who requested the hearing has the burden of proof to present clear and convincing evidence to support the requested relief. The evidence may include written documents, photographs, oral testimony of witnesses or affidavits. For the Board to consider any written documents, photographs or affidavits, those shall be provided to the other party at least five days before the hearing, unless the Board finds good cause for not adhering to that deadline, or the other party has no objection for the Board to consider that evidence. The Board will consider only that evidence that is relevant to the issues before it. The Board may exclude evidence that is irrelevant, immaterial or unduly repetitious. In weighing the evidence, the Board may consider evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs and facts within the general knowledge of the community. The owner shall be entitled to be represented by counsel, to submit evidence, to cross-examine witnesses and to make arguments concerning the factual and legal issues. The Board shall ensure that the entire hearing is recorded.
B. 
Within 30 days after the conclusion of the hearing, the Board shall prepare its written decision and mail it, by first-class mail, to the owner and the Building Official. The decision shall be supported by specific findings of fact and shall state:
(1) 
That the relief sought, if any, by the owner is or is not granted, in whole or in part, the terms and conditions of that relief, and the reasons explaining the decision;
(2) 
That the relief sought, if any, by the Building Official is or is not granted, in whole or in part, the terms and conditions of that relief, and the reasons explaining the decision;
(3) 
That the owner is to be allowed a specified and reasonable time during which to repair the dangerous conditions, including any reasonable terms and conditions, and the reasons explaining the decision; and/or
(4) 
That the hearing is adjourned to a later time so that specified additional information can be obtained from the owner and/or the City and presented to the Board.
C. 
If the Board's decision is that the dangerous conditions should be repaired by the City or its designee, the decision shall provide a complete list of all repairs necessary to eliminate the dangerous conditions, along with an estimated cost to complete them.

§ 9-332 Appeal.

[Amended 6-19-2006 by Ord. No. 1804; 12-1-2014 by Ord. No. 1930]
An owner aggrieved by any final decision of the Board under § 9-331 may appeal that decision to the Kalamazoo County Circuit Court, provided that the appeal must be filed within 21 days from the date of the mailing of the Board's decision to the owner, or within such time period as provided by law.

§ 9-333 Placarding and vacating; abatement of rent.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
If the Board determines that a building is a dangerous building and that it should be razed or repaired, and no petition is filed within the time prescribed by § 9-332 (or such a petition is filed but denied), the Building Official shall post, in a conspicuous place on the dangerous building, a placard describing the Building Board of Appeals' ordered action. No person, other than the Building Official, shall deface or remove the placard.
B. 
All occupants of a dangerous building on which a placard was placed under this section shall vacate such building within a reasonable time, as required by the Building Official. No owner or operator shall let to any person for human occupancy, and no person shall occupy or permit anyone to occupy, such dangerous building on which the Building Official has placed a placard indicating the date on which such building is to be vacated. Only when the Building Official has provided the owner with written approval and the placard is removed from the dangerous building may human occupancy again occur. The Building Official shall remove such placard upon the complete repair of the dangerous conditions upon which the Board's decision was based.
C. 
If, under the provisions of this section, a dangerous building has been ordered vacated by the Building Official and there is no compliance with the order in the time specified, the Building Official may petition the appropriate court to obtain compliance, and the court may order the occupants to vacate the dangerous building forthwith.
D. 
If any dangerous building is occupied after it has been ordered vacated under this section, no rent shall be recoverable for the period of occupancy.

§ 9-334 Raze or repair.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
If the Board's decision is to have the City raze or repair the building, the City, at its sole option, may either:
(1) 
Assume the responsibility of performing the ordered task by use of City employees or by directly contracting with appropriately qualified persons or businesses to perform any or all of such task; or
(2) 
Assign the performance of the ordered task, by contract, to a receiver, who shall then assume the responsibility to perform, at its own expense, such task (by either its own employees or those with whom the receiver contracts).
B. 
If the City elects to perform the ordered task, either through its employees, third-party contractor or receiver, the owner shall reimburse the City for all costs it incurred in the effort (including reasonable administrative costs and expenses).

§ 9-335 Receiver bids.

[Amended 12-1-2014 by Ord. No. 1930]
If the City elects to contract the responsibility for razing or repairing the building to a receiver, the City shall put the matter out for bid, pursuant to established City procedure.

§ 9-336 Receiver control.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
If the City contracts with a receiver under § 9-335, the receiver shall:
(1) 
Be granted total control of the building and its premises to the extent necessary to cause the repairs to be performed; and
(2) 
Keep complete records of all work performed (materials and services) on the building.

§ 9-337 Receiver invoice.

[Amended 12-1-2014 by Ord. No. 1930]
Upon completion of the work required of the receiver by the contract, the receiver shall submit to the City a complete invoice listing all of the work performed and the cost (materials, supplies and services).

§ 9-338 Demand for payment.

[Amended 12-1-2014 by Ord. No. 1930]
A. 
Upon the completion of the raze or repair by either the City or the receiver, the City shall mail an invoice to the owner demanding payment by the owner of the cost incurred by the City or, if a receiver performs the ordered task, the amount of the receiver's bid to the City.
B. 
The owner shall pay the invoice within 30 days of the date on the invoice. If the owner fails to pay the invoice within such thirty-day period, the City, at its sole option, may pursue all of its legal and equity remedies under § 9-339.

§ 9-339 Remedies for nonpayment.

[Added 12-1-2014 by Ord. No. 1930[1]]
A. 
Declare the amount owing as a lien against the property and enforce collection in the same manner as delinquent property taxes, including accruing interest and administrative fees as allowed by law regarding delinquent taxes.
B. 
File suit in the appropriate court in Kalamazoo County seeking a money judgment as if the amount owed by the owner is past due for an open account.
C. 
Commence foreclosure proceedings against owner pursuant to applicable laws, including the power to sell the subject real estate at public auction by advertisement, without notice or hearing, except as required by Michigan statutes.
(1) 
If the proceeds from a foreclosure sale are insufficient to pay the sum due, the City may recover said deficiency in the same manner as delinquent property taxes.
D. 
Any judgment, including the cost for reasonable attorney fees incurred, obtained by the City shall bear interest at the statutory allowed rate for money judgments.
[1]
Editor's Note: This ordinance also repealed former § 9-339, Petition for payment.

§ 9-340 Purchase by receiver.

[Amended 12-1-2014 by Ord. No. 1930]
The receiver may bid at the foreclosure sale; if its bid is the highest bid, the sum due to it (as determined by the court) may be applied to said bid (so as to reduce the sum otherwise payable by the receiver).

§ 9-341 Recovery of deficiency.

A. 
If the proceeds from a foreclosure sale are insufficient to pay the sum ordered by the court, the City may recover said deficiency:
(1) 
By directing the Assessor to add the amount due to the next tax roll of the City such that said sum is collected in the same manner as provided by law for collection of taxes; or
(2) 
By petitioning the court, in the foreclosure action, for the entry of a civil money judgment.

§ 9-342 Alternative means of recovery.

A. 
If the sum demanded by the City from the property's owner is not timely paid and the City elects not to pursue a foreclosure sale, the City may recover said sum:
(1) 
By directing the Assessor to add the amount due to the next tax roll of the City such that said sum is collected in the same manner as provided by law for collection of taxes; or
(2) 
By filing suit in the appropriate court requesting the entry of a civil money judgment.

§ 9-343 Lis pendens.

[Amended 12-1-2014 by Ord. No. 1930]
Upon commencement of razing or repairing the dangerous building, the City may record a notice of lis pendens with respect to the future claim the City will assert (in its own name and/or on behalf of the receiver) for the costs to raze or repair such building.

§ 9-344 Exercise of control.

[Amended 12-1-2014 by Ord. No. 1930]
From the time repairs commence by the City, including through a third-party contractor or through a receiver, until the time the cost of those repairs is fully paid by the owner, the owner shall exercise no control over the building nor occupy nor cause or allow another to occupy such dangerous building.

§ 9-345 Fees for recovery of costs of actions.

[Added 12-1-1997 by Ord. No. 1644; amended 12-1-2014 by Ord. No. 1930]
A. 
The City Commission may, by resolution, establish reasonable fees for covering the costs of actions taken by the Building Official and/or the Building Board of Appeals in enforcing the terms of §§ 9-314 through 9-345.
B. 
The means of recovering costs set forth in §§ 9-338 through 9-343 shall also apply to the recovery of said costs of actions.

§ 9-346 through § 9-350. (Reserved)