Municipal Code
CHAPTER 1478 Dangerous Buildings
1478.01 Purpose.
1478.02 Definitions.
1478.03 Prohibition.
1478.04 Notice of dangerous conditions.
1478.05 Hearing before officer.
1478.06 Village Council review.
1478.07 Judicial review.
1478.08 Collection of compliance costs.
1478.09 Judgment; enforcement against assets of owner.
1478.99 Noncompliance with order; misdemeanor.
CROSS REFERENCES
State Construction Code - see M.C.L.A. 125.1501 et seq.
Authority of Village re Building Code - see CHTR. Ch.
II, §2(4)
Nonconforming buildings - see P. & Z. 1242.04(g), Ch.
1264
Temporary buildings - see P. & Z. 1244.07(b)(7)
Restoration of dangerous buildings - see P. & Z. 1268.21
Use of accessory buildings for dwelling purposes - see
P. & Z. 1268.16
Demolition and removal of structures - see B. & H. Ch.
1460
1478.01 PURPOSE.
This chapter is adopted pursuant to Act 167 of the
Public Acts of 1917 of the State of Michigan, being
M.C.L.A. 125.538 et seq., as amended, to provide for the
regulation, making safe and demolition of dangerous
buildings and structures, and to provide a procedure for
the regulation, making safe and demolition of dangerous
buildings and structures.
(Ord. 2000 117. Passed 11 13 00.)
1478.02 DEFINITIONS.
The following definitions shall apply in the
interpretation of this chapter:
(a) Building. A structure, either temporary or
permanent, having a roof supported by columns, or walls,
and intended for shelter or enclosure of persons,
animals, chattels, or property of any kind. The term
"building" shall specifically include a dwelling as
defined and included within the application of M.C.L.A.
125.538 et seq., as amended.
(b) 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:
(1) A door, aisle, passageway, stairway or other means
of exit does not conform to the Fire Code.
(2) 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 chapter
or the Building Code for a new building or structure,
purpose or location.
(3) A part of the building or structure is likely to
fall, become detached or dislodged, or collapse and
injure persons or damage property.
(4) 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 winds than is required in the case of
new construction by the Building Code.
(5) The building or structure, 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 any 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.
(6) The building, structure, or a part of the building
or structure, is manifestly unsafe for the purpose for
which it is used.
(7) 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.
(8) 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.
(9) A building or structure is vacant, dilapidated and
open at the door or window, leaving the interior of the
building exposed to the elements or accessible to the
entrance by trespassers.
(10) 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 M.C.L.A. 339.2501 to 339.2515. For purposes
of this division, "building or structure" includes, but
is not limited to, a commercial building or structure.
This division 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 the Building Official that the building or
structure will remain unoccupied for a period of 180
consecutive days. The notice shall be given to the
Building Official 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 chapter or
the Building Code.
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 the Building Official 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 division shall
notify the Building Official not more than 30 days after
the dwelling no longer qualifies for this exception. As
used in this division "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.
(c) Structure. Anything constructed or erected and
designed for a permanent location on the ground.
(Ord. 2000 117. Passed 11 13 00.)
1478.03 PROHIBITION.
It is unlawful for any owner, agent, or lessee thereof
to keep or maintain any dwelling, building, or structure
or part thereof which is a dangerous building as defined
in this chapter.
(Ord. 2000 117. Passed 11 13 00.)
1478.04 NOTICE OF DANGEROUS CONDITIONS.
Notwithstanding any other provision of this chapter, if
a building or structure is found to be a dangerous
building, the Building Official shall issue a notice
that the building or structure is a dangerous building.
(a) Show Cause Hearing. 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) Party Notice Directed To. 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.
(c) Serving of Notice. The notice shall be in writing
and shall be served on the owner or party in interest at
least ten days before the date of the hearing in the
notice, as follows:
(1) Personally. Upon the person to whom the notice is
directed personally.
(2) By mail. In lieu of personal service, the notice may
be served by certified mail, return receipt requested,
addressed to the owner or party in interest at the
address shown on the tax records.
(3) Posting on building or structure. If 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.
(d) Additional Distribution.
(1) Hearing Officer. The Building Official shall file a
copy of the notice that the building or structure is a
dangerous building with the hearing officer.
(2) County Register of Deeds. In addition to the notice
provided for herein, the Building Official may file a
notice with the Register of Deeds for the County of
Oakland, State of Michigan, to advise of the proceedings
pursuant to this chapter.
(Ord. 2000 117. Passed 11 13 00.)
1478.05 HEARING BEFORE OFFICER.
(a) Hearing Officer. A hearing officer shall be
appointed by the Village President to serve at the
Village President's 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
Village shall not be appointed as hearing officer.
(b) Testimony. At the hearing prescribed in Section
1478.04, the hearing officer shall take testimony of the
Building Official, the owner of the property and any
interested party.
(c) Determination. 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.
(d) Compliance Deadline. 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 as
defined under Section 1478.02(b)(10), 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.
(e) Noncompliance With Order. If the owner, agent or
lessee fails to appear or neglects or refuses to comply
with the order issued under division (d), above, the
hearing officer shall file a report of the findings and
a copy of the order with the Village Council 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
in the manner prescribed in Section 1478.04(c).
(Ord. 2000 117. Passed 11 13 00.)
1478.06 VILLAGE COUNCIL REVIEW.
(a) Notice of Review Hearing. The Village Council shall
fix a date not less than 30 days after the hearing
prescribed in Section 1478.04 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 Section 1478.04(c) of the time and place
of the hearing.
(b) Show Cause Hearing. At the hearing, the owner, agent
or lessee shall be given the opportunity to show cause
why the order should not be enforced.
(c) Final Determination. The Village Council shall
either approve, disapprove or modify the order.
(d) Enforcement. If the Village Council approves or
modifies the order, the Village Council 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 section. In the case of an order
of demolition, if the Village Council 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.
(Ord. 2000 117. Passed 11 13 00.)
1478.07 JUDICIAL REVIEW.
An owner aggrieved by any final decision or order of the
Village Council under Section 1478.06(c) 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.
(Ord. 2000 117. Passed 11 13 00.)
1478.08 COLLECTION OF COMPLIANCE COSTS.
(a) Compliance Cost. The cost of the demolition, of
making the building safe, or of maintaining the exterior
of the building or structure, or grounds adjoining the
building or structure incurred by the Village to bring
the property into conformance with this chapter,
together with the Village's administrative costs and
expenses incurred in connection with the enforcement of
this chapter, shall be reimbursed to the Village by the
owner or party in interest in whose name the property
appears.
(b) Owner Notified. The owner or party in interest in
whose name the property appears upon the last local tax
assessment records shall be notified by the Village of
the amount of the cost of the demolition, of making the
building safe, or of maintaining the exterior of the
building or structure or grounds adjoining the building
or structure, together with the Village's administrative
costs and expenses incurred in connection with the
enforcement of this chapter, by first class mail at the
address shown on the records.
(c) Failure to Pay. If the owner or party in interest
fails to pay the cost within 30 days after mailing by
the Village of the notice of the amount of the cost:
(1) Lien against property. The Village shall have a lien
for the cost incurred by the Village 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. A lien provided
for in this division does not have priority over
previously filed or recorded liens and encumbrances.
(2) Collection with taxes. 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, being M.C.L.A. 211.1 et seq.
(3) Action against owner. In addition to other remedies
under this chapter, the Village may bring an action
against the owner of the building or structure for the
full cost of the demolition, of making the building
safe, or of maintaining the exterior of the building or
structure or grounds adjoining the building or
structure. The Village shall have a lien on the property
for the amount of a judgment obtained pursuant to this
division. The lien provided for in this division 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.
(Ord. 2000 117. Passed 11 13 00.)
1478.09 JUDGMENT; ENFORCEMENT AGAINST ASSETS OF OWNER.
(a) A judgment in an action brought pursuant to Section
1478.08(c)(3) may be enforced against assets of the
owner other than the building or structure.
(b) Judgment Lien. The Village shall have a lien for the
amount of a judgment obtained pursuant to Section
1478.08(c)(3) against the owner's interest in all real
properly located in this state that is owned in whole or
in part by the owner of the building or structure
against whom the judgment is obtained. A lien provided
for in this section does not take effect until notice of
the lien is filed or recorded as provided by law, and
the lien does not have priority over prior filed or
recorded liens and encumbrances.
(Ord. 2000 117. Passed 11 13 00.)
1478.99 NONCOMPLIANCE WITH ORDER, MISDEMEANOR.
A person who fails or refuses to comply with an order
approved or modified by the Village Council under
Section 1478.06(c) within the time prescribed by that
division is guilty of a misdemeanor, punishable by
imprisonment for not more than 120 days, or a fine of
not more than $1,000.00, or both.
(Ord. 2000 117. Passed 11 13 00.)
