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Unsafe Structures Ordinance

Ordinance No. 02-16-93: Abandoned and Dangerous Building Ordinance

An ordinance enacted pursuant to the authority of Act 144 of the Public Acts of 1992 to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety and improvement of dwellings; to defined the classes of dwellings affected by the act, to establish administrative requirements; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act.

The Township of Genoa, County of Livingston, State of Michigan, ordains:

Section 1.0: Title

This ordinance shall be known and cited at the Genoa Township Abandoned and Dangerous Building Ordinance, and it shall be sufficient to any action for enforcement of the provisions hereof to define the same by such title and reference to the number hereof.

Section 2.0: Dangerous Building and Causes Thereof

"Dangerous building" means 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 building code adopted by Livingston County.
  • b. A portion of the building of 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 act or a building code adopted by Livingston County 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 wall 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 ordinance or a building code adopted by Livingston County.
  • 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, 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.

Section 3.0: Notice

  1. Notwithstanding and other provision of this ordinance, if a building or structure is found to be a dangerous building, the Township shall issue a notice that the building or structure is a dangerous building.
  2. The notice shall be served on the owner, agent, or lessee that is registered with the Township. If any owner, agent, or lessee is not registered, 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.
  3. 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.
  4. 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 Township shall file a copy of the notice that the building or structure is a dangerous building with the hearing officer.
  5. 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.

Section 4.0: Hearing

  1. At a hearing prescribed by section 3.0, the hearing officer shall take testimony of the Township, the owner of the property, and any interested party. Not more than 5 days after the completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, other wise made safe, or properly maintained.
  2. 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 section 2.0, 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.
  3. If the owner, agent, or lessee fails to appear or neglects or refuses to comply with the order issued under subsection (2) the hearing officer shall file a report of the findings and a copy of the order with the legislative body of the Township not more than 5 days after noncompliance by the owner and request that necessary action be taken to enforce the order. If the legislative body of the Township has established a board of appeals, the hearing officer shall file the report of the findings and a copy of the order with the board of appeals 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 3.0.
  4. The board of appeals of the Township shall fix a date not less than 30 days after the hearing prescribed in section 3.0 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 3.0 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 legislative body or 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 of the Township 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.
  5. 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 Township to bring the property into conformance with this act shall be reimbursed to the Township by the owner or party in interest in whose name the property appears.
  6. 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 the 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 of 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 under this ordinance. 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 sections 211.1 to 211.157 of the Michigan Compiled Laws.
  7. In addition to other remedies under this ordinance, the Township 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. A 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.

Section 5.0: Penalties for Violations

A person who fails or refuses to comply with an order approved or modified by the board of appeals under section 4.0 within the time prescribed by that section 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.

Section 6.0: Board of Appeals

  1. The legislative body of the Township may establish a board of appeals to hear all of the cases and carry out all of the duties of the legislative body described in section 4.0 (3) and (4).
  2. The board of appeals shall be appointed by the legislative body of the Township and shall consist of the following members:
    • a. A building contractor.
    • b. A registered architect or engineer
    • c. Two members of the general public
    • d. 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 sections 338.2301 to 338.2313 of the Michigan Compiled Laws. The individual may be an employee of the Township.
  3. Board of appeals members shall be appointed for 3 years, except that of the members first appointed, 2 members shall serve for 1 year, 2 members shall serve for 2 years, and 1 member shall serve for 3 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.
  4. The board of appeals annually shall elect a chairperson, vice-chairperson, and other officers that the board considers necessary.
  5. 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.
  6. The legislative body of the Township 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 legislative body of the Township.
  7. 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 sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
  8. A writing prepared, owned, used, in 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, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

Section 7.0: Owner Aggrieved

An owner aggrieved by any final decision or order of the legislative body or the board of appeals under section 4.0 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.

Certification

I hereby certify that the foregoing Ordinance number __________ was adopted by the Genoa Township Board at a regular meeting held on __________, 1993 and a copy of the Ordinance was published in the Brighton Argus and the Livingston County Press on __________, 1993.

Dated: __________, 1993
____________________
Paulette A. Skolarus
Genoa Township Clerk