A declaration of a public nuisance under this chapter by the City Commission shall occur according to the following procedure.
(A) A declaration of a public nuisance can occur only after a formal complaint is filed by the City’s Police Chief and notice is given to the owner of the real property and the owner has had an opportunity to be heard at a public evidentiary hearing before the City Commission.
(B) Notice of the public evidentiary hearing shall be given to the owner by personal service or certified mail to the address indicated by the City Assessor’s records, the Mecosta County Register of
Deeds records, and the City’s Community Development Department records. The notice shall state the nature of the alleged public nuisance, and the time, date and location of the hearing. Certified mail shall be delivered with a return receipt requested. Notice to an owner shall occur at least seven calendar days prior to the date of the hearing. Notice shall be given to any and all persons who have an ownership interest in the real property, including record title owners, mortgage holders, tenants, and trustees, whose ownership interest is reflected in the records described above. Notice shall be posted on the real property at least seven calendar days prior to the date of the hearing.
(C) The City Commission shall act as a municipal administrative agency, functioning in a quasi-judicial capacity as authorized by state law and its Charter, when determining whether or not a public nuisance exists under the standards established in this Chapter. The City Commission shall make this determination based solely on evidence presented at the public evidentiary hearing, of which a record shall be made and kept. In conducting the public evidentiary hearing, the City Commission shall afford an owner and City personnel an opportunity to present evidence and make arguments as to factual and legal issues. Cross- examination of opposing witnesses shall be permitted. An owner may appear in person or be represented by an attorney, but lay representation shall not be permitted. In conducting the public evidentiary hearing, the City Commission can admit and give weight to probative evidence of a nature commonly relied upon by reasonably prudent individuals in the conduct of their affairs. The City Commission shall not be bound by the Michigan Rules of Evidence. Irrelevant, incompetent and unduly repetitious evidence shall be excluded.
(D) The City Commission shall make factual findings at the close of the public evidentiary hearing, determining at a minimum:
(1) The street address and legal description of the property; and
(2) The owner(s) of the real property; and
(3) The number and nature of specified incidents or conditions; and
(4) The time frame in which these occurred or existed; and
(5) The nature of the alleged public nuisance; and
(6) The actions taken by the owner to prevent or abate the specified incidents or conditions.
(E) The declaration of a public nuisance and any order of abatement must be by an affirmative vote of not less than four City Commission members.
(Ord. 483-8-01, passed 8-6-01; Am. Ord. 762-07- 20, passed 7-20-20; Am. Ord. 815-06-24, passed 6-17-24)