(A) Purpose. It is the purpose and intent of the Council of the City of Burton, through the adoption of this ordinance, to establish an abandoned property registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
(B) Definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED BUILDING OR STRUCTURE. A residential, commercial or industrial structure that has been vacant for 30 days and meets any of the following criteria:
(a) Provides a location for loitering, vagrancy, unauthorized entry or other criminal activity;
(b) Has 1 or more boarded windows;
(c) Has taxes in arrears for a period of time exceeding 365 days;
(d) Has utilities disconnected or not in use;
(e) Is not maintained in compliance with the International Property Maintenance Code.
ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached gate, fence, wall, or the like.
ACCESSIBLE STRUCTURE. A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
DAYS. Consecutive calendar days.
EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of furnishings and/or personal items consistent with habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority.
OWNER. Any person, firm, corporation, partnership, commercial entity, joint venture, LLC or other legal entity with a legal or equitable ownership interest in the structure. Accordingly, this term shall include both land contract vendors and vendees. This term shall also specifically include a person, firm, corporation, partnership, commercial entity, joint venture, LLC or other legal entity with any mortgagee interest in the property.
PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city, including the buildings or structures located on the property regardless of condition.
SECURING. Such measures as may be directed by the City of Burton Building Department that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair of boarding of door, window and/or other openings.
VACANT. A building/structure that is not legally occupied.
(C) Registration.
(1) If any building or structure is found to be an abandoned structure or shows evidence of vacancy, the city’s Department of Public Works shall mail out notice to all owners of the property as reflected on the assessment and tax records of the city that the property has been deemed abandon. Such notice shall be mailed by both certified mail, return receipt requested, and by regular first class mail.
(2) Owners shall have a period of 10 days from the date of the notice to register the property on the registration form to be provided by the city with the City of Burton Building Department .
(3) An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. Registration fees will not be prorated.
(4) Properties subject to this ordinance shall remain under the annual registration requirement, and security and maintenance standards of this section as long as they are deemed to be an abandoned structure.
(5) Any owner that has registered a property under this ordinance must report any change of information contained in the registration to the City of Burton Building Department within 10 days of any such change. Changes include, but are not limited to, the sale or transfer of properties and any security issues of the boarding of openings.
(D) Maintenance requirements.
(1) Registered properties shall be maintained in compliance with the International Property Maintenance Code and all other applicable city ordinances.
(2) Adherence to this ordinance does not relieve owners of any obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations that may apply to the property.
(E) Security requirements.
(1) Registered properties shall be maintained in a secure manner so as to not be accessible to unauthorized persons.
(2) Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means temporary boarding, with the re-glazing of the window within a reasonable amount of time. If any exterior openings of the building are boarded up it shall be done in a neat workmanlike manner using water resistant plywood or other material approved by the Code Official, sized to fit the opening, securely fastened and painted with a compatible exterior grade paint.
(F) Additional authority.
(1) The city may contract with 1 or more local property management companies to perform regular inspections of all registered properties to verify that the property is secure and that they are being maintained in accordance with subsection (D) above.
(2) The City of Burton Building Department shall have the authority to require any owner of any property affected by this section to implement additional maintenance and/or security measures including but not limited to securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
(3) The Director of the city’s Department of Public Works, or his or her designee, may enter upon any premises which has been deemed abandon to secure the property to preserve the public safety.
(G) A certificate of occupancy shall be required prior to the re-occupancy of any structure or building deemed to be vacant or abandoned.
(H) Fees. All fees applicable to this ordinance shall be established and amended from time to time by resolution of the City Council.
(I) Costs; reimbursement to city; lien for expenses; collection.
(1) All expenses incurred by the city under this ordinance including but not limited to, costs of mailings, costs and charges of any property management company secured to implement this ordinance, costs of securing any property deemed to be abandoned, legal fees and costs of litigation required to enforce the terms of this ordinance shall be reimbursed to the city by persons owning the property affected.
(2) The city shall have a lien for the expenses incurred under this ordinance. With respect to property being currently occupied for single-family or multi-family residential uses, the lien for the expenses shall have priority over all liens and encumbrances filed or recorded after the date of the expenditure. With respect to all other property, the lien for the expenses shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, being Act 206 of the Public Acts of Michigan 1893, as amended.
(J) Violation; penalty. A violation of this ordinance is hereby designated a municipal civil infraction and a fine in an amount not to exceed $500 for residential properties and $1,500 for commercial and industrial properties plus costs shall be paid by any owner who is found responsible for each such violation. Violators will also be subject to sanctions, remedies and procedures as set forth in Act 236 of the Public Acts of 1961, as amended.