(a) The property maintenance duties of a registrant are limited to the following:
(1) Assuring that there are no accessible structures on the premises.
(2) Assuring that there are no conditions upon the property presenting an immediate risk to health and safety of the public. This duty includes removing or abating fire hazards, removing or containing potentially toxic materials and explosives, securing the perimeters of swimming pools, ponds or other bodies of water, maintaining public walkways and thoroughfares free from ice, snow, mud and other debris and tripping hazards, and abating overgrown weeds and trash.
(b) A registrant shall include a statement in the registration form identifying any action taken or planned to be taken to comply with the requirements of subsection (a). From and after registration of the abandoned residential property, or from and after the time that registration is required to be made, and until the abandoned residential property has been sold at a sheriff’s foreclosure sale or has otherwise been legally conveyed to a new owner, the appropriate official may make a finding that the conditions of the residential premises constitute an immediate threat to the health, safety and welfare of the public and, upon such finding, may issue a written order to the registrant to abate the condition. If the registrant, or party with a duty to register, fails to comply with the order of the appropriate official within ten days, the registrant, or party with a duty to register, shall be held liable and punished in the same manner and to the same extent as the owner of the property could be punished.
(c) The minimum requirements of a registrant, or party with a duty to register, for preservation and protection of residential premises, absent a specific order of the appropriate official to abate a condition of the premises, shall be consistent with the rules, regulations and other requirements published by the Federal Housing Administration (FHA) of the United States Department of Housing and Urban Development for the preservation and protection of single-family residential properties secured by FHA loans as those requirements may be amended by FHA mortgagee letters or otherwise, and as applied by the FHA to the State of Michigan including guidelines related to winterization and heating systems. These requirements are incorporated by reference. Under these guidelines, debris removal shall be deemed to include snow and ice removal and the abatement of overgrown weeds and other plant growths. After notice and an opportunity to be heard, the appropriate official may require a registrant, or party with a duty to register, to repay the Department the reasonable costs incurred by the Department related to abatement of conditions that are subject to FHA guidelines identified in this subsection or which are subject to an order under subsection (b) and threaten the health, welfare and safety of the public.
(d) A registrant shall maintain written records, including photographs, of any re-inspection required by § 24-110(b) that identifies any change in condition of the abandoned real property requiring correction and identifying actions taken or planned to assure compliance. Written records of re-inspection shall be made available to the appropriate official or appropriate official’s designee upon request.
(e) A registrant, or registrant’s agent or servicing company, shall provide notice to the appropriate official, in a manner to be prescribed by the appropriate official, within fifteen (15) working days, of any agreement executed by the lawful owner with the party or parties asserting a mortgage lien interest curing or otherwise forgiving default of the mortgage lien, or within 15 days of a sheriff’s sale in foreclosure or other sale or lawful conveyance of the abandoned residential property, and declaring that registrant is no longer responsible for inspection of the registered property or for securing or maintaining the property. Upon receipt of the notice required in this paragraph, the appropriate official shall dissolve the registration.
(Ord. 3756, passed 7-13-2009)