(A) Notwithstanding any other provision of this act, if a building or structure is found to be a dangerous building, the city shall issue a notice that the building or structure is a dangerous building.
(B) The notice shall be served on the owner, agent, or lessee that is registered with the city under the provisions of this section, as is hereinafter stated. If an owner, agent, or lessee is not registered pursuant to the provisions of this section, 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. Posting of notice upon the structure in conjunction with service upon each owner or party in interest in the building, shall also constitute proper service.
(C) A registry of owners and premises shall be maintained by the city.
(D) 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 ten days before the date of the hearing included in the notice. If the premises are managed or operated by an agent, the agent's name and place of business shall be placed with the name of the owner in the registry.
(E) 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 Construction Board of Appeals, as established pursuant to and in compliance with the State Building Code, MCL 125.1501 et seq., as amended, should not order the building or structure to be demolished, otherwise made safe, or properly maintained.
(F) (1) The Construction Board of Appeals shall be appointed by the City Council and shall serve at its pleasure. The Construction Board of Appeals shall consist of the following members:
(a) Four licensed builders, two of whom may be licensed Maintenance or Alterations Contractors;
(b) Two members of the general public; and
(c) 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 MCL 338.2301 to 338.2313.
(2) Construction Board of Appeals members shall be appointed for three years, except that of the members first appointed, two members shall serve for one year, two members shall serve for two years, and one member shall serve for three 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.
(3) The Construction Board of Appeals annually shall elect a chairperson, vice chairperson, recording secretary and other officers that the Board considers necessary.
(4) A majority of the Construction 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.
(5) The City Council may fix the amount of any per diem compensation provided to the members of the Construction Board of Appeals. Expenses of the Construction Board of Appeals incurred in the performance of official duties may be reimbursed as provided by law for employees of the City of Hamtramck.
(6) A meeting of the Construction Board of Appeals shall be held pursuant to the Open Meetings Act, Act No. 267 of the Public Acts of 1976, being MCL 15.261 to 15.275. 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.
(7) A writing prepared, owned, used, in the possession of, or retained by the Construction 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 MCL 15.231 to 15.246.
(Ord. passed 8-22-2023) Penalty, see § 92.999