(A) All hearings prescribed by § 92.002 shall comply with the Stille-Derossett-Hale Single State Construction Code Act 230 of 1972, MCL 125.1501 et seq., as amended, and the Construction Board of Appeals shall take testimony of the city, the owner of the property, and any interested party. Upon completion of the hearing, the Construction Board of Appeals shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe, or properly maintained.
(B) (1) If the Construction Board of Appeals determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the Construction Board of Appeals 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 § 92.001, 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, maintenance of lawns, trees, and shrubs.
(2) In the event the Board agrees to an owner's intent to rehabilitate a structure, the owner must secure a base building permit from the Building Department within 90 days of ruling.
(C) The cost of demolition includes, but is not limited to, fees paid to hearing officers, costs of title searches or commitments used to determine the parties in interest, recording fees for notices and liens filed with the county register of deeds, demolition and dumping charges, court reporter attendance fees, and costs of the collection of the charges authorized under this act. 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 city to bring the property into conformance with this act shall be reimbursed to the city, village, or township by the owner or party in interest in whose name the property appears.
(D) 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 in interest fails to pay the cost within 30 days after mailing by the assessor of the notice of the amount of the cost, the city, village, or township shall have a lien for the cost incurred by the city, village, or township to bring the property into conformance with this act. 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 division 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, 1893 PA 206, MCL 211.1 to 211.157.
(E) In addition to other remedies under this section, the City of Hamtramck 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. The city shall have a lien on the property for the amount of a judgment obtained under this division. The lien provided for in this division 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. A performance bond may be required and set by the Board in either case of required demolition or rehabilitation.
(Ord. passed 8-22-2023) Penalty, see § 92.999