(A) At a hearing prescribed by § 150.12, the hearing officer shall take testimony of the City Manager, Building Inspector, or other city employee authorized by the City Manager, the owner of the property, and any interested party. Not more than 5 days after completion of the hearing, the hearing officer shall render a decision, either closing the proceedings or ordering the building or structure demolished, otherwise made safe or properly maintained.
(B) If the hearing officer determines that the building or structure should be demolished, otherwise made safe or properly maintained, the hearing officer shall enter an order that specifies what action the owner, agent or lessee shall take and sets a date by which the owner, agent or lessee shall comply with the order. If the building is a dangerous building under § 150.10, 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, the maintenance of lawns, trees and shrubs.
(C) If the owner, agent or lessee fails to appear, or neglects or refuses to comply with the order issued under division (B), the hearing officer shall file a report of the findings and a copy of the order with the City Council, not more than 5 days after the date for compliance set in the order, and request that necessary action be taken to enforce the order. If the City Council has established a Board of Appeals under § 150.16, the hearing officer shall file the report of the findings and a copy of the order with the Board of Appeals, and request that necessary action be taken to enforce the order. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in § 150.12.
(D) The City Council or the Board of Appeals shall set a date not less than 30 days after the hearing prescribed in § 150.12 for a hearing on the findings and order of the hearing officer. The City Council or the Board of Appeals shall give notice to the owner, agent or lessee of the time and place of the hearing in the manner prescribed in § 150.12. At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced. The City Council or the Board of Appeals shall either approve, disapprove or modify the order. If the City Council or the Board of Appeals approves or modifies the order, the City Council shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this division. For an order of demolition, if the City Council or the Board of Appeals determines that the building or structure has been substantially destroyed by fire, wind, flood, deterioration, neglect, abandonment, vandalism or other cause, and the cost of repair of the building or structure will be greater than the state-equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this division. If the estimated cost of repair exceeds the state-equalized value of the building or structure to be repaired, a rebuttable presumption that the building or structure requires immediate demolition exists.
(E) 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 subchapter. 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 subchapter shall be reimbursed to the city by the owner or party in interest in whose name the property appears.
(F) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the City 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 City Assessor of the notice of the amount of the cost, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this subchapter, 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, M.C.L.A. §§ 211.1 to 211.157.
(G) In addition to other remedies under this subchapter, the city 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 previously filed or recorded liens and encumbrances.
(Ord. 2021-308, passed 11-17-21)