(a) At a hearing prescribed by Section 1426.06, the hearing officer shall take testimony of the City, the owner of the property, and any interested party. Not more than five days after completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, or 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 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 Section 1426.05(j), 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, or party otherwise interested in such building, fails to appear or neglects or refuses to comply with the order issued under subsection (b) hereof, the hearing officer shall file a report of the findings and a copy of the order with the City Council, not more than five days after noncompliance by the owner and request that necessary action to 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, or party otherwise interested in such building, in the manner prescribed in Section 1426.06.
(d) The City Council shall fix a date not less than thirty days after the hearing prescribed in Section 1426.06, a hearing on the findings and order of the hearing officer and shall give notice to the owner, agent, or lessee in the manner prescribed in Section 1426.06 of the time and place of the hearing. At the hearing, the owner, agent, or lessee shall be given the opportunity to show cause why the order should not be enforced. City Council shall either approve, disapprove, or modify the order. If City Council approves or modifies the order, 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 sixty days after the date of the hearing under this subsection. In the case of an order of demolition, City Council determines that the building or structure has been substantially destroyed by fire, wind, flood, or other natural disaster, 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 twenty-one days after the date of the hearing under this subsection.
(e) 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 chapter 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 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 thirty days after mailing by the assessor of the notice of the amount of the costs, the City shall have a lien for the cost incurred by the City, to bring the property into conformance with this chapter. 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 subsection 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, Act No. 206 of the Public Acts of 1893, being Sections 211.1 to 211.157 of the Michigan Compiled Laws.
(g) In addition to other remedies under this chapter, 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 pursuant to this subsection. The lien provided for in this subsection 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.
(Ord. 181. Passed 8-28-01.)