(A) The Chief of Police, the Mayor, the Director of Public Works or any of their duly authorized representatives are hereby designated to make complaint against any alleged violator hereunder, and shall have the authority to order the complete abatement of any nuisance within the city as set forth in §§ 95.01 and 95.02 above and the Mayor, upon approval by the City Council, shall be permitted to file injunctive proceedings in the circuit court or to exercise any other available remedies including criminal prosecution to abate a nuisance which he may deem necessary, each and all of said power and remedies being cumulative and not exclusive.
(B) The enforcement of abatement would apply to ordinance defined nuisances as well as all illegal activity including but not limited to dog fighting, chop shops, theft rings and excessive loitering.
(C) Objective overview.
(1) The threshold remedies for nuisance is to issue a warning, then ticket if necessary, but neither have historically resulted in overwhelmingly positive results. The lack of response from owners have left the structures in states that fall within the following blighted guidelines: a condition that impairs, destroys, or deteriorates the property because of its decay, improper storage, or effect on property or quality of life including, but not limited to, such things as litter, refuse, rubbish, garbage, junk, noxious weeds, inoperative vehicles, and waste. The proper storage of materials or equipment incidental to and necessary for the carrying out of any business or occupation lawfully being carried out on the property in question is not the cause of blight or a blighting factor if all applicable city ordinances are satisfied. The piling and storage of firewood in a neat orderly manner for consumption by the property residents is not blight.
(2) This policy allows for three different types of nuisance abatement:
(a) Residential blighted structure nuisance;
(b) Residential and commercial illegal activity related nuisance; and
(c) Residential and commercial excessive loitering nuisance.
(D) Residential blighted structure nuisance. Nuisance enforcement for residential structures not involved in illegal-activity would occur as follows:
(1) The property which may be occupied or unoccupied falls within the current focus area of nuisance abatement that is determined by the Mayor, Director of Public Service and Chief of Police or any of their duly authorized representatives;
(2) Property owner and all interested parties found via title search will be notified via personal service;
(a) If personal service is unsuccessful after three attempts, there will be an attempt to contact the owner(s) via certified mail with return receipt requested;
(b) If personal service is unsuccessful, owner(s) have an additional five days after certified mail is sent to make contact via phone or email to the city at the contact information provided on their notice; and
(c) Owner(s) will also receive notice via United States Postal Service First Class Mail;
(3) Property will be postered with notice of blight violation in a conspicuous place at the time of initial notice attempt;
(4) If at the expiration of the time limit in said notice, the owner(s) has not complied with the requirement thereof or entered into a compliance program with the city, the city may advance to file a nuisance lawsuit in Wayne County Circuit Court to seize the property;
(5) If no answer is filed to the complaint within the time prescribed by the Michigan Court Rules, then the city will file an entry of default and a motion for entry of default judgment;
(a) The owner(s) may at any time between notification and default judgment contact the city to enter into a compliance plan;
(6) Default judgment will result in either:
(a) The city being granted the right to demolish any structures on the real property and to file a lien against the property to recover the costs of the litigation, demolition and any other reasonable costs and fees; or
(b) The city being awarded ownership of the property. Upon receiving title to the property, and depending on the physical state of the property, the city may choose to rehabilitate the property for owner-occupancy or place the property on the city's demolition list.
(‘68 Code, § 4-503) (Ord. 187, passed 4-19-62; Am. Ord. 682, passed 10-16-89; Am. Ord. 857, passed 4-17-17; Am. Ord. 875, passed 4-18-19)