For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Any building or structure, residential or otherwise, that has 1 or more of the following defects or is in 1 or more of the following conditions:
(1) A door, aisle, passageway, stairway or other means of exit which does not conform to the approved fire code, and or the approved Michigan Building Code, and or the approved Michigan Residential Building Code in which the building or structure is located.
(2) A portion of the building or structure is damaged by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the damage and does not meet the minimum requirements of the Housing Law of Michigan, Public Act 167 of 1917, as amended, (M.C.L.A. §§ 125.401 et seq.), or the Township's Building Code for a new building or structure, purpose or location.
(3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse, and injure persons or damage property.
(4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by the Housing Law of Michigan, Public Act 167 of 1917, as amended, (M.C.L.A. §§ 125.401 et seq.), or the Township's Building Code.
(5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
(6) The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used.
(7) The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
(8) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or for other reasons, is unsanitary or unfit for human habitation, is in a condition that the Health Officer of the township or county determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling.
(9) A building or structure is vacant, dilapidated and open at a door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(10) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Article 25 of the Occupational Code, Public Act 299 of 1980, (M.C.L.A. §§ 339.2401 to 339.2518), or is not publicly offered for sale by the owner. This division does not apply to either of the following:
(a) A building or structure as to which the owner or agent does both of the following:
1. Notifies the Montrose Township Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to said Police Department by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this chapter and the Housing Law of Michigan, Public Act 167 of 1917, as amended, (M.C.L.A. §§ 125.401 et seq.), or the Township's Building Code.
(b) A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the Montrose Township Police Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this division shall notify said Township Police Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this division, "secondary dwelling" means a dwelling, including, but not limited to, a vacation home, hunting cabin or summer home, that is occupied by the owner or a member of the owner's family during part of year.
ENFORCING AGENCY. The Charter Township of Montrose, through the Township Building Official and/or such other official(s) or agency as may be designated by the Montrose Township Board to enforce this chapter.
TOWNSHIP BUILDING CODE. The building code administered and enforced in the township pursuant to the Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, as amended, (M.C.L.A. §§ 125.1501 et seq.).
(Ord. 19-233, passed 4-16-2019)