Section
151.01 Definitions
151.02 Maintenance prohibited
151.03 Notice to owners
151.04 Appointment of Hearing Officer
151.05 Hearing
151.06 Action by Village Council
151.07 Appeal from decision or order of Village Council
151.08 Placarding and vacating; abatement of rent
151.09 Demolition or repair by village
151.10 Fees for actions
151.11 Boarding up of buildings on notice by Building Official
151.12 Demolition or correction without prior notice or hearing
151.13 Effective date
For the purposes of this chapter, words and terms used herein shall have the meanings ascribed to them in this section, unless indicated to the contrary.
DANGEROUS BUILDING.
(1) As used in this chapter, the term shall mean any building or dwelling, dwelling unit or structure which:
(a) Is a “dangerous building”, as described and defined in § 139 of the Housing Law, being Public Act 167 of 1917, as amended; M.C.L.A. § 125.539);
(b) Because of damage by fire or wind or because of its dilapidated condition, is dangerous to the life, safety or general health and welfare of the occupants or the people of the village;
(c) Has light, air or sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein;
(d) Has inadequate means of egress;
(e) Has parts thereof which are so attached that they may fall and injure persons or damage property;
(f) Is vacant and open, at door or window, leaving the interior exposed to the elements or accessible to entrance by trespassers or animals, or open to casual entry;
(g) Has been damaged or vandalized or has deteriorated to such an extent as to be unfit or unsuitable for occupancy and which has not been made habitable or safe, to the standards of this chapter and other ordinances of the village, within 30 days after notice is given by the Building Official to the last known owner or person having the right to possession thereof;
(h) Is hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment;
(i) Is in such a condition as to constitute a nuisance; or
(j) Is boarded up for a period of more than six months.
(2) The term shall also include any sign, fence, shed, lean-to, cellar or other structure which has become so rotted, broken, infirm or dilapidated as to be likely to fall over or collapse and injure persons or damage property.
DESIGNATED ENFORCEMENT OFFICIAL. The individual designated by resolution of the Village Council to enforce this chapter.
HEARING OFFICER. As used in this chapter, the term OFFICER or HEARING OFFICER shall mean the Hearing Officer provided for in § 151.04.
OWNER. The owner, occupant, lessee or any other person with an interest of record in a dangerous building or the property on which a dangerous building is located, or any building or property which the village is investigating to determine whether a violation of this chapter exists.
VILLAGE. The Village of Pewamo.
(Ord. 29, passed 5-18-1998)
(A) It shall be unlawful for any owner(s) to keep, own, occupy or maintain any dangerous building within the village.
(B) The village finds that any dangerous building located within the village constitutes a public nuisance; in addition to any other penalty or liability provided for in this chapter, any person who keeps, owns, occupies or maintains a dangerous building shall be liable for maintaining a public nuisance.
(C) The village may enter upon property for the purpose of making surveys, measurements, inspections, examinations, tests, borings, samplings; taking photographs, videotaping; conducting an environmental inspection; or for any other purpose reasonably necessary to carry out the provisions of this chapter. If reasonable efforts to enter have been obstructed or denied, the village may commence a civil action in Circuit Court for an order permitting entry, and restraining or enjoining further obstruction or denial of access. The complaint shall state the facts making the entry necessary, the date or dates on which entry is sought and the duration of the entry. The Court shall permit entry by the village upon such terms as justice and equity require.
(Ord. 29, passed 5-18-1998) Penalty, see § 10.99
(A) When the whole or any part of any building is found to be in a dangerous or unsafe condition (as defined in § 151.01), the Designated Enforcement Official shall issue a notice of the dangerous or unsafe condition. The notice shall be served on the owner(s) by either certified mail or personal service.
(B) Such notice shall be directed to the owner(s), as well as any other party with an interest in the building or the property on which the building is located.
(C) The notice shall identify the condition or conditions for which the building has been found to be dangerous or unsafe, specify that a permit or permits for the performance of work to correct such violations be obtained from the County Building Official and the time within which the violation shall be corrected. If the owner(s) find that the work cannot be completed within the time specified, or for any other reason, the owner(s) may appeal to the Hearing Officer, to show cause why the structure should not be ordered to be demolished or otherwise made safe. If the owner(s) do not complete correction of the violation or complete demolition within the time specified by the notice, then the Designated Enforcement Official shall send the owner(s) a second notice, stating the date on which the owner(s) shall appear before the Hearing Officer to show cause why the structure should not be ordered to be demolished or otherwise made safe. This notice shall be served on the owner(s) in the manner prescribed in division (A) above.
(D) The Designated Enforcement Official shall file a copy of the notice provided for in this section with the Hearing Officer.
(Ord. 29, passed 5-18-1998)
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