Pursuant to the authority granted in Public Act 61 of 1969, being M.C.L.A. §§ 125.538 et seq., as amended, it is unlawful for any owner or agent thereof to keep or maintain any dwelling or part thereof which is a dangerous building as defined in § 154.02
(Ord. 101, passed 4-11-2011) Penalty, see § 152.999
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Any building or structure which has any of the following defects or is in any of the following conditions.
(1) Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the village wherein the property lies, it shall be considered that such dwelling does not meet the requirements of this subchapter.
(2) Whenever any portion has been damaged by fire, wind, flood, or by any other cause in such a manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of any building code of the village wherein the building is located for a new building or similar structure, purpose or location.
(3) Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(4) Whenever any portion has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction by the building code of the village where the building is located.
(5) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
(6) Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used.
(7) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.
(8) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is insanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer or is likely to work injury to the health, safety or general welfare of those living within.
(9) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(Ord. 101, passed 4-11-2011)
(A) Notwithstanding any other provision of this subchapter, when the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the Building Department shall issue a notice of the dangerous and unsafe condition.
(1) Such notice shall be directed to each owner of or party in interest in the building in whose name the property appears on the last local tax assessment records.
(2) The notice shall specify the time and place of a hearing on the condition of the building or structure, at which time and place the person to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.
(B) The Hearing Officer shall be appointed by the Village President to serve at their pleasure. The Livingston County Building Department shall file a copy of the notice of the dangerous and unsafe condition with the Hearing Officer.
(C) All notices provided for in this subchapter shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by certified mail, return receipt requested, addressed to such owner or party in interest at the address shown on the tax records, at least ten days before the date of the hearing described in the notice. If any person to whom a notice is directed is not personally served, in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure.
(Ord. 101, passed 4-11-2011)
(A) The Hearing Officer shall take testimony of the Building Department, the owner of the property and any interested party. The Hearing Officer shall render his or her decision either closing the proceedings or ordering the building to be demolished or otherwise made safe.
(B) If it is determined by the Hearing Officer that the building or structure should be demolished or otherwise made safe, he or she shall so order, fixing a time in the order for the owner, agent or lessee to comply therewith.
(C) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order, the Hearing Officer shall file a report of his or her findings and copy of his or her order with the Village Council and request that the necessary action be taken to demolish or otherwise make safe the building or structure. 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 § 154.03.
(D) The village Council shall fix a date for hearing, reviewing the findings and order of the Hearing Officer and shall give notice to the owner, agent or lessee in the manner prescribed in § 154.03 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 building should not be demolished or otherwise made safe and the Village Council shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.
(E) The cost of the demolition or making the building safe shall be a lien against the real property and shall be reported to the assessing officer of the village who shall assess the cost against the property on which the building or structure is located.
(F) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of cost assessed under this section by first class mail at the address shown on such records. If he or she fails to pay such costs within 30 days after mailing by the assessor of the notice of the amount thereof, the assessor shall add such costs to the next tax roll of the village and such costs shall be collected in the same manner in all respects as provided by law for the collection of taxes by the village.
(Ord. 101, passed 4-11-2011)
An owner aggrieved by any final decision or order of the Village Council under § 154.04 may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of such decision or order.
(Ord. 101, passed 4-11-2011)
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