§ 152.18 TAMPERING WITH CONDEMNATION NOTICE PROHIBITED.

   Anyone removing or destroying a placard or placards placed on a building or structure by the Building Inspector in accordance with this subchapter shall be deemed in violation of this section and subject to the punishments hereinafter provided.

(Ord. 10, passed 5-23-1979)  Penalty, see § 152.99

§ 152.19 DEMOLITION OR REMOVAL OF UNSAFE BUILDINGS.

   In the event of the failure of an owner or occupant to remove and demolish a building or structure condemned under the provisions of this subchapter, the Township Board may direct said removal and demolition be done by the township and if expense be incurred in causing the same to be done, such expense incurred by the township may be charged against the property taxes of the owner and/or occupant, or alternatively may be the subject of a civil action by the township against the owner and/or occupant of the premises to recover public funds expended for the removal and demolition of condemned buildings or structures.

(Ord. 10, passed 5-23-1979)

CODE ENFORCEMENT

§ 152.30 TITLE.

   This subchapter shall be known as the Permit Enforcement Subchapter of the township.

(Ord. 01-02, passed 6-13-2001)

§ 152.31 PURPOSE.

   The purpose of this subchapter is to assure that appropriate permits are secured prior to construction activity and to assure that work performed meets the requirements of each applicable code.

(Ord. 01-02, passed 6-13-2001)

§ 152.32 CODES.

   All permits issued by the Township Building Inspector will be subject to the provisions of the following codes:

   (A)   Current Michigan Building Code and the current International Property Maintenance Code (Incorporating the current edition of the International Building Code);

   (B)   Michigan Mechanical Code (Incorporating the 2000 edition of the International Mechanical Code); and

   (C)   Michigan Plumbing Code (Incorporating the 2000 edition of the International Plumbing Code)

(Ord. 01-02, passed 6-13-2001)

§ 152.33 APPLICATION.

   The three codes listed in § 152.32 apply to all land use and setbacks covered by Chapter 155 and all of its amendments.

(Ord. 01-02, passed 6-13-2001)

§ 152.34 ADMINISTRATION AND ENFORCEMENT.

   (A)   The Code Official shall be the enforcement officer of all provisions of this subchapter.

   (B)   Said enforcement officer shall have the authority to make inspections or investigations under this subchapter as provided in each of the applicable codes.

   (C)   Said enforcement officer is empowered to file complaints and prosecute violators of provisions of this subchapter.

(Ord. 01-02, passed 6-13-2001)

§ 152.35 ELECTRICAL INSPECTION CODE.

   Pursuant to PA 230 of 1972, as amended, Silver Creek Township is the administering and enforcing agency of the State Construction Code, including the current state-designated electrical code as promulgated from time to time by the State Construction Codes Bureau.

(Ord. 0901, passed 1-14-2009; Ord. 021-06, passed 10-13-2021)  Penalty, see § 152.99

§ 152.36 PROPERTY CODE.

   The Township Board adopts the 2012 International Property Maintenance Code, as amended by Res. 13-01.

(Res. 13-01, passed 1-9-2013)

§ 152.37 STATE CONSTRUCTION CODE; FLOODPLAIN MANAGEMENT.

   (A)   Agency designated. Pursuant to the provisions of the Michigan Construction Code, in accordance with § 8b(6) of Public Act 230 of 1972, being M.C.L.A. § 125.1508b(6), as amended, the Township Building Official is hereby designated as the enforcing agency to discharge the responsibility of the township under Public Act 230 of 1972, as amended, being M.C.L.A. §§ 125.1501 through 125.1531. The township assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this subchapter.

   (B)   Code appendix enforced. Pursuant to the provisions of the Michigan Construction Code, in accordance with § 8b(6) of Public Act 230 of 1972, being M.C.L.A. § 125.1508b(6), as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the township.

   (C)   Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), entitled Cass County, Michigan - all jurisdictions, and dated Sept. 5, 2007; and the Flood Insurance Rate Map No. 26027C, panel numbers of 0005C-0010C-0015C-0020C-0040C-0105C-0110C-0130C and dated Sept. 5, 2007, are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of § 1612.3 of the Michigan Building Code, and to provide the contend of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code.

(Ord. 07-03, passed 8-8-2007)

§ 152.99 PENALTY.

   (A)   (1)   Any person, company, or corporation found to be in violation of §§ 152.01 through 152.19 shall be punished upon conviction by a fine not to exceed $100, by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment at the discretion of the court.

      (2)   Notwithstanding the provisions of §§ 152.01 through 152.19, the Township Supervisor and/or Building Inspector are empowered to commence civil actions in courts of competent jurisdiction to secure the enforcement of this chapter.

   (B)   (1)   Any person failing to respond to a direct request to secure a permit or to comply with the requirements of the “Codes” noted in § 152.32 will be found guilty of violating the provisions of §§ 152.30 through 152.34, and shall be deemed guilty of a misdemeanor and shall be subject to a fine of not to exceed $100 or confinement in jail for a period of not to exceed 90 days, or the imposition of both fine and commitment within the discretion of the court. Each day that a violation of § 152.32 is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section, provided no person shall be imprisoned for a single but continuing violation of §§ 152.30 through 152.34 in excess of 90 days. The provisions of the §§ 152.30 through 152.34 may also be enforced by suit for an injunction, damage, or other appropriate legal action without exclusion of other remedies.

      (2)   All expenses incurred by the township caused by enforcement of §§ 152.30 through 152.34 may be charged against the real and/or personal property as are real and/or personal property taxes and a lien shall operate in a manner identical to the lien imposed for failure to pay real and/or personal property taxes. A civil action by the township against the owner and/or occupant of the premises to recover public funds expended for the removal or abatement of such violation may also be commenced.

   (C)   Any person who shall violate any provision of the code or standard hereby adopted in § 152.35 or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction within the time fixed herein shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $100 or by imprisonment for not more than 30 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penally shall not be held to prevent the enforced removal of prohibited conditions. Each day that prohibited conditions are maintained shall constitute a separate offense.

(Ord. 10, passed 5-23-1979; Ord. 01-02, passed 6-13-2001; Ord. 0901, passed 1-14-2009)