The Zoning Administrator/Building Official shall undertake the following actions with respect to complaints about physical changes made to properties within the township made by a person other than the owner.
(A) Observe the property in question;
(B) Determine whether the complaining party knows when the physical changes were made;
(C) Determine whether the complaining party has photographs or other documentary evidence as to the property prior to and after the alleged physical change;
(D) Research in the files of the Zoning and Building code office for permits;
(E) If the complaint respects an entirely new building or an addition to a building, notify the township’s Assessing Officer of the change so as to permit him or her to determine whether to adjust the assessment of the property; and
(F) Undertake an evaluation with the Township Attorney as he or she may deem necessary as to whether the complaint can be established in Cass County District Court by a preponderance of the evidence with the following considerations:
(1) Whether there is photographic and/or documentary evidence;
(2) Whether the lack of documentary evidence can establish a violation (as in the case of no permit);
(3) If it appears that the physical change occurred more than 18 months prior to the complaint, and there has been no intervening complaint, the case is likely to be dismissed for “laches”;
(4) Whether testimony as to the type and time of construction is available;
(5) If the Zoning Administrator/Building Official did not personally observe the construction, the Zoning Administrator is required by Michigan statute to request permission of the Township Attorney to issue a citation;
(6) The Zoning Administrator and Township Attorney may consult in terms of whether a Municipal Civil Infraction Violations Bureau or a court citation should be issued; and
(7) The potential for obtaining a court order establishing that the zoning violation is a nuisance per se, subject to abatement.
(G) If the complaining party requests a determination as to disposition of the complaint, the Zoning Administrator may provide such information so long as it is a public record and is not covered by the attorney-client privilege.
(Res. 19-06, passed 3-13-2019)