(A) If the Code Official determines that there has been a violation of this chapter , or has reasonable grounds to believe that a violation has occurred, he may issue a notice of violation to the owner or other responsible party prior to holding a hearing before the Board of Ordinance Appeals.
(B) Any notice of violation given shall:
(1) Be in writing;
(2) Include a description of the real property sufficient for identification;
(3) Include a statement of the reason or reasons why the notice is being issued;
(4) Include a correction order allowing a reasonable time for the repairs, actions, and/or improvements required to bring the premises into compliance with the City Code;
(5) Include a statement that, if all corrections ordered to be made in the notice have not been completed within the prescribed time period specified in the notice, an administrative hearing will be held before the Board of Ordinance Appeals, for which the owner or responsible party will be assessed a hearing fee;
(6) Include the time, date, and place of the hearing, and a statement that the owner, responsible party, or their representative shall be entitled to be heard with respect to why the ordered corrective repairs, actions, and/or improvements have not been made or should not be required; and
(7) Be delivered personally, or sent by first class mail to the responsible party, which may be based upon the name and address on the records of the city assessing department. If the notice is sent by mail, then a copy of the notice shall also be posted on the property in a conspicuous place.
(8) The Code Official may also cause a sign to be posted within the public right-of-way in front of the subject property, or as near as possible thereto, designating the property as one for which the Board of Ordinance Appeals will be addressing outstanding property maintenance concerns.
(C) Hearing. The Board of Ordinance Appeals shall conduct a hearing on the date fixed in the notice, which hearing may be adjourned from time to time by the Board of Ordinance Appeals as needed to properly complete the hearing.
(D) After the expiration of the time established in the notice for curing of all violations, but before the date fixed in the notice for the hearing, the Code Official shall have the premises reinspected to determine whether the corrections have been completed, and shall report the findings of the inspection to the Board of Ordinance Appeals. In the event that all violations are determined by the Code Official to be corrected, the hearing before the Board of Ordinance Appeals may be canceled by the Code Official.
(E) Opportunity to be heard. The Code Official, property owner, responsible party, any interested party, and/or their representative(s) shall be given an opportunity to be heard at the hearing and to present evidence on the matter before the Board.
(F) Order for corrective repairs after hearing. At the conclusion of the hearing, the Board of Ordinance Appeals shall determine, in its discretion, whether a violation of this Code or of any other provision of the City Code relating to property maintenance exists. If the Board determines that a violation does exist, it shall order specific corrective repairs, actions and/or improvements to be taken by the responsible party (or the City), including, if necessary, in the discretion of the Board, a vacation of occupancy and/or a physical demolition of the structure; provided, however, demolition of the structure shall not be ordered unless a health or safety hazard exists, or unless a condition of disrepair has existed for at least 12 months. The order shall also indicate that the City shall be permitted to initiate the required repairs, actions, and/or improvements. In so doing, the City may utilize the services of a reputable contractor and invoice the property owner for such contractor's services and all applicable administrative fees set by the City Council in the annual appropriations ordinance. Such invoice shall be paid by the property owner within the time period prescribed on its face. The Board shall provide its order, or written notice thereof, to the owner or responsible party, and shall advise such party of the right to appeal the Board's decision to the Macomb County Circuit Court. The Board shall keep official minutes of its meetings, which shall include findings of fact and the terms of the order issued by the Board.
(G) The administrative hearing fee established under the city's appropriation ordinance is intended to recover the city's costs for scheduling and preparing for a hearing before the Board of Ordinance Appeals. The fee shall be paid by the owner or responsible party if all corrections are not completed by the time specified in the notice. The fee shall not be refunded if the hearing before the Board of Ordinance Appeals is canceled under subsection (D) above. Similarly, invoices for the improvements ordered by the Board of Ordinance Appeals are intended to recover the city's costs for implementing the improvements and/or for securing, utilizing, and monitoring a contractor to do so. Any person who fails to pay the fee and/or the invoice shall be subject to the penalties set forth in Chapter 1 of the City Code. The costs incurred by the city for abatement action under this section, including attorney fees, court costs, title searches, administrative fees imposed under the Appropriations Ordinance, and any other costs incurred in connection with the abatement action, shall be paid by the owner within 30 days of the date of a city invoice for such services. The city shall have a lien against the real property to secure payment. If the invoice remains unpaid after 30 days, the amount of the invoice shall be placed upon the tax roll, and shall be subject to the same penalties, interest, and collection procedures that are applicable to delinquent taxes.
(H) After the Board of Ordinance Appeals has ordered that improvements and/or abatement action take place on a subject property, and after the deadline for the property owner to initiate and complete such improvements and/or abatements has expired, the Code Official shall cause such improvements and/or abatement action to be undertaken and completed, utilizing either City personnel, an independent contractor, or both. In such instances, the property owner has already been afforded more due process than would otherwise be afforded by seeking an administrative warrant or other ex parte court order for abatement of the existing conditions. Therefore, a court order and/or administrative warrant is unnecessary. However, in situations where the property owner has expressed hostility toward the City's personnel, or is known to have a weapon or dangerous animal on the premises, or has otherwise locked or barricaded access to the offending property or condition, or in any other situation that causes the City's personnel to have unusual concern, the Code Official or his/her designee may take the additional step of subscribing an affidavit and seeking an appropriate administrative warrant from the 41-A District Court in order to be able to present a court order to the property owner for the entry required to perform the improvements or abatements, and to take such related actions as may be necessary in order to do so.
(Ord. No. 367, § 11, 12-17-02; Ord. No. 396, § 4, 5-6-08)