(A) At a hearing prescribed in this chapter, the hearing officer shall take testimony of the Building Inspector, the owner of the property, and any interested parties. Not more than 5 days after completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe, or properly maintained.
(B) If the hearing officer determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the hearing officer shall so order, fixing a time in the order for the owner, agent, or lessee to comply with the order. If the building is a dangerous building under § 152.01, the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building including, but not limited to, the maintenance of lawns, trees, and shrubs. Should the decision be made to rehabilitate or remove the structure(s) the owner will be required to:
(1) Present proof of ownership;
(2) Post a performance bond.
(a) The bond shall be with a reputable insurance or guarantee company.
(b) The amount of the bond shall be established by the Township Board at the hearing required in division (D) and as may be recommended by the Chief Building Official.
(3) Obtain all necessary permits and inspections and comply with all applicable codes and ordinances.
(4) Rehabilitation or removal of the structure(s) shall be completed in not more than 180 days.
(C) If the owner, agent, or lessee fails to appear or neglects or refuses to comply with the order issued under division (B) above, the hearing officer shall file a report of the findings and a copy of the order with the Township Board not more than 5 days after noncompliance by the owner and request that necessary action be taken to enforce the order. A copy of the findings and order of the hearing officer shall be served on the owner, agent, or lessee.
(D) The Township Board shall fix a date not less than 30 days after the hearing prescribed above for a hearing on the findings and order of the hearing officer and shall give notice to the owner, agent, or lessee in the manner prescribed above 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 order should not be enforced. The Township Board of the township shall either approve, disapprove, or modify the order. If the Township Board approves or modifies the order, the legislative body shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent, or lessee shall comply with the order within 60 days after the date of the hearing under this division (D). In the case of an order of demolition, if the Township Board determines that the building or structure has been substantially destroyed by fire, wind, flood, or other natural disaster, and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent, or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this division (D).
(E) The cost of the demolition, of making the structure safe, or of maintaining the exterior of the building or structure, or grounds adjoining the building or structure incurred by the township to bring the property into conformance with this chapter shall be reimbursed to the township by the owner or party in interest in whose name the property appears.
(F) The owner or party in interest in whose name the property appears upon the last tax assessment records shall be notified by the assessor of the amount of the cost of demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure by first-class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing by the assessor of the notice of the amount of the cost, the township shall have a lien for the cost incurred by the township to bring the property into conformance with this chapter. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this division (F) does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, Public Act 206 of 1893, being M.C.L.A. §§ 211.1 - 211.157.
(G) In addition to other remedies under this chapter, the township may bring an action against the owner of the building or structure for the full costs of demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. The township shall have a lien on the property for the amount of a judgment obtained pursuant to this division (G). The lien provided for in this division (G) shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over prior filed or recorded liens and encumbrances.
(Ord. 115.01, passed 6-22-1993; Am. Ord. 115.03, passed 5-9-2017)