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The Village Council shall fix a date not less than 30 days after the hearing prescribed in § 150.24(C) of this subchapter 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 in § 150.23(D) of this subchapter 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 Village Council shall either approve, disapprove or modify the order. If the Village Council approves or modifies the order, the Village Council 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 section. In the case of an order of demolition, if the Village Council 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 section.
(Ord. 123, passed 5-14-1997) Penalty, see § 150.99
(A) Implementation of order by village. In the event of the failure or refusal of the owner or party in interest to comply with the decision of the Village Council, it may, in its discretion, contract for the demolition, making safe or maintaining the exterior of the building or structure or grounds adjoining the building or structure.
(B) Reimbursement of costs. The costs of the demolition, of making the building safe or of maintaining the exterior of the building or structure or grounds adjoining the building or structure, incurred by the village to bring the property into conformance with this subchapter shall be reimbursed to the village by the owner or party in interest in whose name the property appears.
(C) Notice of costs. The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the Village Assessor of the amount of the costs of the 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 village records.
(D) Lien for unpaid costs. If the owner or party in interest fails to pay the costs within 30 days after mailing by the Village Assessor of the notice of the amount of the cost, in the case of a single-family dwelling or a two-family dwelling, the village shall have a lien for the costs incurred by the village to bring the property into conformance with this subchapter. 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 (D) does not have priority over previously filed or recorded liens and encumbrances. The lien for the costs 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 et seq., as amended.
(E) Court judgment for unpaid costs. In addition to other remedies under this subchapter, the village may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. In the case of a single-family dwelling or a two-family dwelling, the village shall have a lien on the property for the amount of a judgment obtained pursuant to this division (E). The lien provided for in this division (E) shall not take effect until notice of the lien is filed and recorded as provided for by law. The lien does not have priority over prior filed or recorded liens and encumbrances.
(F) Enforcement of judgment. A judgment in an action brought pursuant to division (E) above may be enforced against assets of the owner other than the building or structure.
(G) Lien for judgment amount. In the case of a single-family dwelling or a two-family dwelling, the village shall have a lien for the amount of a judgment obtained pursuant to division (E) above against the owner’s interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against which the judgment is obtained. A lien provided for in this division (G) does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances.
(Ord. 123, passed 5-14-1997) Penalty, see § 150.99
An owner aggrieved by any final decision or order of the Village Council under § 150.25 of this subchapter, may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 21 days from the date of the decision.
(Ord. 123, passed 5-14-1997)
OTHER USES OF LOTS
(A) The division of a lot, out lot or parcel of land in a recorded plat is prohibited, unless approved following application to the Building Inspector or some other village officer that may be designated to receive such applications from time to time by the Village Council. The application shall state the reason for the proposed division. No lot, out lot or parcel of land in a recorded plat shall be divided into more than four parts and the resulting lots shall not be less in area than permitted by any Village zoning ordinance, building ordinance, or Public Act 288 of 1967, M.C.L.A. § 560.186 as amended, being the Subdivision Control Act of 1967, whichever is the more restrictive. No building permit shall be issued, or any building construction commenced, unless the division has been approved by the Building Inspector or other designated village officer.
(B) The division of a lot, out lot or parcel of land in a recorded plat resulting in a smaller area than prescribed herein may be permitted after prior approval of the Building Inspector or other designated village officer, for the purposes of adding to existing building site or sites, or for any other use that does not or is not likely to contravene any existing zoning ordinances, building ordinance or state statutes and does not and would not result in crowding, congestion or contribute unduly to problems of public health, sanitation and general welfare. Any person whose application for the division of any lot in a recorded plat is denied, shall have the right to appeal to the Village Council or to any court of competent jurisdiction.
(C) The application for the division of any lot, out lot or parcel of land in a recorded plat shall be in affidavit form and shall contain a drawing showing the dimensions and the description of:
(1) The entire lot in question; and
(2) Each lot or part of a lot resulting from the proposed division.
(D) The approval by the Building Inspector or other designated village officer of the division of any lot, out lot or parcel of land in any recorded plat shall be contingent on an agreement in writing by the applicant that any sales contract, deed or other documents presented for recording at the office of the County Register of Deeds, shall be accompanied by a copy of the written approval thereof by the village or its duly authorized representatives.
(Ord. 46, passed 10-2-1969) Penalty, see § 150.99
(A) No person or persons, firm, corporation or partnership or combination of same, shall operate, maintain or permit to be operated or maintained on their land or on land under their control, any trailer camp within the corporate limits of the village.
(B) For the purposes of this section a TRAILER CAMP is hereby defined to be a group of two or more automobile trailers located within 100 feet of each other.
(Ord. 10, passed 4-3-1947) Penalty, see § 150.99
(A) Any person violating any provision of this chapter, for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
(B) (1) Any person indicated in divisions (B)(1)(a) or (B)(1)(b) below is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction:
(a) Pursuant to the provisions of the State Construction Code, in accordance with Public Act 230 of 1972, § 23(3), being M.C.L.A. § 125.1523(3), a violation by any person of §§ 23(1) or 23(2) of said Act; and
(2) Repeat offenses shall be subject to an increased civil fine as follows:
(a) The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions; and
(b) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500 plus costs and other sanctions.
(3) A REPEAT OFFENSE means a second (or any subsequent) violation of the sections indicated in divisions (B)(1)(a) or (B)(1)(b) above:
(a) Committed by a person within any six-month period; and
(b) For which the person admits responsibility or is determined to be responsible.
(4) Each day on which any violation of the sections referred to in divisions (B)(1)(a) or (B)(1)(b) above continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(5) In addition, the village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with § 150.01.
(Ord. 10, passed 4-3-1947; Ord. 119, passed 4-12-1995; Ord. 123, passed 5-14-1997; Ord. 193, passed 6-8-2011)