Bill Text: MI HB4142 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Property; other; requirements for maintenance of vacant property; enhance. Amends title & secs. 2a, 123, 125, 132, 134, 141 & 141a of 1917 PA 167 (MCL 125.402a et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-02-05 - Printed Bill Filed 02/05/2009 [HB4142 Detail]

Download: Michigan-2009-HB4142-Introduced.html

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HOUSE BILL No. 4142

 

February 4, 2009, Introduced by Rep. Jackson and referred to the Committee on Urban Policy.

 

     A bill to amend 1917 PA 167, entitled

 

"Housing law of Michigan,"

 

by amending the title and sections 2a, 123, 125, 132, 134, 141, and

 

141a (MCL 125.402a, 125.523, 125.525, 125.532, 125.534, 125.541,

 

and 125.541a), the title as amended by 1992 PA 144, section 132 as

 

amended by 2000 PA 479, section 134 as amended by 2003 PA 80,

 

section 141 as amended by 2003 PA 55, and section 141a as added by

 

1992 PA 109.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to promote the health, safety and welfare of the people

 

by regulating the maintenance, alteration, health, safety, and

 

improvement of dwellings; to define the classes of dwellings

 

affected by the act, and to establish administrative requirements;

 

to prescribe procedures for the maintenance, improvement, or

 

demolition of certain commercial buildings; to establish remedies;

 

to provide for enforcement; to provide for certain duties of

 

certain state agencies and authorities; to provide for the

 

demolition of certain dwellings; and to fix penalties for the

 

violation of this act.

 

     Sec. 2a. As used in this act, :

 

     "Enforcing "enforcing agency" means the designated officer or

 

agency charged with responsibility for administration and

 

enforcement of this act. In the case of a dangerous building under

 

section 139(i) or (j) that is located in an urban core city, the

 

enforcing agency includes the state housing development authority.

 

     Sec. 123. The governing body of a municipality to which this

 

act by its terms applies, or the governing body of a municipality

 

which adopts the provisions of this act by reference, shall

 

designate a local officer or agency which shall administer the

 

provisions of the act, and if no such officer or agency is

 

designated then the local governing body shall be responsible for

 

administration of the act. Municipalities may provide, by

 

agreement, for the joint administration and enforcement of this act

 

where such joint enforcement is practicable. In the case of a

 

dangerous building under section 139(i) or (j) that is located in

 

an urban core city, the designated officer or agency charged with

 

responsibility for administration and enforcement of this act

 

includes the state housing development authority.

 

     Sec. 125. (1) A registry of owners and premises shall be

 

maintained by the enforcing agency.

 

     (2) The owners of a multiple dwelling or rooming house

 

containing units which will be offered to let, or to hire, for more

 

than 6 months of a calendar year, shall register their names and

 

places of residence or usual places of business and the location of

 

the premises regulated by this act with the enforcing agency. The

 

owners shall register within 60 days following the day on which any

 

part of the premises is offered for occupancy. Owners of multiple

 

dwellings or rooming houses containing units which are occupied or

 

offered for occupancy at the time this act becomes effective shall

 

register within 90 days after the effective date of this article.

 

     (3) If the premises are managed or operated by an agent, the

 

agent's name and place of business shall be placed with the name of

 

the owner in the registry.

 

     (4) If the premises are located in an urban core city, the

 

state housing development authority shall maintain a separate

 

registry for abandoned and vacant premises. Beginning on the

 

effective date of the amendatory act that added this subsection,

 

the owner of a premises that has remained vacant for longer than 30

 

days shall register the property as a vacant building with the

 

state housing development authority on a form provided by the state

 

housing development authority. The owner shall pay the state

 

housing development authority a vacant housing registry fee of

 

$100.00 for each building registered. Failure to register shall

 

mean that the property owner is responsible for a state civil

 

infraction and a $1,000.00 fine.

 

     Sec. 132. (1) If, upon inspection, the premises or any part of

 

the premises are found to be in violation of any provision of this

 

act, the enforcing agency shall record the violation in the

 

registry of owners and premises.

 

     (2) The owner, and, in the enforcing agency's discretion, the

 

occupant, shall be notified in writing of the violation. The notice

 

shall state the date of the inspection, the name of the inspector,

 

the nature of the violation, and the time within which the

 

correction shall be completed.

 

     (3) If an inspector determines that a violation constitutes a

 

hazard to the occupant's health or safety, under circumstances

 

where the premises cannot be vacated, the enforcing agency shall

 

order the violation corrected within the shortest reasonable time.

 

The owner shall notify the enforcing agency of having begun

 

compliance within 3 days. All other violations shall be corrected

 

within a reasonable time.

 

     (4) The enforcing agency shall reinspect after a reasonable

 

time to ascertain whether the violation has been corrected.

 

     (5) If an inspector determines that a violation constitutes a

 

hazard to the health or safety of the occupants, the enforcing

 

agency shall notify the family independence agency within 48 hours.

 

The notice shall state the date of the inspection, the name of the

 

inspector, the nature of the violation, and the time within which

 

the correction shall be completed. The family independence agency

 

shall check the address of the premises against the list of rent-

 

vendored family independence program recipients.

 

     (6) In urban core cities, the state housing development

 

authority shall establish a statewide toll-free hotline to accept

 

citizen information concerning dangerous buildings that constitute

 

a safety hazard under section 139(i) or (j) to neighborhood

 

residents. If information is received, the state housing

 

development authority shall determine whether the property has been

 

inspected by the enforcing agency under this act and is the subject

 

of proceedings under section 140. If the property has not been

 

inspected or is not the subject of proceedings under section 140,

 

the state housing development authority shall conduct an inspection

 

under this act to determine whether the property is dangerous under

 

section 139(i) or (j). If the authority determines that the

 

property is dangerous under section 139(i) or (j), the authority

 

may present the enforcing agency in the urban core city with the

 

opportunity to proceed to a hearing under section 140. If the

 

enforcing agency in the urban core city does not proceed with the

 

issuance of a notice of violation and a section 140 hearing within

 

30 days after the state housing development authority's inspection,

 

the state housing development authority shall proceed as the

 

enforcing agency under this act, with respect to the property

 

inspected, and shall proceed to a section 140 hearing and shall

 

pursue remedial action from the property owners. If the property

 

owners fail to provide remedial action, the state housing

 

development authority shall secure and remediate the property.

 

     (7) If the state housing development authority requires the

 

owners to perform remedial action or secures and remediates the

 

property, the property shall be secured and remediated in

 

accordance with all of the following standards:

 

     (a) The property shall be cleared so that there is no

 

accumulation of junk, trash, debris, boxes, lumber, scrap metal,

 

junk vehicles, or any other materials that may promote the threat

 

of fire, constitute a safety hazard, or provide harborage for

 

rodents or other animals on the premises.

 

     (b) The state housing development authority shall determine

 

that every foundation, roof, floor, wall, stair, ceiling, and other

 

structural support is safe and capable of supporting the loads that

 

normal use may place upon them. If any structural support is not

 

safe, the state housing development authority shall carry out the

 

necessary remediation measures.

 

     (c) Plumbing fixtures shall be maintained with no leaking

 

pipes.

 

     (d) Every exit door shall be secured with an internal deadbolt

 

lock and shall be capable of being opened from the inside easily

 

and without a key or special knowledge.

 

     (e) Interior stairs shall have treads and risers that have

 

uniform dimensions, are securely fastened, and have no rotting,

 

loose, or deteriorating supports.

 

     (f) Insects, rodents, and other vermin shall be exterminated.

 

     (g) All asbestos-containing materials on the premises shall be

 

maintained in good repair and remain free from defects, such as

 

holes, cracks, or tears that may allow the release of asbestos

 

fibers.

 

     (h) All building openings shall be closed and secured, using

 

secure doors, glazed windows, commercial-quality steel security

 

panels, filled with like-kind material as the surrounding wall, as

 

applicable, to prevent entry by unauthorized persons, except as

 

specifically authorized in this subdivision or in subdivision (i).

 

Use of plywood is prohibited.

 

     (i) Openings less than 1 square foot in area may be boarded

 

with plywood if the boarding is made weather-tight and finished

 

with varnish or paint of a similar color to the exterior wall and

 

cut to the inside dimensions of the exterior of the opening.

 

Openings greater than 1 square foot in area that are located less

 

than 20 feet above the ground, which are otherwise accessible from

 

ground level, or which are within 8 feet in any direction of an

 

exterior stairway, fire escape, or other means of access shall be

 

sealed with commercial-quality, 14-gauge rust-proof steel security

 

panels and doors.

 

     (j) All windows shall have commercial-grade locking devices

 

that enable them to be securely locked from the inside, shall be

 

weather-tight and watertight, and shall be glazed.

 

     Sec. 134. (1) If the owner or occupant fails to comply with

 

the order contained in the notice of violation, the enforcing

 

agency may bring an action to enforce this act and to abate or

 

enjoin the violation.

 

     (2) An owner or occupant of the premises upon which a

 

violation exists may bring an action to enforce this act in his or

 

her own name. Upon application by the enforcing agency, or upon

 

motion of the party filing the complaint, the local enforcing

 

agency may be substituted for, or joined with, the complainant in

 

the discretion of the court. If the subject of the complaint is

 

that the property is located in an urban core city and is a

 

dangerous building under section 139(i) or (j), then the enforcing

 

agency may include the state housing development authority.

 

     (3) If the violation is uncorrected and creates an imminent

 

danger to the health and safety of the occupants of the premises,

 

or if there are no occupants and the violation creates an imminent

 

danger to the health and safety of the public, the enforcing agency

 

shall file a motion for a preliminary injunction or other temporary

 

relief appropriate to remove the danger during the pendency of the

 

action.

 

     (4) Owners and lienholders of record or owners and lienholders

 

ascertained by the complainant with the exercise of reasonable

 

diligence shall be served with a copy of the complaint and a

 

summons. The complainant shall also file a notice of the pendency

 

of the action with the appropriate county register of deeds office

 

where the premises are located.

 

     (5) The court of jurisdiction shall make orders and

 

determinations consistent with the objectives of this act. The

 

court may enjoin the maintenance of unsafe, unhealthy, or

 

unsanitary conditions, or violations of this act, and may order the

 

defendant to make repairs or corrections necessary to abate the

 

conditions. The court may authorize the enforcing agency to repair

 

or to remove the building or structure. If the property is located

 

in an urban core city and is a dangerous property under section

 

139(i) or (j), and the owner of the property does not remedy the

 

condition of the property, the court shall order the enforcing

 

agency to repair or remove the building or structure. If an

 

occupant is not the cause of an unsafe, unhealthy, or unsanitary

 

condition, or a violation of this act, and is the complainant, the

 

court may authorize the occupant to correct the violation and

 

deduct the cost from the rent upon terms the court determines just.

 

If the court finds that the occupant is the cause of an unsafe,

 

unhealthy, or unsanitary condition, or a violation of this act, the

 

court may authorize the owner to correct the violation and assess

 

the cost against the occupant or the occupant's security deposit.

 

     (6) A building or structure shall not be removed unless the

 

cost of repair of the building or structure will be greater than

 

the state equalized value of the building or structure except in

 

urban core cities or local units of government that are adjacent to

 

or contiguous to an urban core city that have adopted stricter

 

standards to expedite the rehabilitation or removal of a boarded or

 

abandoned building or structure that remains either vacant or

 

boarded, or both, and a significant attempt has not been made to

 

rehabilitate the building or structure for a period of 24

 

consecutive months.

 

     (7) If the expense of repair or removal is not provided for,

 

the court may enter an order approving the expense and placing a

 

lien on the real property for the payment of the expense. The order

 

may establish and provide for the priority of the lien as a senior

 

lien, except as to tax and assessment liens, and except as to a

 

recorded mortgage of first priority, recorded prior to all other

 

liens of record if, at the time of recording of that mortgage or at

 

a time subsequent, a certificate of compliance as provided for in

 

this act is in effect on the subject property. The order may also

 

specify the time and manner for foreclosure of the lien if the lien

 

is not satisfied. A true copy of the order shall be filed with the

 

appropriate county register of deeds office where the real property

 

is located within 10 days after entry of the order to perfect the

 

lien granted in the order.

 

     (8) This act does not preempt, preclude, or interfere with the

 

authority of a municipality to protect the health, safety, and

 

general welfare of the public through ordinance, charter, or other

 

means.

 

     (9) As used in this section, "urban core cities" means

 

qualified local governmental units as that term is defined in

 

section 2 of the obsolete property rehabilitation act, 2000 PA 146,

 

MCL 125.2782.

 

     Sec. 141. (1) At a hearing prescribed by section 140, the

 

hearing officer shall take testimony of the enforcing agency, the

 

owner of the property, and any interested party. 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.

 

     (2) If the hearing officer determines that the building or

 

structure should be demolished, otherwise made safe, or properly

 

maintained, the hearing officer shall enter an order that specifies

 

what action the owner, agent, or lessee shall take and sets a date

 

by which the owner, agent, or lessee shall comply with the order.

 

If the building is a dangerous building under section 139(j), 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.

 

     (3) If the owner, agent, or lessee fails to appear or neglects

 

or refuses to comply with the order issued under subsection (2),

 

the hearing officer shall file a report of the findings and a copy

 

of the order with the legislative body of the city, village, or

 

township not more than 5 days after the date for compliance set in

 

the order and request that necessary action be taken to enforce the

 

order. If the legislative body of the city, village, or township

 

has established a board of appeals under section 141c, the hearing

 

officer shall file the report of the findings and a copy of the

 

order with the board of appeals 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

 

in the manner prescribed in section 140. If the property that is

 

the subject of the order issued under subsection (2) is located in

 

an urban core city and is a dangerous building under section 139(i)

 

or (j), the hearing officer shall file an additional report of the

 

findings and a copy of the order with the state housing development

 

authority not more than 5 days after the date for compliance set in

 

the order and the state housing development authority shall take

 

necessary action to enforce and implement the order if the

 

legislative body of the city, village, or township does not enforce

 

or implement the order within 5 days of receiving the request under

 

this section.

 

     (4) The legislative body or the board of appeals of the city,

 

village, or township, as applicable, shall set a date not less than

 

30 days after the hearing prescribed in section 140 for a hearing

 

on the findings and order of the hearing officer. The legislative

 

body or the board of appeals shall give notice to the owner, agent,

 

or lessee in the manner prescribed in section 140 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 legislative body or the board of appeals of

 

the city, village, or township shall either approve, disapprove, or

 

modify the order. If the legislative body or board of appeals

 

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 subsection.

 

For an order of demolition, if the legislative body or the board of

 

appeals of the city, village, or township determines that the

 

building or structure has been substantially destroyed by fire,

 

wind, flood, deterioration, neglect, abandonment, vandalism, or

 

other cause, 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 subsection. If the estimated cost of repair exceeds the state

 

equalized value of the building or structure to be repaired, a

 

rebuttable presumption that the building or structure requires

 

immediate demolition exists.

 

     (5) The cost of demolition includes, but is not limited to,

 

fees paid to hearing officers, costs of title searches or

 

commitments used to determine the parties in interest, recording

 

fees for notices and liens filed with the county register of deeds,

 

demolition and dumping charges, court reporter attendance fees, and

 

costs of the collection of the charges authorized under this act.

 

The 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 incurred by the city, village,

 

or township to bring the property into conformance with this act

 

shall be reimbursed to the enforcing agency, city, village, or

 

township by the owner or party in interest in whose name the

 

property appears.

 

     (6) The owner or party in interest in whose name the property

 

appears upon the last local tax assessment records shall be

 

notified by the assessor of the amount of the 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 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 city, village, or township shall have a

 

lien for the cost incurred by the enforcing agency, city, village,

 

or township to bring the property into conformance with this act.

 

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

 

subsection 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, 1893 PA 206, MCL 211.1 to

 

211.157.

 

     (7) In addition to other remedies under this act, the city,

 

village, or township 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. A An enforcing agency, city, village, or township shall

 

have a lien on the property for the amount of a judgment obtained

 

under this subsection. The lien provided for in this subsection

 

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.

 

     Sec. 141a. (1) A judgment in an action brought pursuant to

 

section 141(7) may be enforced against assets of the owner other

 

than the building or structure.

 

     (2) A An enforcing agency, city, village, or township shall

 

have a lien for the amount of a judgment obtained pursuant to

 

section 141(7) 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 whom the judgment is

 

obtained. A lien provided for in this section 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.