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Ordinance 12-Dilapidated Building and/or Structure
An Ordinance to Secure the Public Peace, Health, Safety, Welfare and Convenience of the Residents and Property Owners of the Township of Springport, Jackson County, Michigan, by the Regulation of Uncompleted, Abandoned, Dilapidated or Deteriorated Buildings Injurious to Life or Health, Within Said Township and to Provide Penalties for the Violation Thereof.

THE TOWNSHIP OF SPRINGPORT ORDAINS:

Section 1: NAME

This Ordinance shall be known and cited as the Springport Township Dilapidated Building and/or Structure Ordinance.

Section 2: REGULATIONS

(a) All buildings and parts thereof in the process of construction with a valid building permit erected on or before the effective date of this Ordinance shall be fully and permanently enclosed within one (1) year from such a date, or in the alternative, shall be torn down and removed, and any excavation thereunder filled in to grade level.

(b) All buildings and parts thereof hereafter erected shall be fully and permanently enclosed in accordance with the building permit issued thereof, within one (1) year from the issuance of said permit, or the commencement of said construction, whichever shall first occur. This regulation (b) shall not apply to the construction of large buildings containing more than 100,000 square feet of first floor space.

(c) No building or structure, whether now existing or hereafter erected, shall be left in a dangerous or hazardous condition by virtue of disrepair, depreciation, damage by fire, collapse or act of God, or by virtue of any other cause, but shall be forthwith repaired or rehabilitated, and the dangerous or hazardous condition removed by the owner or occupant thereof, or in the alternative, torn down and removed, and any excavation thereunder filled to grade level.

No building so damaged or destroyed to such an extent that the cost of repair and rehabilitation to place it in a safe, sound and sanitary condition exceeds 75% of the assessed valuation of the building, at the time the repairs of rehabilitation are to be made, shall be repaired or rehabilitated unless it is made to comply in all respects with the provisions of all Springport Township Ordinances governing such building. Any building so damaged or destroyed to such an extent that the cost of repair and rehabilitation to place it in a safe, sound and sanitary condition exceeds 100% of the assessed valuation at the time when the repairs or rehabilitation are to be made, shall be deemed unfit for human habilitation and shall be immediately vacated, and unless made to comply with all the provisions of the Michigan State Construction Code shall be demolished and removed.

(d) Whenever any building or premises or the plumbing, sewage, drainage, lighting or ventilation thereof is, in the opinion of the building inspector of health officer, dangerous or detrimental to life or health, such officer may declare that the same, to the extent he may specify, is a public nuisance, and may order the same to be removed, abated, suspended, altered or otherwise improved or purified, as the order shall specify.

(e) Whenever any building or premises or the plumbing, sewage, drainage, lighting or ventilation thereof is, in the opinion of the building inspector of health officer, dangerous or detrimental to life or health, such officer may declare that the same constitutes a health or safety hazard, or both.

Section 3: NOTICE OF HEARING

Upon making of such a determination of hazard, the Township Supervisor shall send a notice of hearing to the owner or occupants by certified mail, return receipt requested, or personal service. Said notice shall describe the premises; a complete detail of the conditions which are deemed to constitute the hazard; explain the nature of the proceedings, which are to determine whether or not the building is a nuisance and/or a hazard and what action shall be taken; and give notice of the time, place and before whom the hearing will be afforded.

(a) The said hearing shall be set not less than fifteen (15) days nor more than twenty (20) days from the date of the determination of hazard or nuisance by the building inspector or health officer. The hearing shall be held before the Township Board and be held at the regular meeting place of the Township Board or at a site designated by the Township Board.

(b) At said meeting, the owner or occupant of the premises cited shall be afforded the right to cross-examine all witnesses who testify against the property, to testify on his own behalf and to produce witnesses on his own account.

(c) After a full consideration according to the evidence presented at the hearing, the Township Board shall take a vote. A majority note shall be required in order to make a finding that a hazard or nuisance exist. Upon such a finding, the Township Board may order the same to be removed, suspended, altered, or otherwise improved or purified, and set terms and conditions for the same.

Section 4: PENALTIES FOR VIOLATIONS

Any person, firm or corporation who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00), or by imprisonment in the County Jail, not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense. In addition to the imposition of such fines and penalties, any building which continues to violate the provisions of this Ordinance after the owner or occupant has been ordered by the building inspector or health officer of the County or Township, to make the same comply, to demolish, to board up or to remove such building, may, in the discretion of the Township Board, be made to comply, be demolished, boarded up or removed by such Township Board, or its agents, and the costs thereof collected from the owner or occupant of said premises. If the owner or occupant refuses to pay such costs, the same may be assessed against the property of the owner or occupant and collected in the same manner as are taxes assessed under the general laws of the State of Michigan.

The foregoing remedies shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies.

Section 5: SEVERABILITY OF PROVISIONS

Invalidation of any section or provision of this Ordinance shall not affect the validity of the remaining sections or provisions hereof.

Section 6: EFFECTIVE DATE

This Ordinance shall become effective thirty (30) days after publication in the Springport Signal.

This Ordinance duly adopted on June 17, 1987 at a special meeting of the Springport Township Board and will become effective August 8, 1987.