(a)

The City, through its Buildings, Safety Engineering, and Environmental Department, is authorized to administer and enforce the provisions of this chapter and shall enforce any provision of this chapter or the provisions of any zoning grant that is approved by the Buildings, Safety Engineering, and Environmental Department or Board of Zoning Appeals:

(1)

In accordance with Chapter 3 of this Code, Administrative Hearings and Enforcement, and Administrative Appeals, through the issuance of a blight violation notice; or

(2)

Through the institution of an appropriate action or proceeding in equity to prevent, restrain, correct, or abate any violation of the provisions of this chapter;

(3)

Through legal action to abate a public or private nuisance.

(b)

In accordance with the prescribed procedures of the City, the Director of the Buildings, Safety Engineering, and Environmental Department shall have the authority to designate technical officers and inspectors who are authorized to enforce and to ensure compliance with the provisions of this chapter, to conduct inspections and reinspections, and to issue and serve upon a person a written notice or order, where the public servant has reasonable cause to believe that there has been a violation of this chapter.

(c)

In accordance with Section 1-1-10 of this Code, the Director of the Buildings, Safety Engineering, and Environmental Department shall designate employees to act as authorized local officials who shall have the authority to issue and serve upon a person a blight violation where the official has reasonable cause to believe that there is a violation of this chapter.

(Code 1984, § 61-5-1; Ord. No. 11-05, § 1(61-5-1), eff. 5-28-2005)

In cooperation with the Buildings, Safety Engineering, and Environmental Department, any police officer shall have the authority to enforce:

(1)

Any provision of this chapter; and

(2)

The provisions of any zoning grant that is approved by the Buildings, Safety Engineering, and Environmental Department or by the Board of Zoning Appeals, which concerns, among other things, the parking, storing, or placing of a motor vehicle upon land or premises.

(Code 1984, § 61-5-2; Ord. No. 11-05, § 1(61-5-2), eff. 5-28-2005)

In cooperation with the Buildings, Safety Engineering, and Environmental Department, any officer of the court and other officers of the City, including, but not limited to, the Buildings, Safety Engineering, and Environmental Department Environmental Affairs Division, the Buildings, Safety Engineering, and Environmental Department Business License Center, the Fire Department Fire Marshal Division and the Department of Public Works, shall share responsibility for enforcing provisions of this chapter which relate to their respective area of authority.

(Code 1984, § 61-5-3; Ord. No. 11-05, § 1(61-5-3), eff. 5-28-2005)

In accordance with Section 41(4) of the Michigan Home Rule Cities Act, being MCL 117.41(4), and Sections 1-1-9(a)(3) and 3-2-1 of this Code, a violation of this chapter ceases to be a municipal civil infraction, and is deemed to be a blight violation. In addition, the City, through its Corporation Counsel, may institute an appropriate action or proceeding in equity to prevent, restrain, correct, or abate any violation of the provisions of this chapter.

(Code 1984, § 61-5-11; Ord. No. 11-05, § 1(61-5-11), eff. 5-28-2005)

In any blight violation proceeding, or in any action or proceeding in equity, for the violation of any provision of this chapter which concerns the parking, storing, or placing of a motor vehicle upon land or premises, the registration plate attached to such motor vehicle shall constitute prima facie evidence that the owner of such motor vehicle was the person who parked, stored, or placed such motor vehicle upon the land of the premises where such violation is alleged to have occurred.

(Code 1984, § 61-5-12; Ord. No. 11-05, § 1(61-5-12), eff. 5-28-2005)

In the event of noncompliance with any condition of issuance, a permit that is approved under the provisions of this chapter shall be revocable.

(Code 1984, § 61-5-13; Ord. No. 11-05, § 1(61-5-13), eff. 5-28-2005)

Any of the following shall be a violation of this chapter and shall be subject to the remedies and penalties that are provided for in this chapter:

(1)

Development or subdivision without permit or approval. To engage in any subdividing, development, construction, remodeling, alteration, or other activity of any nature upon land that is subject to this chapter without all of the approvals which are required by this chapter;

(2)

Development, subdivision, or use inconsistent with permit or license. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, license, or other form of authorization which is required in order to engage in such activity;

(3)

Development, subdivision, or use inconsistent with conditions. To violate, by act or omission, any term, condition, or qualification that is placed by a decision-making body upon any permit or other form of authorization;

(4)

Violating dimensional requirements. To reduce or diminish any lot area so that the lot size, setbacks, or open spaces shall be smaller than prescribed by this chapter, or to increase the height or bulk of any building or structure in violation of the requirements of this chapter;

(5)

Increasing intensity or density of use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this chapter;

(6)

Removing or defacing required notice. To remove, deface, obscure, or otherwise interfere with any notice that is required by this chapter;

(7)

Obtaining permit or approval in a fraudulent manner. To obtain any permit, approval, certificate, license, or other form of authorization required by this chapter in a fraudulent manner; and

(8)

All other violations. To establish or operate other activities, structures, or land uses that are in violation of any specific provisions, or the general purpose and intent, of this chapter.

(Code 1984, § 61-5-14; Ord. No. 11-05, § 1(61-5-14), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Each day that a violation remains uncorrected after receiving notice of the violation from the City shall constitute a separate violation of this chapter. The imposition of a fine or penalty under this article shall not be construed to excuse or to permit the continuation of any violation.

(Code 1984, § 61-5-15; Ord. No. 11-05, § 1(61-5-15), eff. 5-28-2005)

The remedies and enforcement powers that are established in this chapter shall be cumulative, and the City may exercise them in any order.

(Code 1984, § 61-5-16; Ord. No. 11-05, § 1(61-5-16), eff. 5-28-2005)

In accordance with Section 4l(4) of the Michigan Home Rule City Act, being MCL 117.4l(4), and Section 3-2-1 of this Code, any person, firm, partnership, or corporation, or anyone acting on behalf of said person, firm, partnership, or corporation, who admits responsibility or is found to be responsible, through a blight violation determination, for violation of any provision of this chapter shall be subject to a civil fine specified in Section 50-5-28 through Section 50-5-31 of this Code.

(Code 1984, § 61-5-17; Ord. No. 11-05, § 1(61-5-17), eff. 5-28-2005; Ord. No. 24-08, § 1(61-5-17), eff. 11-1-2008)

Penalties for using land without a permit are as follows:

(Code 1984, § 61-5-18; Ord. No. 11-05, § 1(61-5-18), eff. 5-28-2005; Ord. No. 34-05, § 1(61-5-18), eff. 12-6-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)

The penalty for failure to comply with a condition granted by the Buildings, Safety Engineering, and Environmental Department or by the Board of Zoning Appeals is as follows:

(Code 1984, § 61-5-19; Ord. No. 11-05, § 1(61-5-19), eff. 5-28-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Penalties for failure to comply with a parking, loading, or dimensional requirement are as follows:

(Code 1984, § 61-5-20; Ord. No. 11-05, § 1(61-5-20), eff. 5-28-2005; Ord. No. 34-05, § 1(61-5-20), eff. 12-6-2005; Ord. No. 2023-6, § 1, eff. 3-8-2023)

Penalties for failure to comply with other land use or procedural requirements are as follows:

(Code 1984, § 61-5-21; Ord. No. 11-05, § 1(61-5-21), eff. 5-28-2005; Ord. No. 44-06, § 1(61-5-21), eff. 12-21-2006; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2023-6, § 1, eff. 3-8-2023)

In the case of a firm or a partnership, the civil fine may be imposed upon the partners or members thereof and, in the case of a corporation, the civil fine may be imposed upon the officers thereof.

(Code 1984, § 61-5-22; Ord. No. 11-05, § 1(61-5-22), eff. 5-28-2005)

In accordance with Section 3-2-3 of this Code:

(1)

A civil fine that is paid before the appearance date shall be reduced by ten percent;

(2)

A civil fine that is paid after the appearance date shall be increased by ten percent; and

(3)

A civil fine that is paid on the appearance date shall be neither reduced nor increased.

(Code 1984, § 61-5-23; Ord. No. 11-05, § 1(61-5-23), eff. 5-28-2005)

(a)

Pursuant to Section 4q(13) of the Michigan Home Rule Cities Act, being MCL 117.4q(13), and Section 3-2-55(a) of this Code, Department of Administrative Hearings hearing officers shall impose a justice system assessment fee for each blight violation determination.

(b)

Pursuant to Section 3-2-55(b) of this Code, each blight violation notice shall be subject to an administrative processing and adjudication fee, that is established by the Director of the Department of Administrative Hearings and approved by the City Council.

(Code 1984, § 61-5-24; Ord. No. 11-05, § 1(61-5-24), eff. 5-28-2005)

Payment of a blight violation fine does not relieve the responsible party from complying with any order of the Buildings, Safety Engineering, and Environmental Department or from complying with the provisions of this chapter.

(Code 1984, § 61-5-25; Ord. No. 11-05, § 1(61-5-25), eff. 5-28-2005)

The City shall have additional remedies and enforcement powers specified in this division.

(Code 1984, § 61-5-31; Ord. No. 11-05, § 1(61-5-31), eff. 5-28-2005)

(a)

Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is ineligible to apply for a permit where the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of this Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(b)

The Buildings, Safety Engineering, and Environmental Department may deny or withhold any and all permits, certificates, or other forms of authorization from an applicant on any land or structure or improvements thereon where there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization which was previously granted by the City. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

(c)

The Buildings, Safety Engineering, and Environmental Department may deny or withhold any permits, certificates, or other forms of authorization, on any land or structure or improvement that is owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval, or other authorization which was previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

(Code 1984, § 61-5-32; Ord. No. 11-05, § 1(61-5-32), eff. 5-28-2005; Ord. No. 38-14, § 1(61-5-32), eff. 10-16-2014)

In addition to withholding or denying a permit or other authorization, the Buildings, Safety Engineering, and Environmental Department may grant such authorization subject to the condition that the violation is corrected.

(Code 1984, § 61-5-33; Ord. No. 11-05, § 1(61-5-33), eff. 5-28-2005)

Any permit or other form of authorization which is required under this chapter may be revoked where the Buildings, Safety Engineering, and Environmental Department determines:

(1)

That there is departure from the plans, specifications, use regulations, or conditions as required under terms of the permit;

(2)

That any of the permits, including the development permit, were procured by false representation or was issued in error; or

(3)

That any of the provisions of this chapter are being violated. Any permit or other authorization that is revoked under this procedure shall become null and void.

(See Section 50-3-24 through Section 50-3-26 and Section 50-5-71 through Section 50-5-75 of this Code for the appropriate revocation procedure.)

(Code 1984, § 61-5-34; Ord. No. 11-05, § 1(61-5-34), eff. 5-28-2005; Ord. No. 32-13, § 1(61-5-34), eff. 12-21-2013)

With or without revoking permits, the Buildings, Safety Engineering, and Environmental Department may stop work on any building or structure on any land where there is an uncorrected violation of a provision of this chapter, or of a permit or other form of authorization issued hereunder, in accordance with its authority to stop work under Chapter 8 Article II, of this Code, Building Code.

(Code 1984, § 61-5-35; Ord. No. 11-05, § 1(61-5-35), eff. 5-28-2005)

The Buildings, Safety Engineering, and Environmental Department may seek an injunction or other equitable relief in court to stop any violation of this chapter, or of a permit, certificate, or other form of authorization that is granted under this chapter.

(Code 1984, § 61-5-36; Ord. No. 11-05, § 1(61-5-36), eff. 5-28-2005)

(a)

The Buildings, Safety Engineering, and Environmental Department may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation, or to otherwise restore the premises in question to the condition which existed prior to the violation.

(b)

Any premises, building, or other structure in which an adult use/sexually-oriented business, a medical marijuana facility, or an adult-use marijuana establishment operates in violation of the standards set forth in this Code constitutes a public nuisance and is subject to civil abatement proceedings initiated by the City of Detroit in a court of competent jurisdiction in addition to the penalties authorized by this chapter. Any premises, building, or other structure declared by the court to be a public nuisance must be closed and the property owner assessed the costs of abatement.

(Code 1984, § 61-5-37; Ord. No. 11-05, § 1(61-5-37), eff. 5-28-2005; Ord. No. 2023-29, § 1, eff. 8-10-2023)

The Buildings, Safety Engineering, and Environmental Department shall have such other remedies as are provided for by state law for the violation of zoning, subdivision, or related provisions of this chapter.

(Code 1984, § 61-5-38; Ord. No. 11-05, § 1(61-5-38), eff. 5-28-2005; Ord. No. 2020-12, § 1, eff. 12-9-2020)

In addition to the enforcement powers that are specified in this chapter, the City may exercise any and all enforcement powers which are granted by state law.

(Code 1984, § 61-5-39; Ord. No. 11-05, § 1(61-5-39), eff. 5-28-2005)

Nothing in this chapter shall prohibit the continuation of previous enforcement actions that were undertaken by any City department, appointee, or employee, pursuant to Ordinance 390-G, as amended, The Official Zoning Ordinance of the City of Detroit.

(Code 1984, § 61-5-40; Ord. No. 11-05, § 1(61-5-40), eff. 5-28-2005)

The Buildings, Safety Engineering, and Environmental Department shall administer enforcement of blight violations provisions in accordance with the procedures that are specified in Chapter 3 of this Code, Administrative Hearings and Enforcement, and Administrative Appeals.

(Code 1984, § 61-5-51; Ord. No. 11-05, § 1(61-5-51), eff. 5-28-2005)

The Buildings, Safety Engineering, and Environmental Department shall initiate a revocation process upon a determination by the Department that there are reasonable grounds for revocation of land use rights granted under the provisions of this chapter, in the following circumstances:

(1)

Failure to obtain a Certificate of Occupancy in a reasonable amount of time as determined by the Building Official resulting in the termination of the building permit. Upon revocation of a permit, any related zoning grant shall become invalid (Section 50-3-24 and Section 50-3-25 of this Code);

(2)

Failure to comply with all of the standards for a conditional land use or any stated conditions of approval after the issuance of a Certificate of Occupancy. Such revocation shall be subject to a show-cause hearing (Section 50-4-48 of this Code); or

(3)

A land use that was established at a time when no such establishment procedure was required for that use, including establishment prior to the current version of this chapter, which has not been in use for a continuous period of at least six months and therefore will be presumed to be abandoned. Such revocation shall be subject to a show-cause hearing.

(Code 1984, § 61-5-52; Ord. No. 11-05, § 1(61-5-52), eff. 5-28-2005; Ord. No. 32-13, § 1(61-5-52), eff. 12-21-2013)

(a)

Notice of revocation of a zoning grant in which a building permit and/or Certificate of Occupancy has not been issued shall be sent by the Buildings, Safety Engineering, and Environmental Department via certified mail to the property owner, taxpayer of record and the applicant of record.

(b)

Whenever this chapter or due process requires a show-cause hearing the Buildings, Safety Engineering, and Environmental Department shall publish, in a newspaper of general circulation in the City not less than ten days before the hearing is held, one notice that a show-cause hearing will be held, and shall send by certified mail a copy of said notice to the owners of property for which the hearing is being held.

(Code 1984, § 61-5-53; Ord. No. 11-05, § 1(61-5-53), eff. 5-28-2005; Ord. No. 32-13, § 1(61-5-53), eff. 12-21-2013)

The Buildings, Safety Engineering, and Environmental Department may revoke land use rights upon making one or more of the following findings:

(1)

That the land use grant, variance or permit was approved on the basis of erroneous or misleading information or misrepresentation;

(2)

That the terms or conditions of approval of the permit have been violated, the use has become a nuisance and/or is injurious to the adjacent and surrounding property owners or the applicant has failed to comply with all applicable local, state and federal codes and ordinances; or

(3)

That there has been a discontinuance of the exercise of the entitlement granted by the permit for a continuous period of at least six months.

(Code 1984, § 61-5-55; Ord. No. 11-05, § 1(61-5-55), eff. 5-28-2005; Ord. No. 32-13, § 1(61-5-55), eff. 12-21-2013)

(a)

Presumption of abandonment. A land use shall be presumed abandoned and its land use rights extinguished where any one of the following has occurred:

(1)

The owner has indicated, in writing or by public statement, an intent to abandon the use;

(2)

A less intensive use has replaced the current presumed abandoned use; or

(3)

The building or structure that houses the use has been removed.

(b)

Evidence of abandonment. The building official shall schedule a show-cause hearing if there is evidence that any one of the following has occurred:

(1)

The owner of the property has indicated, in writing or by public statement, an intent to abandon the use;

(2)

The building or structure that houses the use has been removed;

(3)

The owner has physically changed the building or structure, or its permanent equipment, in a matter that clearly indicates a change in use or activity to something other than the existing use;

(4)

The use has been discontinued, vacant, or inactive for a continuous period of at least six months;

(5)

Public utility service has been shut off; or

(6)

Any license required by law for the operation of the use has expired, or has been revoked.

(c)

Overcoming presumption of abandonment. A presumption of abandonment based on the evidence of abandonment, as provided for in Subsections (a) and (b) of this section, may be rebutted upon a showing of all of the following, to the satisfaction of the Buildings, Safety Engineering, and Environmental Department, that the owner:

(1)

Has been maintaining the land and structure in accordance with all applicable regulations, including Chapter 8, Article II of this Code, Building Code, and Chapter 8, Article XV of this Code, Property Maintenance Code, and did not intend to discontinue the use;

(2)

Has been maintaining all applicable licenses;

(3)

Has filed all applicable tax documents; and

(4)

In addition, the owner of the use shall be required to demonstrate, to the satisfaction of the Buildings, Safety Engineering, and Environmental Department, that during the period of inactivity or discontinuance the owner:

a.

Has been actively and continuously marketing the land or structure for sale or lease for the existing use/purpose; or

b.

Has been engaged in other activities that would affirmatively prove there was not intent to abandon.

(Code 1984, § 61-5-56; Ord. No. 32-13, § 1(61-5-56), eff. 12-21-2013)