The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Abandoned vacant property. Improved real property with at least one building that has been vacant for 30 days or more and meets any of the following criteria:

(1)

Has one or more broken or boarded windows;

(2)

Has utilities disconnected or not in use;

(3)

Is not maintained in compliance with this chapter and Chapter 152;

(4)

Is only partially completed and is not fit for human occupancy and there are no active building permits for the property that will result in restoration of the premises to be in safe and habitable conditions; or

(5)

Show evidence of vacancy, which would lead a reasonable person to believe the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers or other regularly delivered items, abandoned vehicles, conditions of blight, or evidence of property foreclosure. Abandoned vacant property shall not mean property that is temporarily unoccupied while the residents of the property are away on vacation or personal business, so long as such vacancy does not exceed a period of six months. If such vacancy exceeds a period of six months, the owner shall register the property in accordance with this chapter. Property that is listed for sale and/or for lease shall not be considered abandoned vacant property so long as it continues to be actively marketed and advertised.

Building. A structure with a roof supported by columns or walls to serve as a shelter or enclosure.

Owner. An individual, co-partnership, association, corporation, company fiduciary, or other person or legal entity having a legal or equitable title or any interest in any real property.

(Ord. No. 2-2014, 10-15-2014)

An owner of abandoned vacant property shall register that property with the City Zoning Administrator, or his or her designee, by complying with the registration and inspection fee requirements in this chapter within 45 days of the vacancy.

(Ord. No. 2-2014, 10-15-2014)

(A)

Owners shall submit a completed registration form containing the information specified in this section. The registration form may be provided by an agent for an owner provided the agent's written authorization from the owner is provided with the registration. The registration form shall include the following:

(1)

The name of the owner of the abandoned vacant property;

(2)

The name of the person or entity responsible for the care and control of the abandoned vacant property. Such individual may be the owner, or may be someone other than the owner provided that the owner has contracted with such person or entity to act as owner's agent for the purpose of this chapter; and

(3)

A current address, mailing address (if different), telephone number, facsimile number, and email address where communications may be sent that will be acknowledged as received by the individual responsible for the care and control of the abandoned vacant property.

(B)

If certified return receipt requested mail is sent to the address provided pursuant to this section and the mail is returned marked "refused" or "unclaimed," or if ordinary mail sent to the address provided is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to properly comply with the requirements of this section.

(Ord. No. 2-2014, 10-15-2014)

If at any time the information contained in the registration form required pursuant to Section 153.03 is no longer valid, the owner has ten days to file a new registration form containing valid, current information. There shall be no fee to update an existing registered owner's current information.

(Ord. No. 2-2014, 10-15-2014)

(A)

Abandoned vacant property, including the surrounding real property, is subject to an initial safety and maintenance inspection by the city upon registration and any necessary follow-up inspections. Such inspection shall include all of the standards set forth in Chapter 152 and all other applicable city codes. The owner shall pay the inspection fees, if any, as established from time to time by the City Council.

(B)

In the event such inspection reveals any violations, the owner shall apply for any necessary permits within ten days and shall complete all repairs required resulting from such inspection within 30 days, or such additional period as permitted by the city. Further, any violations of Chapter 152 shall be fully repaired and remedied within 30 days' notice to the owner, or such additional time as permitted by the city.

(Ord. No. 2-2014, 10-15-2014)

An owner of abandoned vacant property shall comply with the requirements of Chapter 152.

(Ord. No. 2-2014, 10-15-2014)

Abandoned vacant property shall not be occupied until a certificate of occupancy has been issued by the city within 30 days immediately prior to occupancy, and all violations have been corrected in accordance with the applicable requirements of all codes and ordinances. All mechanical, electrical, plumbing, and structural systems shall be inspected and approved by the city. In addition, a certificate of occupancy shall not be issued until all outstanding fees, assessments and/or liens owed to the city have been paid in full.

(Ord. No. 2-2014, 10-15-2014)

An appeal of the decision of the city as to the city's determination of a property being an abandoned vacant property or as to violations of this chapter shall be made in writing to the City Zoning Administrator, or his or her designee, within ten days of the determination and/or notice of violation being sent by the city to the address provided on the registration form submitted under Section 153.03. If dissatisfied with the City Zoning Administrator's, or his or her designee's decision, the owner may appeal said decision to the City Zoning Board of Appeals by providing the City Zoning Administrator with a written appeal within ten days of said decision. The appeal shall be set for consideration at an upcoming City Zoning Board of Appeals meeting and the owner shall have the right to be heard.

(Ord. No. 2-2014, 10-15-2014)

The city recognizes that the dissemination of the registration information and other documents identifying property as being abandoned vacant property could result in the improper use of that information. The city considers such information to be of a personal nature, the public disclosure of which would constitute a clearly unwarranted invasion of the owner's privacy. As such, such information will be treated as exempt under the Freedom of Information Act, M.C.L.A. § 5.243(1)(a) as may be amended, and will not be disclosed without a court order.

(Ord. No. 2-2014, 10-15-2014)

All fees applicable to this chapter shall be set from time to time by resolution of the City Council, which fees may include a registration fee, an inspection fee, a reinspection fee, and such other related fees established by the City Council. There shall also be a fee for the filing of a new owner's registration form. For abandoned vacant properties that are not registered within the required time, an additional fee for the added cost of the city's expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and immediately payable. Payment of all fees required under this chapter shall be paid within 30 days after an invoice for such fee(s) is sent to the owner at the address contained in the registration form. All fees shall constitute a debt in favor of the city. Any unpaid fees shall be specially assessed and entered upon the next tax roll as a lien against the property, which shall be collected and entered in the same manner and with the same interest and penalties as general property taxes against such property.

(Ord. No. 2-2014, 10-15-2014)

(A)

Any person who shall violate a provision of this chapter, or who fails to comply therewith, or with any of the requirements thereof, shall be guilty of a municipal civil infraction as defined in Chapter 31.

(B)

Unless otherwise provided in this chapter, any person, firm, corporation, or any owner of any building, structure, or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created, shall be responsible for a municipal civil infraction. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter, or any omission or failure to act where the act is required by this chapter. Upon a finding of responsibility, a defendant shall be responsible for civil fine for each infraction as provided for in Chapter 31, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 31, Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws.

(C)

For a first offense, a civil fine of not less than $100.00 plus costs shall be levied. The civil fine for any first repeat offense shall be not less than $200.00 plus costs. A civil fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500.00 plus costs. A sanction shall be a civil fine as provided for above, plus costs, damages, expenses, actual attorney fees and other sanctions, as authorized under Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws. As used in this chapter, repeat offense means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:

(1)

Committed by a person or entity within any 12-month period; and

(2)

For which the person admits responsibility or is determined to be responsible.

(D)

Each day on which any violation of this chapter continues shall constitute a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation for any section of this chapter which is declared to be a civil infraction.

(E)

In the event that a person or entity who is found responsible fails to obey any correction order or order of mandamus which may be issued by a court, such person or entity may be required by a court of law to pay all reasonable costs and expenses which are incurred by the city in making the corrective action or actions.

(Ord. No. 2-2014, 10-15-2014)