Dangerous Buildings Hearing Officer

In 1992, Part VII of the Housing Law of Michigan (MCLs 125.523 to 125.543) was amended to authorize a township to appoint a “hearing officer” to conduct hearings involving defective or dangerous buildings or structures that needed to be repaired, made safe or demolished. The hearing officer is appointed by the township supervisor and must be a person “who has expertise in housing matters including, but not limited to, an engineer, architect, building contractor, building inspector, or member of a community housing organization.”

The statute defines the types of dangerous, unsafe or hazardous buildings that can be required to be corrected or removed by the township. It includes buildings or structures that remain unoccupied for a period of 180 consecutive days or longer and are not listed for sale, lease or rent with a real estate broker. The vacant building provision, however, does not apply where the township is informed by the owner that the building or structure will be unoccupied for a period of 180 consecutive days, which notification must be given within 30 days of its vacancy.

If the township wishes to proceed against a building or structure, it must give notice to the owner, agent or lessee that is registered with the township, or whose name appears on the last tax assessment records where no registration exists, specifying the time and place of a hearing before the hearing officer on the subject property. The notice must be served personally or by certified mail with return receipt requested. If it is served by certified mail, it must be posted upon the building or structure. These notices must be served at least 10 days prior to the hearing.

At the hearing, the hearing officer shall take testimony and render a decision within five days after the close of the hearing. This decision either closes the proceedings or orders the building or structure demolished, otherwise made safe or properly maintained within a specified time. The order may also include maintaining the exterior of the building including the maintenance of lawns, trees and shrubs. If there is no compliance with the hearing officer’s order, the hearing officer must file a report of his or her findings with a copy of the order with the township board not more than five days after noncompliance, with a request that necessary action be taken to enforce the order. A copy must be served upon the violator.

The township board must conduct a hearing on the noncompliance not less than 30 days after the previous hearing and give similar notice to the violator. The township board may affirm, modify, or disapprove the hearing officer’s order. If the violator does not comply, the township may perform the necessary corrections or demolition and charge the owner the costs of the same by placing the costs on the tax roll against the property in question. The township assessor, however, must first notify the owner by first-class mail of the amount due and the requirement that it be paid within 30 days of the mailing of the notice. The notice must also inform the owner that if the amount due is not paid within 30 days, it will be placed on the tax roll.

In the alternative, the township has authority to sue the owner directly for the costs of compliance and record a lien against the owner’s property. Any of the owner’s property in the state can be subject to such lien. In addition to the recovery of costs, the violator is subject to imprisonment for up to 120 days and a fine of up to $1,000, or both, for failing to comply. The violator has 20 days within which to appeal the final decision of the township board to circuit court.

If the township board so desires, it may delegate its authority in these proceedings by appointing a board of appeals, consisting of a building contractor, a registered architect or engineer, two members of the general public and an individual registered with the state as a building official, plan reviewer or inspector. The building official, plan reviewer or inspector may also be an employee of the township. Members appointed serve for a three-year staggered term; elect a chairperson, vice-chairperson and other necessary officers, and act only by a majority of the total membership. The township board may determine a per diem compensation and reimbursement of expenses of the members. The board of appeals is subject to both the Michigan Open Meetings and Freedom of Information Acts.

MCL 125.541 provides that if the estimated cost of repair exceeds the state equalized value of the building or structure, a rebuttable presumption exists that its demolition is required. Costs of demolition reimbursable to the township can include, among others, fees paid to the hearing officer, title search costs, recording fees for notices and liens, demolition and dumping charges, court reporter fees and costs of collection of any and all charges.