October 12, 2005, Introduced by Reps. Hune, Gosselin and Drolet and referred to the Committee on Government Operations.
A bill to amend 1921 PA 207, entitled
"City and village zoning act,"
by amending section 7 (MCL 125.587), as amended by 2003 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7. (1) A building erected, altered, razed, or converted ,
or
a use carried on in violation of a
local ordinance or
regulation
adopted pursuant to this act city
or village zoning
ordinance is a nuisance per se. The court shall order the nuisance
abated, and the owner or agent in charge of the building or land,
or
both the owner and the agent, are is
liable for maintaining a
nuisance
per se. The legislative body in the ordinance adopted
pursuant
to this act
(2) A city or village zoning ordinance shall designate the
proper officials whose duty it is to administer and enforce the
ordinance. and
(3) A city or village zoning ordinance shall do 1 of the
following for each violation of the ordinance:
(a) Impose a penalty for the violation.
(b) Designate the violation as a municipal civil infraction
and impose a civil fine for the violation.
(c) Designate the violation as a blight violation and impose a
civil fine or other sanction authorized by law if the city
establishes an administrative hearings bureau pursuant to statute
to adjudicate and impose sanctions for blight violations.
(4) For the purposes of subsection (3), a person is not liable
for a violation of a zoning ordinance occurring before the thirty-
first day after the person receives written notice of the violation
from an official enforcing the zoning ordinance. The notice shall
specifically describe the violation and inform the person of the
30-day grace period provided by this subsection. The notice shall
be delivered in person or by registered mail, return receipt
requested.
(5) The fine for a violation of a zoning ordinance shall not
exceed the lesser of the following:
(a) Five hundred dollars. This subdivision applies only to a
criminal fine.
(b) Two hundred fifty dollars for each day of violation.
(c) Three percent of the state equalized value of the
property.