§ 14-258. Hearing.

(a)

Under this article, the hearing shall be conducted as provided in this section and with due recognition of the constitutional requirements of a fair hearing.

(b)

The hearing officer shall take testimony of the enforcing agency, the owner of the property, and any interested party. Not more than five days after completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe, or properly maintained.

(c)

If the hearing officer determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the hearing officer shall so order, fixing a time in the order for the owner, agent, or lessee to comply with the order. If the building is a dangerous building under subsection 14-251(10), the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building, including but not limited to the maintenance of lawns, trees, and shrubs.

(d)

If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order issued under subsection (c) of this section, the hearing officer shall file a report of the findings and a copy of the order with the city council not more than five days after noncompliance by the owner and request that necessary action be taken to enforce the order. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in section 14-256.

(e)

The city council shall fix a date not less than 30 days after the hearing described in section 14-256 for a hearing on the findings and order of the hearing officer and shall give notice to the owner, agent or lessee in the manner prescribed in section 14-256 of the time and place of the hearing. At the hearing the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced. The city council shall either approve, disapprove or modify the order. If the city council approves or modifies the order, the city council shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this subsection. If the order is for demolition, and the city council determines that the building or structure has been substantially destroyed by fire, wind, flood or other natural disaster and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this subsection.

(f)

The cost of the demolition of making the building safe or of maintaining the exterior or structure or grounds adjoining the building or structure incurred by the city to bring the property into conformance with this article shall be reimbursed to the city by the owner or party in interest in whose name the property appears.

(g)

The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of the cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure by first class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing the notice of the amount of the cost, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this article. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this subsection does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act (MCL 7.1 et seq.).

(h)

In addition to other remedies under this article, the city may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. The city shall have a lien on the property for the amount of a judgment obtained pursuant to this section. The lien provided for in this section shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over prior filed or recorded liens and encumbrances.

(1)

A judgment in an action brought pursuant to this subsection may be enforced against assets of the owner other than the building or structure.

(2)

The city shall have a lien for the amount of a judgment obtained pursuant to this subsection against the owner's interest in all real property located in the state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this section does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances.

(Code 1991, art. V, ch. 15, § 105; Ord. No. 96-311, pt. IV, 7-1-1996)

State law reference

Similar provisions, MCL 125.541, 125.541a.