HOUSE BILL No. 4325 February 13, 1997, Introduced by Reps. LaForge, Mans, Martinez, Willard, Leland and Callahan and referred to the Committee on Urban Policy and Economic Development. A bill to provide for the regulation of certain vacant buildings; to authorize certain local ordinances; to prescribe powers and duties of certain state and local agencies; and to provide remedies and prescribe penalties. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. For purposes of this act: 2 (a) "Local governmental unit" means a county, city, town- 3 ship, or village. 4 (b) "Municipal civil infraction" means that term as defined 5 in section 113 of the revised judicature act of 1961, 1961 6 PA 236, MCL 600.113. 7 (c) "Person" means an individual, partnership, corporation, 8 limited liability corporation, association, or other legal 9 entity. Person does not include a governmental entity. 00847'97 TLG 2 1 (d) "State civil infraction" means that term as defined in 2 section 113 of the revised judicature act of 1961, 1961 PA 236, 3 MCL 600.113. 4 Sec. 2. (1) A local governmental unit may by ordinance 5 require that a person who owns a building that is located within 6 the boundaries of the local governmental unit and that is vacant 7 for more than 12 consecutive months shall obtain a permit from 8 the local governmental unit for each such vacant building until 9 the vacancy ceases or the building is sold, whichever occurs 10 first. 11 (2) An ordinance adopted under subsection (1) may require 12 that a person who obtains a permit under subsection (1) do 1 or 13 both of the following: 14 (a) Perform certain acts on or concerning the vacant build- 15 ing, the real property surrounding the vacant building, or both, 16 as conditions of the permit. 17 (b) Pay annually to the local governmental unit a fee that 18 reasonably reflects the cost to the local governmental unit of 19 public safety monitoring and community risk management arising 20 from the vacancy of the building. 21 (3) An ordinance adopted under subsection (1) may provide 22 that a person who violates the ordinance is responsible for a 23 municipal civil infraction and liable for a civil fine of 24 $1,000.00. 25 (4) Proceedings under this section shall be conducted under 26 chapter 87 of the revised judicature act of 1961, 1961 PA 236, 00847'97 3 1 MCL 600.8701 to 600.8735, and fines and costs collected under 2 this section shall be disbursed as provided by that chapter. 3 Sec. 3. (1) A person who owns a building that is vacant for 4 more than 12 consecutive months shall deposit with the treasurer 5 of the county in which the building is located a security deposit 6 equal to the sum that is 10% of the state equalized value of the 7 building. This security deposit shall be retained by the county 8 treasurer until the vacancy ceases, the building is sold, or the 9 deposit is disbursed upon execution of judgment against the owner 10 of the property awarded for an injury arising from the failure to 11 maintain the property, whichever occurs first. If the building 12 is sold or its vacancy ceases, the deposit or what remains of the 13 deposit shall be returned to the depositor. This subsection does 14 not apply if the vacant building is located within the boundaries 15 of a local governmental unit that has adopted an ordinance under 16 section 2. 17 (2) A person who violates subsection (1) is responsible for 18 a state civil infraction and is liable for a civil fine of 19 $1,000.00 for each violation. 20 (3) Proceedings under this section shall be conducted under 21 chapter 88 of the revised judicature act of 1961, 1961 PA 236, 22 MCL 600.8801 to 600.8835, and fines and costs collected under 23 this section shall be disbursed as provided by that chapter. 00847'97 Final page. TLG