February 11, 2003, Introduced by Reps. Stakoe, Brandenburg, Ward, Stahl, Nofs and Hune and referred to the Committee on Tax Policy.
A bill to amend 2002 PA 27, entitled
"An act to establish procedures for municipalities to designate
individual lots or structures as blighting; to purchase or
condemn blighting property; to transfer blighting property for
development; and to repeal acts and parts of acts,"
by amending section 2 (MCL 125.2802).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Attractive nuisance" means a condition on property that
3 children are reasonably likely to come in contact with or be
4 exposed to and that involves an unreasonable risk of death or
5 serious bodily harm to children.
6 (b) "Blighting property", subject to subdivision (c), means
7 property that is likely to have a negative financial impact on
8 the value of surrounding property or on the increase in value of
9 surrounding property and that meets any of the following
10 criteria:
1 (i) The property has been declared a public nuisance in
2 accordance with a local housing, building, plumbing, fire, or
3 other related code or ordinance.
4 (ii) The property is an attractive nuisance because of
5 physical condition, use, or occupancy. A structure or lot is not
6 blighting property under this subparagraph because of an activity
7 that is inherent to the functioning of a lawful business.
8 (iii) The property is a fire hazard or is otherwise dangerous
9 to the safety of persons or property.
10 (iv) The property has had the utilities, plumbing, heating,
11 or sewerage permanently disconnected, destroyed, removed, or
12 rendered ineffective so that the property is unfit for its
13 intended use.
14 (v) A portion of a building or structure located on the
15 property has been damaged by any event so that the structural
16 strength or stability of the building or structure is appreciably
17 less than it was before the event and does not meet the minimum
18 requirements of the housing law of Michigan, 1917 PA 167,
19 MCL 125.401 to 125.543, or a building code of the city, village,
20 or township in which the building or structure is located for a
21 new building or structure.
22 (vi) A building or structure or part of a building or
23 structure located on the property is likely to fall, become
24 detached or dislodged, or collapse and injure persons or damage
25 property.
26 (vii) A building or structure located on the property used or
27 intended to be used as a dwelling, including the adjoining
1 grounds, because of dilapidation, decay, damage, or faulty
2 construction; accumulation of trash or debris; an infestation of
3 rodents or other vermin; or any other reason, is unsanitary or
4 unfit for human habitation, is in a condition that a local health
5 officer determines is likely to cause sickness or disease, or is
6 likely to injure the health, safety, or general welfare of people
7 living in the dwelling.
8 (c) "Blighting property" does not include any of the
9 following:
10 (i) Structures or lots, whether improved or unimproved, that
11 are inherent to the functioning of a farm or farm operation as
12 those terms are defined in section 2 of the Michigan right to
13 farm act, 1981 PA 93, MCL 286.472.
14 (ii) Structures or lots, whether improved or unimproved, that
15 are industrial properties in an area zoned industrial and that
16 are current on tax obligations.
17 (iii) Track belonging to a railroad company, right-of-way
18 belonging to a railroad company, rolling stock belonging to a
19 railroad company, or any other property necessarily used in
20 operating a railroad in this state belonging to a railroad
21 company.
22 (iv) A single family dwelling for which the owner claims a
23 homestead an exemption under section 7cc of the general
property
24 tax act, 1893 PA 206, MCL 211.7cc.
25 (d) "Dwelling" means any house, building, structure, tent,
26 shelter, trailer, or vehicle, or portion thereof, which is
27 occupied in whole or in part as the home, residence, or living or
1 sleeping place of 1 or more human beings, either permanently or
2 transiently. Dwelling does not include railroad rolling stock on
3 tracks or rights-of-way.
4 (e) "Fire hazard" means that term as defined in section 1 of
5 the fire prevention code, 1941 PA 207, MCL 29.1.
6 (f) "Municipality" means a city, village, or township in this
7 state or a county described in section 3(1)(b).
8 (g) "Person" means an individual, partnership, association,
9 trust, or corporation, or any other legal entity.
10 (h) "Public nuisance" means an unreasonable interference with
11 a common right enjoyed by the general public involving conduct
12 that significantly interferes, or that is known or should have
13 been known to significantly interfere, with the public's health,
14 safety, peace, comfort, or convenience, including conduct
15 prescribed by law.
16 (i) "Taxing jurisdiction" means a jurisdiction, including,
17 but not limited to, this state, an agency of this state, a state
18 authority, an intergovernmental authority of this state, a school
19 district, or a municipality, that levies taxes under the general
20 property tax act, 1893 PA 206, MCL 211.1 to 211.157.
21 Enacting section 1. This amendatory act does not take
22 effect unless Senate Bill No. _____ or House Bill No. 4189
23 (request no. 01070'03) of the 92nd Legislature is enacted into
24 law.