CHARTER TOWNSHIP OF FLINT
ORDINANCE NO. 528-02
ABANDONED RESIDENTIAL PROPERTY REGISTRATION
ADOPTED: September 9, 2008
EFFECTIVE: ________________
CHARTER OF FLINT
TOWNSHIP ORDAINS:
Section 1 Purpose.
It is the purpose and intent of the Board of the Charter Township of Flint, through the adoption of this ordinance, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
Section 2 Definitions.
For the purposes of this ordinance, certain words and phrases are defined as follows:
A. “Abandoned residential structure” means a residential structure that has been vacant for 30 days and meets any of the following criteria:
(a) Provides a location for loitering, vagrancy, unauthorized entry or other criminal activity;
(b) Has one or more boarded windows;
(c) Has taxes in arrears for a period of time exceeding 365 days;
(d) Has utilities disconnected or not in use;
(e) Is not maintained in compliance with this Code.
B. “Accessible property” means a property that is accessible through a compromised/breached gate, fence, wall, etc.
C. “Accessible structure” means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
D. “Dangerous building” means any building/structure that is in violation of any condition referenced in Charter Township of Flint Ordinance Numbers 528 and 528-01.
E. “Days” means consecutive calendar days.
F. “Evidence of vacancy” means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
G. “Local” means within 40 road/driving miles distance of the subject property.
H. “Neighborhood standard” means those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority.
I. “Out of area” means in excess of 40 road/driving miles distance of the subject property.
J. “Owner” means any person with a legal or equitable ownership interest in the structure.
K. “Property” means any unimproved or improved real property, or portion thereof, situated in the Township and includes the buildings or structures located on the property regardless of condition.
L. “Residential building” means any improved real property, or portion thereof, situated in the Township, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use.
M. “Securing” means such measures as may be directed by the Flint Township Building Department that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings.
N. “Vacant” means a building/structure that is not legally occupied.
If the property is found to be an abandoned residential structure or shows evidence of vacancy, it is, by this ordinance, deemed abandoned and the owner shall, within 10 days, register the property with the Flint Township Building Department on forms provided by the Township.
An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due. Registration fees will not be prorated.
Properties subject to this ordinance shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain an abandoned residential structure.
Any person, firm or corporation that has registered a property under this ordinance must report any change of information contained in the registration to the Flint Township Building Department within 10 days of the change.
Properties subject to this section shall be, kept in compliance with the International Property Maintenance Code and all other applicable township ordinances.
Adherence to this section does not relieve the owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations that may apply to the property.
Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
Secure manner includes but is not limited to the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means temporary boarding, with the reglazing of the window within a reasonable amount of time.
If the property is owned by a corporation and/or out-of-area owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this ordinance.
In addition to the enforcement remedies established in Charter Township of Flint Ordinance Numbers 528 and 528-01, the Flint Township Building Department shall have the authority to require the owner of any property affected by this section to implement additional maintenance and/or security measures including but not limited to securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property.
All fees applicable to this ordinance shall be set by resolution of the Township Board.
A violation of this Ordinance is hereby designated
a municipal civil infraction and a fine in an amount not to exceed $500.00 plus
costs shall be paid by a defendant who is found responsible for each such
violation. Violators will also be subject to sanctions, remedies
and procedures as set forth in Ordinance 7006 and Act 236 of the Public Acts of
1961, as amended.
If the civil fine is paid at the Township’s Municipal Violation Bureau pursuant to a municipal ordinance violation notice the fine shall be $100.00. No costs shall be imposed or collected at the Violation Bureau for this violation.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
This Ordinance shall become effective upon the date of its publication following passage.
YEAS: __Carlton, Courts, Wright, Kasle and Powell__
NEAS: ___Parker______
STATE OF MICHIGAN )
)
COUNTY OF GENESEE )
I, the undersigned, the duly qualified and acting Clerk of Flint Charter Township, Genesee County, Michigan, DO HEREBY CERTIFY that the foregoing is a true and complete copy of an Ordinance adopted at a regular meeting of the Township Board on the 8th day of September, 2008, and that such Ordinance was duly published in the Flint Journal on the 14th day of September, 2008
_________________________
Kim Courts, Township Clerk