Added on August 8, 2022  Sara Swanson

Public notice: Village of Manchester

VILLAGE OF MANCHESTER
NOTICE OF ADOPTION
ORDINANCE No. 310
Vacant Building Safety Ordinance

AN ORDINANACE OF THE VILLAGE OF MANCHESTER TO PROTECT GENERAL HEALTH, SAFETY AND WELFARE OF PERSONS AND PROPERTY IN THE VILLAGE BY REQUIRING THE REGISTRY AND MAINTENANCE OF VACANT OR ABANDONED STRUCTURES IN THE BUILDING BY AUTHORITY GRANTED UNDER P.A. 3 OF 1895, AS AMENDED.

THE VILLAGE OF MANCHESTER, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:

Section 1. Addition to Village Code.    This Ordinance shall be known and may be cited as the Village of Manchester Vacant Buildings Safety Ordinance.  The provisions of this Ordinance are added and incorporated into the Village Code as new Chapter 98, Vacant Residential, Commercial and Industrial Properties as follows: 

CHAPTER 98. VACANT RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIESSec. 98-1. Purpose.

The purpose of this chapter is to prevent the deterioration of Village neighborhoods and business districts by regulating vacant abandoned and foreclosed residential, commercial and industrial properties to ensure that such properties are in compliance with all applicable state law and Village Code requirements including Sec. 98-18 as adopted by the Village. 

Sec. 98-2. Definitions.

As used in this chapter: 

Code compliance certificate means a certificate issued by the Village that the structure is in compliance with all applicable state law and Village Code requirements, including Sc. 98-18. 

Owner means any person or entity with legal or equitable ownership or possessory interest in any residential, commercial or industrial structure. The owner shall include, but not be limited to, a bank, credit union, trustee, financial institution or trust which is in possession (in whole or in part) of the real property while foreclosing a lien or mortgage interest in the affected property, but may or may not have legal or equitable title. 

Vacant property means a residential, commercial, or industrial structure that remains unoccupied for a period in excess of 30 days. Vacant property does not mean property that is temporarily unoccupied while the residents are away on vacation, or while away tending to personal or business matters. Property which is unoccupied in excess of 30 days and offered for sale or lease constitutes vacant property and is not exempt from the requirements of this chapter.  For properties that are more than one (1) story, an unoccupied street level story constitutes a vacant building. Additionally, a structure is considered vacant if a lawful business that was once open for regular business hours (with the exception of holidays and seasonal businesses) ceases operation for more than thirty (30) days. A lawful business means the current use of the structure for which the structure was built for or intended to be used for.Sec. 98-3. Scope.

The provisions of this chapter shall apply to all existing residential, commercial or industrial structures. This chapter does not relieve any person or owner from compliance with all other Village ordinances, the State Construction Code, and all other laws, rules and regulations. 

Sec. 98-4. Evidence of vacant property.

Evidence of vacancy shall include 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; boarded up windows; abandoned vehicles, auto parts or materials; the absence of or continually drawn window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with habitation or occupancy; statements by neighbors, delivery agents or utility agents, including Village employees, that the property is vacant. 

Sec. 98-5. Registry of vacant properties.

There is hereby created in the Village office a registry for vacant residential, commercial and industrial structures. 

Sec. 98-6. Vacant properties to be registered and inspected every six (6) months.

Owners of real property are required to register all vacant residential, commercial and industrial properties within 30 days of the vacancy and to reregister the properties every six (6) months thereafter. Residential, commercial and industrial owners of single family and duplex structures that are vacant at the time of the enactment of this chapter must register within 30 days.  

Owners of real property shall also have all vacant residential, commercial and industrial properties within 30 days of the vacancy and to reregister the properties every six (6) months thereafter

Sec. 98-7. Owner's registration form; content.

Owners who are required to register their properties pursuant to this chapter shall submit a completed vacant property registration form, as provided by the Village office containing the following information: 

(1) The name of the owner of the property. 

(2) A mailing address where mail may be sent that will be acknowledged as received by the owner. If certified mail/return receipt requested is sent by the Village office to the address and the mail is returned marked "refused" or "unclaimed," then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement. If ordinary mail sent by the Village office to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement. 

(3) The name of an individual responsible for the care and control of the vacant property. Such individual may be the owner, if the owner is an individual, or may be someone other than the owner with whom he/she has contracted. 

(4) A current address, phone number, fax, and email address (if fax and email addresses are available) where communications may be sent that will be acknowledged as received by the owner or individual responsible for the care and control of the property. If certified mail/return receipt requested is sent to the address and the mail is returned marked "refused" or "unclaimed,", or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement. 

(5) Authorization to the Village staff or contracted personnel to access the exterior of the property for inspection purposes. 

(6) Verification that the utilities and the furnace are functioning. 

(7) Proof of property insurance coverage for vacant structure(s). 

Sec. 98-8. Registration and safety and blight inspection fee.

Registration and safety and blight inspection fees shall be set periodically by the Village Council to offset the cost of processing the form, conducting the safety and blight inspection and maintaining the records. In addition, if an owner fails to register, the owner shall be assessed the added cost of the Village's expense in having to determine ownership, which may include, but is not limited to title search and legal expenses. 

Sec. 98-9. Requirement to keep information current.

If at any time the information contained in the registration form is no longer valid, the property owner shall within ten days file a new registration form containing current information. There shall be no fee to update the current owner's information. 

Sec. 98-10. Requirement to maintain property insurance.

An owner of vacant residential, commercial, or industrial structure(s) shall maintain current property insurance on the vacant structure(s) against structural loss or damage including but not limited to fire damage. Upon request of the Village Vacant Building Safety Inspector, owners shall present valid proof of property insurance. Failure to present, upon request, valid property insurance, shall result in a suspension of the certificate of registration. 

Sec. 98-11. Inspections required.

Owners of residential, commercial and industrial structures who are required to file an owner's registration form under this chapter must immediately obtain and pay for a Village safety and blight inspection of the vacant property; and if applicable, obtain necessary permits for required repairs; make required repairs; obtain any follow-up inspections from the Village Vacant Safety Inspector thereafter to ensure the structure is safe, secure and maintained to the standards of Sec. 98-18 and water and sewer requirements set forth in chapters 50 through 54 of the Village code. The owner or the owner's agent shall certify by affidavit that all water, sewer, electrical, gas, HVAC, plumbing systems, roofing, structural systems, foundations, and drainage systems are sound, operational, or properly disconnected. The owner or the owner's agent shall also certify by affidavit that the property is in compliance with Sec. 98-18, and the water and sewer requirements set forth in chapters 50 through and 54 of the Village Code.

Reinspection shall occur within 60 days, unless otherwise stated, of the date of the inspection to ensure that any cited violations have been fixed. Failure to fix cited violations may result in the issuance of civil infraction citations or other enforcement action. A reinspection fee shall be charged for reinspection of the property after violations are cited.

Sec. 98-12. Building inspection; maintenance and security requirements.

Properties subject to this chapter shall be maintained and secured to comply with the requirements of Sec. 98-18. 

Pools, spas, and other water features shall be kept in working order or winterized to ensure that the water remains clear and free of pollutants and debris, or drained and kept dry and free of debris, and must comply with the requirements of Sec. 98-18. 

Vacant properties subject to this chapter 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). Broken windows must be repaired or replaced within 14 days (plywood, wood, or other materials for broken windows is not allowed – like replacement is required). 

Sec. 98-13. Open property; securing fee.

Property subject to this chapter is required to be closed and inaccessible to persons in the community at all times.  Property that is left open and/or accessible shall be subject to entry by the Village in order to ensure that the property has not become an attractive nuisance and to ensure that the property is locked and/or secured and in compliance with Sec. 98-18. The owner of property subject to this chapter which property is found open or unsecured shall be responsible for paying a securing fee as set by the Village Council to offset the cost incurred by the Village in contacting the owner or management company to secure the property. If the owner and/or management company cannot be contacted or does not secure the property within a reasonable time, the owner shall be responsible for paying the cost incurred by the Village in securing the property. 

Sec. 98-14. Reoccupation of vacant property; notification to Village.

Prior to reoccupation of property that is subject to this chapter, the owner shall notify the Village that the property being reoccupied or has been sold or rented, and to whom. 

Sec. 98-15. Fire damaged property.

If an occupied structure is damaged by fire, the owner has 30 days, unless otherwise extended by the Village Vacant Building Safety Inspector or his designee, from the date of the fire to apply for a permit to start construction or demolition. 

Failure to do so will result in the property being deemed vacant and subject to the requirements of this chapter.

Sec. 98-16. Unpaid fees; assessment.

All fees hereunder that remain unpaid after 14 days' written notice to the owner/management company may be assessed against the property as a lien and placed on the tax roll.

Sec. 98-17. Penalties; municipal civil infraction.

Except as otherwise provided, a violation of this chapter shall be a municipal civil infraction subject to prosecution and penalty under the Village Municipal Civil Infractions Ordinance. The requirements of this chapter are in addition to, and not in lieu of any other rights and remedies provided by law. Violation of this chapter shall be a municipal civil infraction and for the first offense subject to a minimum $200.00 fine and any of the penalties authorized under Section 600.8727 of the Michigan Compiled Laws and/or Section 600.8302 of the Michigan Compiled Laws. Second or subsequent offenses shall be subject to a minimum fine of $400.00 and any of the penalties authorized under Section 600.8727 of the Michigan Compiled Laws and/or Section 600.8302 of the Michigan Compiled Laws. Each day that a violation continues shall be considered a separate offense. 

Sec. 98-18. Inspection Standards.

Every vacant building shall conform to the standards of this chapter. Each and every owner of a vacant building shall cause his or her property to be inspected not less frequently than every six (6) months by the Village Vacant Safety Building Inspector or his designee. Each vacant building shall comply with the following: 

A. Sanitary Facilities.

1. All plumbing fixtures connected to an approved water system, sewage system, or natural gas utility system shall be installed in accordance with applicable codes and ordinances and maintained in sound condition and good repair.

1. All plumbing fixtures connected to an approved water system, sewage system, or natural gas system not installed or maintained in accordance with applicable codes and ordinances shall be removed and the service terminated and the pipes capped in the manner prescribed by the state construction code applicable codes and ordinances.

B. Electrical System.

1. Every existing outlet and fixture shall be properly maintained with wiring and service lines installed and maintained in accordance with the state electrical code and other applicable codes and ordinances. 

1. Outlets and fixtures not installed or maintained in accordance with the state electrical code and other applicable codes and ordinances shall be covered or removed and the service terminated in the manner prescribed by the state electrical code and other applicable codes and ordinances.

C. Safety from Fire.

1. No vacant building or premises on which a vacant building is located shall contain any space used for the storage of flammable liquids or any other materials that could constitute a safety or fire hazard.

1. Heating facilities or heating equipment in vacant buildings shall be removed or maintained in accordance with the state mechanical code and other applicable codes and ordinances and any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances.

D. All vacant buildings shall be properly weather-protected to prevent deterioration of the exterior and interior of the building. This weather protection shall be approved by the inspector and shall include all roof and wall assemblies.

E. All vacant buildings shall be closed to unauthorized entry according to the following standards:

1. All windows or similar openings shall be protected by intact glazing (glass). Boarded up windows with wood, plywood, or other material that is not window-like is allowed for only 14 days after a window is broken. After the 14 days is up, the window shall be replaced with a like-window that is similar to the broken window

1. Doors and service openings with thresholds located 10 feet or less above grade, a stairway, landing, ramp, porch, roof or similarly accessible area, shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt. Exterior doors, if openable, may be closed from the interior of the building by securing them to the doorframe using minimum one-and-one-quarter- inch-long sheetrock screws at six inches on center.

1. There shall be one operable door into each building and into each housing unit. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half-inch deadbolt or dead latch. All locks shall be kept locked. Boarded up doors with wood, plywood, or other material that is not door-like is not be allowed.

F. All debris, combustible materials, hazardous or noxious vegetation, litter and garbage shall be removed from vacant buildings and premises on which a vacant building is located and further accumulation of the same prevented. Further, each and every owner of any vacant building shall remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon property owned or occupied by such owner, or which may constitute a fire hazard or other menace to public health, safety and welfare.

G. All vacant buildings shall have plainly visible house numbers or address numbers as required by the Fire Code or other applicable law.

H. Structures shall be kept free from insect and rodent infestation by the owner of the property. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.

I. Structures shall be kept free of mold of any-like fungi.

Section 2. Severability.   The provisions of this Ordinance are hereby declared to be severable. If any section, paragraph, clause, sentence, word or provision of this Ordinance shall be held invalid or unenforceable for any reason, the invalidity of such section, paragraph, clause, sentence, word or provision shall not affect the remainder of this Ordinance which shall continue in full force and effect. 

Section 3. Repeal and Savings Clause. All other ordinances or sections of ordinances inconsistent with the provisions of this Ordinance are, to the extent of such inconsistency, hereby repealed.  The repeal provided herein shall not abrogate or effect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessment, litigation, or prosecution of any right established, occurring prior to the effective date hereof.

Section 4. Publication and Effective Date.  The Village Clerk shall cause this Ordinance, or a synopsis of this Ordinance, to be published in the manner required by law within 15 days after it has been duly adopted by the Village Council.  The effective date shall be 20 days after the date of passage.

Date of Adoption: 08/01/2022

Date of Publication: 08/10/2022

Effective Date: 08/30/2022