House Introduced Bill 5678

HOUSE BILL No. 5678


     February 19, 2002, Introduced by Rep. DeWeese and referred to the Committee on Land Use and Environment.


        A bill to amend 1917 PA 167, entitled

   "Housing law of Michigan,"

   by amending section 134 (MCL 125.534).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 134.  (1) If the owner or occupant fails to comply with

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        the order contained in the notice of violation, the enforcing

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        agency may bring an action to enforce  the provisions of  this

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        act and to abate or enjoin the violation.

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             (2) An owner or occupant of the premises upon which  any  A

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        violation exists may bring an action to enforce  the provisions

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        of  this act in his OR HER own name.  Upon application by the

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        enforcing agency, or upon motion of the party filing the com-

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        plaint, the local enforcing agency may be substituted for, or

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        joined with, the complainant in the discretion of the court.




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             (3)  When  IF the violation is uncorrected and creates an

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        imminent danger to the health and safety of the occupants of the

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        premises, or if there are  not any  NO occupants and the viola-

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        tion creates  in  AN imminent danger to the health and safety of

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        the public, the enforcing agency shall file a motion for a pre-

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        liminary injunction or other temporary relief appropriate to

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        remove the danger during the pendency of the action.

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             (4) Owners and lienholders of record or  who are found

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        OWNERS AND LIENHOLDERS ASCERTAINED by the complainant  upon  WITH

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        the exercise of reasonable diligence shall be served with a copy

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        of the complaint and a summons.  The complainant shall also file

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        a notice of the pendency of the action  in the office of the

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        WITH THE APPROPRIATE COUNTY register of deeds  for the county in

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        which  OFFICE WHERE the premises are located.

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             (5) The court  , having obtained  OF jurisdiction  ,  shall

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        make  such  orders and determinations  as are  consistent with

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        the objectives of this act.  The court may enjoin the maintenance

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        of  any  unsafe, unhealthy, or unsanitary  condition  CONDITIONS,

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        or  any  violations of this act, and may order the defendant to

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        make repairs or corrections necessary to abate the conditions.

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        The court may authorize the enforcing agency to  make repairs

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        REPAIR or to remove the BUILDING OR structure.   When  IF an

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        occupant is not the cause of  any  AN unsafe, unhealthy, or

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        unsanitary condition, or  any  A violation of this act, and is

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        the complainant, the court may authorize the occupant to correct

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        the violation and deduct the cost  thereof  from the rent upon

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         such  terms  as  the court determines  to be 
    just.   Whenever



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        IF the court  shall find  FINDS that the occupant is the cause of

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         any  AN unsafe, unhealthy, or unsanitary condition, or  any  A

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        violation of this act, then the court may authorize the owner to

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        correct the violation and assess the cost  thereof  against the

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        occupant or  his  THE OCCUPANT'S security deposit.

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             (6)  No  A building OR STRUCTURE shall NOT be removed unless

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        the cost of repair of the building OR STRUCTURE will be greater

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        than the state equalized value of the building OR STRUCTURE

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        EXCEPT IN URBAN CORE CITIES THAT HAVE ADOPTED STRICTER STANDARDS

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        TO EXPEDITE THE REHABILITATION OR REMOVAL OF A BOARDED OR ABAN-

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        DONED BUILDING OR STRUCTURE THAT REMAINS EITHER VACANT OR

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        BOARDED, OR BOTH, AND A SIGNIFICANT ATTEMPT HAS NOT BEEN MADE TO

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        REHABILITATE THE BUILDING OR STRUCTURE FOR A PERIOD OF 24 CONSEC-

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        UTIVE MONTHS.

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             (7)  When  IF the  expenses  EXPENSE of repair or removal

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         are  IS not  otherwise  provided for, the court may enter an

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        order approving the  expenses  EXPENSE and  providing that there

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        shall be  PLACING a lien on the real property for the payment

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         thereof  OF THE EXPENSE.  The order may establish AND PROVIDE

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        FOR the priority of the lien  and may provide that it shall be a

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        lien  AS A senior  to all other liens  LIEN, except 
    taxes and

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        assessments;  AS TO TAX AND ASSESSMENT LIENS, AND except  that

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        AS TO a RECORDED mortgage of  record having a recording date

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        FIRST PRIORITY, RECORDED prior to all other liens of record

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         shall retain its first priority  if, at the time of recording of

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        that mortgage or at  any  A time subsequent,  thereto,  a

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        certificate of compliance as provided for in this  article  ACT



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        is in effect on the subject property.  The order may also specify

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        the time and manner for foreclosure of the lien if THE LIEN IS

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        not satisfied.  A true copy of the order shall be filed  in the

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        office of  WITH the APPROPRIATE COUNTY register of deeds  for the

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        county  OFFICE where the real property is located within 10 days

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        after entry  thereof in  OF THE order to perfect the lien granted

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        in the order.

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             (8) This act does not preempt, preclude, or interfere with

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        the authority of a municipality to protect the health, safety,

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        and general welfare of the public through ordinance, charter, or

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        other means.

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             (9) AS USED IN THIS SECTION, "URBAN CORE CITIES" MEANS QUAL-

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        IFIED LOCAL GOVERNMENTAL UNITS AS THAT TERM IS DEFINED IN

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        SECTION 2 OF THE OBSOLETE PROPERTY REHABILITATION ACT, 2000

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        PA 146, MCL 125.2782.



























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