HOUSE BILL No. 6286 September 17, 2002, Introduced by Reps. Newell, Cassis, Toy, Ruth Johnson, Woronchak, Birkholz, Palmer, Voorhees, Vander Veen, Richardville, Ehardt, Cameron Brown, Meyer, Van Woerkom, Rocca, Caul, Pappageorge, DeRossett and Kooiman 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 con- demn 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 07067'02 a FDD 2 1 surrounding property and that meets any of the following 2 criteria: 3 (i) The property has been declared a public nuisance in 4 accordance with a local housing, building, plumbing, fire, or 5 other related code or ordinance. 6 (ii) The property is an attractive nuisance because of phys- 7 ical condition, use, or occupancy. A structure or lot is not 8 blighting property under this subparagraph because of an activity 9 that is inherent to the functioning of a lawful business. 10 (iii) The property is a fire hazard or is otherwise danger- 11 ous to the safety of persons or property. 12 (iv) The property has had the utilities, plumbing, heating, 13 or sewerage permanently disconnected, destroyed, removed, or 14 rendered ineffective so that the property is unfit for its 15 intended use. 16 (v) A portion of a building or structure located on the 17 property has been damaged by any event so that the structural 18 strength or stability of the building or structure is appreciably 19 less than it was before the event and does not meet the minimum 20 requirements of the housing law of Michigan, 1917 PA 167, 21 MCL 125.401 to 125.543, or a building code of the city, village, 22 or township in which the building or structure is located for a 23 new building or structure. 24 (vi) A building or structure or part of a building or struc- 25 ture located on the property is likely to fall, become detached 26 or dislodged, or collapse and injure persons or damage property. 07067'02 a 3 1 (vii) A building or structure located on the property used 2 or intended to be used as a dwelling, including the adjoining 3 grounds, because of dilapidation, decay, damage, or faulty con- 4 struction; accumulation of trash or debris; an infestation of 5 rodents or other vermin; or any other reason, is unsanitary or 6 unfit for human habitation, is in a condition that a local health 7 officer determines is likely to cause sickness or disease, or is 8 likely to injure the health, safety, or general welfare of people 9 living in the dwelling. 10 (c) "Blighting property" does not include any of the 11 following: 12 (i) Structures or lots, whether improved or unimproved, that 13 are inherent to the functioning of a farm or farm operation as 14 those terms are defined in section 2 of the Michigan right to 15 farm act, 1981 PA 93, MCL 286.472. 16 (ii) Structures or lots, whether improved or unimproved, 17 that are industrial properties in an area zoned industrial and 18 that are current on tax obligations. 19 (iii) Track belonging to a railroad company, right-of-way 20 belonging to a railroad company, rolling stock belonging to a 21 railroad company, or any other property necessarily used in oper- 22 ating a railroad in this state belonging to a railroad company. 23 (iv) A single family dwelling for which the owner claimsa24homesteadAN exemption under section 7cc of the general property 25 tax act, 1893 PA 206, MCL 211.7cc. 26 (d) "Dwelling" means any house, building, structure, tent, 27 shelter, trailer, or vehicle, or portion thereof, which is 07067'02 a 4 1 occupied in whole or in part as the home, residence, or living or 2 sleeping place of 1 or more human beings, either permanently or 3 transiently. Dwelling does not include railroad rolling stock on 4 tracks or rights-of-way. 5 (e) "Fire hazard" means that term as defined in section 1 of 6 the fire prevention code, 1941 PA 207, MCL 29.1. 7 (f) "Municipality" means a city, village, or township in 8 this state or a county described in section 3(1)(b). 9 (g) "Person" means an individual, partnership, association, 10 trust, or corporation, or any other legal entity. 11 (h) "Public nuisance" means an unreasonable interference 12 with a common right enjoyed by the general public involving con- 13 duct that significantly interferes, or that is known or should 14 have been known to significantly interfere, with the public's 15 health, safety, peace, comfort, or convenience, including conduct 16 prescribed by law. 17 (i) "Taxing jurisdiction" means a jurisdiction, including, 18 but not limited to, this state, an agency of this state, a state 19 authority, an intergovernmental authority of this state, a school 20 district, or a municipality, that levies taxes under the general 21 property tax act, 1893 PA 206, MCL 211.1 to 211.157. 22 Enacting section 1. This amendatory act does not take 23 effect unless Senate Bill No. _____ or House Bill No. 6283 24 (request no. 07067'02) of the 91st Legislature is enacted into 25 law. 07067'02 a Final page. FDD