December 12, 2013, Introduced by Reps. Callton, Schor, Singh, LaVoy, Durhal, Segal, Cavanagh, Knezek, Haines and Darany and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2455 (MCL 333.2455).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2455. (1) A local health department or the department may
issue an order to avoid, correct, or remove, at the owner's
expense,
a building or condition which that
violates health laws or
which
that the local health officer or director reasonably
believes
to be a nuisance, unsanitary condition, infestation, or cause of
illness.
(2) If the owner or occupant does not comply with the order
issued under subsection (1), the local health department or
department may cause the violation, nuisance, unsanitary condition,
infestation, or cause of illness to be removed and may seek a
warrant for this purpose. The owner of the premises shall pay the
expenses incurred by the local health department or department
under this subsection.
(3) If the owner of the premises refuses on demand to pay
expenses incurred by the local health department or department
under
subsection (2), the sums amount of the expenses paid shall be
assessed against the property and shall be collected and treated in
the same manner as taxes assessed under the general laws of this
state. An occupant or other person who caused or permitted the
violation, nuisance, unsanitary condition, infestation, or cause of
illness to exist is liable to the owner of the premises for the
amount
paid by the owner or assessed against the property, which
amount
shall be recoverable in an and
the owner may recover the
amount in a civil action.
(4) A court, upon a finding that a violation or nuisance may
be injurious to the public health, may order the removal,
abatement, or destruction of the violation or nuisance at the
expense of the defendant, under the direction of the local health
department where the violation or nuisance is found. The form of
the warrant to the sheriff or other law enforcement officer may be
varied accordingly.
(5) This section does not affect powers otherwise granted to
local governments.
(6) As used in this section:
(a) "Infestation" means the occurrence of a sustained
population of 1 or more pest species in an area or location in
numbers or quantities large enough to be harmful, threatening, or
obnoxious.
(b) "Pest" means a plant or animal detrimental to humans or
human concerns.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5199 (request no.
02341'13).
(b) Senate Bill No.____ or House Bill No. 5201 (request no.
03143'13).