October 22, 2014, Introduced by Senator WALKER and referred to the Committee on Energy and Technology.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 407 (MCL 125.3407), as amended by 2008 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 407. (1) Except as otherwise provided by law, a use of
land or a dwelling, building, or structure, including a tent or
recreational vehicle, used, erected, altered, razed, or converted
in violation of a zoning ordinance or regulation adopted under this
act is a nuisance per se. The court shall order the nuisance
abated, and the owner or agent in charge of the dwelling, building,
structure, tent, recreational vehicle, or land is liable for
maintaining a nuisance per se.
(2) An action for nuisance for a violation of a zoning
ordinance by a wind energy system is subject to section 2941a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2941a.
(3)
The legislative body, shall
in the a zoning ordinance
enacted
adopted under this act, shall designate the proper
official
or
officials who shall responsible
to administer and enforce the
zoning ordinance and shall do 1 of the following for each violation
of the zoning ordinance:
(a) Impose a penalty for the violation.
(b) Designate the violation as a municipal civil infraction
and impose a civil fine for the violation.
(c) Designate the violation as a blight violation and impose a
civil fine or other sanction authorized by law. This subdivision
applies only to a city that establishes an administrative hearings
bureau pursuant to section 4q of the home rule city act, 1909 PA
279, MCL 117.4q.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.1124
of the 97th Legislature is enacted into law.