HOUSE BILL NO. 6213

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 424 (MCL 280.424).

the people of the state of michigan enact:

Sec. 424. (1) Whenever If a disposal plant, filtration plant, or other mechanical device to purify the flow of such a drain or sewer has been heretofore constructed, but is inoperative or improperly operated and, in the opinion of the state commissioner of director of the department of health and human services, the public health is consequently endangered, by reason thereof, said state commissioner of health the director may file with the judge of probate circuit court of the county in which said the facilities are located , a petition reciting his or her findings and recommendations as to how the menace endangerment to health may should be corrected or the nuisance may best be abated and how the improperly operated or inoperative disposal plant, filtration plant, or other mechanical device to purify the flow of a drain or sewer should be repaired, maintained, and operated. Upon satisfying himself as to the reasonableness of said recommendations, it shall be the duty of the judge of probate of said county to Within 24 hours after the petition is filed, the director of the department of health and human services shall notify the senate and house of representatives in writing. If the circuit court finds that the recommendations of the director of the department of health and human services are reasonable, it shall direct the drain commissioner of said the county to prepare do the following:

(a) Prepare a plan for and estimate the annual cost of executing implementing the recommendations. of the state commissioner of health, and/or of rehabilitation, ordinary maintenance and operation of said improperly operated or inoperative facilities, to prepare

(b) Prepare a map showing the extent of the area contributing to said the condition as the tentative assessment district. , and to make a determination of

(c) Apportion the annual expense thereof apportioned of implementing the recommendations according to benefits to the state highways, cities, villages, and townships benefited. by the same.

(2) Upon receipt of the map, tentative assessment district, and other information from the county drain commissioner under subsection (1), the judge of probate circuit court shall give notice of said the facts and of the date of for receiving appeals. The notice shall be given by publication in at least 2 insertions in some twice in a newspaper published and of general circulation in the county, if there be is one. , the The first publication to shall be at least 10 days before the date set for receiving appeals. and said The notice shall also be posted at least 10 days before the date for receiving appeals in 5 or more conspicuous places in each city, village, and township , where any part of the district may be is located, and within the limits of such the district.

(3) The state highway commissioner The director of the state transportation department or any city, township, or village, which may feel if aggrieved by the apportionment of benefits so made by the drain commissioner, may make an application to said probate court for review of the apportionment by a board of review by filing with said probate file with the circuit court of the county in which the facilities are located a notice of appeal. Only 1 board of review shall be appointed by said court. Upon receipt of any such notices of appeal, as hereinbefore provided, the probate Upon receipt of a timely notice of appeal, the circuit court shall forthwith notify do the following:

(a) Notify the drain commissioner, in writing, of such the appeal. and thereupon make an order appointing

(b) Appoint 3 disinterested freeholders of such the county, not residents of said the district, to constitute such a board of review for all the appeals. The court shall thereupon, with

(c) With the concurrence of the drain commissioner, immediately fix the time and place when and where said for a meeting of the board of review shall meet to review said the apportionments. , which said time The date shall be not less than 10 nor or more than 15 days from after the date of filing such the appeal was filed.

(4) The drain commissioner shall thereupon give notice to the persons so appointed appointees of their appointment to the board of review and of the time and place of the meeting. and The drain commissioner shall give also serve notice of such the meeting by posting notices in at least 5 public places in each city, village and township forming a part of the drainage district and shall serve a like notice upon on the director of the state highway commissioner transportation department and each of said cities, villages and townships. Such city, village, or township where any part of the district is located. The service shall be made not less than 5 days before the hearing. Return shall be made by the person serving said notice and shall be filed in the office of the judge of probate. The person serving the notice shall file the return of service with the circuit court.

(5) At such the hearing, the board of review shall have the right and it shall be their duty to review all apportionments made by the drain commissioner. Persons appointed on said appointees to the board of review shall be sworn by the drain commissioner to faithfully discharge their duties as members of said the board. The board of review shall proceed at the time and place specified in the notice to then hear the proofs and allegations of all parties in respect to the matter of appeal. A review of apportionments shall be made by the The board of review shall review all apportionments and if, in their its judgment, there shall be is manifest error or inequality in such the apportionments, they it shall order and make such changes therein as they shall deem that it considers just and equitable. Determination

(6) The determination of the drain commissioner, if not appealed from, or of said the board of review, in case of an appeal, shall be is final. and there shall be no The only right of appeal from such the determination , except is by writ of certiorari to the proper court. The determination shall be reduced to writing and signed by the drain commissioner, or in case of appeal, by a majority of the board making the same, determination, and shall be delivered to the judge of probate circuit court together with all other papers relating thereto. Upon the apportionments becoming final, as hereinbefore set forth, the judge of probate related documents.

(7) When the apportionments become final, the circuit court shall deliver said the approved roll of apportionments of benefits and expense to the drain commissioner. , who The drain commissioner shall assess the amounts therein set forth in the roll to the respective cities, villages, and townships involved, and said benefited. The cities, villages, and townships shall thereafter make payment thereof as collected pay the amounts in quarterly installments to the county treasurer to be deposited in a separate fund for the rehabilitation, ordinary maintenance, and operation of said the facilities. , which said fund shall be paid out Payments from the fund shall be made only on the order of the drain commissioner of the county in which said the facilities are located.

(8) Payment for services and providing for substitute membership necessary on the board of review under this section shall be in accordance with the manner provided in sections 158 and 159, respectively, except that the circuit court shall perform the duties of the judge of probate in those sections. of this act. Such necessary Necessary costs of the proceeding shall be determined by the judge of probate, said cost to be circuit court, paid from the revolving fund of the county, and same to be returned to the county out of the first assessment against said the district. Immediately upon receipt of sufficient funds, so to do, the drain commissioner of the county shall proceed with the rehabilitation, ordinary maintenance, and operation of said the facilities , and shall continue the same these activities as long as funds are available. The costs and charges hereinbefore set forth shall be an annual charge and provided for in this subsection shall be assessed against the state highways and the several cities, villages, and townships benefited, by said the drain commissioner, each year as long as said the facility continues to be operated. , unless in the opinion of the drain commissioner, the state highway commissioner or of any of said cities, villages or townships, said apportionment should be changed, in which event either said drain commissioner,

(9) However, the director of the state highway commissioner, transportation department, or any of said the cities, villages, or townships, may petition the judge of probate circuit court of the county in which said proceedings were had the district is located for the appointment of a board of review to reapportion said the expense. , and on filing said petition said judge of probate shall proceed to The circuit court shall appoint a board of review on notice and in the manner hereinbefore set forth, provided for in this section. which said The board of review shall review such the assessments and make a new apportionment. : Provided, however, That no However, a reapportionment shall not be made oftener more often than once in each calendar year.

(10) The several cities, villages and townships A city, village, or township against whom which an assessment is made , as hereinbefore provided, under this section shall collect for such expense so assessed to them under this act revenue to pay the assessment by charges for the use of said the facilities. , to be The charges shall be added to and collected with the water rates of said cities, villages and townships, the city, village, or township in the same manner as other water rates of said cities, villages and townships the city, village, or township are collected, or in such other manner as determined by the several governing bodies of said respective cities, villages and townships may determine.governing body of the city, village, or township.