SENATE BILL NO. 398
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 30111d.
the people of the state of michigan enact:
Sec. 30111d. (1) The director of the department may issue a written emergency order that requires the owner of a structure or fill located on bottomlands to immediately repair or remove the structure or fill, or take any other action that the director of the department determines necessary, if the structure or fill is in imminent danger of failure or is causing or threatening to cause significant harm to public health, safety, welfare, property, or natural resources or the public trust in natural resources. If an owner fails to comply with an order, or is unavailable or unable to be contacted, the department may take the action necessary and may recover the costs incurred from the owner in a civil action in a court of competent jurisdiction. The director of the department may modify an emergency order. The director of the department may terminate an emergency order upon a determination in writing that all necessary emergency actions have been completed and that an emergency no longer exists.
(2) Within 15 days after the director of the department issues an emergency order under subsection (1), the department shall provide the owner with an opportunity for a hearing pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. At the hearing, the director of the department shall determine, based on information and fact, if the emergency order must be continued, modified, suspended, or terminated as necessary for or consistent with the protection of public health, safety, welfare, property, or natural resources or the public trust in natural resources.