September 21, 2005, Introduced by Reps. Tobocman, Kathleen Law, Hopgood, Bieda, Clemente, Kolb, Lipsey, Murphy, Cheeks and Lemmons, III and referred to the Committee on Local Government and Urban 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 condemn
blighting property; to transfer blighting property for development;
and to repeal acts and parts of acts,"
by amending sections 2 and 4 (MCL 125.2802 and 125.2804), section 2
as amended by 2003 PA 129.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Attractive nuisance" means a condition on property that
children are reasonably likely to come in contact with or be
exposed to and that involves an unreasonable risk of death or
serious bodily harm to children.
(b) "Blighting property", subject to subdivision (c), means
property that is likely to have a negative financial impact on the
value of surrounding property or on the increase in value of
surrounding property and that meets any of the following criteria:
(i) The property has been declared a public nuisance in
accordance with a local housing, building, plumbing, fire, or other
related code or ordinance.
(ii) The property is an attractive nuisance because of physical
condition, use, or occupancy. A structure or lot is not blighting
property under this subparagraph because of an activity that is
inherent to the functioning of a lawful business.
(iii) The property is a fire hazard or is otherwise dangerous to
the safety of persons or property.
(iv) The property has had the utilities, plumbing, heating, or
sewerage permanently disconnected, destroyed, removed, or rendered
ineffective so that the property is unfit for its intended use.
(v) A portion of a building or structure located on the
property has been damaged by any event so that the structural
strength or stability of the building or structure is appreciably
less than it was before the event and does not meet the minimum
requirements of the housing law of Michigan, 1917 PA 167, MCL
125.401 to 125.543, or a building code of the city, village, or
township in which the building or structure is located for a new
building or structure.
(vi) A building or structure or part of a building or structure
located on the property is likely to fall, become detached or
dislodged, or collapse and injure persons or damage property.
(vii) A building or structure located on the property used or
intended to be used as a dwelling or for industrial use, including
the adjoining grounds, because of dilapidation, decay, damage, or
faulty construction; accumulation of trash or debris; an
infestation of rodents or other vermin; or any other reason, is
unsanitary or unfit for human habitation, is in a condition that a
local health officer determines is likely to cause sickness or
disease, or is likely to injure the health, safety, or general
welfare of people living in the dwelling.
(c) "Blighting property" does not include any of the
following:
(i) Structures or lots, whether improved or unimproved, that
are inherent to the functioning of a farm or farm operation as
those terms are defined in section 2 of the Michigan right to farm
act, 1981 PA 93, MCL 286.472.
(ii) Structures or lots, whether improved or
unimproved, that
are
industrial properties in an area zoned industrial and that are
current
on tax obligations.
(ii) (iii) Track
belonging to a railroad company, right-of-way
belonging to a railroad company, rolling stock belonging to a
railroad company, or any other property necessarily used in
operating a railroad in this state belonging to a railroad company.
(iii) (iv) A
single family dwelling for which the owner claims
an exemption under section 7cc of the general property tax act,
1893 PA 206, MCL 211.7cc.
(d) "Dwelling" means any house, building, structure, tent,
shelter, trailer, or vehicle, or portion thereof, which is occupied
in whole or in part as the home, residence, or living or sleeping
place of 1 or more human beings, either permanently or transiently.
Dwelling does not include railroad rolling stock on tracks or
rights-of-way.
(e) "Fire hazard" means that term as defined in section 1 of
the fire prevention code, 1941 PA 207, MCL 29.1.
(f) "Municipality" means a city, village, or township in this
state or a county described in section 3(1)(b).
(g) "Person" means an individual, partnership, association,
trust, or corporation, or any other legal entity.
(h) "Public nuisance" means an unreasonable interference with
a common right enjoyed by the general public involving conduct that
significantly interferes, or that is known or should have been
known to significantly interfere, with the public's health, safety,
peace, comfort, or convenience, including conduct prescribed by
law.
(i) "Taxing jurisdiction" means a jurisdiction, including, but
not limited to, this state, an agency of this state, a state
authority, an intergovernmental authority of this state, a school
district, or a municipality, that levies taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.157.
Sec. 4. (1) A municipality that proposes to designate a
property as blighting property under section 3 shall hold a hearing
on the designation. The hearing shall take place not less than 42
days, and not more than 119 days, after the municipality provides
written notice of the hearing and the proposed designation as
required by this section. A municipality may hold the hearing more
than 119 days after it provides written notice only if an extension
is requested by a person with a legal interest in the property that
is contesting the blighting designation.
(2) The written notice provided under this section shall
explain, in plain English, that the property is subject to
designation as blighting property, and shall include all of the
following:
(a) The time, date, and location of the hearing.
(b) A description, including the street address, of the
property subject to designation as blighting property.
(c) An explanation of the reasons the municipality considers
the property to be blighting property.
(d) The name, address, and telephone number of the person to
whom communications about the hearing may be addressed.
(e) Names, addresses, and telephone numbers of public and
private agencies or other resources that may be available to assist
an occupant of the property to avoid the designation of the
property as blighting property or, if the property is a dwelling,
to obtain comparable safe, decent, and quality affordable housing.
(f) A description of the improvements that should be made to
the property before the hearing to avoid designation of the
property as blighting.
(3) The municipality shall perform a thorough title search to
identify all persons with a legal interest in the property. The
municipality shall take the following steps to provide notice to
any person with a legal interest in the property:
(a) Determine the address reasonably calculated to apprise
those persons with a legal interest in the property of the pendency
of the hearing under this section and send notice of the hearing to
each person with a legal interest in the property by certified
mail, return receipt requested, not less than 42 days before the
hearing.
(b) Send a representative to the property to ascertain
personally whether or not the property is occupied. If the property
appears to be occupied, the municipality shall do all of the
following not less than 42 days before the hearing:
(i) Make reasonable efforts in good faith personally to serve
upon a person occupying the property a copy of the written notice
described in subsection (2).
(ii) If a person occupying the property is personally served,
orally inform the occupant of both of the following:
(A) That the property may be designated as blighting property.
(B) Public and private agencies or other resources that may be
available to assist the occupant to avoid the designation of the
property as blighting property or, if the property is a dwelling,
to obtain comparable safe, decent, and quality affordable housing.
(iii) If the property is a dwelling and the occupant indicates
that he or she has a health problem that affects his or her ability
to make improvements that will cause the property no longer to meet
the definition of blighting property or if it should be apparent to
the representative of the municipality that the occupant has such a
health problem, place the occupant with an appropriate public or
private agency to assist the occupant to avoid the designation of
the property as blighting property.
(iv) If the occupant appears to lack the ability to understand
the advice given or is unwilling to cooperate, provide the occupant
with the names and telephone numbers of public and private agencies
that may be able to assist the occupant.
(v) If an authorized representative of the municipality is not
able personally to meet with the occupant, place the written notice
at a conspicuous location on the property.
(c) Correct any deficiency that the municipality may know of
in the provision of the notice required by this section as soon as
practicable before designating the property as blighting property.
(d) If the municipality is unable to ascertain the address
reasonably calculated to apprise all persons with a legal interest
in the property of the pendency of the hearing, or is unable to
deliver notice to any occupant of the property, service of the
notice shall be made by publication. The notice shall be published
for 3 successive weeks, once each week, in a newspaper published
and circulated in the county in which the property is located, if
there is one. If no paper is published in that county, publication
shall be made in a newspaper published and circulated in an
adjoining county.
(4) Any notice provided under this section shall include an
explanation of any tax benefits or other incentives offered by the
municipality that may encourage the transfer of the blighting
property.
Enacting section 1. This amendatory act takes effect January
1, 2006.