October 12, 2005, Introduced by Reps. Hune, Gosselin and Drolet and referred to the Committee on Government Operations.
A bill to amend 1943 PA 183, entitled
"County zoning act,"
by amending section 24 (MCL 125.224), as amended by 1994 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
24. (1) A use of land or of a building
, or a
building
erected,
altered, razed, or converted in violation of a local
ordinance
or requirement adopted pursuant to this act county
zoning ordinance is a nuisance per se. The court shall order the
nuisance abated and the owner or agent in charge of the building or
land
is liable for maintaining a nuisance per se. The county board
of
commissioners of a county shall in the ordinance enacted
pursuant
to this act
(2) A county zoning ordinance shall designate the proper
official or officials who shall administer and enforce the
ordinance. and
(3) A county zoning ordinance shall do either of the following
for each violation of the ordinance:
(a) Provide a penalty for the violation.
(b) Designate the violation as a municipal civil infraction
and provide a civil fine for the violation.
(4) For the purposes of subsection (3), a person is not liable
for a violation of a zoning ordinance occurring before the thirty-
first day after the person receives written notice of the violation
from an official enforcing the zoning ordinance. The notice shall
specifically describe the violation and inform the person of the
30-day grace period provided by this subsection. The notice shall
be delivered in person or by registered mail, return receipt
requested.
(5) The fine for a violation of a zoning ordinance shall not
exceed the lesser of the following:
(a) Five hundred dollars. This subdivision applies only to a
criminal fine.
(b) Two hundred fifty dollars for each day of violation.
(c) Three percent of the state equalized value of the
property.
(6) (2)
The county board may require the payment of
reasonable fees for zoning permits as a condition for permission to
use, erect, alter, or locate structures within a zoning district.