HOUSE BILL No. 5296

 

October 12, 2005, Introduced by Reps. Hune, Gosselin and Drolet and referred to the Committee on Government Operations.

 

     A bill to amend 1943 PA 184, entitled

 

"Township zoning act,"

 

by amending section 24 (MCL 125.294),  as amended by 1994 PA 24.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 24. (1) A use of land, or a dwelling, building, or

 

structure including a tent or trailer coach, used, erected,

 

altered, razed, or converted in violation of a  local ordinance or

 

regulation adopted pursuant to this act  township zoning ordinance

 

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, trailer coach, or land is liable for maintaining a nuisance

 

per se.  The township board shall in the ordinance enacted under

 

this act

 


     (2) A township zoning ordinance shall designate the proper

 

official or officials who shall administer and enforce that

 

ordinance.  and

 

     (3) A township zoning ordinance shall do either of the

 

following for each violation of the 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.

 

     (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.