HOUSE BILL No. 5964

 

April 9, 2008, Introduced by Rep. Young and referred to the Committee on Government Operations.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

(MCL 18.1101 to 18.1594) by adding section 237d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 237d. (1) Unless a law of this state provides otherwise,

 

this state shall construct and maintain a facility in compliance

 

with applicable building codes of a unit of local government in

 

which the facility is located.

 

     (2) A unit of local government may, as allowed by ordinance,

 

issue an order to this state to, at the expense of this state,

 

correct or remove a facility or condition of a facility that

 

violates a building code applicable to the facility under

 

subsection (1).


 

     (3) If this state does not comply with an order issued under

 

subsection (2), the unit of local government may commence a court

 

action to enforce the order. If the court finds that the facility

 

or condition is in violation of a building code applicable to the

 

facility under subsection (1), the court may order the correction

 

or removal of the condition or facility at the expense of this

 

state.

 

     (4) If this state fails to comply with a court order issued

 

under subsection (3), the unit of local government may have the

 

order executed and the amount of the expenses incurred by the unit

 

of local government in doing so shall be a lien against the

 

facility property. The unit of local government may enforce the

 

lien in the same manner as provided by law for the foreclosure of

 

mortgage liens on real property.