Chapter 4
BUILDINGS AND BUILDING REGULATIONS*
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Cross references: Fire prevention and protection, ch. 7; planning, ch. 13; roads, driveways, and parking lots, ch. 15; zoning, ch. 19.
State law references: State construction code act, MCL 125.1501 et seq.
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Article I. In General
Sec. 4-1. Variation from development design standards– Authorized.
Sec. 4-2. Same– Application.
Secs. 4-3– 4-30. Reserved.
Article II. Construction Codes
Sec. 4-31. Adoption of state construction code.
Sec. 4-32. Enforcement of state construction code act.
Secs. 4-33– 4-55. Reserved.
Article III. Dangerous Buildings
Sec. 4-56. Maintenance prohibited.
Sec. 4-57. Definition.
Sec. 4-58. Notice; contents; hearing officer; filing of notice with officer; service.
Sec. 4-59. Hearing; testimony; decision; order; nonappearance or noncompliance; review; order to show cause; costs.
Sec. 4-60. Judicial review.
Secs. 4-61– 4-80. Reserved.
Article IV. Numbering of Buildings
Sec. 4-81. Purpose.
Sec. 4-82. Enforcement.
Sec. 4-83. Penalty.
Sec. 4-84. Placing numbers on buildings.
Secs. 4-85– 4-105. Reserved.
Article V. Fees, Deposits and Insurance for Buildings, Subdivisions, Site Condominiums, Private Roads
Sec. 4-106. Engineering fees, deposit.
Sec. 4-106.1. Legal review fees; deposits.
Sec. 4-107. Insurance and bonds.
Sec. 4-108. Building permit fees and deposits.
ARTICLE I. Sec. 4-1. Variation from development design standards– Authorized.
The township board may authorize a variation from the development design standards when it determines that undue hardship may result from strict compliance. In granting any variation, the board shall prescribe other conditions that it deems necessary or desirable for the public interest. No variation shall be granted unless the township board finds:
(1) There are special circumstances or conditions affecting the subdivision or project improvement such that a strict application of the provisions of this chapter would deprive the applicant of reasonable use of the property; and
(2) The variation is necessary for the preservation and enjoyment of the substantial property right of the applicant and is the minimum variation required; and
(3) The granting of the variation will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.
(Ord. No. 154, § 13.1, 7-17-91)
Sec. 4-2. Same– Application.
Application for a variation from this chapter shall be submitted in writing by the applicant at the time the preliminary plans are submitted, stating fully and clearly all facts relied upon and all reasons why the variation should be granted, and shall be supplemented with maps, plans or other additional data which may aid in the analysis of whether a variation is required. The plans for such development shall include such convenants, restrictions or other legal provisions necessary to guaranty the full achievement of the plan. In acting upon the request for variation, the township board shall state the reasons for its decision.
(Ord. No. 154, § 13.2, 7-17-91)
Secs. 4-3– 4-30. Reserved.
ARTICLE II. ------------
Editor's note: This article is derived from ordinance numbers 118 (plumbing), 121 (state construction code), 130C (electrical code), 22 (heating) and 106 (refrigeration).
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Sec. 4-31. Adoption of state construction code.
Pursuant to the authority granted by section 23 of Act No. 359 of the Public Acts of Michigan of 1947 (MCL 42.1 et seq., MSA 5.46(1) et seq.), as amended, and the authority granted by Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended, commonly called the state construction code act of 1972, the township does hereby adopt the state construction code act, and the building, plumbing, mechanical and electrical codes promulgated thereunder, as amended.
State law references: Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).
Sec. 4-32. Enforcement of state construction code act.
Pursuant to the provisions of section 9 of Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1509, MSA 5.2949(9)), as amended, the building official of the township is hereby designated as the enforcing agency to discharge the responsibilities of the township under Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended. The township hereby assumes responsibility for the administration and enforcement of such Act throughout its corporate limits.
Secs. 4-33– 4-55. Reserved.
ARTICLE III. Sec. 4-56. Maintenance prohibited.
It is unlawful for any owner or agent thereof to keep or maintain any dwelling or part thereof which is a dangerous building as defined in section 4-57.
(Ord. No. 120, § 1, 4-2-74)
Sec. 4-57. Definition.
As used in this article, the words "dangerous building" shall mean any building or structure which has any of the following defects or is in any of the following conditions:
(1) Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the township wherein the property lies, it shall be considered that such dwelling does not meet the requirements of this article.
(2) Whenever any portion has been damaged by fire, wind, flood or by any other cause in such a manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of any building code of the township wherein the building is located for a new building or similar structure, purpose or location.
(3) Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(4) Whenever any portion has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction by the building code of the township where the building is located.
(5) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
(6) Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used.
(7) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants or criminal persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts.
(8) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer or is likely to work injury to the health, safety or general welfare of those living within.
(9) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(Ord. No. 120, § 2, 4-2-74)
Sec. 4-58. Notice; contents; hearing officer; filing of notice with officer; service.
(a) Notwithstanding any other provision of this article, when the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the building department shall issue a notice of the dangerous and unsafe condition.
(b) Such notice shall be directed to each owner of or party in interest in the building in whose name the property appears on the last local tax assessment records.
(c) The notice shall specify the time and place of a hearing on the condition of the building or structure at which time and place the person to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.
(d) The hearing officer shall be appointed by the township supervisor to serve at his pleasure. The building department shall file a copy of the notice of the dangerous and unsafe condition with the hearing officer.
(e) All notices shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by certified mail, return receipt requested, addressed to such owner or party in interest at the address shown on the tax records, at least ten days before the date of the hearing described in the notice. If any person to whom a notice is directed is not personally served, in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure.
(Ord. No. 120, § 3, 4-2-74)
Sec. 4-59. Hearing; testimony; decision; order; nonappearance or noncompliance; review; order to show cause; costs.
(a) The hearing officer shall take testimony of the building department, the owner of the property and any interested party. The hearing officer shall render his decision either closing the proceedings or ordering the building to be demolished or otherwise made safe.
(b) If it is determined by the hearing officer that the building or structure should be demolished or otherwise made safe, he shall so order, fixing a time in the order for the owner, agent or lessee to comply therewith.
(c) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order, the hearing officer shall file a report of his findings and copy of his order with the township board and request that the necessary action be taken to demolish or otherwise make safe the building or structure. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in section 4-58.
(d) The township board shall fix a date for hearing, reviewing the findings and order of the hearing officer and shall give notice to the owner, agent or lessee in the manner prescribed in section 4-58 of the time and place of the hearing. At the hearing the owner, agent or lessee shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe and the township board shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.
(e) The cost of the demolition or making the building safe shall be a lien against the real property and shall be reported to the assessing officer of the township who shall assess the cost against the property on which the building or structure is located.
(f) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the assessor of the notice of the amount thereof, the assessor shall add the same to the next tax roll of the township and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by such township.
(Ord. No. 120, § 4, 4-2-74)
Sec. 4-60. Judicial review.
An owner aggrieved by any final decision or order of the township board under section 4-59 may appeal the decision order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of decision.
(Ord. No. 120, § 5, 4-2-74)
Secs. 4-61– 4-80. Reserved.
ARTICLE IV. Sec. 4-81. Purpose.
The purpose of this article is to provide for the ready identification of residential and commercial buildings by ambulance, fire, police and other services in the event of an emergency.
(Ord. No. 142, § 2, 7-21-82)
Sec. 4-82. Enforcement.
It shall be the duty and responsibility of the township ordinance enforcement officer to see that the provisions of this article are followed and such officer is empowered to institute an action against anyone who neglects or refuses to comply with the terms and conditions set forth in this article. Certificates of occupancy shall not be issued by the township building department until the provisions of this article have been satisfied.
(Ord. No. 142, § 4, 7-21-82)
Sec. 4-83. Penalty.
A person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in section 1-10 of this Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-10 of this Code.
(Ord. No. 142, § 5, 7-21-82; Ord. No. 142A, § 1, 4-8-98)
Sec. 4-84. Placing numbers on buildings.
(a) It shall be the joint duty of the owner or occupant of every residential and commercial building, dwelling and structure in the township to display and maintain, conspicuously, the numerical street address assigned by the Detroit Edison Company to that building, dwelling or structure, in accordance with the provisions of this article.
(b) The numerical street address shall be conspicuously displayed and maintained on the face of the building, dwelling or structure (or on any permanent fixture nearer to the roadway or street to which the number is assigned) in such a manner as to be readily visible to persons located on the roadway or street.
(c) If the numbers on the face of the building or other permanent fixture are not readily visible from the roadway or street, or are located more than 75 feet from the front property line, it shall be the joint duty of the owner or occupant of the building or structure to display supplementary numbers so as to be readily visible from the street or roadway, such numbers to be no more than 75 feet from the street or roadway, and no more than approximately ten feet from the driveway used for ingress and egress to the building.
(d) Numerals used in displaying addresses as mandated by this article shall not be less than three inches in height, shall contrast with the immediate background on which they are mounted, and may not be in script. Numerals placed on mailboxes will not be acceptable as fulfilling the provisions of this article.
(Ord. No. 142, § 3, 7-21-82)
Secs. 4-85– 4-105. Reserved.
ARTICLE V. Sec. 4-106. Engineering fees, deposit.
(a) At the time of submittal of construction plans, specifications, and detailed estimates of costs of any proposed development, subdivision, site condominium project or private road development, the applicant shall deposit with the township a sum equal to 1 1/2 percent of the estimated cost of the project, or a minimum deposit of $1,000.00, whichever is higher. The actual fee for the project review shall be borne by the applicant and will be on the basis of the actual costs incurred by the township for outside consultants, plus a ten percent township administrative fee.
(b) Prior to the commencement of construction or project improvement, the applicant shall deposit with the township a percentage of the total contract price for inspections, according to the following schedule:
IN GENERAL
CONSTRUCTION CODES*
DANGEROUS BUILDINGS
NUMBERING OF BUILDINGS
FEES, DEPOSITS AND INSURANCE FOR BUILDINGS, SUBDIVISIONS, SITE CONDOMINIUMS, PRIVATE ROADS
| Contract Amount | Deposit Requirement |
| Up to $10,000.00 | $1,000.00 |
| $10,000.00 to $50,000.00 | 8% |
| $50,000.00 to $100,000.00 | 7% but not less than $5,500 |
| $100,000.00 to $200,000.00 | 6% but not less than $9,000.00 |
| $200,000.00 to $300,000.00 | 5% but not less than $16,000.00 |
| $300,000.00 to $500,000.00 | 4% but not less than $24,000.00 |
| $500,000.00 to $1,000,000.00 | 3% but not less than $30,000.00 |
(1) The actual fee for inspection shall be borne by the applicant, and shall be on the basis of the actual costs incurred by the township engineers, plus the township administrative fee. Any unused amount on deposit following inspection and approval shall be returned to the applicant. At anytime the township supervisor is of the opinion that the deposit is not sufficient to cover the services that are being provided, the developer shall be notified in writing as to the estimated deficiency, and the deposit shall be immediately increased accordingly.
(2) The fees and charges specified above shall be in addition to those charged for debt service charges, connection charges and other charges or fees for sanitary sewer and water supply.
(Ord. No. 154, § 11.2, 7-17-91)
Sec. 4-106.1. Legal review fees; deposits.
(a) At the time of submittal of construction plans, specifications, and detailed estimates of costs of any proposed development, subdivision, site condominium project or private road development, the applicant shall deposit with the township a minimum deposit of $500.00 for a legal review of the project on behalf of the township. The actual fee for the project legal review shall be borne by the applicant and will be on the basis of the actual costs incurred by the township for the legal review, plus a ten-percent township administrative fee. Any unused amount on deposit following inspection and approval shall be returned to the applicant. At anytime the township supervisor is of the opinion that the deposit is not sufficient to cover the services that are being provided, the developer shall be notified in writing as to the estimated deficiency, and the deposit shall be immediately increased accordingly.
(b) The fees and charges specified above shall be in addition to those other fees and charges prescribed by law, ordinance or resolution.