§ 16-113. Definitions.

As used in this division:

"Dangerous building" shall mean any building or structure which has one or more of the following defects or is in one or more of the following conditions:

(1)

Any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the city.

(2)

Any portion of the building or structure is damaged by fire, wind, flood, or by any other cause so that its structural strength or stability is appreciably less than it was before such catastrophe and does not meet the minimum requirements of the Housing Law of the State of Michigan, Act No. 167 of the Public Acts of 1917, as amended.

(3)

Any part of the building or structure is likely to fall or to become detached or dislodged, or to collapse and injure persons or damage property.

(4)

Any portion of the building or structure has settled to such an extent that its walls or other structural portions have materially less resistance to wind than is required in the case of new construction by the Housing Law of the State of Michigan, Act No. 167 of the Public Acts of 1917, as amended.

(5)

The building or structure or any part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, or the removal or movement of some portion of the ground necessary for the support or for other reason, is likely to partially or completely collapse or some portion of the foundation or underpinning of the building or structure is likely to fall or give away.

(6)

The building structure, or any part of the building or structure is manifestly unsafe for the purpose for which it is used.

(7)

The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.

(8)

A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, which because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, or is in a condition that the city ordinance enforcement officer or health officer of the state or county determines is likely to cause sickness or disease or is likely to injure the health, safety or general welfare of the people living in the dwelling.

(9)

A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(10)

A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Article 25 of the Occupational Code, Act 299 of the Public Acts of 1980, as amended, being MCL 339.2501 to 339.2515. For purposes of this subsection "building or structure" includes, but is not limited to, a commercial building or structure. This subsection does not apply to either of the following:

a.

A building or structure as to which the owner or agent does both of the following:

1.

Notifies the City of Cadillac Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the local law enforcement by the owner or agent not more than 30 days after the building or structure becomes unoccupied.

2.

Maintains the exterior of the building or structure and adjoining grounds in accordance with this division, the Housing Law of the State of Michigan, Act No. 167 of the Public Acts of 1917, as amended.

b.

A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the City of Cadillac Police Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year.

An owner who has given the notice prescribed by this subsection shall notify the City of Cadillac Police Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, "secondary dwelling" means a dwelling such as a vacation home, hunting cabin, or summer home, that is occupied by the owner or a member of the owner's family during part of a year.

"Enforcing agency" and "city" shall mean the City of Cadillac.

"Ordinance" shall mean chapter 16, article IV, division 2 of this Code of Ordinances, "Dangerous Structures."

"Ordinance enforcement officer" shall mean an employee of the city as described in section 1-16 of the City Code.

(Ord. No. 2015-02, § 1, 1-20-2015)