§ 16-118. Implementation and enforcement of remedies.  


Latest version.
  • (a)

    Implementation of order by city. In the event that the owner or party in interest does not comply with the decision of the city council, the city council may in its discretion, contract for the demolition, making safe, or maintaining the exterior of the building or structure or grounds adjoining the building or structure.

    (b)

    Reimbursement of costs. The cost of the demolition, of making the building safe, or of maintaining the exterior of the building, structure or grounds adjoining the building or structure, incurred by the city to bring the property into conformance with this division shall be reimbursed to the city by the owner or party in interest in whose name the property appears.

    (c)

    Notification of costs; lien for unpaid costs. The owner or party in interest in whose name the property appears on the last local tax assessment records shall be notified by the assessor of the amount of the cost of the demolition, of making the building safe, or maintaining the exterior of the building, structure or grounds adjoining the building or structure, by first class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing by the assessor of the notice of the amount of the cost, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this division. The lien shall not take effect until notice of the lien is filed or recorded as provided by law. A lien provided for in this subsection does not have priority over previously filed or recorded liens or encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, Act 206 of the Michigan Public Acts of 1893, as amended, being MCL 211.1 to 211.157.

    (d)

    Court judgment for unpaid costs; lien. In addition to other remedies under this division, the city may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building, structure or grounds adjoining the building or structure. The city shall have a lien on the property for the amount of the judgment obtained pursuant to this subsection 16-118(d). The lien provided for in this subsection shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over previously filed or recorded liens and encumbrances. The lien provided for in this subsection shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, Act 206 of the Michigan Public Acts of 1893, as amended, being MCL 211.1 to 211.157.

    (e)

    Enforcement of judgment. A judgment in an action brought pursuant to subsection (d) of this section may be enforced against any assets of the owner including, but not limited to, the building or structure.

    (f)

    Lien for judgment amount. The city shall have a lien for the amount of a judgment obtained pursuant to subsection (d) of this section against the owner's interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this subsection does not take effect until notice of the lien is filed or recorded as provided by law and the lien does not have priority over previously filed or recorded liens and encumbrances.

(Ord. No. 2015-02, § 1, 1-20-2015)