City of Woodhaven MI VPR Ordinance

August 20th, 2010

On April 20th, 2010 the City of Woodhaven MI adopted a “Vacant Property Registration and Maintenance Ordinance” effective immediately. Detail is provided in the below summary however of distinction is the $500 monthly fee as indicated clearly on the registration form.

The attached proposed ordinance amends several sections of the Detroit City Code concerning Buildings and Building Regulations.  The amendments are summarized below:

• Who registers:  “Owners of real property. “Owner” is defined as one who has the right to possess, use, and convey something, i.e. the owner, occupant or successor to title by foreclosure, sheriff’s sale or by court order
• What is registered: “vacant properties”. “Vacant property” is defined as a lot, building, or structure that is not legally or currently occupied. Vacant property does not mean property that is temporarily unoccupied while the residents are away on vacation, personal matters or business, or is not intended by the owner to be left vacant.
• Timeframe to Register: within fifteen (15) days of the property becoming vacant property
• Proximity Requirements: Located with the City of Woodhaven 

Information Requirement

• “The name of the owner of the property.”
• “Common address and tax parcel identification number of the property.”
• “The date on which the property became vacant.”
• “Affirmation of utility connections or disconnections.”
• “Affirmation of agreement abide by property maintenance requirements of Section 18-380 of this division.”
• A mailing address where mail may be sent that will be acknowledged as received by the owner. If certified mail/return receipt requested is sent to the address and the mail is returned marked “refused” or “unclaimed,” or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement. “
• “The name of an individual responsible for the care and control of the property. Such individual may be the owner, if the owner is an individual, or may be some person or organization other than the owner with whom the owner has contracted.”
• “A current address, phone number, fax, and email address (if fax and email addresses are available) where communications may be sent that will be acknowledged as received by the owner or an individual responsible for the care and control of the property. If certified mail/return receipt requested is sent to the address and the mail is returned marked “refused” or “unclaimed,” or if ordinary mail sent to the address is returned for whatever reason, then such occurrence shall be prima facie proof that the owner has failed to comply with this requirement.”

Requirement to update
If at any time the information contained in the registration form is no longer valid, the property owner shall within ten (10) days file a new registration form containing current information

 Maintenance Requirements

•   “Weekly inspections of the property to assure compliance with the requirements of this section, and shall allow access to the property by the engineering department or the building department for the purpose of inspection and in case of emergency.”
•   “Vacant property shall be kept free of the following:
• weeds or grass more than six (6) inches high
• vegetation growth between sidewalk and/or driveway flags or from cracks in the pavement,
• dry brush, dead vegetation, trash, junk, debris, building materials, rodent harborage, accumulated snow on sidewalks and driveways
• any accumulation of newspapers, circulars, flyers, and notices (except those required by federal, state or local law),
• discarded items including, but not limited to, furniture, clothing, large and small appliances, printed material, signage, containers, equipment, construction materials, and
• any illegal outside storage of vehicles.”
•  “Minimum security fencing, barrier and maintenance requirements of the Construction Code and the Property Maintenance Code.”
•  “Maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.”
•  “Landscaped and properly maintained. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark designed and maintained in an appropriate manner. Landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed materials, plastic sheeting, indoor-outdoor carpet, or any similar material. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of landscaping and removal of all trimmings.”
•   “Pools, spas, and other water features located on vacant property shall be kept in working order or winterized to ensure that the water remains clear and free of pollutants and debris, or drained and kept dry and free of debris, and must comply with the minimum security fencing, barrier and maintenance requirements of the Construction Code and the International Property Maintenance Code.”    
•   “Maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and/or structure(s).”
•  “Broken windows must be repaired or replaced within fourteen (14) days. Boarding up of open or broken windows is prohibited except as a temporary measure for no longer than fourteen (14) days.”
•  “Utilities at vacant property must be properly disconnected or connected and in proper working order.”
• “Building appurtenances at vacant property must be securely attached so as not to cause a blighting condition, including, but not limited to, gutters, downspouts, shutters, railings, guards, steps, awnings, canopies, signs, light fixtures, and fire-escapes.”
•  “Detached signs and lighting systems at vacant property shall be structurally sound, and maintained so as not to cause a blighting condition, or removed.”
•  “Vacant property fencing and retaining walls shall be maintained structurally sound. Any fence or wall with broken or hanging components shall be repaired, straightened, or removed.”
•  “Perishables shall be removed from the interior of the structures located on vacant property.”

 Monitoring by the City

• The City shall inspect and monitor the condition of any property required to be registered, including building, water, fire, police/public safety, and any other inspections deemed necessary by the City Administrator. Monthly inspection and monitoring fees as set by resolution of the City Council from time to time shall be assessed against the property/owner to offset costs incurred by the City, including without limitation those associated with responding to telephone calls, complaints, inquiries, site visits, owner contacts, and/or the inspecting and monitoring of the site. 
• The building official or his or her designee shall have the authority to require the owner to implement additional maintenance, security, or other measures not specified in Section 18-380, as may be reasonably required to prevent further decline or blight of vacant property. 
•  Vacant property that is left open and/or accessible shall be subject to entry by the City in order to ensure that the property has not become an attractive nuisance and to ensure that the property is locked and/or secured. 
•  The owner of vacant property subject to this ordinance, which property is found open or unsecured, shall be responsible for a securing fee as set by the City Council to offset the cost incurred by the City in contacting the owner or management company to secure the property, or if the owner and/or management company cannot be contacted or does not secure the property within a reasonable time – not to exceed twenty-four (24) hours, the cost incurred by the City in securing the property.

 Fire damaged property.
The owner has ninety (90) days from the date of the fire to apply for a permit to start construction or demolition. Failure to do so will result in the property being deemed vacant property and subject to the requirements of this division.

 Eviction of Personal Property.
When an eviction by court order occurs, the owner shall place on the private area of the owner's property only and not on any public area adjacent to the owner's property, a movable container of sufficient size and type, which will allow access from its side for disposal of the personal property. Any personal property not relocated from the premises shall be placed and disposed of only in the movable container. The movable container shall be removed from the owner's property within 48 hours of its placement.

Unpaid fees
All fees hereunder that remain unpaid after fourteen (14) days written notice to the owner/management company shall be assessed against the property as a lien and included on the tax roll.

Failure to Register
Failure to file the required registration form, or failure to maintain the registration form containing current information shall be a civil infraction and subject to a $100 fine. Each day that a registration form is not on file and each day that an owner and/or owner’s agent fails to maintain current information in a registration form shall be considered a separate offense.

 To view the ordinance in its entirety, please click here.

 

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