As previously discussed (click here) the City of Detroit was reviewing changes to the local ordinance affecting evictions.

On September 13, 2006, City of Detroit Ordinance No. 30-06 was passed. 
This ordinance amends Section 22-1-14 of Division 2, Civil Fines For Violations, and Article II, by amending Section 22-2-84 of Division 5, Illegal Dumping, and by adding Section 22-1-16.

**Note that although this ordinance passed on 9/13/06, the information was never published nor released to the public via Detroit's website, Lexis or other. Upon speaking to Don King of Trott & Trott and Stuart Best of Weltman Weinberg, neither were aware that this ordinance had passed.  We were informed and received a copy by fax today (click here) from Tommy Stephens, Legislative Assistant for Councilwoman Martha Reeves, sponsor of the amendment.

The ordinance has the following changes:

1.    Changes the time for removal of any solid waste by an owner or operator of any private property from seventy- two (72) hours to forty-eight (48) hours;
 
2.    Requires that, where a tenant is evicted by court order: 

The owner or operator of the property must place,for the disposal of the tenant’s personal property, a large movable container, on the private area of the owner operator's property only [not to be placed on the treelawn] The tenant’s personal properly must be disposed of the large movable container only, The large movable container must be removed within forty-eight (48) hours, and The owner, operator, or other person who falls to use a large movable container for disposal of a tenant’s personal property is subject to Immediate issuance of a blight violation notice; end to provide for civil fines for violation of these provisions.

3.  New section 22-1-16 adds fines which state that:

An owner or operator who violates the Ordinance by failing to remove the large movable container from the owner or operator’s property within forty-eight (48) hours of its placement is responsible for a blight violation and subject to a civil line of three hundred dollars ($300.00). Each day on which a violation continues is considered a separate violation.  The imposition or a fine under this section shall not be construed to excuse or  permit the continuation of any violation.  Upon a blight vanillin determination, the violator shall be subject to a civil fine for each day the violation continued.