Michigan HB 4142 was introduced on  February 4th, 2009.  If passed as written, this legislation would amend various sections of Michigan Housing Code to require: 

• The Michigan State Housing Development Authority (MSHDA) to accept citizen information through a toll-free hotline concerning dangerous buildings in “urban core cities” that constitute a safety hazard
• Maintain a registry for abandoned and vacant premises
• Imposes strict maintenance and remediation requirements on property owners whose property violates the law. If the city building authority doesn’t act, MSHDA may enforce the law by taking steps to force the owner to fix the building, or else remediate it with state money. 

• vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers;or 
• remain unoccupied for 180 consecutive days or longer, and not listed as being available for sale, lease, or rent with a licensed real estate broker

• Notifies a local law enforcement agency in whose jurisdiction the building or structure is located that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice must be given to the local law enforcement agency by the owner or agent no later than 30 days after the building or structure becomes unoccupied.
• Maintains the exterior of the building or structure and adjoining grounds in accordance with this act or a building code of the city, village, or township in which the building or structure is located.
• A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, is also exempt if the owner:
  • notifies a local law enforcement agency in whose jurisdiction the dwelling is located that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year.
  • The owner must notify the law enforcement agency no later than 30 days after the dwelling no longer qualifies for this exception. Examples are 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. 

• The Owner of a premises that has remained vacant for longer than (30) days must register the property as a vacant building with MSHDA, using a form provided by MSHDA.
• The Owner must pay MSHDA a vacant housing registry fee of $100 for each building registered.  Failure to register will result in a civil infraction and $1,000 fine.

If information is received through the hotline, MSHDA must determine whether they have inspected the property and thus subject to a hearing under Michigan law. 

MSHDA will inspect the property that has not been inspected to determine whether it is considered vacant, dilapidated, and accessible to trespassers or exposed to the elements, or if it has been unoccupied for 180 consecutive days or longer, and not listed as being available for sale, lease, or rent with a licensed real estate broker.  If MSHDA confirms these conditions, it may offer the local enforcing authority in the urban core city an opportunity to issue a notice of violation and conduct its own hearing.  

If the urban core city's local enforcement authority does not do this within 30 days of MSHDA's inspection,  then MSHDA will proceed as the enforcing agency under state law, conduct the hearing  and pursue remedial action against the owners.  If the property owners fail to remediate the violations, MHSDA will secure and remediate the property

• clear the property of all junk, trash, debris, boxes, lumber, scrap metal, junk vehicles or any other materials that promote the threat of fire, constitute a safety hazard or harbor rodents or other animals;   MSHDA will determine that every foundation, roof, floor, wall, stair and other structural support is safe and capable of supporting normal loads. MSHDA will remediate if the structural support remains unsafe
• plumbing fixtures maintained with no leaking pipes
• Every exit door secured with an internal deadbolt capable of being opened from the inside without a key or special knowledge
• Interior stairs have treads and risers, be of uniform dimensions without rotting, loose or deteriorating supports
• All insects, rodents and other vermin must be exterminated.  All asbestos-containing materials on the premises must be maintained in good repair and free from defects such as holes, cracks or tears 
• All building openings must be closed and secured, using secure doors, glazed windows, commercial quality steel security panels, filled with like kind materials as the surrounding wall, as applicable to prevent entry by unauthorized parties.  No plywood except as authorized in Ch 125.  Openings smaller than (1) sq ft in area may be boarded with plywood if the boarding is weather tight and finished with varnish, paint of a similar color to the exterior and cut to the inside opening dimensions.  Openings larger than 1 Sq ft area located less than 20 ft above ground that are otherwise accessible from ground level, or within 8 ft in any direction of an exterior stairway, fire escape or other means of access must be sealed with commercial quality 14 gauge rust-proof steel security panels and doors
• All windows must have commercial-grade locking devices that enable them to be securely locked from the inside, must be weather-tight, water-tight and glazed 

To view a copy of the current version of the proposed legislation, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 500 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.