ORDINANCE #18

(11-6-1905)

amended 10-12-2000

AN ORDINANCE TO PROVIDE FOR THE ABATEMENT OR REMOVAL OF BUILDINGS

DEEMED UNSAFE, OR WHICH CONSTITUTE A NUISANCE.

SECTION 1.

The Village of Nashville ordains, whenever any building or buildings within the corporate limits of the Village of Nashville, by reason of  being inherently weak, dilapidated, damaged or weakened by fire or other causes, or by being in a dilapidated or ruinous condition, or from any other causes, become dangerous or liable to fall in such a manner as to injure passersby or other persons, or shall be or become a nuisance, such building or buildings may by pulled down, abated or removed, as hereinafter provided.

SECTION 2.

Any building or structure which poses a risk to the public health, safety or welfare due to it unsafe or dangerous condition is declared to be a nuisance per se and shall be subject to abatement in accordance with the provisions of this ordinance. For purposes of this ordinance, "unsafe or dangerous condition" shall be defined to mean a building which is deficient due to: its failure to provide adequate means of egress; there is substantial danger of structural collapse; it constitutes a fire hazard; it is vacant and is not secured or otherwise guarded so as to prevent ingress by trespassers, minors or third parties; or it is otherwise dangerous to human life or the public welfare.

SECTION 3.

The Common Council shall give, or cause to be given, to the owner or owners, or occupants of said building or buildings, a notice in writing, so declared to be unsafe or dangerous or constituting a nuisance, requiring said owner or owners or occupants to repair said building within a stipulated time, and place the same in such a condition as to be reasonably safe, or to pull down, abate or remove the same within a stipulated time to be determined by the Common

Council of said village, and fixed and stated in the notice to be given to the owner or owners, or occupants, as herein provided.

SECTION 4.

Notice of the Council's determination regarding an unsafe or dangerous structure shall be           served by first class mail on the owner of the property as determined based upon the relevant tax rolls as well as any occupants of the building.

SECTION 5.

Any person who fails to abate an unsafe or dangerous building as defined in this ordinance, or who otherwise violates or refuses to comply with any provision of this ordinance shall be responsible for a municipal civil infraction and shall be sanctioned by a civil fine of two

hundred dollars ($200) for a first violation, five hundred dollars ($500) for a second violation, and one thousand dollars ($1,000) for a third or subsequent violation and shall, in addition, be liable for the payment of the Village's costs of prosecution in an amount of not less than nine dollars ($9) and not more than five hundred dollars ($500). Each act of violation and every

day upon which any such violation shall occur or continue shall constitute a separate offense and shall make the violator liable for the imposition of a fine for each day. In addition to the fines and penalties provided for in this section, the district court shall have jurisdiction to enforce any judgment, writ, or order as necessary to enforce the terms of this ordinance including, but not limited to, abatement of the violating condition, authorizing the Village to             remedy the unsafe or dangerous condition and assess its costs and fees as a lien on the property, or granting injunctive relief. In addition, the court may impose the total amount of the civil fine, costs, or both as a lien on the property where the violation has occurred.

SECTION 6.

This ordinance will take effect on the 27th day of November, AD 1905.

Passed and approved and dated the 6th day of November, 1905, in Nashville, Barry County, Michigan.