Registration Form - Fraser, MI.pdf - Mortgage Contracting Services
Registration Form - Fraser, MI.pdf - Mortgage Contracting Services
Registration Form - Fraser, MI.pdf - Mortgage Contracting Services
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City of <strong>Fraser</strong>, Michigan<br />
Abandoned and Vacant Residential Structure <strong>Registration</strong><br />
Ordinance #348 ~ Article XII Licensing, <strong>Registration</strong> and Regulations of Abandoned and<br />
Vacant Residential Structures<br />
Adopted May 14th, 2009<br />
• Property Address: _________________________________________________________<br />
• Name of Sub/Condo Complex/Apartment Site: ___________________________________<br />
PROPERTY OWNER / MORTGAGE HOLDER<br />
• Print Name: ______________________________________________________________<br />
• Address: _________________________________________________________________<br />
• City: __________________________________ State: ___________ Zip: ____________<br />
• Date of Birth: ___________________________ Phone #: _________________________<br />
• Signature: _____________________________ Cell #: ___________________________<br />
AUTHORIZED REPRESENTATIVE<br />
This person must be capable of traveling to the property within a one hour driving radius of the City.<br />
• Print Name: ______________________________________________________________<br />
• Address: _________________________________________________________________<br />
• City: ____________________________________________________________________<br />
• Phone #: ___________ Cell #: ___________ Fax: ___________ E-mail: _______________<br />
• Signature of Owner or Legal Representative: __________________________________<br />
Proof of identification, of owners, by way of copies of Drivers Licenses, Articles of Incorporation or Co-<br />
Partnership agreement is required. Identify the type of identification submitted, with this registration, on the<br />
lines below.<br />
______________________________________________________________________________<br />
______________________________________________________________________________<br />
Estimated length of time the property is expected to remain unused, reason for non use and description for all<br />
plans for reuse, repair, restoration, maintenance and continuation of utility operation.<br />
______________________________________________________________________________<br />
______________________________________________________________________________<br />
FEE SCHEDULE<br />
**$165 check payable to the City of <strong>Fraser</strong>, this amount satisfies the required $25 registration fee, a monthly<br />
$10 property monitoring fee, $80 re-inspection fee, paid six months in advance.<br />
<strong>Registration</strong> fee (per property) $25<br />
Monthly Monitoring fee (per property) $10<br />
Re-Inspection fee (prior to re-occupancy) $80<br />
Please complete this form and submit the required proof of owner identification, along with a check payable to the City of <strong>Fraser</strong><br />
33000 Garfield Rd. <strong>Fraser</strong>, <strong>MI</strong>. 48026 ~ 586-293-3100 prompt #2<br />
For office use only:<br />
Date Received: __________________________________ Receipt# ____________________ <strong>Registration</strong># ______________________<br />
Revised 01-2011
ARTICLE XII. LICENSING, REGISTRATION AND REGULATION OF ABANDONED AND<br />
VACANT RESIDENTIAL STRUCTURES<br />
Sec. 6-201. Definitions.<br />
As used in this article the following terms have the meaning set forth herein:<br />
Abandoned structure. A residential structure is considered to be abandoned if it has not been<br />
legally occupied by a human, continuously for thirty (30) days or more or meets any of the following<br />
criteria:<br />
(1) Provides a location for loitering, vagrancy, unauthorized entry or other criminal activity.<br />
(2) Has been boarded or partially boarded restricting ingress and egress through windows and/or<br />
doors for at least thirty (30) days.<br />
(3) Has real estate taxes in arrears for a period of time exceeding one hundred sixty-five (165)<br />
days.<br />
(4) Has either water, sewer, electric or gas or any of the foregoing disconnected or not in use.<br />
(5) Has not been maintained in compliance with ordinances of the city that relate to residential<br />
structures their occupancy or use.<br />
Vacant structure. Refers to a residential structure not legally occupied by a human for thirty (30)<br />
days or more continuously.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-202. Inspection requirements foreclosure.<br />
Any lender under a note secured by a mortgage or any person, firm, or corporation holding a<br />
mortgage on a property who has filed a complaint for foreclosure by judicial action or is publishing<br />
a notice of foreclosure by advertisement, shall within five (5) days of either filing the complaint or<br />
publishing the notice, inspect the property subject matter of the foreclosure proceedings. If the<br />
property is vacant or shows evidence of either being abandoned or vacant, the property shall<br />
forthwith be registered within ten (10) days pursuant to this article. The property shall thereafter be<br />
inspected at least once monthly until any rights of the lender or party holding a mortgage no longer<br />
exists in the subject property.<br />
A lender and/or party holding a mortgage shall undertake all reasonable and necessary steps to<br />
continue utility service to the subject parcel in order to avoid sump pump failure, back-up, broken<br />
pipes, or other damage to the subject property.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-203. <strong>Registration</strong> of abandoned and vacant properties.<br />
Owners and holders of any mortgage on abandoned and/or vacant structures, jointly and severally,<br />
shall be responsible for registering such properties compliant with this chapter. <strong>Registration</strong><br />
requirements do not preclude the city from taking action pursuant to any applicable federal or state<br />
law or ordinance of the city, or to issue notices and orders as may apply under other ordinances of<br />
the city. Fees shall be charged to defray the city's cost of registering such properties, as shall be<br />
determined and established periodically by resolution of the city council.<br />
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(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-204. <strong>Registration</strong> information.<br />
For each abandoned and/or vacant structure as defined in this article an owner of such property<br />
and any person, firm, or corporation holding a mortgage on a property as disclosed as a matter of<br />
record shall register with the city providing the following information:<br />
(1) The legal name and date of birth of each owner, or mortgage holder. If ownership or the entity<br />
holding a mortgage is by means of a corporation limited liability company partnership or other<br />
nonnatural means, the resident agent. The resident agent, managing partner, general partners<br />
and/or shareholders names and dates of birth shall be provided.<br />
(2) Address of persons referred to in subsection (1).<br />
(3) Telephone number and address of an agent or representative authorized by the owner, and/or<br />
party holding a mortgage to handle affairs for the property and to act as the person for notification.<br />
Such agent or representative must be capable of traveling to the property within a one (1) hour<br />
driving radius of the city.<br />
(4) Proof of identification of owners by way of copies of drivers licenses, copies of articles of<br />
incorporation, co-partnership agreements or other agreements verifying the existence of such<br />
entity.<br />
(5) A statement which shall set forth the estimated length of time the property is expected to<br />
remain unused, reason for non use and description for all plans for restoration, repair, reuse,<br />
maintenance, continuous of utility operation.<br />
(6) Such additional information as may be required and set forth and any registration form<br />
approved by the city manager.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-205. Monitoring fees abandoned in vacant residential structures.<br />
In order to defray the city's costs of monitoring abandoned and/or vacant residential structures, the<br />
city shall charge a monthly fee in an amount as established from time to time by resolution of the<br />
city council. No fee shall be imposed until sixty (60) days following transmittal by first class mail to<br />
the last known owner of record based on assessing records of a notice to register pursuant to this<br />
article.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-206. Obligation to timely secure residential structure.<br />
Upon a notice to secure a residential structure being sent by first class mail to any person or entity<br />
appearing as an owner of record based on assessing records, such residential premises shall be<br />
secured within seventy-two (72) hours. The city may but is not required to secure the property,<br />
including the removal of debris, cutting of vegetation, boarding the property in whole or in part, or<br />
taking other measures to secure the property. All such costs shall be assessable against any<br />
owner of the property.<br />
Both the owner and any holder of a mortgage shall be responsible at a minimum monthly of any<br />
abandoned and/or vacant property, to determine whether the property is compliant with the<br />
requirements of this article.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-207. Right of entry.<br />
If any owner or mortgage holder fails to secure the property, the city may seek an administrative<br />
search warrant in order to permit entry upon the property in order to secure the property. All<br />
administrative expenses associated with the issuance of the search warrant shall be recoverable<br />
and assessed against any owner and/or mortgage holder of the property jointly and severally.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
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Sec. 6-208. Maintenance of property.<br />
Each owner and/or mortgage holder of any abandoned or vacant residential structure shall be<br />
jointly and severally responsible for maintaining the structure and property in conformity with<br />
applicable law including ordinances of the city. This includes but is not limited to exterior<br />
maintenance, vegetation cutting and maintenance, landscaping, snow removal and maintenance<br />
and repairs to the structure itself.<br />
The property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building<br />
materials and any accumulation of newspapers, circulars, flyers, notices, except those required by<br />
federal, state, or local law, discarded personal items, including but not limited to furniture, clothing,<br />
large and small appliances, printed material or any other items that give the appearance that the<br />
property is abandoned. The property shall be maintained free of graffiti, tagging, or similar<br />
markings by removal or painting over with an exterior grade paint matching the color of the exterior<br />
of the structure. Visible front and side yards shall be landscaped and maintained to the<br />
neighborhood standard at the time registration was required. Landscaping includes but is not<br />
limited to trimming grass, ground cover, bushes, shrubs, hedges or similar plantings, maintaining<br />
decorative rock or bark and mulching. Maintenance includes but is not limited to regular watering,<br />
irrigation, cutting, pruning and removal of all trimmings. Pools and spas shall be kept in working<br />
order so the water remains clear and free of pollutants and debris or drained and kept dry. Each of<br />
these requirements shall be cumulative and in addition to any and all other requirements otherwise<br />
required of the ordinances of the city or other laws and codes.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-209. Requirement of re-inspection upon notice to register or notice to secure.<br />
Upon a notice to register or notice to secure being sent to any owner, such abandoned and/or<br />
vacant structure shall not reoccupied until inspected and found to be in full compliance with the<br />
codes of the city. All violations shall be corrected in accordance with the State Construction Code<br />
and/or any other applicable codes including the International Property Maintenance Code if<br />
applicable. All mechanical, electrical, plumbing and structural systems shall be certified by a<br />
licensed contractor as being in good repair. A right to occupy shall not be permitted until all<br />
outstanding cost assessments or fees owed to the city have been paid in full.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-210. Avoidance of utility interruption.<br />
Owners of property and holders of mortgages shall be jointly and severally liable for avoiding<br />
and/or correcting any interruption in utilities which will have the result of causing or contributing<br />
damage to the premises including maintaining continuity of electrical power so that sump pumps<br />
will operate, maintaining heat so as to avoid broken pipes and furnishing other utilities as<br />
necessary to secure and maintain the premises.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-211. Outstanding cost and assessments lien.<br />
Any and all fees or costs incur relating to this article including but not limited to registration fees<br />
and costs incurred associated with enforcement activity shall be fully reimbursable to the city by the<br />
owners of the property and mortgage holders jointly and severally and shall be considered a lien<br />
upon the subject property subject to enforcement in the same manner as advalorem real property<br />
taxes. Such method of enforcement shall be a cumulative remedy. Further examples of activities<br />
for which fees and costs shall be payable, include costs for preparation of correspondence relating<br />
to this article, costs for inspection, costs for vehicle removal, costs for entry of the subject property,<br />
costs for preparation and securing of an administrative search warrant, costs for preparation of<br />
proceeding with enforcement pursuant to this article.<br />
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(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-212. Appeals.<br />
Any person aggrieved by any requirement of this section, may appeal to the city manager of the<br />
city, furnishing a written application filed within twenty (20) days of the decision, notice, order or<br />
action from which an appeal is taken. Such appeal shall be based on a claim that the true intent of<br />
the code or rules adopted there-under have been incorrectly interpreted or that the provisions of<br />
the code do not fully apply or that the requirements of the code are adequately satisfied by other<br />
means, or that the strict application of any requirement of the code would cause undue hardship.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
Sec. 6-213. Penalty.<br />
Any violations of this article shall be deemed to be a civil infraction punishable as a civil infraction<br />
in accordance with state law and this Code. Institution of civil infraction proceedings shall not<br />
restrict the city from pursuing further remedies.<br />
(Ord. No. 348, § 2, 5-14-09)<br />
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