Registration Form - Fraser, MI.pdf - Mortgage Contracting Services

City of Fraser, Michigan
Abandoned and Vacant Residential Structure Registration
Ordinance #348 ~ Article XII Licensing, Registration and Regulations of Abandoned and
Vacant Residential Structures
Adopted May 14th, 2009
• Property Address: _________________________________________________________
• Name of Sub/Condo Complex/Apartment Site: ___________________________________
PROPERTY OWNER / MORTGAGE HOLDER
• Print Name: ______________________________________________________________
• Address: _________________________________________________________________
• City: __________________________________ State: ___________ Zip: ____________
• Date of Birth: ___________________________ Phone #: _________________________
• Signature: _____________________________ Cell #: ___________________________
AUTHORIZED REPRESENTATIVE
This person must be capable of traveling to the property within a one hour driving radius of the City.
• Print Name: ______________________________________________________________
• Address: _________________________________________________________________
• City: ____________________________________________________________________
• Phone #: ___________ Cell #: ___________ Fax: ___________ E-mail: _______________
• Signature of Owner or Legal Representative: __________________________________
Proof of identification, of owners, by way of copies of Drivers Licenses, Articles of Incorporation or Co-
Partnership agreement is required. Identify the type of identification submitted, with this registration, on the
lines below.
______________________________________________________________________________
______________________________________________________________________________
Estimated length of time the property is expected to remain unused, reason for non use and description for all
plans for reuse, repair, restoration, maintenance and continuation of utility operation.
______________________________________________________________________________
______________________________________________________________________________
FEE SCHEDULE
**$165 check payable to the City of Fraser, this amount satisfies the required $25 registration fee, a monthly
$10 property monitoring fee, $80 re-inspection fee, paid six months in advance.
Registration fee (per property) $25
Monthly Monitoring fee (per property) $10
Re-Inspection fee (prior to re-occupancy) $80
Please complete this form and submit the required proof of owner identification, along with a check payable to the City of Fraser
33000 Garfield Rd. Fraser, MI. 48026 ~ 586-293-3100 prompt #2
For office use only:
Date Received: __________________________________ Receipt# ____________________ Registration# ______________________
Revised 01-2011

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