ORDI A CE
Th City of Hlghl nd P r Ord n :
PUBLIC UISA CE BOARDUP/PADLOCK r
ORDI A CE
I
630.01 DEFI ITIO S.
A us d In thl ch p .
A.' n r- m on
o has any I I and/or quO ab
p op rty in qu on.
B. 'Pro rty' me n any tructure, hou ,build­
ng, premi s or ny part ther of.
630.02 FINDINGS WITH RESPECT TO DRUG
USE.
The City de ermines tha public nuisanc
creat d whenever the repe ed u ,
ng, giving or po e ion of controlled ub nc
or drug paraph mali occurs on any property, in­
er ased crim in I ctivity OCCU In th n I hborhood
urrounding the property, lner d pede r
and/or vehicular traffic occurs In the n Ighborhood
urrounding th property, nd th pe c d qui
of re dents IMng in th neighbor hood urrounding
the property are di urbed.
630.03 USE OF CONTROLLED SUBSTA -
CES OR DRUG PARAPHERNALIA; PUBLIC
NUISANCE; NOTICE AND HEARING.
(a) Whenever the use, sal ,furnishing, giving or
possession of controlled substances or drug
paraphernalia occurs on any property, th City
Council may declare by resolution, after notice to
the owner, a public hearing, and a recom end on
from the Department of Public Safety, that th
property is a public nuisance.
(b) Notice of the publ e he8rlng hall be given to
the owner and shall cons' of personal service or
the mailing of a certified letter to the taxpayer of
record, as indicated In the City Clerk's Office In th
case of a rental unit, or the City Assessor's office In
the case of an owner-occup ed dwelling, and the
receipt by the City of a return receipt card indicating
the owner's having received such notice. Such
notice to the owner shall occur least even calen­
dar days prior to the date of the public hearing.
630.04 ABATEMENT OF NUISANCE; COSTS,
If. City. Counci.1 determines that a property is a
public nursance, It may, by resolution, in addition to
any .other remedies available to the City at law or in
equity.
(a) Authorize the inspections division, or other
appropriate city department, to prohibit the oc­
cup�cy of the property by either padlOCking a
po�lon of t�e property or boarding the property up,
whichever IS appropriate, for a period of up to one
year from the date Council adopts the resolution;
and/or
(b) Determine that the owner shall be liable for
the full cost of any personnel (,"cluding police and
code-compliance officers) involved In each raid
�bseqUent to the first raid, HUt
F ANY CITY PERSONN
VOLVED INTHE BOAAD­
and Assess THOSE COSTS..wI�tttfte ope .
630.05 PERSUASIVE PRESUMPTION OF
PUBLIC NUISANCE.
The presence of these raise a persuasive
presumption of public nuisance upon which the city
council may act:
(a) The property has been raided by the police
an� controlled substances and/or drug parapher­
naha have been found by the police; and
(b) 1\ letter, informing the owner that controlled
substances and/or drug paraphernalia has been
found by the police at the property, and the potential
consequences if a slmHar activity occurs again at
the property, and such letter has been:
(1) Personally se�ed on the owner: or
(2) Sent by certified mail to the taxpayer of
record, as indicated in the City Clerk's office in the
case of a rental dwelling, and a return receipt card
has been received by the city; or
(3) Sent by certified mail to the taxpayer of
record, as indicated In the City Assessor's office in
. the case of an owner-occupied dwelling, and a
return receipt card has been received by the City;
and
(c) The same property is raided by the police
again within six months from the date of the first raid
and controlled substances and/or drug parapher­
nalia Is found in the raid by the police.
630.06 FINDINGS WITH RESPECT TO PROS-
T1TUTION. '
. The city determines that a public nuisance is
created whenever persons are repeatedly admitted
onto a property for the purpose of prostitution, n­
creased criminal activity occurs In the neighbor­
hood surrounding the property, Increased
pedegJrian and/or vehicular traffic occurs In the
neighborhood surrounding the property, and the
peace and quiet of residents IMng in the neighbor­
hood surrounding the property are disturbed.
630.07 ADMITIING FOR PURPOSE OF PROS­
TITUTION; PUBLIC NUISANCE; NOTICE 'AND
HEARING.
(a) Whenever a person is admitted onto a proper­
ty for the purpos� of prostitution, the city council
may declare by resolution that the property, after
notice to the owner and a public hearing, Is a public
nuisance.
(b) Notice of the public hearing shall be made to
the owner and shall consist of personal service or
the mailing of a certified letter to the taxpayer of
record, as Indicated in the City Clerk's office In the
case of a rental unit, or the City Assessor's office In
the case of an owner-occupied dwelling, and the
receipt by the city of a return receipt ca. d Indicating
the owner's having received such notice.
Such notice to the owner shall occur' at least
seven calendar days prior to the date of the public
hearing.
630.08 ABATEMENT OF NUISANCE; COSTS.
If the city council determines that a property is a
pub�ic nuisance, it m,ay. by r.esolution, in addition to
any other remedies available to the city at law or In
equity, authorize the inspections division, or other
appropriate city department to prohibit the occupan­
cy of the property by padlocking a portion of the
property or boarding the property up, whichever is
appropriate, for a period of up to one year from the
date council adopts the resolution.
U PTIO OF
1i rr .
630.10 FACTORS THAT WILL BE CON­
SIDERED IN MAKING THE DECISION TO IN-
mATE A BO RDUP/PADLOCK ACT10N WILL
BE:
(a) Each ch mu
ing or an Int nt to affic rr controll d bstance,
Trafflcklng ill be d ned 0 ry; 10 DOSS8S
Ion with intent to d , 10 on of con-
traband (with or drugs no pr ) th
Indicate n Int nt 0 d or po h n nt
to deliver or an nt to th location
proceSSing point or tr hlpment point; Iv) orage
of proceeds of a traffick ng operation; v) utilization
of the location a point In which or from which
controlled ubstance viol on e Initiated or con­
trolled.
(b) For a Boarduplp ctton to be In ed
upon the execution of a second arch warrant, the
non-resident owner(s)Aaxpayer(s) must have been
notified of the rst ch warrant execution and the
res dent at th time of the second warrant execution
must be the same at the time of the 1Irst search
warrant execution or must be shown that the
owner(s)/taxpayer(s) knew or should have known
of the use that w ng made of the notiflcatJon
letter shall be provided to the owner(s�axpayer(s).
A third search warrant execution at such location
will resutt In the Initiation of a forfeiture action and
or a public nuisance padlock action against the
location regard of the status of the resident.
630.10 APPEAL
(A) AN OWNER AGGRIEVED BY ANY FINAL
DECISION OR ORDER OF COUNCIL UNDER
SECTION 630.04 OR SECT10N 630.08 MAY AP­
PEAL THE DECISION OR ORDER TO THE CIR­
CUIT COURT WITHIN TEN (10) DAYS FROM THE
DATE OF THE DECISION. '
(B) THE CIRCUIT COURT SHALL REVIew
COUNCIL'S DECiSION �' TERMINE
. WHETHER AN ERROR OF , FRAutYOR
, ABUSE OF DISCRETION EXt T
630.12 LOITERING IN PlACES WHERE CON-
TROLLED SUBSTANCES OR DRUG
PARAPHERNAUA IS SOLD, USED, ETC.
(a) No person shall knowingly loiter about any
building, house, vacant lot, street. curb lawn, alley,
yard, department store, automobll., boat,
boathouse, airplane or other place where controlled
substances or drug paraphernalia Illegally sold,
used, dispensed, furnished, given ftNay or storec1
(b) ·Controlled substance: shall be defined as tt
Is In the Controlled Substance Ad. of the State of
Michigan, M.C.LA. 333.7101 at. $8q., a amended.
630.13 FREQUENTING PLACES WHERE
CONTROLLED SUBSTANCES ARE MAIN­
TAINED, STORED, ETC.
No person shall knowingly attend, frequent,
operate or be occupant of any place, InclUding a
structure, hou�e, building, premises, or vehicle,
where any maintaining or storing, buying, selling,
giving 8W.ay, trading or using of any controlled sub­
stances, as defined and prohibited by Federal,
State or Local law, occurs.
630.99 PENAL TV.
(EDITOR'S NOTE: Section 202,99 for general
Code penalty if· no specific penalty Is prOvided).
Whoever violat88 'Section 630.12 shall be sub­
Ject to the following penalties:
(a) For a first violation, a 1Ine of not less than one
hundred seventy-five dollars ($175.00) nor moore
than five hundred dollars ( 500.00). and Imprison­
ment for not less than seven days nor more than
ninety days;
(b) For a second violation, a,1Ine of not less than
three hundred dollars ($300.00) nor more than fIVe
hundred dollars ($500.00), and Imprisonment for
not less than thirty days nor more than ninety days;
and '
(c) For a third or subsequent violation, a fine of
nottess than four hundred dollars ($400.00), nor
more than five hundred dollars ($500.00), end Im-
prisonment for not more LESS than sixty days nor
more than ninety days. .
. Section 2. All ordinances or P.arts of ordinances
Inconsistent with the provisions hereof are hereby
repealed.
Section 3. This ordinance shall take effect thirty
(30) days from its passage un given Immediate
effect by City Council.
LEGAL NOnCE
BUILDING AND HOUSING CODe
The City of Highland Park'Ordalns:
,REGISTRATION OF RENTAL PROPERTY;
INSPECTION
1448.01 RENTAL PROPERTIES.
(a) Registrv. The Community Development shall
maintain a registry of owners of an rental dwellings
and units Including multiple, Inglefamlly and two­
family dwellings, and lodging houses containing
three or more dwelling units, efficiency dwelling
units or gue rooms, or a combination thereof,
except .owner-occupled ngle-famlly or twofamlly
dwellings. Owners ubject to this section shall
register their nam and p. 01 ence or u
rAACII","il.NA
an em
me.
Inspections may conducted on one or mor
of the following ,
(1) An ar Is, uch th t all regulated
pram in a predetermined geographical II
be Inspected multaneoWly or n a art pertod
of time.
(2) A complaint such compl of
violations II be Inspected within a reasonable
time; and .
(3) A recurrent violation
premises which • found to h h gh incidence
of recurrent or uncorrected violations will be In­
spected more frequently.
Th owner or ag nt hall en ur. that the
pram regu eel by this section are acce b
for Inspection during nann wortdng hours of the
City Inspector's Offtce except that an occupant of
the premises may allow I pectIon at any time.
1448.03 FEES. The City charge nonrefun-
dable fee for inspection and/or reg lon, which
fees be by resolution of Council and which
shaD be paid at the time of reg ration and In
advance of paction.
1448.04 VlOLADONS AND PENALDES.
(a) A person, Including an owner or tenant. an
offtcer, director or emplo¥ea of
- .
Amendm ntto Ordinance Section 890.04 (b) (1)
890.05
(b) 0 . Th tax applie to th foil
ng typ of income of a nonresident Ind dual to
me extent and on the same th t
Income I ub act to taxation under th Fed
I m Revenue Code:
(1) A salary, bonu , wage, comm ion fee or
other compensatJon for services rendered as an
employee or Independent contractor for work done
or ervlces performed In or for the City, not-
andlng where the work or services performed
actually physically carried out,
Vacation pay, holiday pay, sick pay and bon
d by the employer are deemed to have the sam.
tax Itus as the work assignment or work location
and 818 taxable on the same ratio. as the normal
ngs of the employee for work actually done or .
services actually perfonned.
(2) A distributive hare of the net profit of.
non dent owner of an unincorporated busln
profession, enterprise, undertaking or other activity,
resutt of work done, services rendered Or other
ness activities conducted In or for the City; and
(3) Capital Gains (I ss capital losses) from sales
C]f, and or the net profits from rentals of, real and
tanglbl personal property, if such arise from
property located In the City.
(4) Former Ordinance Section 890.04 (b) (1) &
890.04 (b) (2) are hereby repealed.
890.05 Corporations
The tax Imposed by this chapter applies to the
taxable net profits of a corporation doing busl
In or for the City, beln levied, on such part of t
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July 23rd, �992 at 7:0,0 P.M.
in
. .
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