Madison Charter Township Ordinance #46

Madison Charter Township Ordinance #46 AN ORDINANCE TO ADOPT THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, IN PART, FOR THE CHARTER TOWNSHIP OF MADISON, LENAWE COUNTY, MICHIGAN; TO PROVIDE FOR THE ENFORCEMENT THEREOF; TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THIS ORDINANCE. THE CHARTER TOWNSHIP OF MADISON ORDAINS: SECTION 1. ADOPTION OF CODE. Pursuant to the authority granted by law, Madison Charter Township hereby adopts by reference the following parts of the International Property Maintenance Code, 2021 edition (IPMC): Chapter 1, Chapter 2, Chapter 3 Sections 301, 302.1, 302.3, 302.4, 302.5, 302.7, 302.8, 303, 304.1.1 304.4, 304.5, 304.6, 304.7, 304.8, 304.9, 304.10, 304.11, 304.12, 304.16, 307, 308, and 309, Chapter 5 Sections 502.1, 504.1, 505.1, 505.4, 506.1, 506.3, 507.1, and Chapter 6 Section 603, as published by the International Code Council. SECTION 2. APPENDICES ADOPTED. Appendices A and B of the 2021 International Property Maintenance Code are hereby adopted as part of this ordinance. SECTION 3. REFERENCES IN THE IMPC References in the IMPC to "authority" or "appointing authority" or similar terms shall mean the Madison Charter Township Board of Trustees; references to "code official" shall mean the Charter Township of Madison Building Official, Zoning Administrator or any other authorized personnel by the Madison Charter Township Board of Trustees established through resolution; references to "department" shall mean the administrative department headed by the Madison Charter Township Clerk. SECTION 4. REVISIONS The following sections are hereby revised: A. Section 101.1: Insert: Charter Township of Madison, Lenawee County, State of Michigan B. Section 104.1: Delete and insert the followinThe Charter Township of Madison Board of Trustees may establish by resolution a schedule of fees for activities and services performed by the department in carrying out its responsibilities under this code. Such schedule may be amended from time to time. Fee schedules shall be published in the manner as required by law and except as otherwise provided by law, shall be effective on the day after publication. C. Section 110.4. Delete and replace with the following: Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines as specified in the fee schedule adopted by resolution of the Charter Township of Madison Board of Trustees. SECTION 5. PENALTIES. A. Any person violating any provision of the IPMC, as adopted in this Ordinance, shall be deemed: i. Guilty of a misdemeanor. Penalties may be imposed up to ninety (90) days incarceration in the County Jail , fines up to five hundred dollars ($500.00), plus the costs of prosecution. ii. Responsible for a civil infraction. Penalties may be imposed in fines as set forth in the Charter Township of Madison Civil Infractions Ordinance, plus the costs of prosecution. B. The decision to charge the alleged violator with a misdemeanor or a civil infraction as a result of a violation of this Ordinance shall be at the sole discretion of the Township. C. Each day that a person violates the provisions of this Ordinance or the terms and conditions of any permit or approval issued pursuant to this Ordinance shall constitute a separate violation. D. In addition to the foregoing, any violation of the IMPC, as adopted in this Ordinance, shall be deemed a nuisance per se, permitting the Township Trustees, its officers, agents or any private citizen to take such action in any Court of competent jurisdiction to cause the abatement of such nuisance, including injunctive relief. Further, upon a determination by a court that a person has violated the IMPC, as adopted in this Ordinance, thereby creating a nuisance per se, the Township shall be entitled to its actual attorney fees incurred in seeking abatement of the nuisance. SECTION 6. SEVERABILITY. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Charter Township of Madison Board of Trustees hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7. PUBLICATION. The Madison Charter Township Clerk is hereby ordered and directed to cause this legislation to be published in the manner as required by law and except as otherwise provided by law, shall be effective on the day after final publication. December 24 2025 LPET0428536