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Ex. DUT-MI-007 Standing duty Primary source read

MCL 333.2455, Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order

Public Health Code sec. 2455: orders to abate a building or condition that violates health laws or is a nuisance, unsanitary condition or cause of illness

Michigan Legislature (Public Health Code, 1978 PA 368, Part 24) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Public Health Code Part 24
Issued
1978-09-30 Sept. 30, 1978
Effective
1978-09-30
End
standing (read as 2021-09-30)
In force
Standing since Sept. 30, 1978 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding duty
Addressees
  • owners or persons in control of premises; occupants
Character
sanitary code duty
Collection
Standing duties: Michigan DUT-MI

Operative words

A local health department or the department may issue an order to avoid, correct, or remove, at the owner's expense, a building or condition which violates health laws or which the local health officer or director reasonably believes to be a nuisance, unsanitary condition, or cause of illness.

Penalty

Abatement at the owner's expense, assessed against the property; court-ordered abatement; MCL 333.2261 and 333.2461 penalties

What it required

Bound the owner and occupant of premises to correct, at the owner's expense, any building or condition the health officer reasonably believed to be a nuisance, unsanitary condition or cause of illness; on non-compliance the department may abate it under warrant and assess the cost against the property like taxes, and a court may order removal or abatement at the defendant's expense (subsections (2)-(4)).

Retrieval note

Subsection (5): 'This section does not affect powers otherwise granted to local governments.' The provision is the standing vehicle by which a premises whose operation violated an epidemic order ('violates health laws') could be ordered corrected or closed independent of the order's own penalties.