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HOUSE BILL NO. 6178
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 4q (MCL 117.4q), as amended by 2024 PA 83.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4q. (1) A city that has a population of 7,500 or more and 1
is located in any county, or a city that has a population of 3,300 2
or more and is located in a county that has a population of 3
1,500,000 or more, may establish an administrative hearings bureau 4
to adjudicate and impose sanctions for violations of the charter or 5
July 03, 2026, Introduced by Reps. Alexander, Tisdel, Kuhn and Frisbie and referred to Committee
on Finance.
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ordinances designated in the charter or ordinance as a blight 1
violation. The bureau may accept admissions of responsibility for 2
blight violations. Pursuant to a schedule of civil fines and costs, 3
the bureau may collect civil fines and costs for blight violations. 4
(2) The expense of operating an administrative hearings bureau 5
is borne by the city establishing the bureau. 6
(3) An administrative hearings bureau does not have 7
jurisdiction over criminal offenses, traffic civil infractions, 8
municipal civil infractions, or state civil infractions. The bureau 9
and its hearing officers do not have the authority to impose a 10
penalty of incarceration and may not impose a civil fine in excess 11
of $10,000.00. This section does not authorize a proceeding against 12
a foreclosing governmental unit as that term is defined under in 13
section 78 of the general property tax act, 1893 PA 206, MCL 14
211.78, or an authority created under the land bank fast track act, 15
2003 PA 258, MCL 124.751 to 124.774. The city may waive a fine for 16
a blight violation at an owner-occupied dwelling for a first time 17
offender of a blight ordinance, if the offender has corrected the 18
circumstances for the violation. 19
(4) A city that establishes an administrative hearings bureau 20
under this section shall establish by ordinance the jurisdiction of 21
the bureau for adjudicating alleged blight violations, making 22
determinations of responsibility, and imposing sanctions upon on 23
those found responsible for a violation. The city may designate 24
only a violation of any of the following types of ordinances as a 25
blight violation: 26
(a) Zoning. 27
(b) Building or property maintenance. 28
(c) Solid waste and illegal dumping. 29
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(d) Disease and sanitation. 1
(e) Noxious weeds. 2
(f) Vehicle abandonment, inoperative vehicles, vehicle 3
impoundment, and municipal vehicle licensing. 4
(g) Right-of-way signage. For purposes of this subdivision, 5
right-of-way signage violation means the placement of signage in a 6
right-of-way without a proper permit from the city. 7
(h) An ordinance that is substantially the same as sections 8
138 to 142 of the housing law of Michigan, 1917 PA 167, MCL 125.538 9
to 125.542. 10
(5) To initiate a proceeding for a blight violation, the city 11
shall issue and serve upon on an alleged violator a written 12
violation notice on which an authorized local official records the 13
occurrence or existence of 1 or more blight violations by the 14
person cited and that directs the named person to pay a civil fine 15
for the violation or appear at the administrative hearings bureau 16
as provided in this section. A violation notice to appear at an 17
administrative hearings bureau must be treated as made under oath 18
if the violation alleged in the notice occurred in the presence of 19
the authorized local official signing the violation notice and if 20
the notice contains the following statement immediately above the 21
date and signature of the official: "I declare under the penalties 22
of perjury that the statements above are true to the best of my 23
information, knowledge, and belief.". An authorized local official 24
may issue a violation notice to appear if, based upon on 25
investigation, the official has reasonable cause to believe that 26
the person is responsible for a blight violation and if the city 27
attorney or an assistant city attorney approves in writing issuing 28
the violation notice. 29
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(6) If a city has a rental inspection program with which a 1
landlord must register to rent premises for residential purposes 2
and if a landlord of premises rented in the city for residential 3
purposes is registered with the city's rental inspection program, 4
the city shall not issue a blight violation notice during an 5
inspection of the premises unless either of the following occurs: 6
(a) The landlord is given a written correction notice of the 7
violation and a reasonable opportunity to correct the circumstances 8
before a reinspection of the premises or a date specified in the 9
notice. 10
(b) The violation is a direct result of the landlord's action 11
or inaction and creates an emergency that presents an immediate 12
risk of harm to people or damage to property including, but not 13
limited to, a flooded basement or premises without heat. 14
(7) A city that does not have a rental inspection program, or 15
does not require a landlord to register as part of a rental 16
inspection program, shall not issue a blight violation notice to a 17
landlord of premises rented in the city for residential purposes 18
during an inspection of the premises unless either of the following 19
occurs: 20
(a) The landlord is given a written correction notice of the 21
violation and a reasonable opportunity to correct the circumstances 22
before a reinspection of the premises or a date specified in the 23
notice. 24
(b) The violation is a direct result of the landlord's action 25
or inaction and creates an emergency that presents an immediate 26
risk of harm to people or damage to property, including, but not 27
limited to, a flooded basement or premises without heat. 28
(8) The person named in the violation notice shall appear on 29
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or before the time specified in the violation notice and may 1
respond to the allegations in the notice, as follows: 2
(a) If the alleged violator wishes to admit responsibility for 3
the blight violation, the person may do so by appearing in person, 4
by representation, or by mail. If appearance is made by 5
representation or mail, the administrative hearings bureau may 6
accept the admission as though the person personally appeared. Upon 7
acceptance of the admission, a hearing officer may order any of the 8
sanctions permitted under this section. 9
(b) If the alleged violator wishes to deny responsibility for 10
the blight violation, or admit responsibility with an explanation, 11
the person may do so by appearing in person on the date scheduled 12
for the administrative hearing for the purpose of adjudicating the 13
alleged violation. 14
(c) If the alleged violator fails to appear, a decision and 15
order of default may be entered. 16
(9) If an admission of responsibility is not made and the 17
civil fine and costs, if any, prescribed by charter or ordinance 18
for the violation are not paid at the administrative hearings 19
bureau, and the alleged violator fails to appear at a hearing 20
scheduled in accordance with this section, a final decision and 21
order of responsibility in the amount of the prescribed civil fine 22
and costs may be issued by the administrative hearings bureau. 23
(10) The city establishing an administrative hearings bureau 24
shall establish rules and procedures for an alleged violator to set 25
aside the entry of a decision and order of default. 26
(11) The ordinance establishing the bureau must provide for 27
adjudicatory hearings by hearing officers. Each hearing officer 28
must be an attorney licensed to practice law in this state for at 29
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least 5 years. Hearing officers must be appointed in a manner 1
consistent with the charter of the city for the appointment of 2
other municipal officers or employees and must only be removed for 3
reasonable cause. Before conducting administrative adjudication 4
proceedings, administrative hearing officers must successfully 5
complete a formal training program which that includes all of the 6
following: 7
(a) Instruction on the rules of procedure of the 8
administrative hearings that they the hearing officers will 9
conduct. 10
(b) Orientation to each subject area of the ordinance 11
violations that they the hearing officers will adjudicate. 12
(c) Observation of administrative hearings. 13
(d) Participation in hypothetical cases, including ruling on 14
evidence and issuing final orders. 15
(e) The importance of impartiality in the conduct of the 16
administrative hearing and adjudication of the violation. 17
(f) Instructions on the preparation of a record that is 18
adequate for judicial review. 19
(12) The authority and duties of a hearing officer include all 20
of the following: 21
(a) Hearing testimony and accepting evidence that is relevant 22
to the existence of the blight violation. 23
(b) Issuing subpoenas directing witnesses to appear and give 24
relevant testimony at the hearing, upon request of a party or a 25
party's attorney. 26
(c) Preserving and authenticating the record of the hearing 27
and all exhibits and evidence introduced at the hearing. 28
(d) Issuing a determination, based upon on the evidence 29
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presented at the hearing, whether a blight violation exists. The 1
determination must be in writing and must include written findings 2
of fact, a decision, and an order. The city has the burden of 3
establishing the responsibility of the alleged violator by a 4
preponderance of the evidence. Unless the burden is met, the matter 5
must be dismissed. A decision and an order must not be made except 6
upon consideration of the record as a whole or a portion of the 7
record as may be cited by any party to the proceeding and as 8
supported by and in accordance with the competent, material, and 9
substantial evidence. A decision and order finding the alleged 10
violator responsible for the violation must include the civil fine, 11
if any, or any action with which the violator must comply, or both. 12
(e) Imposing reasonable and proportionate sanctions consistent 13
with applicable ordinance provisions and assessing costs upon a 14
finding that the alleged violator is responsible for the alleged 15
violation. The maximum monetary civil fine allowed under this 16
section excludes costs of enforcement or costs imposed to secure 17
compliance with the city's ordinances and is not applicable to 18
enforce the collection of any tax imposed and collected by the 19
city. 20
(13) In addition to fines and costs imposed under subsection 21
(12), the hearing officer shall impose a justice system assessment 22
of $10.00 for each blight violation determination. Upon payment of 23
the assessment, the city shall transmit the assessment collected to 24
the state treasury to be deposited into the justice system fund 25
created in section 181 of the revised judicature act of 1961, 1961 26
PA 236, MCL 600.181. 27
(14) A party must be provided with the opportunity for a 28
hearing during which the party may be represented by counsel, 29
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present witnesses, and cross-examine witnesses. A party may request 1
the hearing officer to issue subpoenas to direct the attendance and 2
testimony of relevant witnesses and the production of relevant 3
documents. Hearings must be scheduled with reasonable promptness, 4
except that for hearings scheduled in all nonemergency situations 5
the alleged violator, if the alleged violator requests, must have 6
at least 14 days after service of process to prepare for the 7
hearing. For purposes of this subsection, "nonemergency situation" 8
means any situation that does not reasonably constitute a threat to 9
the public interest, safety, or welfare. If service is provided by 10
first-class mail, the 14-day period begins to run on the day that 11
the notice is deposited in the mail. 12
(15) In an administrative hearing under this section, the 13
rules of evidence as applied in a nonjury civil case in circuit 14
court must be followed as far as practicable, but the hearing 15
officer may admit and give probative effect to evidence of a type 16
commonly relied upon on by reasonably prudent persons in the 17
conduct of their affairs. Irrelevant, immaterial, or unduly 18
repetitious evidence may be excluded. Effect must be given to the 19
rules of privilege recognized by law. Objections to offers of 20
evidence may be made and must be noted in the record. Subject to 21
these requirements, the hearing officer, for the purpose of 22
expediting hearings and when if the interests of the parties will 23
not be substantially prejudiced, may provide in an administrative 24
hearing or by rule for submission of all or part of the evidence in 25
written form. 26
(16) Any final decision by a hearing officer that a blight 27
violation does or does not exist constitutes a final decision and 28
order for purposes of judicial review and may be enforced in the 29
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same manner as a judgment entered by a court of competent 1
jurisdiction. 2
(17) A party may file an appeal within 28 days after entry of 3
the decision and order by the hearing officer. An appeal of a final 4
decision and order of an administrative a hearing officer is to the 5
circuit court. 6
(18) An alleged violator who appeals a final decision and 7
order to circuit court shall post with the administrative hearings 8
bureau, at the time the appeal is taken, a bond equal to the fine 9
and costs imposed. A party who has paid the fine and costs is not 10
required to post a bond. If a party who has posted a bond fails to 11
comply with the requirements of supreme court rules for an appeal 12
to the circuit court, the appeal may be considered abandoned, and 13
the bureau may dismiss the appeal on 7 days' notice to the parties. 14
The administrative hearings bureau shall promptly notify the 15
circuit court of a dismissal, and the circuit court shall dismiss 16
the claim of appeal. If the appeal is dismissed or the decision and 17
order are affirmed, the administrative hearings bureau may apply 18
the bond to the fine and costs. An appeal by the city must be 19
asserted by the city's attorney and a bond is not required. 20
(19) An appeal to circuit court must be a review by the court 21
of the certified record provided by the administrative hearings 22
bureau. Pending appeal, and subject to the bond requirement under 23
subsection (18), the hearing officer may stay the order and any 24
sanctions or costs imposed. Once an appeal is filed, and subject to 25
the bond requirement under subsection (18), the court may stay the 26
order and any sanctions or costs imposed. The court, as 27
appropriate, may affirm, reverse, or modify the decision or order, 28
or remand the matter for further proceedings. The court shall hold 29
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unlawful and set aside a decision or order of the hearing officer 1
if substantial rights of an alleged violator have been prejudiced 2
because the decision or order is any of the following: 3
(a) In violation of the constitution or a statute, charter, or 4
ordinance. 5
(b) In excess of the authority or jurisdiction of the agency 6
as conferred by statute, charter, or ordinance. 7
(c) Made upon unlawful procedure resulting in material 8
prejudice to a party. 9
(d) Not supported by competent, material, and substantial 10
evidence on the whole record. 11
(e) Arbitrary, capricious, or clearly an abuse or unwarranted 12
exercise of discretion. 13
(f) Affected by other substantial and material error of law. 14
(20) Except as otherwise provided in subsection (21) or (22), 15
if the civil fine and costs imposed against a person under this 16
section are $1,000.00 or more and the person does not pay the civil 17
fine and costs imposed within 30 days after a final decision and 18
order of the hearing officer or of the circuit court under this 19
section, the person is subject to the following: 20
(a) For a first violation, the person is responsible for a 21
state civil infraction and may be ordered to pay a civil fine of 22
not more than $500.00. 23
(b) For a second violation, the person is guilty of a 24
misdemeanor punishable by imprisonment for not more than 93 days, 25
or a fine of not more than $500.00, or both. 26
(c) For a third or subsequent violation, the person is guilty 27
of a misdemeanor and may be imprisoned for not more than 1 year and 28
shall be fined $500.00. 29
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(21) Subsections (20) and (25) do not apply to any of the 1
following that becomes the owner of a property after foreclosure or 2
after taking a deed in lieu of foreclosure: 3
(a) A government-sponsored enterprise. As used in this 4
subdivision, "government-sponsored enterprise" means that term as 5
defined in 2 USC 622(8), or the Michigan state housing development 6
authority created under the state housing development authority act 7
of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c. 8
(b) A financial institution. As used in this subdivision, 9
"financial institution" means that term as defined in section 4(c) 10
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004. 11
(c) A For 6 months after the effective date of the residential 12
mortgage licensing and supervision act, a mortgage servicer, as 13
that term is defined in section 1a of the mortgage brokers, 14
lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651a, 15
that is subject to the mortgage brokers, lenders, and servicers 16
licensing act, 1987 PA 173, MCL 445.1651 to 445.1684. 17
(d) Beginning on the effective date of the residential 18
mortgage licensing and supervision act, a mortgage servicer, as 19
that term is defined in section 5 of the residential mortgage 20
licensing and supervision act, that is subject to the residential 21
mortgage licensing and supervision act. 22
(e) (d) A credit union service organization that is organized 23
under the laws of this state or the United States. 24
(22) Subsections (20) and (25) do not apply to the owner of a 25
property if, at the time the civil fine and costs are imposed 26
against the owner, the owner had filed a principal residence 27
exemption affidavit as provided under section 7cc of the general 28
property tax act, 1893 PA 206, MCL 211.7cc, certifying that the 29
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property is owned and occupied as a principal residence by that 1
owner. 2
(23) An entity described in subsection (21) that becomes the 3
owner of a property after foreclosure or after taking a deed in 4
lieu of foreclosure shall adhere to all ordinances relating to 5
vacant property or blight violations adopted by the city that 6
established an administrative hearings bureau under this section. 7
(24) As used in subsections (20) and (25), "person" means an 8
individual, partnership, corporation, limited liability company, 9
association, or other legal entity. Person includes the partners or 10
members of a firm, a partnership, or an association and the 11
officers of a corporation. 12
(25) Except as otherwise provided in subsection (21) or (22), 13
if a hearing officer or circuit court grants a final decision and 14
order under this section finding a person in violation of a blight 15
ordinance under subsection (4) and the person fails to correct the 16
violation no later than 30 days after the final decision and order 17
is granted, the person is guilty of a misdemeanor punishable by 18
imprisonment for not more than 90 days, a fine of not more than 19
$500.00, or both. 20
Enacting section 1. This amendatory act does not take effect 21
unless House Bill No. 6177 (request no. H05171'25) of the 103rd 22
Legislature is enacted into law. 23