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2017-01

14037 EAST W AVENUE


PROPERTY MAINTENANCE/DANGEROUS BUILDING REPORT
MUNICIPALITY: WAKESHMA ADDRESS: 14037 E W AvE INSPECTOR: C. HAMILTON
EXTERIOR PORFERWAREAS
Sanitation
itter, garbage or waste LARGE AMOUNTS - SEE PICS

Weeds or tall grass grater that 8" YES. SEE PICS


Sidewalks/Driveways
;ignificant cracks in pavement CANNOT ACCESS
broken areas CANNOT ACCESS
uneven slabs creating a possible trip ha:zarde CANNOT ACCESS
Accessory Structures: fences, detached garages, sheds, retaining walls
structurally sound NO SEE PICS
peeling or flaking paint YES SEE PICS
rusting surfaces yts SEE PICS

'r,rissing or unsecured components YES sEE PICS


EXTERIOR OF PRINCIPAL STRUCTURE
Street Numbers
visible from street and at least 3" in height NO
Exterior - Genetal
peeling, flaking paint YES SEE PICS
exterior fi nishes with holes/breaks YE5 SEE PICS
deterioration YES SEE PICS
missing or unsecured components YES sEE PICS
Foundation walls
cracks/breaks CANNOTACCESS
tuckpointing CANNOTACCESS
Windows and Doors
Elass with cracks and breaks YES SEE PICS
trlm with deterioration YES sEE PICS
peeling flaking'paint YES SEE PICS
screens NO SEE PICS
Roofs
loose shingles STEEt SEE PICS
worn, missing or unsecured rooflng materlals YE5 sEE PICS
fleshing NO SEE PICS
fascia and soffits YES NOT PROTECTED
Drainage
gutters and downspouts NO SEE PICS
disconnected, unsecured and missing sections
guttering with an accumulatlon of leaves/debrls
Chimneys
tuckpointing
plumb
Porches/Decks

Other THIS PROPERTY IS VIOTATION OF WAKESHMA TWP


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14037 E W AVE Fi,rLTclN, MI 490.i2 {Froperty Addrcss)
Parcel Number 16-15-360-050

Property Owner: RHOADES BRAD


Smmdry lnfomotion
> Residential Euilding Summary Assessed Value: 311,800 | Tareble Value: $I,6&l
- N,'A
Yrar Suiltr - Bedrooryrsi 0 Prop€rty Tax information found
full llaths:l H6lf Barh3 0
- <q Fcct:3,110 - Acres:0110

Item 1 of8 6 Imag€s / 2 Sketcher

i :'"', l-r*i .r r''r.i T;t r:ai'e' in k:r rir: i iciri

Owner RHOADES BRAD Taxplycr SEE OWNER INFORMA]ION


PO BOX 74
FULTON. MI 49052-0074

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li:..i'r.l :ii;til lij!iti_{ri r;,"\iaiiiir.r''1.-.ri,1]lil,. li.rit ri:{,i,..iii1.;:tJ,-arLfrr.t"l

lcr.3llil lp1f. ii jr{.}i.r ; i1s urrlrfJ ;l di jii-rt : ri lay!.tir,t ;at{l


you (an dhanq€ vour anticipated payricri Cale ir order to reca'cuhte arnounts Cus as of the speci{ied Cate for this propeny.

[nter a Payfnent Date lf)/6/2}f7 Recalculate

i:{ r irJ:ori l

[! **Note: on March L at 12:00 AM, local taxes become ineligible for payment at the localunit.

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I r. !':iri l.'1;ij lrr
24fl Summs $17.61 $0.00 $1253
2016 Winter t63.18 10.00 S63.18 o nsad wote Absve
2016 Summer $17.15 t17.15 09/L9/20L6 $0.00
2015 Winter s64.36 10.00 f64.36 tr Read Note Above
?015 Summer $18.63 f0.00 $18.63 - Read Not. Above

?014 Winter $57.82 $0.00 $97.82 * Rcad NoteAbove

20t4 Summer $18.3s $o.oo 113.35 *'R6rd Note Abov€


20L3 Winter $54.54 10.00 $!l.5rl - Read NoteAbov€

2013 Summet $18.06 $0.00 $1&06 **Read NoteAbove

20L2 Winter $53.23 t0.00 $t3.23 * Rcrd NoteAbove


2012 Summer f17.65 $0.00 $17,65 H Read NoteAbovc

2011 Winter $s0.65 s0.00 $50.65 * R€ad Note Abave

2011 Summer $17.18 t0.00 tft.lg * R€ad NoteAbove


2010 Winter |49.77 $0.00 949.77 * Read NoteAbov€

2010 Surnmer f16.90 $0.00 t16.90 " Read NoteAb6ve

2@9 Winter $49.88 $o.oo $49.88 * Read Norc Above

?009 Summer lLS.57 f1s.s7 09/70/2W9 $o3o


2008 winter $qs.rs lo.oo 148.16 d Read NoreAbove

2008 Summer f16.39 $0.00 $15.39 "'ReadNoreAbov€


2007 Wint€r $46.56 $0.00 146.56 * Read Note Abov€
2OO7 Summer $15.89 $0.00 31t.89 - Resd NoteAbove
2006 Winter t46.96 $0.00 345.96 - Read Noie Above

2006 Summer $13.08 $0.00 f13.O8 '. Read NorsAboye

2005 Winter $47.05 $0.00 147.05 * Read t{ote Above

2005 Summer $r0.s0 t0.00 $10,50 - Read Note Above

zO04 Winter $47.15 $0.00 i47.15 " nead Note Abore


2004 Summer $6.14 $o.oo $&14 H Read Note Above
2003 Wnt€r s46.72 $0.00 146.12 '" R€ad Note AbovE

2003 Sunimer $6.64 t0.00 $6.64 * Read Note Abore

2OA2 Wlnter $s298 s0.00 152,98 e Read NoteAbove

2001 Wintor $51.01 $0.00 $51.01 "" Read NoreAboye


2000 Winter t49.62 fo.oo t49.62 * nerd Note Abov€

*DbdI.mfBs&AsoftwaEPru1cesAggslrtyGovromasawayfo'municipa|it.Htodi5Playidom.tionon|ineard.n9trPoNib|e'orthc.orcd9ra
iefomnce only ad WTIHOUT WAnRANTY cf arry kin4 €xpBsad or intmd. Plc€$ @ntact yoqr lo@l municipElity if )& belire thcrc a[ m6 in the data.

Copyright O 2017 B58rA Sottwarc. Inc


Received in Kalamazoo, MlSep 21,2016 03:17 PM 2016-031077 CTR
Agl21nV6 03:18:49 PM Page 1 of 1
Timothy A. Snow County Clerk/Register
Kalamazoo County, Ml

tdlcnlgan oepaatrert of Treasury, LPE Thls bm ls igsued under the authorltv


t€2? {640} of MCL, Section 211.789

COUNTY TREASURER REDEMPTION CERNFICATE

Name of owner
Property lD No. 16-15-360-050 according to tax record RHOADES BRAD

Property Description:
sEc 15-4-9 BEO 163.5 Fr E OF SW COR SEC 15 TH E 50 Ff N 100 FT W 50 FT S 100 FT rO
BEG .11A

Total amount of delinquent taxes, penalties, interest and fees necessary to redeem the parcel
358.05

Under the provisions of Section 211.789(5), I hereby certify, that on 09/09/L6 , the sum stated
above was the amount necessary to redeem the foregoing OescriOeO parcet of tand and that
RHOADES BRJAD has paid that amount to my office.

This redemption certificate is issued to rernove the parcel in question from the Certificate of Forfeiture previously
issued and recorded at Doc 2016-011515 referencing tax year/s _ZOL!-

I(AIAMAZOO County Treasurer

Gounty Treasurer's Office, Kalannazoo Michigan, o4/Lr/zoLG

Prepared By: rature of County Treasurer


KAI.AIIAZOO COUNTY TREAST'RER ,6a-o<er"rro-
![ARY BALI(EIITA
201 It KALAT{AZOO A\tE Printed Name of County Treasurer Date
KAI,EII{AZ@ MI 49007
Mary Balkerna 09/2t/201-6
WAKESHMA TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN

TO: Brad Rhoades


P. A. Box74
Fulton, Ml49052

Parcel No: 1 6-1 5-360-050


Address: MA37 East W. Avenue, Futton, Ml

Case No. 2017-01

PLEASE TAKE NOTICE that pursuant to Section Vl of the Wakeshma Township Ordinance
Number 30, as amended, entitfed "Dangerous Buildings Ordinance" and the statutes of the
State of Michigan, a hearing regarding the land and premises situated at1403T EastWAvenue,
Fulton, Michigan (Case No. 2017-01) including all buitdings and accessory buildings located
thereon within Wakeshma Township will be held before the Dangerous'Building! Hearinj
Otficeron the 26ft day of October, zcill at6:00 p.m. atthe Wakeshira Township Hall, located
at 13988 s.42nd street, Fulton, Ml Michigan *ithin the Township.
PLEASE IAKE FURTHER NOTICE that the purpose of the hearing is to provide you with an
opportunity to show cause before the Wakeshma Township Dangerous Hearing Offiterwhy the
said structure or structures and outbuildings, if any, should not be demdlished, properly
maintained or othenruise made safe.

PLEASE TAKE FURTHER NOTICE that the Wakeshma Township Dangerous Buildings
Hearing Officer is empowered to determine whether the structure(s) locatedon the premisEs
above constitute dangerous buildings as defined by the Dangerous Buildings Ordinance and
may order the structures be demolished, properly maintained or othenrvis6 made safe. The
Hearing Officer shall file a report of his findings and request that the necessary action be taken
by the Wakeshma Township Board to dernolish, othemyise make safe, or prop'erty maintain
the
building or structure.

PLEASE TAKE FURTHER NOTICE thatyour failure or refusal to attend this hearing
or to
comply with the dEcisions or order(s) of the Hearing Officer may result in the structure or
buifding(s) being demolished or otherwise made site uy action of the Township Board,
and the costs thereof being assessed upon the tax rolfl as a tien against the property.
Chargeable costs include notice and mailing costs; hearing officei and witness'time,
attorney's fees and actual costs of demolition or making safe incurred by the Township.

Dated: October 9,2A17 Jason Qatfui

Wakeshma Township
Kalamazoo County, Michigan
www.wakesh matownsh ip.com
PROOF OF POSTING

I ceftify that I posted a copy-of this Notice on the property addressed as 14037 East
W
Avenue, Fulton, Mf October _15 , ZO1T, which posting iook place at least 10 days prior to
9n
the hearing date of October 26,2017,

r/-I -r

/u.'-.*
JI
pBear Priest, Ordinance Enforcement Officer

PROOF OF MAILING

I certify that I mailed a copy of this Notice to the property owner(s) at his/its last known
address according to the property tax rolls at Ma37 East W Avenue, Fulton, Ml via certified
mail, return receipt requested on October /t> . ZO1T.

,1 . ,t .")
.xlW,-t"l'r ?. /Ch:/uZ
E Susan E. Ritchie
WAKESHiIA TON'NSHIP, KAI-AN'AZOO COUIITY, ITiICHIGAN

oRp.FB OF THE pAN.c" ER9US Butlptilqg HE3RfNG. 9JFIqER

File No. 201741 Address: 14A37 East WAvenue


Fulton, M|49052

PARCEL NO. 1&15-360-050

Orners and parties in interest in eccordance with the Wakeshma Township Tax Rolls (lbt):

Brad Rhoades
P. O. Box 74
Fulton, Ml49052

Buildings: Z-story wlrite building

After a hearing conoeming_91


{leged violation of the Wakeshma Townshlp Dangerogs Buildings Ordinance on the
property addressed as14037 East W Arrenue, Fulton, Ml 49052, wiFrin the Torrnship (herelnafier identiffed as
p_r9!erty) hefd on Oc'tober 28,2017 during which the Hearing Officer took the'testimony of rhe Township
lfPi:A
Building official and r€ceivd evidence, the undersigned found as fofiows:
tr The Tonrnship made reasonable efforts to make personal contact with a property ouvneror ovun€rs.
E The buitding(s) or struoture(s) on the subject proparty were declared dangerous and substandard and vvere
posted ae unsafe on October 15, ZO1T.
tr All apparent owners had received ngqge ofSald hearing as required by Wakeshma Township Ordinance
Number 30, entitled "Dangerous Buildings Ordinance', Lnd thestatutei of the State of Michigan, and that
theapparentownersAspegf pdna! jepllnEC_gf -tg.Le_d.tg_as.pSat.

FINDINGS OF THE HEARING OFFICER


With respect to the allegatlon that the bulldlng(s) or gtructure(s| on the subject propeily constitub a
violation of the Dangerous Bulldlngs ordlnance, ilre undensigned found:
n A door, aisle passageway, stainray or other m€ans of exit does not conform to lha Township Fire Code.

F A portion of the building(s) or structure(s) is damaged by fire, wind, flood or other causes so that the
structunal-strength or stability of the building(s) or structure(s) is appreciably less than it was before the
9a-tastgRhe and does nol meet the minimum requirernentr of the Housing Law of the Stab sf Michigan, Act
NO. 167 of the PublicActs of 1917, as amended, being seclion 125.401rt r"q. of the Michigan C[rnpileO
Laws, or the Michigan Residential or Building Codes for a nern, building(s) or etruc{ure(s). -
n Part of the building(s) or Etructura(s) is likely to fall, beeome detached or dislodged, or collapse and injure
pensons ordamage property. ldentifo:

tr The building(s) or structure(s) is damaged by fire, wind or flood, or is dilapidated or deteriorated and
becomes en attrac'tive nulsance to children who might play in lhe buikling(s) oi structure(s) to their danler,
or becomes a harbor for vagranta, criminals or immoral persons, or ehaues persons to resort to the
building(s) or structure(s) for commifting a nulsance or an unlawful or immonal act.

ts A building(s) or structure(s) is vacant, dilapidated and open at door or window leaving the Int€rior of the
building exposed to the elements or accessible to entrance by trespassers.
n A building(s) or structure(s) rernainE unoccupied for a period of 180 consecutive days or longer, and is not
listed as being available for sale, leage or rent with a real estate broker licensed under Article 25 of the
Qggupational Code, Act No. 299 oJ the Public Acts of 1980, being $es:tions Ogg.2S01 et seq. of the
Michigan Compiled Laws, or is not publicly offered for sale by the owner
Wakeshma Township File No. 2A17/01
Order of the Dangerous Buildings Hearing Officer
Page2
/5^"
The Building Owner neffEE1ng,lnalntained the exterior of the building(s} or etructuie(s) and adjoining
grounds in accordancekillr+rr-e Housing Law of the State of Micl,rigan, Act No. 167 of the public Acts of
1917, as amended, being Section 125.401 et seq of the Michigan Complled Laws, and the Michigan
Residential or Building Codes.
tr The building(s) or struc{ure(s) on the subject property constitute a secondary dwelling of the ownerthat is
regularly unoccupied for a period of 1 80 days or longar Each year and ha owner has notified the l(alamazoo
County Sheriff s Department or the Kalamazoo County Sheriffs Department and the Wakeshma Township
Clerk that the dwelling would remain unoccupied for a period of 180 consecutive days or more each year.
The building ourner notified thE Wakeshma Township Police Department and Sre Township Clerk thatthe
building(s) or structure(a) would remain unoccupied for a period of 180 conEecutive days on

D The folloring building(s) or structur{s) can be rchebititated and made suitable for their inlended purposes:

The following building(s) o; structure(s) cannotTbe rehabiljtated.andrrpade suitable for thelr lntended
PurPoses:
Z dOry uJW$€rL Ov,ld,n1
2.- l
-/A
<*fnterested party(ies) aftended the hearing. Evidence profrered by the interested parly(ies) is
.
documented in the meeting minutes.
Wakeshma Township Fife No. 201741
Order of the Dangemus Buildings Hearing Officer
Page 3

WHEREFORE, lT lS HEREBY ORDERED that Sre follouring building(s) or structure(s) on the subjec{ property be
razed as permitted by the Township Dangerous Buitdings Ordinance and State Statutes authorizing the same
(identiff buildings or structures). The remnants of mzing shall be removed and the propery shell be returned to
normal grade. The following structures shall be razed (demolished):
,
i I-
SM'zCN|L -t
/ €b"t
-, N@o*1

AgcoMpLtsH sucH DEMoL|T|oN/RAZ|NG By NO LATER


#i'i."?iHff$,TSTffiE*l' 4l!
lP 4 &t-t
/
}'UQ . '.;t y',
Dated: J ,2017.
Davkl
{., .*
- ,.,i
Leroy '
4 ' ,t- *--J'
t'1
Wakeshma Township Dangerous BulldlngYHearing Officer
Wakeshma Torvnship Fife No. 2017-01
Order of the Dangerous Buildings Hearing Officer

WHEREFORE, lT lS HEREBY ORDERED that the prop€rty owner or party in interest shall rneke the bultding(s) or
structure(s) on the subjec-t property safe by taking the following actions by no later than
-_*--*

lf the taxpayer is unable or unwilling to effectuate the repairs as ordered herein, the Hearing Officer orders alf
structures on the property razed by no later than ^, ZOIT ,the debris created thjreby removed and
the properg returned to normal grade.

lT lS FURTHER ORDERED that the hearing is continued to ,2017 at


a.rn./p.m. in the wakeshma Township Hall, notice of the same io be-sent to the owners/parties in Interest in
accordanoe with the wakeshma Township Dangerous Buildings ordinance.
Propertyownerftgppyglt_rv-elye"e/d9eg edmailnotice
-1ngJW_qfv*ecertifi

Dated: 2017
David Leroy
WEkeshma Township Dangerous Buildings Hearing Officer
VVakeshma Tornship Fife No.201741
Orderof the Dargerous Buildings Hearlng Officer

Prcof of Scruice

Thisistocert fynaon l42IP,2{l|,lseffedacopyofthewithinOrderofthcDargerousBuildingsHearing


OfficEr reapEcting the prop€tty addressed as 14037 East W Avenue, Fulton, Ml 49052 on the party identified above
via
,1
tA
oereonalservice at 13998 South 42no Sfe€t, Fulton Ml
oerti{ied mailto the property oilne/s address abow
tacking e copy of the order on the building at 14037 Eest W
Avenue, Fulton, Mt 49052.

n _ "".._ ,.*

Prcof of Scrvicc

on
This ie to oertiff that ,2017, I eerved a copy of the within Order of the Dangeroua Bulldings
Hearing Ofiicer reepecting the property addressed as 14037 East W Avenue, Fulton, Ml 49052 on the party
identified above via

o€rsonal service at 13999 South 42d Streot, Fulton, Ml


49052.
_ certified mailto the propetty owneis addrcss above
tacking a copy of the oder on the building at 14037 East W
Avenue, Fulton, Ml 4S)52.

tr
Ghris Hamilton
tr
n_ Bear Priest

Joe lsreal
Wakeshma Township
Dangerous Building Hearing
Case No. 2AL7-01

The Wakeshma Township Dangerous Buildings Hearing Officer conducted a hearing regarding
the property addressed as 14037 East W Avenue, Fulton, Ml at the Wakeshma Township Hall on
October 26, ZOLT comrnencing at 6:00 p.m.

The Parcel Number is:


15-15-360-050

The Property Owner according to the Wakeshma Township Tax Rolls is:
Brad Rhoades
PO Box 74
Fulton, M149052

The Buildings on the property are:


Two-story wooden structure

The hearing officer observed the property on:


October 22,20t7

Present for the hearing were: Township Dangerous Buildings Hearing Officer David Leroy;
Township Building Official Joe lsrael and Building Department Manager Chris Hamilton;
Township Ordinance Enforcement Officer Bear Priest; Township Supervisor Jason Gatlin;
Township Clerk Shawn Fritz; Township Attorney Roxanne Seeber and four members of the
audience. The Hearing Officer had been provided with a report and photographs dated
5-11"-1.7.

lsrael testified that the yard was littered with waste/garbage blight. The sidewalks were
cracked and broken. The building had holes and breaks in the exterior, peeling paint and was
deteriorated. lsrael indicated that the roof was made of steel but that sections of it were gone,
exposing deteriorating boards. A tree was growing through the roofing and it was severely
rusted. There were missing parts on the exterior of the building, Some glass was cracked and
broken. The roofing materials were worn and it contained no flashing. The fascia and soffits
were not protected. There were disconnected portions of the gutters and downspouts. lsrael
stated that the building contained cracks in the walls, broken trim, peeling and flaking paint. He
had been unable to observe the foundation, but he was unsure of its integrity.

Brad Rhoades and Ruth Ann Rhoades were present for the hearing. Brad Rhoades did not
understand what the problems were. He only makes $g0O per month. He has been fighting off
the bank on another property, He has just been getting things done the best that he can. He
didn't receive any other paperwork. He admitted that the building was in bad shape; when
they can get something done on it, they do. He stated that no one is presently living in it.
Whatever they do is not good enough for the Township. Ruth Ann Rhoades indicated that
they had a structural engineer out to the property. He was going to file a report indicating that
the building was structurally sound. That would be delivered on Monday. Hamilton inquired
as to whether structural soundness was the issue for the Hearing Officer. The Hearing Officer
stated that the building could be structurally sound, but it still could be considered a dangerous
building.

The Hearing Officer considered all of the testimony and determined that the structure
constituted a dangerous building. He ordered the building razed by December 26, ZOt7. The
property owners voiced disagreement with the Order. The Hearing Officer signed the Order
and it was provided to the property owners by Priest, The Hearing Officer indicated that if his
order is not complied with, it would be forwarded to the Township Board for review. The
property owners could appear before the Township Board and argue their case when it came
before the Board.
WAKESHMA TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN

TRANSMITTAL OF ORDER TO TOWNSHIP BOARD


AND REQUEST FOR ENFORCEMENT OF ORDER

To: Wakeshma Township Board


From: David Leroy, Dangerous Buildings Hearing Officer
Date: December 20,2A17
Re: 14037 East W. Ave., Fulton, Mt49052
ParcelNo.: 16-15-360-050
Gase No. 2017-01

Owner according to Township Tax Rolls:

Brad Rhoades
P. O. Box 74
Fulton. M|49052

Attached please find a copy of an Order entered by the undersigned on Octobe r 26, 2a1T ordering
,
the property owner(s) fo;

Demofish the structures on the property by no later than December 26,2017.

This is to advise the Township Board that the Order has not been complied with and the struclure
remains as a dangerous building and a danger to the public health, safety and welfare.

Pursuant to the Wakeshma Township Dangerous Buildings Ordinance and the statutes of the State
of Michigan, the undersigned hereby requests that the Wakeshma Township Board, as the
legislative body of Wakeshma Township, take the necessary action to enforce the Order. A copy of
the notices and orders of the dangerous buildings hearings relative to this case are on file with ihe
Township. My findings are incorporated in the order itself,

WHEREFORE, the undersigned respectfully requests that the Township Board uphold his ORDER
and enforce the Order by any lawful means.

David Leroy
Wakeshma Township
Dangerous Buildings Hearing Officer
WAKE,S H MA TOWNS HI P, KALAIT'IAZOO COU NTY, M ICHIGAN

NOTICE OF DANGEROUS OR UNSAFE BUI!-DINGS HFARINq


BEFORE THE TOWNSHIP B9ARD

To: Brad Rhoades, P. O. Box 74, Fulton, M|49052 File No. 2017-01

Address: 14037 East W. Avenue, Fulton, Ml 49052

PLEASE TAKE NOTICE that pursuant to Section Vl of the Wakeshma Township Ordinance No.
30, as amended, entitled "Dangerous Buildings" and the statutes of the State of Michigan, a
hearing regarding the land and premises situated at 14Q37 East W Avenue, Fulton, Michigan;
Parcel No. 16-15-360450; (Case No. 2017-01) within Wakeshma Township will be held before
the Wakeshma Township Board on February 5, 2018 at 7:00 p.m. at the Wakeshma Township
Hall, located at 13988 South 42nd Street, Fulton, Michigan within the Township.

PLEASE TAKE FURTHER NOTICE that the purpose of the hearing is to provide you with an
opportunity to show cause before the Wakeshma Township Board why the structure or
structures should not be demolished, the debris created thereby removed and the property
returned to natural grade.

PLEASE TAKE FURTHER NOTICE that the Wakeshma Township Board is empowered by
Ordinance and Statute to determine whether the structure(s) located on the premises above
constitute dangerous buildings as defined by the Dangerous Buildings Ordinance and it may
enforce, modify or set aside the Order of the Dangerous Buildings Hearing Officer made on
October 26,2017.

PLEASE TAKE FURTHER NOTICE that your failure or refusal to attend this hearing or to
comply with the decisions or order(s) of the Township Board may result in the structure or
building(s) being demolished or otherwise made safe by action of the Township Board, and the
costs thereof being assessed upon the tax rolls and/or as a lien against the property.

Dated: January8,2018
Wakeshrna Township Board
13988 South 42nd Street
Fulton, M]49052
(269)-778-3728

PROOF OF MAILING

This is to certify that on January E, 2CI18, I mailed a copy of the within notice to the
owner/taxpayer identified above via certified mail to the taxpayer's last known address as
indicated.

Susan E, Ritchie

PROOF OF POSTING

This is to certify that on January -4,2018, I posted a copy of this notice on the property
located at 14O37 East W. Avenue, Fulton, Ml.

Bear Priest, OEO


WAKESHMA TOWNSHIP, KALAMAZOO GOUNTY, MrcHrcAN

NOTICE OF DANGEROUS OR UNSAFE BUILDINGS HEARING


BEFORE THE TOWNSHIP BOARD

To: Brad Rhoades, P. O. Box 74, Fulton, Ml 49052 File No. 2017-01

Address: 14037 East W. Avenue, Fulton, Ml 49052

PLEASE TAKE NOTICE that pursuant to Section Vl of the Wakeshma Township Ordinance No.
30, as amended, entitled "Dangerous Buildings" and lhe statutes of the State of Michigan, a
hearing regarding the land and premises situated at 14037 East W Avenue, Fulton, Michigan;
Parcel No. 16-15-360-050; (Case No. 2017-01) within Wakeshma Township will be held before
the Wakeshma Township Board.on February 5,2018 at 7:00 p.m. at the Wakeshma Township
Hall, located at 13988 South 42no Street, Fulton, Michigan within the Township.

PLEASE TAKE FURTHER NOTICE that the purpose of the hearing is to provide you with an
opportunity to show cause before the Wakeshma Township Board why the structure or
structures should not be demolished, the debris created thereby removed and the property
returned to natural grade.

PLEASE TAKE FURTHER NOTICE that the Wakeshma Township Board is empowered by
Ordinance and Statute to determine whether the etructure(s) located on the premises above
constitute dangerous buildings as defined by the Dangerous Buildings Ordinance and it may
enforce, modifu or set aside the Order of the Dangerous Buildings Hearing Officer made on
October 26,2017. .

PLEASE TAKE FURTHER NOTICE that your failure or refusal to attend this hearing or to
comply with the decisions or order(s) of the Township Board may result in the structure or
building(s) being dernolished or otherwise made safe by action of the Township Board, and the
costs thereof being assessed upon the tax rolls and/or as a lien against the property.

Dated: January 8, 2018


Wakeshma Township Board
13988 South 42nd Street
Fulton, M|49052
(269)-778-3728

PROOF OF II'IAILING

This is to certify that on January _, 2018, I mailed a copy of the within notice to the
owner/taxpayer identified above via certified mail to the taxpayer's last known address as
indicated. f ,/i ,./'?

Susan E. Ritchie

PROOF OF POSTING

_,
This is to certify that on January 2018, I posted a copy of this notice on the property
focated at 14O37 East W, Avenue, Fulton, Ml.

Bear Priest, OEO


DANGEROUS BUILUNq

0RDTNANCE No.?/ 30
ADOPTED: June 2, 1997

EFFESIvE: J*lr tf, riql

An ordinance to secure the public peace, health, safety and welfare of the residents
and property owners of the Township of Wakeshma, Kalamazoo County, Michigan, by the
regulation of dangerous buiHings injurious to life or health; to provide for the means, by
way of hearings, for the making safe or demolition of such dangerous buildings; to provide
for the appointment of a hearing oflicer; to provide penalties for the violation of said
ordinancei to provida for assessment of the cost of said making safe or demolition of
dangerous OuilOings; and to repeal all ordinances and parts of ordinances in conflict
therewith.

THE TOWNSHTP OF WAKESHMA.


KALAMAZOO GOUNTY. MICHIGAN ORDAINS:

TtTl"l:

sEcrloN !

This ordinance shall be known and cited as the Wakeshma Township Dangerous
Buildings Ordinancs.

DA NG E.BzuS-" B- U!!" D IN G P._EEIN EP


sEcrloN ll
or
As used in this ordinance, the term "dangerous building" means any building
is in any of the
structurs, rasidential or otherwise, which has any of the following defects or
following conditions:

A.Wheneveranydoor.aisle,passageway,s|airwayorothermeansofingress
or egress doei not conform to the Building code or Fire Code effective
within
nol
wakeshma Township, it shall be considered that such building does
meet the requirements of this Ordinance'

B.Wheneveranyportionhasbeendamagedbyfire'wind'flood'orby€ny is
other cause in'such a manner that the structural strength or stabilily
appreciab|y|essthanitwasbeforesuchcatastropheandis|esslhanlhe
minimumrequirementsoftheHousingLawofthe.StateofMichigan'bein9
Building code of
Act No. rOi dr tne public Acts of 1917, as amended, or the
theTownshipforanewbui|dingorsimi|arstructure,purposeor|ocation^

c'Wheneveranyportionormemberorappurtenanceislike|ytofa||orto
persons or injure
become detached or dislodged, or to c,ollapse and thereby
damage Property'

D.Wheneveranyportionhassett|edtosuchaneventthatwa||sorother
is required than
structural poJi6n'. have materially less resistance to wlnds
inthecaseofnewconstructionbytheHousingLawoftheStateofMichigan'
beingActNo.l6TofthePub|icActsoflglT,asamended,or|heBui|ding
Code of the TownshiP.
di|apidation,
E. Whenever the bui|ding or structure or any part, because of
removal or
deterioration, decay, fiulty construction, or bacause of the
junc 12. 1997
Kimhsly\w*ahnr\dmg-b|rl qd
or for olher
movement of some portion of the ground necessary for the purpose thereof,
reason, is likely to fall or give way.
portion
F. Whenever for any reason whatsoever the building or struclure or any
is manifestly unsafe for the purpose for which it is used'

G, When the building or structure has been so damaged by fire, wind or flood,
or has become Jo dilapidated or deleriorated as to become an attractive
nuisancetochi|drenwhomightplaythereintotheirdanger,orastoafford
aharborforvagranls,crimina|sorirrrmora|persons'orastoenablepersons
toresorttheretoforthepurposeofcommittinganuisanceorun|aMu|or
immoral acts.

H'Whenevarabui|dingorstructure,becameofdi|apidation,decay,damage,
or unfit for
or fau|ty construction or arrangement or othen,vise, is unsanitary
to cause sickness or
human habitation or is in a condition that is likely
by the health officer, or is likely to work injury
disease when so determined
within.
lo the health, safely or generai welfare of those living or working

|.Whenevefanybui|dingbecomesvacant'di|apidatedandopenatdooror
window, teaving the interior of the building exposed
to the elements or

accessible to entrance by trespassers

PROHIBITION

SEGTION III

to keep or maintain any bui|ding


|t sha|| be un|awfu| for any owner, or agent thereof,
o, p"rrln"r*iwhich is a dangerous building as defined in this ordinance.

N9T!QE9EDAN-G-E&Q-U5*C-QNP'ITt=llt

EFCTION lv

or struclure jt Lt'id to be in a
A. When the whole or any part of any building
dangerous conditid iil
f"wntnip Building Inspector shall issue a notice
of the dangerous condition'

B'Suchnoticesha||bedirectedtotheowner,agent'or|esseeregisteredwith
125 of th6 Housing Law of the state of
the Township p,;;;;ii;-section public
toz or rn.
nilNo. Acts of 1917, as arnended. or if
Michigan, u"ing
lhen notice shall be directed to
no owner, ugent,-;'lessee is registered'
in, ir," bui|ding in whose.hanre the
sach owner of, or party in interest
records of the Township'
property appears on ihe last local tax assessrnent
place of a hearing on the condition o[
C. The notice shall specify the time and whom the
the building o, at which time and place the person lo
'iiu"iu'" to show cal3e-wlv-tle building
notice is direcled;;lG;"t the opportunity
;; ;rd.il
io demolished or olhenrvise made safe'
or structure ,nouri nli be

D.lfitisdeterminedbytheHearingOfficer.thatthebui|dingorstructureshou|d
shall so order, fixirrg a time in the
he
be demolisheo o, oinunnn,se maze safe,
order|ortheownerorpartyininteresltocomp|ytherewith'
or neglects or refuses to
E. lf the owner or party in interest fails to appear' a report of his findinss
compty wirh rhe ;ffi ii ; ii";ring.ofticei shall file
Township Board and request
and a copv hi;;;;;;;iin1r'" f,vart"shma
"f r"rr"n ro demolish or otherwise make safe the
that the n"""rrri'"Jtion'u" of the Hearing
and order
building or struciura A copy of such findings
Jtrrc l?. l9'r7
Kimhc lY\uk crhnrtdog-hld'rd
Officer shall ba served on the owner or party in interest in the manner
prescribed in Section lV(D).

IIEABIN9

sEcTloN vl

Upon receiving tho findings and order of the Hearing Officer, the Wakeshma
Townstriir Board shall iix a date for hearing, reviewing the findings and order of the hearing
officer and shalt give notice in the manner prescribed in Section lV(D) of the time and
place of such heJring. At the hearing, lhe owner or party in interest shall be given lhe
opportunity to show cause why the building should nol be demolished or otherwise made
."i", Township Boaid snall either approve, disapprove or modify the order for
"nain"
demolition or makirg safe of the building or structure'

FAILURE OR REFUSAL TO C.OMPLY

SECTION VII

ln lhe event of the failure or refusal of lhe owner of party in inlerest to comply with
the decision of the Wakeshma Township Board, the Township Board may, in its discrelion'
contracl for the demolition or making safe of the dangerous birilding' The cost of the
property and shall
demolition or rnaking the building safl shall be a lien against the real
aslessing officer of the Township who shall assess the cost againsl the
be reported to the
the buiiding or structure is located. The owner or party in interest in
il#rit;" whiehproperty
,ti"" name the apFears upon the last local tax assessment records of the
cost by first class mail at the address
Township shall be noiifieO oi if'e amount of such
mailing by the
shown on the records, lf he fails to pay the same within thirty days after
of the notice of the amount theieof, the essessor shall add the same to the next
""."uro, Township and the sarne shall be collected in the same manner in all
tai roll of Wakeshma
i"rp""t* as provided by larv for the collection of tiaxes by the Township'
APPEAL

sEcTloN vlll

An owner of party in interest aggrieved by any linal de-cision of


lhe Township Board
order to mJ Circuit iourt for the County of Kalamazoo by filing
may appear the decision Jr
days after the date of such
phtio" for an order of superintending control with6 twenty
"
decision,

BEPEAL

SECTION IX

hereby repealed'
All ordinances or parls of ordinances in conllict herewith are

EFFECTIVE DATE

sEcTloN x

This Ordinance shalltake effect on J"\*n tffi1- '' 1997

Karen A. Homan, Clerk


Wakeshms TownshiP
Wakeshma TownshiP Hall
13988 South 42nd Street
Fulton, M149052
Junc 12. 1997
K imtr.l'Aw*dlmr\drn8'blddd
/.lj:
Hq
r!{:
J."{1.

S,
,;s
,.;'

,,1i ai
i!.
.r.lii
it
:'a '\f
i't t..!,
l-r ,
.. ;:

cEl{'ilFll-nrE
I, Kn REN HOMAN, the 'fownship Clerk of the 'I-ownship of Wakeshnra, Kalalrrazoo

County, Michigan, do hereby certify that, in pursuance of law and statute provide<1, at a regular

mcttins of the Wakeshma Township lloarcl helcl p.m. ar tne'l'ownship


"r{Ao+tffd7:30
Hall located within tlre'lownship of Wakcslrnra, (he Board enacted arrd passc4 Or4inance No.

€, hereinbefore recorded, to beconre effectivc or, ft|, pql, and that rhe nrernbers of saicl

I3oard prescnt at said nreeting votetl on the adoptiorr of said-Ortjinari.e as follows: ,-


-%.at"t7n/1*"r' Utu)/ ffiaa."n'tuA/u4{- y4 Z'i- Z*4* :r:
J"-t z^.;, Byno* "tqt , Cful, dtr".-tL &r) "?r'p- "=

Ordinance was duly putrlished in sttrnntary in Lhe Conrrnercial Express, a newspaper printed in

I /c td+'/
Kalatnazoo, Michigan, anrl circulated i1 Wakeshul
r Townslrip onQ@JUJJJ: .,
rhar a

synopsis of the adopted Ordinancc, incluciirrg where tlre sanre coulcl bc exanrinc4 gr purchasecl,
./
was publishetl in saic cornrnercial Express or,
-1r, r./-,1;1.; ,, i1;the final ordinance was
,'!
sinrilarly posted on !-rj!--- r{ l{ ; l'l{-7 ; that saicl Ordinance r.ro. $l ,,vas duly recor<ted in this
,: -

Or<linance Book on ,*j ,rlry. (!,- t -l ; 7


1i (J

,t/^/
_ l-d.l-z -:' .L\ _Li,\,.,t.J_ _
KAREN HOMAN, Township Clerk

A'li I'Ef'l': ,/'


t/r /\
--..'.i -u,*
DOUr /-Bi AS, .{upervisor

ar\ilSeRs\l{l}lllFRLY\t{FSlL RE\}tnKt5[]rA\irlilr:i\f1.Efl t .Et


Wakeshma TownshiP
Kalamazoo County, Michigan

Supervisor's Agenda
For Dangerous Building Hearings

"The next item on the agenda consideration of the Order of the


is
Dangerous Buildings Hearing Officer regarding the property addressed as.'

14037 EastW Avenue, Fulton, Ml 49052

According to the tax records, the owner of the property is:


Brad Rhoades
PO Box 74
Fulton, Ml 49052'

On October 6, 2017 Hearing Officer David Leroy ordered that the two'story
white building be demolished December 26, 2017. The property owner
appeared at the dangerous buildings hearing on October 26, 2017. A copy
of the Order was handed to the property owner at the hearing.
When the Hearing Officer's Order was not complied with by 12-26'17, he
senf a "request to enforce" his order to the Township Board-

The Township had a Notice of Hearing before the Township Board posted
on the property on January 24, 2018'

The Township a/so senf a copy of the Notice of Hearing before the
Township Board to the propefi owner via certified mail on January 8,
2018.

Ihrb rs the property owner's opportunity to show cause why the Township
Board should not enforce the Hearing Officer's Order'"

Ask if the property owner is present. lf so, give him an opportunity to be heard.

"The Township Board has the documents and photographs provided to the
Hearing Officer and a copy of his Order. ln accordance with the
Dangerous Buitdings Ordinance, the Township Board can uphold, modify
or disapprove the order of the hearing officer'"
Ask the board to deliberate, if any comments on the Order/decision of the
Hearing Officer.

"We have an Order of the Township Board that I need to fill in. What are
the wishes of the Board?"

Go through or have Shawn go through the Order and fill it out. lf you decide to
uphold thL order of the hearing officer, then you indicate on the order that the
property owner has 20 days (or more if you want) to effectuate the demolition
and clean up.

Once the order is prepared, we can copy it and hand a copy to Rhoades'

"The property owner has 20 days in which to appeal this decision to the
circuit court for Kalamazoo County. The Township will be permitted to
effectuate the demotition of the structure and charge the cosfs thereof
against the property 60 days after the demolition date contained in this
order. "

Sign the Order. lf Rhoades are present, we will hand a copy to him. He will have
twenty days to appeal to circuit court. Remember that Judge Lipsey retained
jurisdiction, so all he has to do is renew his appeal.

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