Brighton Nuisance Ordinance Held Unconstitutional

By Paul F. Bohn

No matter how dilapidated your property, Michigan cities must give you the option to repair it before the city can demolish it.

The City of Brighton previously had an ordinance in effect for blighted property.  According to the ordinance, a building was presumed to be a public nuisance if the cost of repairs exceeded the actual cash value of the structure.  In such a situation, repairs on the property were deemed unreasonable.

In a recent Michigan Court of Appeals decision (Bonner v. City of Brighton), the court ruled that Brighton’s ordinance was unconstitutional and violated due process standards.  The court reasoned that the ordinance denied property owners the option to repair an unsafe structure simply because the city believed that such repairs would be economically unreasonable.

The problem is that refusing to allow a property owner the option to make a timely repair to their structure does not advance the city’s interest of protecting the health and welfare of its citizens.  That objective is served just as well if the city allows the property’s repair, and is actually cheaper for the city.  Whether it makes economic sense for the owner to repair the property is irrelevant – the property owner must be given that option.

This opinion makes one thing clear – a property owner, not the government, has the last say on the right to repair and maintain structures.

To read the opinion of the Michigan Court of Appeals, please visit: http://scholar.google.com/scholar_case?case=5259592534160523615&q=bonner+v.+city+of+brighton&hl=en&as_sdt=2,23

If you have questions about this or other legal topics, contact Paul Bohn at Fausone Bohn, LLP at (248) 380-0000, ext. 9988 or my e-mail pbohn@fb-firm.com.