Amendments & Additions to the Uniform Code for the Abatement of Dangerous Buildings :
SECTION 103 – ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code shall also be subject to the provisions of the Zoning Code for the City of West Branch, as amended; the 2015 International Property Maintenance Code, as amended; and any provisions imposed at the time by the Ogemaw County Building & Zoning Department.
SECTION 104 – APPOINTMENT OF OFFICERS/OFFICIALS; AUTHORIZED
REPRESENTATIVES
All officers, officials, and other individuals given power and authority by virtue of this code may be named and appointed by a majority vote of the City Council. In the absence of a majority vote of the City Council naming another individual or entity to the role, the City Manager shall serve as the default building official, the Superintendent for the Wastewater Treatment Plant shall serve as the default health officer, and the Chief of the West Branch Fire Department shall serve as the default fire marshal. Each officer, official, and other individual given power and authority by virtue of this code may choose to delegate said power and authority to any individual, group of individuals, or entity as is deemed desirable and appropriate by the person making the delegation. To become effective, such delegations of power to authorized representatives or agents need only be submitted in writing to the clerk of the jurisdiction.
SECTION 105 – USE OF OTHER CODES
Though the mentioned in Section 103 above are generally considered subordinate to this code in cases involving dangerous buildings, in his or her sole discretion, the building official may choose to take action under one of the alternate codes listed in Section 103 in addition to, or rather than, initiating enforcement action against a property pursuant to this code, depending on the decision of the building official.
SECTION 106 – GENERAL RULE
As a general rule, nothing in this code shall be construed so as to create a duty or obligation of enforcement on the part of the City of West Branch or any of its agents or employees. Whether an enforcement action will be pursued against a property pursuant to the provisions of this code will be determined on a case-by-case basis by the building official, who will take into consideration priorities of public safety as well as the budgetary concerns of the City, along with
Page 1 of 5

other factors, with such decisions to be made at the discretion of the building official or an agent of the building official. This code shall also be construed so as to create no duty of inspection on the part of the City of West Branch or any of its agents or employees, who are all indemnified by the City for any duties carried out pursuant to this code. Any provisions of this code that seem to be in conflict with this section shall be interpreted so that this section controls and takes precedence.
SECTION 201.3 – RIGHT OF ENTRY
When it is necessary to make an inspection to enforce the provisions of this code, or when the building official or the building official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
“Authorized representative” shall include the officers named in Section 201.2 and their authorized inspection personnel, as well as any other person or entity authorized by the building officer to serve in such a capacity.
SECTION 204 – INSPECTION OF WORK
All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by the Zoning Code for the City of West Branch, as amended; the 2015
International Property Maintenance Code, as amended; and any provisions imposed at the time by the Ogemaw County Building & Zoning Department.
SECTION 205 – BUILDING ENFORCEMENT BOARD OF APPEALS
205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a building enforcement board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not otherwise employed by the jurisdiction. The building official, or an agent of the building official, may serve as an ex officio member of the board of appeals and may also serve
Page 2 of 5

as the secretary to said board, but shall have no vote upon any matter before the board. The board of appeals shall be appointed by a majority vote of the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in
Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public.
SECTION 301 – GENERAL
For the purpose of this code, terms, phrases, words and their derivatives not otherwise defined in this code shall be construed as specified in the Zoning Code for the City of West Branch, as amended; the 2015 International Property Maintenance Code, as amended; or the provisions imposed at the time by the Ogemaw County Building & Zoning Department. Where terms are not defined in this or any of the other aforementioned codes, they shall have their ordinary accepted meanings within the context with which they are used. Merriam-Webster’s Collegiate
Dictionary – Eleventh Edition, original copyrighted July 30, 2003 , shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the Zoning Code for the City of West Branch, as amended; the 2015
International Property Maintenance Code, as amended; and any provisions imposed at the time by the Ogemaw County Building & Zoning Department.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.
HOUSING CODE is also interpreted to mean the Zoning Code for the City of West Branch, as amended; the 2015 International Property Maintenance Code, as amended; and any provisions imposed at the time by the Ogemaw County Building & Zoning Department.
SECTION 302 – DANGEROUS BUILDING
For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described may be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
[1. – 8., adopted as written].
Page 3 of 5

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used, or, if vacant, manifestly unsafe for the purpose for which it was designed to be used.
[10. – 11., adopted as written].
12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children;
(ii) a harbor for vagrants, criminals, or immoral persons; (iii) a harbor for insects, vermin, wildlife, or feral animals; or as to (iv) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
[13. – 18., adopted as written].
19. Any building or structure with sharp pieces of broken glass in a door frame, in a window frame, on the ground, or otherwise visible or accessible from the outside.
401.2
[Adopted as written, except modify 1. by removing the phrase “legal description,” and replacing it with the phrase “description sufficient for identification, such as the street address” . . .].
SECTION 405 – TRANSFER OF OWNERSHIP
It shall be unlawful for the owner of any dwelling unit or structure who, pursuant to this Code, has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the building official and shall furnish to the building official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
SECTION 602
[Accept as written, except replace “19 . . .” with “20 . . .”].
Page 4 of 5

801.2
[Adopt as written, except replace “repair and demolition fund” with the phrase “repair and demolition fund, or such other fund or funds as may be determined by the City Manager” . . .].
Page 5 of 5