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Case Law
Municipal Nuisance Ordinances

Can a city commission declare a property a public nuisance and padlock it for up to one year?

Nuisance Abatement Ordinances

Rental Property Owners Assoc. of Kent County v City of Grand Rapids, 455 Mich 246; 566 NW2d 514 (1997).

QUESTION BEFORE THE COURT: Is a city's nuisance abatement ordinance unconstitutional when it authorizes the city commission to declare a property a public nuisance and to padlock it for up to one year?

FACTS: Defendant city enacted an ordinance authorizing the city commission to declare a property a public nuisance when the property was found to be used repeatedly for illegal drugs or prostitution. Such properties could then be ordered vacated and padlocked for up to one year, and the property owners could be assessed the costs of abatement. The ordinance further provided that an aggrieved owner could appeal the commission's decision to the circuit court.

Plaintiff filed a motion for summary disposition, arguing that the ordinance was unconstitutional, and padlocking a property for up to one year was tantamount to forfeiture. The circuit court denied Plaintiff's motion. Upon Plaintiff's appeal, the Michigan Court of Appeals reversed, whereupon Defendant appealed to the Michigan Supreme Court.

DECISION: The Michigan Supreme Court reversed the appeals court ruling by noting that: (1) nuisance abatement, as a means to promote public health, safety and welfare, is a valid goal of police power; (2) illegal drug use and prostitution threaten the public health, safety and welfare; and (3) although a property owner could lose income for a year, that loss results from the owner permitting illegal activities to occur repeatedly at the property.

 Public Law 106-185, effective April 25, 2000, entitled the Civil Asset Forfeiture Reform Act of 2000 addressed several abuses. This Act creates a number of safeguards when assets are seized for the so-called well-intentioned reasons of reducing criminal profit and returning it to the law-abiding community. Read all about it.