ENV H 471: ENVIRONMENTAL HEALTH REGULATION
STATUTES & REGULATIONS

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MICHIGAN PUBLIC HEALTH CODE

 

Section 2451 - (1)  Upon a determination that an imminent danger to the health or lives of individuals exists in the area served by the local health department, the local health officer immediately shall inform the individuals affected by the imminent danger and issue an order which shall be delivered to a person authorized to avoid, correct, or remove the imminent danger or be posted at or near the imminent danger.  The order shall incorporate the findings of the local health department and require immediate action necessary to avoid, correct, or remove the imminent danger.  The order may specify action to be taken or prohibit the presence of individuals in locations or under conditions where the imminent danger exists, except individuals whose presence is neces-sary to avoid, correct, or remove the imminent danger.

 (2)  Upon the failure of a person to comply promptly with an order issued under this section, the local health department may petition a circuit or district court having jurisdiction to restrain a condition or practice which the local health officer determines causes the imminent danger or to require action to avoid, correct, or remove the imminent danger.

 (3)  As used in this section:

 (a)  "Imminent danger" means a condition or practice which could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided.

 (b)  "Person" means a person as defined in section 1106 or a governmental entity.

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Section 2453 - (1)  If a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures to be followed by persons, including a local governmental entity, during the epidemic to insure continuation of essential public health services and enforcement of health laws.  mergency procedures shall not be limited to this code.

 (2)  A local health department or the department may provide for the involuntary detention and treatment of individuals with hazardous communicable disease in the manner perscribed in sections 5201 to 5238.

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Section 2455 - (1)   A local health department or the department may issue an order to avoid, correct, or remove, at the owner's expense, a building or condition which violates health laws or which the local health officer or director reasonably believes    to be a nuisance, unsanitary condition, or cause of illness.

 (2)  If the owner or occupant does not comply with the order, the local health department or department may cause the violation, nuisance, unsanitary condition, or cause of illness to be removed and may seek a warrant for this purpose.  The owner of the premises shall pay the expenses incurred.

 (3)  If the owner of the premises refuses on demand to pay expenses incurred, the sums paid shall be assessed against the property and shall be collected and treated in the same manner as taxes assessed under the general laws of this state.  An occupant or other person who caused or permitted the violation, nuisance, unsanitary condition, or cause of illness to exist is liable to the owner of the premises for the amount paid by the owner or assessed against the property which amount shall be recoverable in an action.

 (4)  A course, upon a finding that a violation or nuisance may be injurious to the public health, may order the removal, abatement, or destruction of the violation or nuisance at the expense of the defendant, under the direction of the local health department where the violation or nuisance is found.  The form of the warrant to the sheriff or other law enforcement officer may be varied accordingly.

 (5)  This section does not affect powers otherwise granted to local governments.

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Section 2461 - (1)  In the manner proscribed in Sections 2441 and 2442 a local governing entity may adopt a schedule of monetary civil penalties of not more than $1,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this code or a rule promulgated, regulation adopted, or order issued which the local health department has the authority and duty to enforce.

 (2)  If a local health department representative believes that a person has violated this code or a rule promulgated, regulation adopted, or order issued under this code which the local health department has the authority and duty to enforce, the representative may issue a citation at that time or not later than 90 days after discovery of the alleged violation.  The citation shall be written and shall state with particularity the nature of the violation, including reference to the section, rule, order, or regulation alleged to have been violated, the civil penalty established for the violation, if any, and the right to appeal the citation pursuant to section 2462.  The citation shall be delivered or sent by registered mail to the alleged violator.

Section 2462 - (1)  Not later than 20 days after receipt of the citation, the alleged violator may petition the local health department for an administrative hearing which shall be held within 30 days after the receipt of the petition.  After the administrative hearing, the local health officer may affirm, dismiss, or modify the citation.  The decision of the lcoal health    officer shall be final, unless within 60 days of the decision the appropriate local governing entity of committee thereof, or in the case of a district department, the district board of health or committee thereof, grants review of the citation.  After the review, the local governing entity, board of health, or committee thereof may affirm, dismiss, or modify the citation.

 (2)  A person aggrieved by a decision of a local health officer, local governing entity, or board of health under this section may petition the circuit court of the county in which the principal office of the local health department is located for review.  The petition shall be filed not later than 60 days following receipt of the final decision.

 (3)  A civil penalty becomes final if a petition for an administrative hearing or review is not received within the time specified in this section.  A civil penalty imposed under this part is payable to the appropriate local health department for deposit with the general funds of the local governing entity, or in case of a district, the funds shall be divided according to the formula used to divide other district funds.  A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.

Section 2463 - In the manner perscribed in sections 2441 and 2442 a local governing entity may designate representatives of the local health department as public servants authorized by law to issue and serve appearance tickets pursuant to sections 9a to 9g of chapter 4 of Act No. 175 of the Public Acts of 1927, as amended, being sections 764.9a to 764.9g of the Michigan Compiled Laws.

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Revised: 12/25/99