reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2318 - Variances.

125.2318 Variances.
Sec. 18.
(1) A variance in the design and construction of a mobile home park or seasonal mobile home park may be granted upon notice of the request to the local government and the department of public health at the time of filing with the department of commerce. If the local government grants a variance which would permit activities violative of the minimum standards of the code, the local government shall file with the department a copy of the variance order and an explanation of the reason for the granting of the order. The department may approve or disapprove the variance or revoke the variance upon notice and hearing.
(2) After a public hearing the department may grant a specific variance to a substantive requirement of the code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if the specific condition justifying the variance is neither so general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable.
(3) The department may attach in writing a condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of this state. The variance shall not exceed the minimum necessary to alleviate the exceptional, practical difficulty.
(4) A variance to a local ordinance, zoning requirement, or local rule may be granted only by a local government.
(5) A variance to a rule promulgated under this act may be granted only by the commission.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2321 - Licensing Mobile Home Dealers, Installers, or Repairers; Initial or Renewal License; Application; Consent to Service of Process; Duration and Expiration of License; License Fee; License of Successor; Continuation of Sales.

125.2321 Licensing mobile home dealers, installers, or repairers; initial or renewal license; application; consent to service of process; duration and expiration of license; license fee; license of successor; continuation of sales.
Sec. 21.
(1) A mobile home dealer shall not engage in the retail sale of a mobile home without a license.
(2) A mobile home dealer, mobile home installer, or repairer may obtain an initial or renewal license by filing with the commission an application together with consent to service of process in a form prescribed by the commission pursuant to section 35.
(3) An initial or renewal license under this act shall be issued for 3 years. Licenses shall expire on October 1.
(4) The license fee for a mobile home dealer is $450.00 or any other lesser amount established pursuant to section 9(5).
(5) The license fee for a mobile home installer or repairer is $150.00 or any other lesser amount established pursuant to section 9(5).
(6) A licensed mobile home dealer, mobile home installer, or repairer may file an application for the license of a successor, whether or not the successor is then in existence, for the unexpired portion of the year. The commission may grant or deny the application.
(7) A licensee who submits a timely application for renewal of a license and pays the appropriate fee may continue sales of mobile homes unless notified that the application for renewal is not approved.
History:
1987, Act 96, Imd. Eff. July 6, 1987 ;-- Am. 2006, Act 328, Imd. Eff. Aug. 10, 2006
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2322 - Mobile Home Dealer; Surety Bond; Deposit; Rules.

125.2322 Mobile home dealer; surety bond; deposit; rules.
Sec. 22.
The commission may promulgate rules to require a licensed mobile home dealer to post a surety bond in an amount up to $10,000.00 for each sales location and may determine conditions of the bond. An appropriate deposit of cash or securities shall be accepted in lieu of a bond which is required.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2323 - Mobile Home Dealer; Accounts and Other Records.

125.2323 Mobile home dealer; accounts and other records.
Sec. 23.
A licensed mobile home dealer shall make and keep accounts, and other records as the commission prescribes by rule. The records required shall be preserved for 3 years unless the commission otherwise prescribes by rule for particular types of records. If the information contained in a record filed with the commission is or becomes inaccurate or incomplete in any material respect, the licensee promptly shall file a correcting amendment.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2324 - Mobile Home Dealer; Prohibited Conduct.

125.2324 Mobile home dealer; prohibited conduct.
Sec. 24.
A mobile home dealer shall not:
(a) Advertise or represent a mobile home as other than calendar or model year.
(b) Misapply consumer deposits on a mobile home or a mobile home park.
(c) Fail to place deposits, down payments, or similar payments for the purchase or right to purchase a mobile home in a separate escrow account subject to return upon cancellation of the purchase order by the prospective purchaser under the rules or orders as the commission promulgates or issues unless the dealer shall post a bond or a deposit of cash or securities for protection of these payments in an amount acceptable to the commission.
(d) Fail to disclose to the department any direct or indirect business relationships with financial and loan institutions, banks, and insurance companies.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2325 - Installation and Setup of Mobile Home; Rules; Licensing Requirements.

125.2325 Installation and setup of mobile home; rules; licensing requirements.
Sec. 25.
(1) The commission shall promulgate rules relating to the responsibility of the mobile home dealer, mobile home installer, and the mobile home park or seasonal mobile home park owner for installation and setup of a mobile home.
(2) A person licensed under article 7, 8, or 11 of the skilled trades regulation act, MCL 339.5701 to 339.5739, 339.5801 to 339.5819, and 339.6101 to 339.6133, is not required to be licensed as a mobile home installer and repairer in order to perform work on mobile homes for which the person is licensed, unless the work performed also includes the setup, installation, or general repair of mobile homes.
(3) Articles 7, 8, and 11 of the skilled trades regulation act, MCL 339.5701 to 339.5739, 339.5801 to 339.5819, and 339.6101 to 339.6133, do not apply to the setup or installation of a mobile home and the following connections or replacement or repair of the following connections, by a licensed mobile home installer and repairer:
(a) Factory-installed electrical wiring, devices, appliances, or appurtenances to available electrical meters or pedestals.
(b) Factory-installed piping, fixtures, plumbing appliances, and plumbing appurtenances to sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems.
(c) Factory-installed process piping, heating and cooling equipment, and systems or supply lines to available service meters or mains.
History:
1987, Act 96, Imd. Eff. July 6, 1987 ;-- Am. 2016, Act 410, Eff. Apr. 4, 2017
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2327 - Mobile Home, Mobile Home Site, or Equipment; Fraudulent Practices.

125.2327 Mobile home, mobile home site, or equipment; fraudulent practices.
Sec. 27.
(1) A person shall not, in connection with the offer, sale, purchase, or rental of a mobile home, mobile home site, or equipment, relating thereto:
(a) Employ a devise, scheme, or artifice to defraud.
(b) Make an untrue statement of material fact or omit to state a material fact necessary to make the statement not misleading, in the light of the circumstances under which it is made.
(2) A person shall not willfully authorize, direct, or aid in publication, advertisement, distribution, or circulation of a statement or representation concerning a mobile home, mobile home site, or equipment relating thereto, which misrepresents the facts concerning the mobile home, mobile home site, or equipment relating thereto.
(3) A person with knowledge that an advertisement, pamphlet, prospectus, or letter concerning a mobile home, mobile home site, or equipment relating thereto contains a written statement that is false or fraudulent, shall not issue, circulate, publish, or distribute the advertisement, pamphlet, prospectus, or letter concerning a mobile home, mobile home site, or equipment relating thereto.
(4) A person shall not willfully make any material misrepresentation in the sale of a mobile home, mobile home site, or equipment relating thereto.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2328b - Children and Pets; Enforcement of Rules.

125.2328b Children and pets; enforcement of rules.
Sec. 28b.
A mobile home park rule that does either of the following shall not be enforced against a resident, unless the rule was proposed and in force before the resident was approved for tenancy in the mobile home park:
(a) Prohibits those children who were previously approved under prior park rules from residing in the mobile home park. A rule prohibiting children, or additional children, shall not be enforced against persons who were residents of the mobile home park at the time the rule was adopted until after 1 year's notice to those persons.
(b) Prohibits a resident from keeping those pets which were previously approved under prior park rules, except dangerous animals.
History:
Add. 1988, Act 337, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2328c - Action to Terminate Tenancy; Liquidated Damages.

125.2328c Action to terminate tenancy; liquidated damages.
Sec. 28c.
(1) A lease or rental agreement or rules or regulations that are adopted pursuant to a lease or rental agreement may include a provision that requires liquidated damages to be awarded to the prevailing party in a contested action to terminate a tenancy in a mobile home park for just cause under section 5775 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.5775 of the Michigan Compiled Laws.
(2) A provision allowed under subsection (1) may require liquidated damages of not more than $500.00 for an action in the district court and not more than $300.00 for each appellate level. Liquidated damages shall not be construed to be a penalty.
History:
Add. 1988, Act 337, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2329 - Shutoff of Utility Service for Nonpayment; Notice.

125.2329 Shutoff of utility service for nonpayment; notice.
Sec. 29.
A utility company shall notify the department 10 days before shutoff of service for nonpayment, including sewer, water, gas, or electric service, when the service is being supplied to the licensed owner or operator of a mobile home park or seasonal mobile home park for the use and benefit of the park's tenants.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2330 - Mobile Home Subject to Certificate of Title Provisions.

125.2330 Mobile home subject to certificate of title provisions.
Sec. 30.
(1) After December 31, 1978, every mobile home located in this state shall be subject to the certificate of title provisions of this act, except for any new mobile home owned by a manufacturer or licensed mobile home dealer and held for sale.
(2) After December 31, 1978, a certificate of title for a mobile home issued by the secretary of state before January 1, 1979, pursuant to Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, shall be considered to be a certificate of title issued by the department under this act and shall be subject to all of the provisions of this act respecting certificates of title.
(3) After December 31, 1978, a mobile home shall not be sold or transferred except by transfer of the certificate of title for the mobile home pursuant to this act.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2330b - Certificate of Title; Issuance; Contents; Mailing or Delivering to Owner or Other Person.

125.2330b Certificate of title; issuance; contents; mailing or delivering to owner or other person.
Sec. 30b.
(1) The department upon receipt of the required application and fees shall issue a certificate of title except as otherwise provided.
(2) The certificate of title shall contain upon its face the date issued, the name and address of the owner, a description of the mobile home as determined by the department, a statement of all security interests in the mobile home as set forth in the application, the date on which the application was filed, and other information as the department may require.
(3) The certificate of title shall contain forms for assignment of title or interest and warranty of title by the owner with space for notation of security interests in the mobile home at the time of a transfer to be signed in ink, and other forms as the department may consider necessary to facilitate the effective administration of this section. The certificate shall bear the seal of the department.
(4) The certificate of title shall be mailed or delivered to the owner or other person as the owner may direct in a separate instrument, in the form as the department shall prescribe.
History:
1987, Act 96, Imd. Eff. July 6, 1987 ;-- Am. 2006, Act 142, Imd. Eff. May 22, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2330f - Filing Surrendered Certificate of Title; Maintaining File for Period of 10 Years.

125.2330f Filing surrendered certificate of title; maintaining file for period of 10 years.
Sec. 30f.
The department shall retain and appropriately file every surrendered certificate of title. The file shall be maintained so as to permit the tracing of title of the mobile home designated in a surrendered certificate for a period of 10 years.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2330g - Cancellation of or Refusal to Issue Certificate of Title; Grounds; Notice; Hearing.

125.2330g Cancellation of or refusal to issue certificate of title; grounds; notice; hearing.
Sec. 30g.
(1) The department may cancel or refuse to issue a certificate of title:
(a) If the department is satisfied that the certificate of title was fraudulently or erroneously issued.
(b) If the department determines that the holder of the certificate has made or is making an unlawful use of the certificate.
(c) If the department determines that the required fee has not been paid and the fee is not paid upon reasonable notice or demand.
(d) If the department is authorized under any other provision of this act.
(e) Upon receipt of notification from another state or foreign country that a certificate of title issued by the department has been surrendered by the owner in conformity with the laws of the other state or foreign country.
(f) If it is shown by satisfactory evidence that delivery of a mobile home in the possession of a dealer was not made to the applicant to whom the certificate was issued.
(2) Before a cancellation under subsection (1)(a), (b), or (d) is made, the person affected shall be given notice and an opportunity to be heard.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2330h - Rules.

125.2330h Rules.
Sec. 30h.
The commission in consultation with the secretary of state shall promulgate rules, which shall further define and distinguish between the term mobile home as used in this act and the term trailer coach as used in the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2331 - Action to Rescind Transaction and Recover Damages.

125.2331 Action to rescind transaction and recover damages.
Sec. 31.
A person who offers, sells, or purchases a mobile home or equipment or a mobile home site in violation of this act or the code may have an action brought against him or her to rescind the transaction and recover damages.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2332 - Certain Conditions, Stipulations, or Provisions Voided.

125.2332 Certain conditions, stipulations, or provisions voided.
Sec. 32.
A condition, stipulation, or provision binding a person to waive compliance with this act or a rule promulgated or order issued under this act is void.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2333 - Statute of Limitations; Rejection of Valid Rescission as Bar to Action.

125.2333 Statute of limitations; rejection of valid rescission as bar to action.
Sec. 33.
A person may not bring an action under this act more than 3 years after the contract of sale, except that a person suing because of a violation of section 27 may not bring an action more than 6 years after the date of sale. A person may not bring an action if he or she previously rejected a valid rescission offer made at least 30 days after the transaction, except that a person suing under section 24 shall bring an action for rescission within 1 year.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2335 - Service of Process.

125.2335 Service of process.
Sec. 35.
(1) A person who applies for a license or permit under this act which is for other than a domestic corporation shall file with the commission, in a form the commission prescribes, an irrevocable consent appointing the commission to be its attorney to receive service of lawful process in any noncriminal action or proceeding against it or its successor, executor, or administrator, which arises under this act or a rule promulgated or order issued under this act after the consent is filed, with the same force and validity as if served personally on the person filing the consent.
(2) When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this act or a rule promulgated or order issued under this act, whether or not consent to service of process was filed and personal jurisdiction over him or her cannot otherwise be obtained in this state, that conduct shall be considered equivalent to his or her appointment of the commission to be his or her attorney to receive service of lawful process in a noncriminal action or proceeding against him or her or his or her successor, executor, or administrator which grows out of that conduct and which is brought under this act or a rule promulgated or order issued under this act, with the same force and validity as if served on the person personally.
(3) Service under subsection (1) or (2) may be made by filing a copy of the process in the office of the commission together with a $25.00 fee. The service is not effective unless the plaintiff, which may be the commission in an action or proceeding instituted by it, immediately sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice, and the plaintiff's affidavit or compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2336 - Powers of Department, Prosecuting Attorney, or Law Enforcement Officer; Evidence; Copies of Pleadings; Assistance to Local Government or State Agency.

125.2336 Powers of department, prosecuting attorney, or law enforcement officer; evidence; copies of pleadings; assistance to local government or state agency.
Sec. 36.
(1) The department, a prosecuting attorney, or a law enforcement officer of a municipality may:
(a) Make public or private investigations within or without this state he or she considers necessary to determine if a person violated or is about to violate this act or a rule promulgated or order issued under this act. The department may inspect any premises licensed under this act for violation of this act, the code, or rules promulgated pursuant to this act.
(b) Require a licensee to file a written statement in response to a complaint of an alleged violation of this act or the rules promulgated under this act received by a local government and forwarded to the licensee. The statement shall state the facts and circumstances concerning the matter raised in the complaint. If the licensee does not make the required statement within 15 days after the licensee receives the letter requiring the written statement, the department, upon its own action or upon petition by the prosecuting attorney or law enforcement officer of the municipality issuing the letter, may issue an order directing a response by the licensee.
(2) A prosecuting attorney or a law enforcement officer of a municipality shall present any evidence of an alleged violation of this act or rule promulgated under this act to the department. The department may refer the evidence as is available concerning violations of this act to the attorney general or the proper prosecuting attorney who, with or without a reference, may institute appropriate criminal proceedings under this act.
(3) Before, or simultaneous with, the commencement of a criminal proceeding or a proceeding in which injunctive relief is sought by the local government, that local government shall serve copies of all pleadings in the matter upon the department.
(4) The department shall render assistance to a local government or state agency. The department may use all investigative powers conferred upon it to assist a local government.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2337 - Administrative Proceedings; Notice; Response; Assurance of Discontinuance.

125.2337 Administrative proceedings; notice; response; assurance of discontinuance.
Sec. 37.
(1) Before commencement of administrative proceedings, the department may issue a statement of intent to commence proceedings to persons who are subjects of an investigation relating to possible violations of this act. The notice shall provide that the subjects of the investigation shall have opportunity to show why proceedings should not be commenced against them. If a response satisfactory to the department is received, then further proceedings under this act shall not be required.
(2) In connection with an investigation or proceeding held pursuant to this act, the department may accept an assurance from the person who is alleged to have violated the act, that the method, act, or practice which is allegedly in violation of the act will be discontinued. An assurance of discontinuance shall be in writing and filed with the department.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2339 - Entry and Notice of Order to Show Cause; Hearing; Powers of Department for Purpose of Investigation or Proceeding; Order of Circuit Court for Information; Issuance of Subpoenas or Orders.

125.2339 Entry and notice of order to show cause; hearing; powers of department for purpose of investigation or proceeding; order of circuit court for information; issuance of subpoenas or orders.
Sec. 39.
(1) Upon the entry of an order to show cause under this act, the department shall promptly notify the applicant that the order was entered and of the reasons for the order and that upon receipt of written request the matter shall be set down for a hearing to commence within 45 days after the receipt of the order unless the applicant and the department consent to a later date. If a hearing is not requested within 15 days and none is ordered by the department, an appropriate order shall be entered and remain in effect until it is modified or vacated by the department. If a hearing is requested or ordered, the department may enter an appropriate order of its determination, after notice and hearing.
(2) For the purpose of an investigation or proceeding under this act, the department may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of records or other documents which the department deems relevant or material to the inquiry. Before any of the requirements of this subsection become operative, the department shall obtain an order of the circuit court for the information by a showing that there is good cause that a violation has taken place or is about to take place, and all of the subpoenas or orders shall issue from the circuit court.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2340 - Effect of Appeal.

125.2340 Effect of appeal.
Sec. 40.
An appeal to a court of competent jurisdiction pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, shall not automatically stay a cease and desist order issued by the department or prevent the department from seeking an order in a court of competent jurisdiction enjoining the violation of a cease and desist order. In other cases, an appeal to the department pursuant to this act, or to a court of competent jurisdiction pursuant to Act No. 306 of the Public Acts of 1969, shall act as a stay upon any other order, determination, decision, or action appealed from, unless the department establishes that immediate enforcement of the order, determination, decision, or action is necessary to avoid substantial peril to life or property.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2341 - Injunction.

125.2341 Injunction.
Sec. 41.
The department, a prosecuting attorney, or municipal attorney may bring an action in a court of competent jurisdiction against a person to enjoin that person from engaging or continuing in a violation of this act, a rule promulgated under this act.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2342 - Violation as Misdemeanor; Penalty.

125.2342 Violation as misdemeanor; penalty.
Sec. 42.
A person who violates this act or the code promulgated under this act is guilty of a misdemeanor punishable by a fine of not more than $500.00 per day for each separate violation or imprisonment for not more than 1 year, or both.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2343a - Summary Suspension of License.

125.2343a Summary suspension of license.
Sec. 43a.
If the department finds that the health, safety, or welfare requires emergency action, and incorporates that finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and determined.
History:
Add. 1988, Act 337, Eff. May 1, 1989
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2344 - Remedies Not Mutually Exclusive.

125.2344 Remedies not mutually exclusive.
Sec. 44.
The remedies provided for in this act are not mutually exclusive and the department may use as many remedies as it considers necessary.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2345 - Other Prosecution and Enforcement Not Prohibited.

125.2345 Other prosecution and enforcement not prohibited.
Sec. 45.
(1) This act shall not be construed to prohibit the prosecution or punishment of a person for conduct which constitutes a crime by statute or at common law.
(2) This act shall not be construed to prohibit a municipality from enforcing its local ordinances or from taking any other appropriate action to protect the public health, safety, or welfare as authorized by law or its charter.
History:
1987, Act 96, Imd. Eff. July 6, 1987
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2348b - Imminent Danger to Health or Lives of Individuals; Order by Local Health Department.

125.2348b Imminent danger to health or lives of individuals; order by local health department.
Sec. 48b.
If the condition of a mobile home park or seasonal mobile home park is an imminent danger to the health or lives of individuals, the local health department may issue an order under section 2451 of the public health code, 1978 PA 368, MCL 333.2451, including, but not limited to, an order requiring the mobile home park or seasonal mobile home park to cease operation or prohibiting the presence of individuals at all or part of the park because of the condition of the park.
History:
Add. 2015, Act 40, Eff. Sept. 1, 2015
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2349 - Legislative Intent and Declarations.

125.2349 Legislative intent and declarations.
Sec. 49.
This act is intended to eliminate the confusion with respect to the legal status of Act No. 419 of the Public Acts of 1976 as a result of attorney general opinion no. 6438 of 1987. The legislature hereby makes the following declarations:
(a) The legislature, through the enactment of Act No. 299 of the Public Acts of 1986, intended to repeal section 47 of Act No. 419 of the Public Acts of 1976 and thereby maintain Act No. 419 of the Public Acts of 1976 in effect.
(b) This act is intended to remedy and cure any defect, actual or illusory, in the passage of Act No. 299 of the Public Acts of 1986.
(c) This act does not dissolve and recreate the mobile home commission created pursuant to Act No. 419 of the Public Acts of 1976 and the mobile home commission is intended to be the same mobile home commission created and operating pursuant to Act No. 419 of the Public Acts of 1976, without interruption.
(d) This act validates all action taken by the department and the mobile home commission on and after January 10, 1987, if such action is otherwise valid under this act. All applications, complaints, and other proceedings commenced or continued on and after January 10, 1987 are deemed to be valid and commenced or continued under this act, if such applications, complaints, and other proceedings are otherwise valid under this act.
(e) Any administrative rules promulgated under Act No. 419 of the Public Acts of 1976 shall be considered to have remained in effect and without interruption pursuant to this act regardless of the repeal of Act No. 419 of the Public Acts of 1976.
(f) All rights, powers, duties, and liabilities of any person or entity under Act No. 419 of the Public Acts of 1976 shall continue, without interruption, under this act.
(g) This act is remedial and curative and shall apply from January 10, 1987 and is intended to be a continuation without interruption of Act No. 419 of the Public Acts of 1976.
History:
1987, Act 96, Imd. Eff. July 6, 1987
Admin Rule:
R 125.1101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350) › Section 125.2350 - Availability of List of Powers and Duties of State or Local Governmental Entity.

125.2350 Availability of list of powers and duties of state or local governmental entity.
Sec. 50.
Any state governmental entity or local government that exercises powers or performs duties under this act shall make publicly available a list of its powers and duties under this act. For the purposes of this section, a local government may utilize a list prepared by a statewide association.
History:
Add. 2015, Act 40, Eff. Sept. 1, 2015
Compiler's Notes:
Former MCL 125.2350, which contained a prospective repeal provision, was repealed by Act 337 of 1988, Imd. Eff. Oct. 18, 1988.
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Repealed - Act 409 of 1988 - Economic Development Organization Act (125.2401 - 125.2411)

ECONOMIC DEVELOPMENT ORGANIZATION ACT
Act 409 of 1988
125.2401-125.2411 Repealed. 1988, Act 409, Eff. Oct. 1, 1990.
Compiler's Notes:
This act was repealed by MCL 125.2411, Eff. Oct. 1, 1990. Act 351 of 1990, Imd. Eff. Dec. 26, 1990, amended MCL 125.2411 to read as follows: “Sec. 11. This act is repealed effective October 1, 1992.”
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2451 - Short Title; Meaning of Words and Phrases.

125.2451 Short title; meaning of words and phrases.
Sec. 1.
(1) This act shall be known and may be cited as the "land reclamation and improvement authority act".
(2) For the purposes of this act, the words and phrases defined in sections 2 and 3 have the meanings ascribed to them in those sections.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2452 - Definitions; A, B.

125.2452 Definitions; A, B.
Sec. 2.
(1) "Authority", unless the context clearly implies a different meaning, means a land reclamation and improvement authority established pursuant to sections 4 to 7.
(2) "Authority board" means the governing body of an authority provided for in section 8.
(3) "Authority district" means the territory within which an authority exercises its jurisdiction.
(4) "Blighted area" means land that satisfies all of the following requirements:
(a) The land was used for mining, commercial, or industrial purposes.
(b) The mining, commercial, or industrial use significantly disturbed the natural qualities of the land.
(c) The land is not currently useful for residential, recreational, or commercial purposes.
(d) The land can be reclaimed and made useful for residential, recreational, or commercial purposes.
(e) The land is not a site listed under section 20105 of part 201 (environmental remediation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.20105 of the Michigan Compiled Laws, or on the national priorities list established pursuant to section 105 of title I of the comprehensive environmental response, compensation and liability act of 1980, Public Law 96-510, 42 U.S.C. 9605.
History:
1992, Act 173, Imd. Eff. July 21, 1992 ;-- Am. 1996, Act 49, Imd. Eff. Feb. 26, 1996
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2454 - Land Reclamation and Improvement Authority; Establishment; Petition Requirements.

125.2454 Land reclamation and improvement authority; establishment; petition requirements.
Sec. 4.
A person seeking to establish a land reclamation and improvement authority shall file a petition with the department. The petition shall meet all of the following requirements:
(a) Include all of the following:
(i) The name and address of the person filing the petition.
(ii) The name of the proposed authority, which shall not be similar to the name of the county within which the proposed authority district is located or to the name of a local unit of government all or part of which is located within that county.
(iii) The boundaries of the proposed authority district.
(iv) A description of a blighted area within the proposed authority district.
(v) A general description of anticipated improvements, including a preliminary estimate of costs and schedule of completion.
(vi) A request that the department approve the establishment of the authority.
(b) Be signed by the record owners of all of the land within the proposed authority district.
(c) Be accompanied by a written nomination of 1 individual for appointment to a 4-year term and 1 individual for appointment to a 6-year term on the authority board.
(d) A copy of the petition, with copies of all items listed in subdivision (a), shall be filed with the director of the department of natural resources at the same time as the petition is filed with the department.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2455 - Petition; Determination of Compliance With Requirements; Public Hearing; Notice; Determination and Certification of Record Owners.

125.2455 Petition; determination of compliance with requirements; public hearing; notice; determination and certification of record owners.
Sec. 5.
(1) Not more than 15 days after a petition is filed, the department shall determine whether the petition meets the requirements of section 4 and, if the petition does not meet those requirements, return the petition to the person who filed the petition. If the department returns a petition, the department shall include with the petition a statement of the reasons that the petition does not meet the requirements of section 4.
(2) Not less than 30 days and not more than 45 days after a petition meeting the requirements of section 4 is filed with the department, the department shall hold a public hearing in the county where the proposed authority district is located. The department shall publish notice of the hearing twice in a newspaper of general circulation in the township or townships in which the proposed authority district is located. The first publication shall be not less than 10 days before the hearing. In addition, the department shall give notice of the hearing in the manner required by the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws, and by first-class mail addressed to each record owner in the proposed authority district, to the county clerk of the county within which the proposed authority district is located, and to the township clerk of each township within which all or part of the proposed authority district is located. At the hearing, persons may comment on whether the proposed authority meets the requirements of section 6.
(3) For purposes of this section, record owners shall be determined by the records in the register of deeds' office as of the day of filing the petition. At the request of the department, a register of deeds shall certify whether the persons joining in the petition are record owners.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2456 - Authority; Establishment; Requirements for Approval; Mailing, Form, and Contents of Statement of Approval or Disapproval.

125.2456 Authority; establishment; requirements for approval; mailing, form, and contents of statement of approval or disapproval.
Sec. 6.
(1) Not more than 30 days after the hearing provided for in section 5, the department shall approve or disapprove the establishment of the proposed authority. The department shall approve the establishment of the authority if all of the following requirements are met:
(a) The proposed authority district contains 1 or more blighted areas that in the aggregate are not less than 20% of the total area of the authority district or 100 acres, whichever is less.
(b) The proposed authority district contains not less than 300 acres.
(c) The proposed authority district had not more than 100 residents when the petition to establish the authority was filed with the department.
(d) The entire proposed authority district is located within 1 or 2 townships and within 1 county.
(e) The blighted area can be reclaimed and made useful for recreational, residential, or commercial purposes. In making this determination, the department shall not consider the costs of or availability of financing for reclamation.
(2) Immediately upon approval or disapproval of the establishment of the proposed authority, the department shall mail a statement of approval or a statement of disapproval by certified mail to the township board of each township within which all or part of the proposed authority district is located, the county board of commissioners of the county within which the proposed authority district is located, and the person that filed the petition. A statement of approval shall be dated and shall set forth the name of the person who filed the petition under section 4, the name of the proposed authority, and the boundaries of the proposed authority district as set forth in the petition. A statement of disapproval shall be dated and shall set forth the reasons for disapproval.
History:
1992, Act 173, Imd. Eff. July 21, 1992
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 173 of 1992 - Land Reclamation and Improvement Authority Act (125.2451 - 125.2488) › Section 125.2457 - Documents; Filing; Recording; Issuance of Certificate; Filing Date.

125.2457 Documents; filing; recording; issuance of certificate; filing date.
Sec. 7.
(1) After the appointment to the authority board of the proposed authority of each of the individuals required to be appointed pursuant to section 8, the person who filed the petition under section 4 shall file all of the following with the secretary of state, the township clerk of each township within which all or part of the proposed authority district is located, and the county clerk and register of deeds of the county within which the proposed authority district is located:
(a) A certified copy of the petition.
(b) A certified copy of the statement of approval.
(c) The certificates under section 10 certifying the individuals appointed to the first authority board.
(2) The secretary of state shall record in an appropriate book of record the documents filed with the secretary of state under subsection (1) and shall issue to the person who filed the petition under section 4 a certificate certifying the establishment of the authority and the boundaries of the authority district.
(3) The authority is established on the date of filing with the secretary of state the documents required to be filed under subsection (1).
History:
1992, Act 173, Imd. Eff. July 21, 1992