QUESTION
Notice and due process in code enforcement
Asked on Aug 03rd, 2021 on Constitutional Law - Michigan
More details to this question:
I was sent a bill for a code violation. Notice was posted on a vacant rental home. When I called to raise the issue of proper notice I was told that the city is not even required to post the notice due to the following provision within their city code. In the case of grass and noxious weeds, notice shall be given by advertising one day in a newspaper of general circulation in the county during the month of March that weeds not cut by May 1 of that year may be cut by the city and the owner of the property charged with the cost under the provisions of section 18-283. The city official claims that this absolves the city from giving any notice concerning violations in reference to the issue of lawn cutting. I wish to challenge this as I believe that it completely fails to provide due process and appropriate notice. 1. Am I correct in my assertion. 2. How do I bring this before the appropriate court?
1 ANSWER
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The short answer: you really can't fight city hall.
If the city posted the ad, and they almost certainly did, they win. The notice they posted is probably adequate and all they have to show is adequate notice.
Everyone knows their lawn has to be cut.
If you did try to actually litigate this, the costs would be prohibitive, perhaps as much tens of thousands of dollars with every judge hearing the matter not wanting to overturn precedent and wondering why you just didn't mow the lawn.
You would likely first have to extinguish all legal rights in state court, if you win at any level they will appeal and it will just cost you more.
The likelihood of success is too low.
Best of luck to you.
Answered on Aug 04th, 2021 at 11:43 AM