DRUG AND PROSTITUTION NUISANCES

Grand Rapids City Code tit. IX, ch. 166

in effect

Grand Rapids City Code § 9.701 Definitions.

Sec. 9.701. - Definitions. For the purposes of this Chapter, the terms defined below shall have the meanings indicated below in this Section: (1) City Commission means the Grand Rapids City Commission or a standing or special Committee of the Grand Rapids City Commission. (2) Owner means any person who possesses or has any legal or equitable interest in a property. Owner also means any person who has or exercises any control, custody or dominion over a property whether or not that person has or claims to have any legal or equitable interest in the property. Owner also means any person having an ownership interest in a property as disclosed by the records referred to in this Chapter. (3) Property means any land, structure, house, building, premises or any part thereof. (4) Repeated and repeatedly mean two (2) or more times. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.702 Legislative Findings with Respect to Drug Use and Prostitution or Soliciting for Prostitution.

Sec. 9.702. - Legislative Findings with Respect to Drug Use and Prostitution or Soliciting for Prostitution. The City Commission determines that whenever the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property or whenever property is repeatedly used for violation of the controlled substances or drug paraphernalia laws or for purposes of prostitution or soliciting for prostitution, a public nuisance may result. Such a public nuisance results from the increased criminal activity that occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic in the neighborhood surrounding the property, the fear engendered in the minds of neighbors and the peace and quiet of residents living in the neighborhood surrounding the property being disturbed. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.703 Authority for Declaration of a Public Nuisance.

Sec. 9.703. - Authority for Declaration of a Public Nuisance. Whenever the illegal use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia repeatedly occurs on any property or when any violation of the controlled substances act or the drug paraphernalia laws or any act of prostitution or soliciting for prostitution occurs repeatedly on any property, the City Commission may declare by resolution that the property is a public nuisance and order that the nuisance be abated as provided in this Chapter. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.704 Procedure for Declaration of a Public Nuisance.

Sec. 9.704. - Procedure for Declaration of a Public Nuisance. A Declaration of a Public Nuisance under the authority of this Chapter shall occur only in accordance with the following procedure: (1) Such a declaration may occur only after there has been notice given to the owner of the property and the owner has had an opportunity to be heard at a public evidentiary hearing before the City Commission. (2) Notice of the public evidentiary hearing shall be given to the owner and shall consist of personal service or the mailing of a certified letter to the owner at the address indicated by the City Assessor's records, the records of the Register of Deeds of Kent County and the records of the City's Housing Inspection office. The notice shall state the nature of the alleged nuisance and the time, date and location of the hearing. If the notice is served by certified mail, it shall be delivered with a return receipt requested according to the practices of the post office. Receipt of the return receipt card by the City indicating the owner's having received such notice shall be deemed notice to the owner. Such notice to an owner shall occur at least seven (7) calendar days prior to the date of the public hearing. As used in this Chapter, "the owner", "an owner," or "owner" shall mean any and all persons that the City is aware of who have or who may have an ownership interest as defined in this Chapter. Whenever this Chapter provides for notice to the owner, it shall be construed to mean that notice shall be given to all persons having a known ownership interest as so defined. (3) The City Commission, sitting as an administrative body as provided for in Title V, Section 1 of the City Charter and acting in a quasi-judicial capacity, shall make a determination as to whether a public nuisance exists under the standards established by this Chapter. The City Commission shall make this determination based solely upon the evidence presented at the public evidentiary hearing. In conducting the public evidentiary hearing, the City Commission shall afford the owner and the Police Department an opportunity to present relevant and material evidence and to make arguments as to factual or legal issues. Cross-examination of opposing witnesses shall be permitted. The owner may appear in person or be represented by an attorney. Lay representation is not permitted. In conducting its public evidentiary hearing, the City Commission shall not be bound by the rules of evidence and may admit and give weight to probative evidence of a nature that is commonly relied upon by reasonably prudent individuals in the conduct of their affairs. Irrelevant, incompetent and immaterial evidence and unduly repetitious evidence shall be excluded. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.705 Abatement of Nuisance and Costs.

Sec. 9.705. - Abatement of Nuisance and Costs. If the Grand Rapids City Commission determines by a preponderance of the evidence that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the City at law or in equity, order abatement of the nuisance. (1) The abatement process shall be conducted as follows: (a) If it is determined that all or a portion of the property is to be ordered vacated, the City Commission shall order the property vacated and declare that occupancy of all or a portion of the property is prohibited and authorized the Police Department to prohibit the occupancy of the property by either padlocking all or a portion of the property or boarding or otherwise securing all or a portion of the property, as is appropriate, for a period of up to one (1) year as the City Commission shall determine based upon the evidence; and/or (b) Determine that the owner shall be liable for the full cost of any materials and personnel (including police and any other City employees or contractors) involved in the padlocking, boarding or securing of the property in the first instance and the full cost of any personnel and materials involved in any subsequent or remedial padlocking, boarding or securing of the property; and/or (c) Determine that the costs set out herein shall be a personal debt of the owner and/or assess those costs against the property as a lien as provided for in the City Charter. (2) Where only a discreet area under the control of a person or persons other than the owner is involved in the illegal activity, the City Commission shall not order that any part of the property other than the part used for the illegal activity be vacated. It is the intent of this provision to protect those truly and completely innocent of any participation in the act and those not having any notice of, or direct or imputed knowledge of, the illegal acts from being deprived of the use of their property. By way of example and not limitation, if only a single apartment in a multiple dwelling is used for illegal purposes as provided for in this Chapter, the City Commission may vacate only the apartment used for the illegal purposes and shall not vacate the entire building. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.706 Presumption of Public Nuisance—Drugs or Drug Paraphernalia.

Sec. 9.706. - Presumption of Public Nuisance—Drugs or Drug Paraphernalia. The City Commission may find that a public nuisance exists if the following conditions are established by the evidence presented at the public evidentiary hearing: (a) The property has been searched by the police and illegal controlled substances or illegal drug paraphernalia have been found by the police; or (b) The property has been the location of a violation of the Michigan controlled substances law or of the Michigan drug paraphernalia law as evidenced by conviction of an individual for violation of either at that location; and (c) A letter, informing the owner that an illegal controlled substance and/or illegal drug paraphernalia has been found by the police at the property or that a drug-related or drug paraphernalia-related crime has been committed on the property, and of the potential consequences if a similar activity occurs at the property, has been: (1) Personally served on an owner; or (2) Sent by certified mail to an owner, as provided for in this Chapter, and a return receipt card has been received by the City; and (d) The same property is searched by the police again within six (6) months from the date of the first search and a controlled substance or drug paraphernalia is found by the police or, if within six (6) months, a subsequent violation of the controlled substances act or the drug paraphernalia law occurs. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.707 Presumption of Public Nuisance—Prostitution or Soliciting for Prostitution.

Sec. 9.707. - Presumption of Public Nuisance—Prostitution or Soliciting for Prostitution. The City Commission may find that a public nuisance exists if the following conditions are established by the evidence presented at the public evidentiary hearing: (a) The property has been the location of an act of prostitution or soliciting for prostitution as proven by the conviction of an individual for engaging in an act of prostitution or soliciting for prostitution at that location, and (b) A letter, informing an owner that an act of prostitution or soliciting for prostitution has occurred on the property and of the potential consequences if a similar activity occurs at the property, has been: (1) Personally served on an owner; or (2) Sent by certified mail to an owner, as provided for in this Chapter, and a return receipt card has been received by the City; and (c) The same property is again proven to be the location of an act of prostitution or soliciting for prostitution by the conviction of an individual for engaging, at that location, in any act prohibited by the laws of this State or of any act prohibited by the Grand Rapids City Code relating to prostitution or soliciting for prostitution. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.708 Notification to the Property Owner.

Sec. 9.708. - Notification to the Property Owner. The notification letters to the property owner provided for in Sections 9.706 and 9.707 of this Chapter and the notice of a public evidentiary hearing provided for in Section 9.704 of this Chapter shall contain a report of the nature of the violation of the law found, the nature of the drugs or drug paraphernalia seized, the individuals involved and, with reasonable specificity, the location of the contraband or illegal act. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.709 Appeal.

Sec. 9.709. - Appeal. (a) An owner aggrieved by any final determination by the City Commission under this Chapter may appeal the determination to the Circuit Court within twenty-one (21) days of the date of the decision. (b) The Circuit Court shall review the City Commission's decision to determine whether the City Commission's decision is in violation of the law, has been procured by fraud, if an abuse of discretion exists, and whether the decision is supported by competent, substantial and material evidence on the record as a whole. The Circuit Court's review shall be made upon the record made before the City Commission. It is the responsibility of the appealing party to demonstrate error. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.710 Posting and Listing of Public Nuisances.

Sec. 9.710. - Posting and Listing of Public Nuisances. (a) Whenever the City Commission shall have ordered a property to be vacated and ordered that occupancy is prohibited, the Police Department shall post a notice so stating at each entrance to any building on the property and at the entrance to each dwelling unit or other portion of the property ordered vacated and shall replace any notices that are missing or unreadable. (b) The City Clerk shall maintain a list of those properties that have been declared to be public nuisances and of the remedy ordered by the City Commission. Immediately upon a declaration of public nuisance as provided for herein, the City Clerk shall add the property to the list. Any citizen requesting a list of such properties shall be supplied one at no charge. The list shall be available for public inspection at the City Clerk's office. (c) No person other than an authorized city employee shall tamper with, damage, alter, destroy or remove any such notice posted by the City. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.711 Entry Into or Use of Any Property of Which the City Commission has Ordered to be Vacated and for Which the City Commission has Prohibited Occupancy.

Sec. 9.711. - Entry Into or Use of Any Property of Which the City Commission has Ordered to be Vacated and for Which the City Commission has Prohibited Occupancy. No person shall enter upon any property that has been declared by the City Commission to be a nuisance and which the City Commission has ordered to be vacated and for which occupancy has been prohibited. It shall be an affirmative defense to a prosecution under this Section that written permission to enter the property was obtained from the Chief of Police. (Ord. No. 93-39, § 1, 9-7-93)

Grand Rapids City Code § 9.712 Penalty.

Sec. 9.712. - Penalty. Whoever violates Section 9.709(c) or Section 9.710 shall be subject to the following minimum criminal penalties which shall be assessed in addition to any other lawful sentence that the sentencing Court may impose: (a) For a first violation, a fine of not less than one hundred seventy-five dollars ($175.00) nor more than five hundred dollars ($500.00). (b) For a second violation, a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00), and imprisonment for not less than ten (10) days nor more than ninety (90) days. (c) For a third or subsequent violation, a fine of not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00), and imprisonment for not less than thirty (30) days nor more than ninety (90) days. (Ord. No. 93-39, § 1, 9-7-93)

Source: City of Grand Rapids, Michigan, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/mi/grand_rapids/codes/code_of_ordinances?nodeId=TIOLRE_CH166DRPRNUFetched: 11/7/2026