City Commencing Litigation Against Property Owner For "Junk"
January 4, 2024
Jessica Mathews / news@whmi.com
The City of Howell is proceeding with litigation against a property owner to remove and prevent further accumulation of “junk”.
City Council voted unanimously to seek a permanent injunction against the property owner at 1270 Byron Road and commence litigation in Livingston County Circuit Court for ordinance violations. The owner has received multiple warnings.
The litigation seeks removal of “junk” on the property and permanent injunctive relief to prevent “junk” in the future – which would also apply to anyone who may assist the owner by delivering “junk” to the property.
Mayor Bob Ellis told WHMI the owner has received many citations for having junk on the property, and despite it being removed by court order on one occasion in 2022, he continues to accumulate it. He noted a neighbor spoke to Council during a meeting complaining about all the junk on the property. The neighbor said it has been an ongoing issue, the property was cleaned up temporarily and looks horrible.
Ellis added the property owner reportedly doesn’t drive and it isn’t clear who is transporting all the junk to the property. Once legal action is started, that will be part of the investigation during the discovery process.
City Manager Erv Suida told WHMI it is a clear ordinance violation, saying they dealt with the owner before and had several truckloads of debris removed but he is now building it back up again. He said they’re taking steps to have it removed again, but this time action will be a little stronger and carry a little more weight so hopefully it resolves the issue and they won’t have to deal with it again.
It was noted the owner currently owes municipal fines, refuses to answer his door, has failed to keep promises that he made to the City; and has also violated similar property maintenance rules in another community.
In a memo to Council, City Attorney Dennis Perkins noted that the City Code Enforcement Officer has continued to write Civil Infraction citations to the owner since September of 2023 - with no success - and in his opinion, continuing to write such citations is a waste of time.
Perkins further told Council the owner understands the severity of the situation but refuses to take action to correct it and commencing litigation may be the best way to determine who is bringing the “junk” to the property.