MICHIGAN ZONING ENABLING ACT
Act 110 of 2006
125.3407 Certain violations as nuisance per se.
Sec. 407.
Except as otherwise provided by law, a use of land or a dwelling, building, or structure, including a tent or recreational vehicle, used, erected, altered, razed, or converted in violation of a zoning ordinance or regulation adopted under this act is a nuisance per se. The court shall order the nuisance abated, and the owner or agent in charge of the dwelling, building, structure, tent, recreational vehicle, or land is liable for maintaining a nuisance per se. The legislative body shall in the zoning ordinance enacted under this act designate the proper official or officials who shall administer and enforce the zoning ordinance and do 1 of the following for each violation of the zoning ordinance:
(a) Impose a penalty for the violation.
(b) Designate the violation as a municipal civil infraction and impose a civil fine for the violation.
(c) Designate the violation as a blight violation and impose a civil fine or other sanction authorized by law. This subdivision applies only to a city that establishes an administrative hearings bureau pursuant to section 4q of the home rule city act, 1909 PA 279, MCL 117.4q.
History: 2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008
Notes of Decisions
Cited in
37
cases (
16 in the last 5 years), 2008–2026 · leading case:
Morse v. Colitti, 896 N.W.2d 15 (Mich. Ct. App. 2016).
Morse v. Colitti, 896 N.W.2d 15 (Mich. Ct. App. 2016).
· cites it 2× “MCL 125.3407; Lima Twp, 302 Mich App at 493.”
Lima Twp v. Bateson, 302 Mich. App. 483 (Mich. Ct. App. 2013).
· cites it 2× “MCL 125.3407; Travis v Preston (On Rehearing), 249 Mich App 338, 351 ; 643 NW2d 235 (2002).”
Ter Beek v. City of Wyoming, 823 N.W.2d 864 (Mich. Ct. App. 2012).
· cites it 2× “Violations of Wyoming’s city code, including zoning violations, are punishable by “civil sanctions, including, without limitation, fines, damages, expenses and costs,” Wyoming Ordinance, § l-27(a), and zoning violations are further subject to injunctive relief pursuant to…”
Ter Beek v. City of Wyoming, 846 N.W.2d 531 (Mich. 2014).
“The City contends that, because the growth and cultivation of marijuana is a violation of the Ordinance, and violations of zoning ordinances constitute nuisances per se under the Michigan Zoning Enabling Act (MZEA), MCL 125.3407, McQueen permits the City’s regulation through…”
Ypsilanti Charter Twp. v. Kircher, 761 N.W.2d 761 (Mich. Ct. App. 2008).
“MCL 125.3407. However, the Ypsilanti Charter Township property maintenance code was not enacted under the Michigan Zoning Enabling Act.”
Get Back Up, Inc. v. City of Detroit, 878 F. Supp. 2d 794 (E.D. Mich. 2012).
· cites it 5× “Further, by a stipulation of the parties entered contemporaneously with this opinion and order, the Court resolves Plaintiffs Motion for Preliminary Injunction as follows: IT IS HEREBY ORDERED that Defendants City of Detroit and the Board of Zoning Appeals shall not, pursuant to…”
Twp. of Fraser v. Harvey Haney, 932 N.W.2d 239 (Mich. Ct. App. 2018).
“3208, and its authority to abate violations of zoning ordinances as nuisances, MCL 125.3407. This logic is flawed. The preceding authorities *15 do not indicate that defendants may engage in further willful violations of plaintiff's zoning ordinances with impunity.”
Frank Sakorafos v. Charter Twp. of Lyon (Mich. Ct. App. 2023).
· cites it 16× “On January 18, 2022, plaintiffs responded to defendants’ motions, asserting that they had standing to bring the nuisance action under MCL 125.3407 and also under Chapter 48, §11.”
20241114_C366537_36_366537.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 10× “We held that the 2018 plaintiffs were entitled to summary disposition of their nuisance-per-se claim. Id. at 3-4.”
Eagle Twp. v. Shaun Vanalstine (Mich. Ct. App. 2026).
· cites it 6× “[MCL 125.3407 (emphasis added).] As the moving party, the township bore the initial burden to identify the issues about which there were no material factual disputes and provide supporting evidence.”
Matthew Town v. Twp. of Mayfield (Mich. Ct. App. 2020).
· cites it 4× “Plaintiff Matthew Town appeals by right the circuit court’s final order affirming the determination of the Mayfield Township Board granting intervening defendant Tillman Infrastructure, LLC (Tillman) a special land use permit (Count I) for the erection of a wireless…”
Twp. Of Fraser V Harvey Haney (Mich. 2022).
· cites it 4× “In this case, plaintiff sought to enforce its zoning ordinance through a nuisance-abatement action under MCL 125.3407 of the Michigan Zoning Enabling Act, MCL 125.”
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