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1 Page 1 of 69 Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> PREAMBLE >> PREAMBLE We, the People of the City of Madison Heights, by the grace of Almighty God, pursuant to authority granted by the Constitution and Statutes of the State of Michigan, in order to secure the benefits of efficient self-government, and promote our common welfare, do hereby ordain and establish this Home Rule City Charter. CHAPTER 1. - NAME AND BOUNDARIES CHAPTER 2. - MUNICIPAL POWERS CHAPTER 3. - ORGANIZATION OF GOVERNMENT CHAPTER 4. - ELECTIONS CHAPTER 5. - GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY CHAPTER 6. - THE COUNCIL: PROCEDURE AND MISCELLANEOUS POWERS AND DUTIES CHAPTER 7. - LEGISLATION CHAPTER 8. - GENERAL FINANCE BUDGET, AUDIT CHAPTER 9. - TAXATION CHAPTER BORROWING POWER CHAPTER SPECIAL ASSESSMENTS CHAPTER PURCHASES; CONTRACTS; LEASES CHAPTER MUNICIPAL UTILITIES CHAPTER PUBLIC UTILITY FRANCHISES CHAPTER SUPERVISORS CHAPTER MUNICIPAL COURT CHAPTER MISCELLANEOUS CHAPTER CIVIL SERVICE FOR POLICE AND FIRE DEPARTMENTS CHAPTER POLICE AND FIRE DEPARTMENT PENSION AND RETIREMENT SYSTEM CHAPTER SCHEDULE Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> - PREAMBLE >> CHAPTER 1. - NAME AND BOUNDARIES >> CHAPTER 1. - NAME AND BOUNDARIES Section Name and Boundaries. Section Name and Boundaries. The municipal corporation, heretofore created by the vote of the electors on the 17th day of January, A.D., 1955, and shown by its Record, in the office of the Secretary of State, to be a duly and legally incorporated home-rule city from January 24th, 1955, under provisions of Act 279 of the Public Acts of 1909 [MSA et seq.] as amended, shall be known as the "City of Madison Heights." It is a body corporate and politic and shall have perpetual succession. Said municipal corporation shall embrace the following described territory set apart from Royal Oak Township, Oakland County, Michigan, heretofore known as the eastern portion of

2 Page 2 of 69 Royal Oak Township and as Royal Oak Township, together with such territory as may from time to time be attached thereto, and less such territory as may from time to time be detached therefrom, in accordance with law: Beginning at the center line of the intersection of 10 Mile Road and Dequindre Road; thence proceeding in a northerly direction along the center line of Dequindre Road to the center line of the intersection with 14 Mile Road; thence westerly along the center line of 14 Mile Road to the center line of the intersection of Campbell and 14 Mile Road; thence southerly along the center line of Campbell to the intersection of the center line of 12 Mile Road and Campbell; thence easterly along the center line of 12 Mile Road to a point which is the easterly boundary line of the City of Royal Oak and the westerly boundary line of the Township of Royal Oak; thence in a southerly direction along said easterly boundary line of the City of Royal Oak, which is also the westerly boundary line of the Township of Royal Oak to a point of intersection in the center line of 10 Mile Road; thence easterly along the center line of 10 Mile Road to a point of beginning, also known as Sections 1, 2, 11, 12, 13, 24 and Fractional Section 14 and Fractional Section 23, Royal Oak Township, Oakland County, Michigan, except therefrom a part of the N.W. ¼ of Section 2, T. 1N., R 11 E., described as beginning at a point on the West line of said section at its intersection with the north line of Norchester Woods Subdivision as recorded in Liber 43 of plats, page 28, Oakland County records; thence east along said north line 1272, 12 feet; thence north feet; thence westerly feet to the west line of said section; thence south feet to the point of beginning; said area containing 22 acres. (The territory so incorporated is herein described as it was when under the government of said Royal Oak Township.) Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> - PREAMBLE >> CHAPTER 2. - MUNICIPAL POWERS >> CHAPTER 2. - MUNICIPAL POWERS Section General Powers. Section Further Definition of Power. Section General Powers. Unless otherwise provided or limited in this Charter, the city and its officers shall possess and be vested with any and all powers, privileges and immunities, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise or to provide for in their charters under the Constitution and statutes of the State of Michigan, including all powers, privileges and immunities which cities are or may be permitted to provide in their charters by Act 279 of the Public Acts of 1909 of the State of Michigan [MSA et seq.], as amended, as fully and completely as though these powers, privileges and immunities were specifically enumerated in and provided for in this Charter, and in no case shall any enumeration of particular powers, privileges or immunities herein be held to be exclusive. The city and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal

3 Page 3 of 69 government, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances and resolutions relating to its municipal concerns, subject to the provisions of the Constitution, statutes and this Charter. State law reference For similar provisions see MSA ; restrictions on provisions of city charters, MSA Section Further Definition of Power. In addition to the powers possessed by the city under the Constitution and statutes, and those set forth throughout this Charter, the city shall have power with respect to, and may, by ordinance and other lawful acts of its officers, provide for the following, subject to any specific limitations placed thereon by this Charter or by law: (a) (b) (c) (d) (e) (f) (g) (h) The acquisition, by purchase, gift, condemnation, lease, construction or otherwise, either within or without the County of Oakland of the following improvements including the necessary lands therefor; viz: City Hall, Police Stations, Fire Stations, boulevards, streets, alleys, public parks, recreation grounds, museums, libraries, city prison and penal institutions, hospitals, waterworks plants, facilities and systems, sewage disposal plants, facilities and systems, public works and public buildings of all kinds, which may be required for or incidental to the present or future exercise of the purposes, powers and duties of the city, either proprietary, governmental or otherwise; and for the establishment, maintenance and operation of the necessary departments to operate the same, including both equipment and personnel. (Amended November 6, 1962) The maintenance, development, operation, leasing and disposal of city property subject [to] any restrictions placed thereon by this Charter or by law; The installation and connection of conduit for the services of any municipally owned and/or operated electric lighting service, and the issuance of bonds therefor under Sec b(3), 1958 Compiled Laws of Michigan [MSA ], if and when approved by the electorate; The establishment and vacation of streets, alleys, public ways and other public places, and the use, regulation, improvement and control of the surface of such streets, alleys, public ways and other public places and of the space above and beneath them; The use, by other than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owner thereof; A plan of streets and alleys within and for a distance of not more than three (3) miles beyond the municipal limits; The use, control and regulation of streams within its boundaries, subject [to] any limitations imposed by law; The acquiring, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility

4 Page 4 of 69 (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) basis, and for such purpose to acquire a gift, purchase, condemnation or otherwise, the land necessary therefor; Regulating, restricting and limiting the number and locations of oil and gasoline stations, trailer camps and beer gardens; The establishing of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings, and required open spaces for light and ventilation of such buildings, and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning; The regulating of trades, occupations and amusements within the city, not inconsistent with state and federal laws, and for the prohibiting of such trades, occupations and amusements as are detrimental to the health, morals or welfare of its inhabitants; Licensing, regulating, restricting and limiting the number, size and locations of advertising signs or displays and billboards within the city; The preventing of injury or annoyance to the inhabitants of the city from anything which is dangerous, offensive, or unhealthful, and for preventing and abating nuisances and punishing those occasioning them or neglecting or refusing to abate, discontinue or remove the same; Prescribing of the terms and conditions under which top soil may be removed from any land lying within the city; the maintenance of grades, and the filling of land lying within the city; The prescribing of the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment of reasonable sums for licenses; and requiring the furnishing of a bond to the city for the faithful observance of the conditions under which licenses are granted, and otherwise conditioning such licenses as the Council may prescribe; The prohibiting or regulating of all landings of aircraft within its boundaries, and, for the purpose of promoting and preserving the public peace, safety and welfare, controlling and regulating the use of the air above the city by aircraft of all types; The prohibiting or regulating of the use, occupancy, sanitation and parking of house trailers within the city, and the right of the city to so regulate any house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever; The requiring of an owner of real property within the city to maintain sidewalks abutting upon such property, if the property be in a platted subdivision where properties have such sidewalks, and, if the owner be unknown, to repair and/or maintain such sidewalks as a public health and safety measure, and assess the cost thereof against the abutting property. The Council shall enact legislation to implement this provision; The requiring of an owner of real property within the city to abate public hazards and nuisances which are dangerous to the health or safety of inhabitants of the city within a reasonable time after the Council notifies him that such hazard or nuisance exists, and if the owner fails to comply with such requirements, or if the owner is unknown, to abate such hazards or nuisance and assess the cost thereof against such property in accordance with Section 11.9

5 Page 5 of 69 (u) (v) The compelling of owners of real property within the city to keep sidewalks abutting upon their property clear from snow, ice or other obstructions, and if the owner fails to comply with such requirements, to remove such snow, ice or other obstructions and assess the cost thereof against the abutting property in accordance with Section 11.9 In the interest of public health and safety, the compelling of the owners of lots and parcels of land, at their own expense, to keep obnoxious weeds, and grasses interspersed with such weeds, mowed and cut down thereon, and to keep such property clear of garbage, rubbish and refuse. The Council, after recommendation to that effect by the Board of Health, is authorized to enforce this provision and provide penalties for violations; and, in case any such lots and lands are not so maintained by owners, to cause such required mowing and clearing by a city agency and assess at least the entire cost thereof against the respective lands so temporarily maintained by the city, but not to assess any part of such cost against any lots or parcels of land not so mowed and cleared by the city; The prohibiting, or regulating by ordinance, the dumping of rubbish, garbage or refuse within the City of Madison Heights. State law reference See permissible Charter provisions, MSA Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> - PREAMBLE >> CHAPTER 3. - ORGANIZATION OF GOVERNMENT >> CHAPTER 3. - ORGANIZATION OF GOVERNMENT Section The City Council. Section Qualifications of Councilmen. Section Compensation of Mayor and Councilmen. Section Election of Mayor; Mayor Pro Tem. Section Duties of Mayor. Section Administrative Service. Section City Manager Appointment and Qualifications. Section City Manager Functions and Duties. Section Acting City Manager. Section Relationship of Council to Administrative Service. Section Clerk Functions and Duties. Section Treasurer Functions and Duties. Section Assessor Functions and Duties. Section Attorney Functions and Duties. Section Compensation of Attorney and Special Counsel. Section Planning and Zoning. Section Plats. Section Independent Boards and Commissions. Section The City Council.

6 Page 6 of 69 The electors of the city shall elect a City Council of six (6) members and the Mayor, which shall constitute the legislative and governing body of the city which shall have power and authority, except as in this Charter, or by law providing otherwise, to exercise all powers conferred upon or possessed by the city, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "Council" is used in this Charter, the same shall mean such City Council and shall be synonymous with the word "Commission," or any other term used in any state or federal law in referring to municipal legislative or governing bodies. The Council shall cause to be designed and shall adopt a municipal Seal. No compensations, allowances, expense moneys, or gift moneys shall be appropriated for or paid to any Councilman, Mayor or other city officer, board or employee from city funds, except as duly provided for in the Budget under Section 8.5, within the limitations of Section 9.1 thereof. Editor's note The above provisions relative to compensation to elected officers are superseded by Ordinance No. 454 of , relating to the compensation commission, and adopted pursuant to MSA (3). See chapter 2, article VII of the Code of Ordinances. State law reference Mandatory that Charter provide for election of certain officers and their compensation, MSA Section Qualifications of Councilmen. Members of the Council shall meet the eligibility requirements contained in Section 5.1 of this Charter. The Council shall be sole judge of the election and qualifications of its own members, subject only to review by court. State law reference Mandatory that Charter prescribe qualifications of officers, MSA Section Compensation of Mayor and Councilmen. Members of the Council shall receive an annual salary of five hundred dollars ($500.00) per year, payable quarter-annually, for their services rendered as such. The Mayor of the City shall receive an annual salary of seven hundred fifty dollars ($750.00) per year, payable quarter-annually for his or her services rendered as such. Members of the Council, including the Mayor, shall meet regularly once in every two (2) weeks, upon such date as may be set by the Council as a regular meeting date. Members of the Council and the Mayor may receive an additional sum up to the maximum of five hundred dollars ($500.00) annually for expenses actually incurred in service in behalf of the city. Compensation for attendance at special meetings shall be authorized and shall be paid upon order of the Council. Editor's note See editor's note following section 3.1 State law reference Mandatory that Charter provide for compensation of officers, MSA Section Election of Mayor; Mayor Pro Tem.

7 Page 7 of 69 At each regular city election the mayoral candidate receiving the highest number of votes shall be deemed the duly elected mayor of the City of Madison Heights. The Council, at its first meeting after each regular city election, shall designate one of their number to act as Mayor Pro Tem. Such selection shall be by an open ballot of a majority vote of the members of Council, including the Mayor, designating the Mayor Pro Tem. The Mayor and Mayor Pro Tem shall serve in that capacity until the next regular city election; provided, however, that each officer shall continue in office until his successor has been selected and sworn in. In the event of absence or disability of both Mayor and Mayor Pro Tem, the Council may designate another of its members to serve as acting Mayor during such absence or disability. (Amended November 6, 1985) State law reference Mandatory that Charter provide for election of certain officers, MSA Section Duties of Mayor. (a) Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the city. He shall have a voice and vote in all proceedings of the Council equal with that of other members of the Council, but shall have no veto power. He shall be the presiding officer of the Council. (b) The Mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers conferred upon sheriffs to suppress riot and disorder and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the city and to suppress riot and disorder. (c) The Mayor shall execute or authenticate by his signature such instruments as the Council, this Charter, or any statutes of the State of Michigan, or laws of the United States, shall require. (d) Except as may be required by statute, the Mayor shall exercise only such powers as this Charter or the Council shall specifically confer upon him. (e) In the absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of Mayor. In the absence or disability of both, the designated Acting Mayor shall perform such duties. Absence or disability in this chapter shall mean only such conditions and situations as make the officer unable to perform his duty as of a necessary time or place. State law reference Mandatory that Charter prescribe duties of officers, MSA Section Administrative Service. Administrative officers enumerated; appointment, confirmation, term, compensation: The administrative officers of the city shall be the City Manager, Attorney, Clerk, Treasurer, Assessor and such additional administrative officers as may be created by ordinance. The Council may, by ordinance, combine any administrative officers in any manner it deems necessary or advisable for the proper and efficient operation of the city. The City Manager and Attorney shall be appointed by the Council for an indefinite period, shall be responsible to and serve at the pleasure of the Council and shall have their compensation fixed by the Council. With the exception of the City Manager and Attorney, all administrative officers of the city, including Department Heads, shall be appointed by the City Manager for an indefinite period, subject to confirmation by the Council; all other employees of the city shall be appointed by the City Manager for an indefinite period. Such officers and employees shall have their

8 Page 8 of 69 compensation fixed by the City Manager, in accordance with the budget appropriations, with the consent of the Council. Such officers and employees may be discharged by the City Manager upon cause without confirmation by the Council. Council: Except as may be otherwise required or limited by this Charter or by law, the Council shall establish by ordinance such departments of the city as it deems necessary or advisable and shall prescribe therein the functions of each department and the duties, authorities and responsibilities of the officers of each department. The City Manager may prescribe such duties and responsibilities of the officers of those departments responsible to him which are not inconsistent with this Charter or with any ordinance or resolution. All personnel employed by the city who are not elected officers of the city or administrative officers by, or under the authority of this Charter, shall be deemed to be employees of the city. Any employee or administrative officer who has been discharged may within ten (10) days thereafter, petition the Council to hear the facts regarding such discharge, and in any such case the Council shall hold a hearing within ten (10) days after the filing of such petition, and inquire into such facts and make such recommendation in the matter as it considers proper. (Amended April 4, 1960) State law reference Mandatory that Charter provide for compensation of city officers, MSA Section City Manager Appointment and Qualifications. City Manager; qualifications, appointment, tenure: The City Council shall appoint a City Manager within ninety (90) days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of the majority of the Council. He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his training and experience. The Manager is specifically exempt from any qualifications herein set forth concerning the time or place or residence within the city, provided, he shall become a resident of the city on or before six (6) months after his employment. (Amended February 16, 1960) State law reference Mandatory that Charter prescribe qualifications of officers, MSA Section City Manager Functions and Duties. The City Manager shall be the chief administrative officer of the city government. His functions and duties shall be: (a) (b) (c) (d) (e) (f) To be responsible to the Council for the efficient administration of all administrative departments of the city government except the department under the direction of the Attorney; To see that all laws and ordinances are enforced; To appoint, with the consent of the Council, the heads of the several city departments whose appointments are not otherwise specified in this Charter and to discharge such department heads without the consent of the Council and to direct and supervise such department heads; To give the proper department or officials ample notice of the expiration or termination of any franchise, contracts or agreements; To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;

9 Page 9 of 69 (g) (h) (i) (j) To recommend an annual budget to the Council and to administer the budget as finally adopted under policies formulated by the Council, and to keep the Council fully advised at all times as to the financial condition and needs of the city; To recommend to the Council for adoption such measures as he may deem necessary or expedient; and to attend Council meetings with the right to take part in discussion but not to vote; To exercise and perform all administrative functions of the city that are not imposed by this Charter or ordinance upon some other official; To be responsible for the maintenance of a system of accounts of the city which shall conform to any uniform system required by law and by the Council and to generally accepted principles and procedure of governmental accounting. He shall make monthly financial statements to the Council. To perform such other duties as may be prescribed by this Charter or as may be required of him by ordinance or by direction of the Council. State law reference Mandatory that Charter prescribe duties of officers, MSA Section Acting City Manager. The Council may appoint or designate an Acting City Manager during the period of a vacancy in the office or during a temporary absence of the City Manager from the city. Such Acting Manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager except such work as the Council may withhold. Section Relationship of Council to Administrative Service. Neither the Council nor any of its members or committees shall dictate the appointment of any person to office by the City Manager, or in any way interfere with the City Manager or other city officer to prevent them from exercising their judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry concerning such appointments, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager. Section Clerk Functions and Duties. (a) (b) (c) (d) (e) (f) The Clerk shall be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language. The Clerk shall be custodian of the city seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall also be custodian of all papers, documents and records pertaining to the city, the custody of which is not otherwise provided for. The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Council. The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this Charter. The Clerk shall have power to administer oaths of office. The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council or by the City Manager. State law reference Mandatory that Charter prescribe duties of officers, MSA

10 Page 10 of 69 Section Treasurer Functions and Duties. (a) (b) (c) (d) (e) (f) The Treasurer shall have the custody of all moneys of the city, and bond pertaining solely to the Clerk and all evidence of indebtedness belonging to the city or held in trust by the city. The Treasurer shall collect all moneys of the city, the collection of which is not provided for elsewhere by Charter or ordinance. He shall receive from other officers and employees, including fines, license fees and all other charges. All money shall be turned over to the Treasurer after collection or receipt, and he shall in all cases give a receipt. The Treasurer shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the accounting officer of the city. The Treasurer shall disburse all city funds in accordance with the provisions of statute, the Charter and procedures to be established by the Council. The Treasurer shall have such powers, duties, prerogatives in regard to the collection and custody of state, county, school district and city taxes as are conferred by statute upon township treasurers in connection with state, county, township and school district taxes upon real and personal property. The Treasurer shall perform such other duties as may be prescribed for him by statute, by this Charter, by the Council or by the City Manager. State law reference Mandatory that Charter prescribe duties of officers, MSA Section Assessor Functions and Duties. The Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon, assessing officers by statute. He shall prepare all regular and special assessment rolls in the manner prescribed by this Charter, by ordinance and by statute. He shall perform such other duties as may be prescribed for him in this Charter, by the Council or by the City Manager. State law reference Mandatory that Charter prescribe duties of officers, MSA Section Attorney Functions and Duties. (a) (b) (c) (d) The Attorney shall act as legal advisor to and be attorney and counsel for, the Council, Boards and Administrative Officers, and shall be solely responsible to the Council. The Attorney is specifically exempt from any qualifications herein set forth concerning the time or place of residence within the city. He shall in writing advise any officer or department head of the city in matters relating to his official duties when so requested and shall file with the Clerk a copy of all written opinions given by him. The Attorney shall prosecute such ordinance violations and he shall conduct for the city such cases in court and before other legally constituted tribunals as the Council may request. He shall file with the Clerk copies of such records and files relating thereto as the Council may direct. The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council, Boards or Administrative Officers, and shall promptly give his opinions as to the legality thereof.

11 Page 11 of 69 The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the city. (e) The Attorney shall perform such other duties as may be prescribed for him by this Charter or by the Council. (f) Upon the recommendation of the Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the city has an interest, or to assist and counsel with the Attorney therein; or provide such other personnel or assistants as necessary to carry on the function of the office. State law reference Mandatory that Charter prescribe duties of officers, MSA Section Compensation of Attorney and Special Counsel. The compensation set by the Council for the Attorney shall be in contemplation of the normal duties of that office. Special compensation may be provided at the discretion of the Council for appeals to, or litigation commenced in, Federal Court, Circuit Court or State Supreme Court; for work requiring extensive hearings before quasi-judicial or administrative tribunals; for legal work in connection with the issuance of bonds of the city; for condemnation proceedings or for other matters outside the scope of his normal duties. No such special compensation, nor any compensation to special legal counsel, shall be paid except in accordance with an agreement between the Council and the Attorney or special counsel made before the service for which such special compensation is to be paid has been rendered. State law reference Mandatory that Charter provide for compensation of officers, MSA Section Planning and Zoning. The Council may establish by ordinance a City Planning Commission in accordance with and having all the powers and duties granted by the provisions of statutes relating to such commissions. The Council shall maintain a zoning ordinance in accordance with the provisions of state law relating to such ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the City Planning Commission. The Council shall appoint or be a Board of Zoning Appeals. The Zoning Ordinance and the Building Code of the Township of Royal Oak, under the conditions of Section 7.1 hereof, shall continue in full force and effect in the territory incorporated within the city and be administered therein by the city until amended or repealed or found invalid. In the administration of such Code the Council shall provide for the collection of fees for building permits and a system of inspection of construction, plumbing and electrical work, such as will safeguard construction and shall set up a schedule of charges for same, such as will render a net income to the City Treasury as to that work. Editor's note Provision for using the zoning ordinance of the Township of Royal Oaks was declared invalid, see Stevens v. City of Madison Heights, 358 Mich. 90, 99 N.W.2d 564 (Mich. 1959). The City of Madison Heights has since adopted its own zoning ordinance, see App. A in the Code of Ordinances. State law reference Provisions in Charter for zoning are permissible, MSA

12 Page 12 of 69 Section Plats. No lands or premises shall hereafter be laid out, divided and platted into lots, streets and alleys, within the city, except by permission and approval of the Council. The Council shall have authority to impose reasonable terms and conditions, including the posting of adequate performance bonds, prior to or upon the approval of any plat. No plat shall be permitted or approved by the Council which shall contain any residential lot or lots of less than one hundred and forty (140) feet in depth, or less than fifty (50) feet in width, unless such plat shall be of an irregular shape, thereby making certain lots unavoidably of less than one hundred and forty (140) feet in depth; in which event the Council shall require the said lot or lots to be of sufficient additional width so that the total number of square feet contained in any lot shall not be less than seven thousand (7,000) square feet except lots platted in accordance with the provisions of this Charter or ordinances of the city providing for business frontage. No plat shall be approved unless it conforms to such general plan as may be adopted by the Council for the width and location of streets, which plan, however, shall not conflict with any such state or county plan, or unless the person, firm or corporation owning the land proposed to be platted shall first agree to install therein adequate water and sewer mains and all public improvements required to place the area to be platted and used on an equal footing with respect thereto with the property adjacent to or surrounding such land proposed to be platted. Such installation of utility improvements may be progressive, through the development of the parts of a subdivision, one part at a time. Provided, however, that no building permit shall issue for construction of a dwelling house or other structure in any part until and unless such necessary utilities exist to serve the structure. Provided, further, improvements required to be installed by landowners hereunder, shall not be deemed to include any public utilities sponsored and installed by the state, county or any Metropolitan Authority under provisions of law. Section Independent Boards and Commissions. The Council may not create any board or commission other than those provided for in this Charter, to administer any activity, department or agency of the city government except: (a) A municipal hospital service; (b) Recreation; or (c) Any activity which by statute is required to be so administered. The Council may; however, establish: (a) (b) Quasi-judicial appeal boards, and Boards or commissions to serve solely in any advisory capacity. Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> - PREAMBLE >> CHAPTER 4. - ELECTIONS >> CHAPTER 4. - ELECTIONS [2] Section Qualification of Electors. Section Election Procedure.

13 Page 13 of 69 Section Wards and Precincts. Section [Regular City Election Date.] Section Elective Officers and Terms of Office. Section Special Elections. Section Notice of Elections. Section Voting Hours. Sec Nomination of Candidates. Section Form of Petitions. Section Approval of Petition. Section Public Inspection of Petitions. Section Election Commission. Section Form of Ballot. Section Canvass of Votes. Section Tie Vote. Section Recount. Section Recall. Section Commencement of Term of Office. Section Qualification of Electors. The residents of the city having the qualifications of electors in the State of Michigan shall be eligible to vote upon being duly registered by the city. State law reference Mandatory that Charter provide for registration of electors, MSA ; qualifications for registration as elector, MSA Section Election Procedure. The election of all city officers shall be on a nonpartisan basis. The general election statutes shall apply to and control, as near as may be, all procedures relating to registration and city elections except as such statutes relate to political parties or partisan procedure. State law reference Holding of elections, MSA et seq.; conduct of elections and manner of voting, MSA et seq., Section Wards and Precincts. The City of Madison Heights originally shall consist of one ward and seven (7) voting precincts. The Council may from time to time establish by ordinance convenient election precincts. State law reference Mandatory that Charter provide for one or more wards, MSA ; election precincts, MSA et seq. Section [Regular City Election Date.] Beginning with the year 1961 a regular city election shall be held on the first Monday in April, and every two (2) years thereafter, but if some other date in the months of March, April or May is fixed by law for the holding of the biennial spring election, then the regular city election shall be held on the date so fixed. (Amended November 4, 1958)

14 Page 14 of 69 State law reference Mandatory that Charter provide for time, manner and means of holding elections, MSA Section Elective Officers and Terms of Office. The elective officers of the city shall be a mayor, six (6) councilmen, a municipal judge, an associate municipal judge, three (3) members of a board of review and two (2) constables, all of whom shall be nominated and elected from the city at large. At the election to be held on the first Monday in April, 1960, there shall be elected a Mayor for a term of one year, six (6) councilmen, three (3) for a term of one year and three (3) for a term of three (3) years, a municipal judge and an associate municipal judge, each for a term of three (3) years, three (3) members of a board of review for a one year term and two (2) constables for a one year term. At this election the three (3) candidates for council receiving the highest vote shall be elected for three (3) year terms and the next three (3) candidates for council receiving the next highest number of votes shall be elected for a one year term. At the election to be held on the first Monday in April, 1961, and each two (2) years thereafter, there shall be elected a Mayor for a term of two (2) years, three (3) councilmen for a term of four (4) years, three (3) members of a board of review for a term of two (2) years and two (2) constables for a term of two (2) years. Commencing with the regular election held during the year of 1967 and every four (4) years thereafter, there shall be elected two (2) constables for a term of four (4) years. At the 1963 regular election and each four (4) years thereafter, there shall be elected one municipal judge and one associate municipal judge, each for a four (4) year term. The terms of office of each elective officer shall commence at 8:00 p.m. on the Monday next following the regular city election at which they shall have been elected. (Amended April 3, 1967) Editor's note The municipal court was abolished by MSA 27A Constables are no longer retained. State law reference Mandatory that Charter provide for election of certain officers, MSA ; officers' qualifications, election, term, etc., to be provided for in Charter, MSA Section Special Elections. Special city elections shall be held when called by resolution of the Council at least forty (40) days in advance of such election, or when required by this Charter or statute. Any resolution calling a special election shall set forth the purpose of such election. No more special city elections shall be called in any one year than the number permitted by statute. State law reference Special election date must be approved by a county election scheduling committee, MSA ; special elections, MSA et seq. Section Notice of Elections. Notice of the time and place of holding any city election and of the officers to be elected and any questions to be voted upon shall, except as herein otherwise provided, be given by the Clerk in the same manner and at the same time as provided by statute for the giving of election notices by City Clerks.

15 Page 15 of 69 State law reference Notice of elections, MSA et seq. Section Voting Hours. The polls of the elections shall be opened and closed at the time prescribed by statute for the opening and closing of polls at state elections. State law reference Opening and closing of polls, MSA Sec Nomination of Candidates. Nomination of Candidates, Petitions Required, Regulations, Section of Candidates: Candidates for all offices to be voted for, at any Regular or Special Municipal Election under the provisions of this Charter, shall be nominated by filing petitions with the City Clerk at least ninety (90) days prior to such Regular Municipal Election or at least thirty (30) days prior to such Special Municipal Election. Such petitions for both Regular or Special Municipal Elections shall be signed by not less than seventy five (75) or more than one hundred fifty (150) registered electors of the City. No person shall sign his or her name to a greater number of petitions for any office than there are persons to be elected to said office at the City Regular or Special Elections. (Amended August 8, 2000) Editor's note An amendment dated Aug. 8, 2000, amended former 4.9 in its entirety. Section 4.9 pertained to primary elections and was derived from an amendment dated Sept. 12, State law reference Mandatory that Charter provide for nomination of elective officers, MSA ; primary elections, MSA et seq.; nominating petitions, MSA Section Form of Petitions. The Council shall approve a form of nominating petition with spaces thereon for address and date of signing for each signer, an affidavit form for the circulator to sign affirming that he and the petitioners are registered electors, and a summary of the qualifications required of candidates and the regulations governing the petition. A supply of official petition forms shall be provided and maintained by the clerk. State law reference Similar provisions, MSA (3). Section Approval of Petition. The Clerk shall accept only nomination petitions which conform with the forms provided and maintained by him, and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the respective elective city offices by this Charter. The Clerk shall, forthwith after the filing of a petition, notify in writing any candidate whose petition is then known not to meet the requirements of this Charter and of law, but the failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements. Within three (3) days after the last date for filing petitions, the Clerk shall make his final determination as to the validity and sufficiency of each

16 Page 16 of 69 nomination petition and whether or not the candidate has the qualifications required for his respective elective city office by this Charter and shall write his determination thereof on the face of the petition. The Clerk shall immediately notify in writing the candidate whose name appears thereon of his determination. Such notice to any candidate whose petition is found invalid or insufficient or who is found not to be qualified shall be delivered by personal messenger if possible. Any candidate whose petition is so found invalid or insufficient shall be allowed to file supplementary or replacement petitions before 5:00 p.m. at the then prevailing local time on the seventh day after the last date for filing original petitions; thereafter no further petitions may be filed. State law reference Similar provisions, MSA Section Public Inspection of Petitions. All nomination petitions filed shall be open to public inspection in the office of the Clerk. State law reference Similar provisions, MSA Section Election Commission. An Election Commission is hereby created, consisting of the City Clerk, the City Attorney and one member of the City Council. The member of the City Council shall be appointed by a majority vote of the members of the Council on or before May first of each year and shall serve for a term of one year, provided that any member of the City Council who is a candidate for any elective office shall not be eligible for membership on the Election Commission. The Election Commission shall appoint a Board of Election inspectors for each precinct, and shall have charge of all matters relating to the elections and duties required by statute or this Charter relating to the conduct of all election personnel [which] shall be determined in advance by the City Council. In cases where any election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed. (Amended November 3, 1964) State law reference Charter provision supersedes state statute, MSA Section Form of Ballot. The form, printing and numbering of ballots or the preparation of any voting machines used in any city election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all city elections, the names of qualified candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names. State law reference Preparation and distribution of ballots, MSA , et seq. Section Canvass of Votes. The Clerk, City Manager and the Attorney shall be the board of canvassers to canvass the votes at all city elections. The board of canvassers shall convene on the day following each city election at the usual time and place of meeting of the Council and determine the results of the city election upon each question and proposition voted upon and which persons

17 Page 17 of 69 are duly elected to the several offices respectively at said election, and shall notify in writing the successful candidates of their election. The Clerk shall make under the corporate seal of the city, duplicate certificates of the determinations of the board and shall file one certificate with the County Clerk and the other in his own office. Editor's note The appointment, qualifications, selection, duties, etc., of city board of canvassers are prescribed by state statute, MSA (1) et seq., any Charter provision notwithstanding. Section Tie Vote. If, at any city election, there shall be no choice between the candidates by reason of two (2) or more persons having received an equal number of votes, then the Council shall name a date for the appearance of such persons for the purpose of determining the election of such candidates by lot as provided by statute. State law reference Determination of election by lot, MSA , Section Recount. A recount of the votes cast at any city election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute: (a) The petition for a recount of the votes cast at any city election shall be filed with the Clerk by 5:00 p.m. on the second full day on which the Clerk's office is open for business after the board of canvassers has made its official report of the result of the election at which such votes were cast; (b) Any counter petition shall be filed by 5:00 p.m. of the next full day thereafter on which the Clerk's office is open for business; and (c) No officer shall be qualified to take office until final determination of any recount of the votes cast for such office. Editor's note This section is superseded by MSA et seq. State law reference Recounts, MSA et seq. Section Recall. Any elected official may be recalled from office by the electors of the city in the manner provided by statute. A vacancy created by such recall shall be filed in the manner prescribed by this Charter and by statute. State law reference Recall, MSA et seq.; see Mich. Const. 1963, Art. II, 8. Section Commencement of Term of Office. Unless otherwise provided in this Charter, the terms of office of any elected official shall commence at 8:00 p.m. on the Monday next following the city election at which they are elected.

18 Page 18 of 69 FOOTNOTE(S): (2) State Law reference Michigan election laws, MSA et seq. (Back) Madison Heights, Michigan, Code of Ordinances >> PART I - CHARTER >> - PREAMBLE >> CHAPTER 5. - GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY >> CHAPTER 5. - GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY Section Officers, Qualifications. Section Vacancies in Elective Office; Removal from Office. Section Vacancies in Boards and Commissions. Section Removals from Office. Section Resignations. Section Filling Vacancies in Appointive Offices. Section Filling Vacancies in Elective Offices. Section Filling Vacancies in the Office of Municipal Judge. Section Change in Term of Office or Compensation. Section Oath of Office and Bond. Section Security Bonds. Section Delivery of Office. Section Pecuniary Interest Prohibited. Section Compensation of Employees and Officers. Section Employee Welfare Benefits. Section Anti-Nepotism. Section Reserved. Section 5.17(1). - Reserved. Section [Residence of Appointive Employees Exemption; Notice of Openings.] Section [Retirement System Adopted]. Section Officers, Qualifications. No person shall hold any elective office of the city unless he has been a resident of the territory incorporated as the city for at least two (2) years immediately prior to the last day for filing nominating petitions for such office or prior to the time of his appointment to fill a vacancy. All officers of the city shall be United States citizens. No person shall hold any elective office unless he is a qualified and registered elector of the city on such last day for filing or at such time of appointment and throughout his tenure of office. The municipal judge and associate municipal judge shall, in addition, have the qualifications of that office prescribed in Chapter 16 of this Charter. No elected officer may be appointed to an administrative position or be employed by the city during the term of office for which he was elected.