Rental Property Owners Ass'n of Kent County v. City of Grand Rapids

• Decision Date: 15 July 1997
• Docket Number: Docket No. 102642,No. 13,13
• Citation: 566 N.W.2d 514,455 Mich. 246
• Court: Michigan Supreme Court
• Parties: RENTAL PROPERTY OWNERS ASSOCIATION OF KENT COUNTY, Plaintiff-Appellee-Cross-Appellant, v. CITY OF GRAND RAPIDS, Defendant-Appellant-Cross-Appellee. Calendar

Page 514

566 N.W.2d 514

455 Mich. 246

RENTAL PROPERTY OWNERS ASSOCIATION OF KENT COUNTY Plaintiff-Appellee-Cross-Appellant, v. CITY OF GRAND RAPIDS, Defendant-Appellant-Cross-Appellee.

Docket No. 102642.

Calendar No. 13.

Supreme Court of Michigan.

Argued Nov. 13, 1996.

Decided July 15, 1997.

[455 Mich. 248] Murray, Pawlowski & Flakne, L.L.P. by George E. Pawlowski, Grand Rapids, for Plaintiff-Appellee-Cross-Appellant.

Philip A. Balkema, City Attorney, and Michael D. McGuire and Margaret P. Bloemers, Assistant City Attorneys, Grand Rapids, for Defendant-Appellant-Cross-Appellee..

Varnum, Riddering, Schmidt & Howlett, L.L.P. by Peter Armstrong and George B. Davis, Grand Rapids, amicus curiae, for Michigan Municipal League.

OPINION

WEAVER, Justice.

This case presents a facial constitutional challenge to a nuisance abatement ordinance (padlock ordinance) adopted by the Grand Rapids City Commission. Ordinance No. 93-39. The ordinance authorizes the commission to declare a property a public nuisance if it is found to be used repeatedly for illegal drugs or prostitution. Further, properties declared to be public nuisances may be padlocked for up to one year and the property owner assessed the costs of abatement.

For the reasons set forth below, we hold that the ordinance is constitutional on its face. Further, we find that the state nuisance abatement statute, M.C.L. § 600.3801 et seq.; M.S.A. § 27A.3801 et seq., does not preempt the Grand Rapids ordinance. The decision of the Court of Appeals is reversed.

I

On September 7, 1993, the Grand Rapids City Commission adopted Ordinance No. 93-39. ¹ The ordinance provides that rental properties found to be sites of illegal drug use or prostitution can be declared a public nuisance by the city commission, and, pursuant to such declaration, the city commission can order the property to be vacated and padlocked for a period of up to one year. ² Relevant to this appeal, the ordinance contains the following provisions:

Section 9.702 sets forth the city commission's legislative findings that the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia, or the use of property for purposes of prostitution or solicitation for prostitution may result in declaration of a public nuisance. According to the commission, the public nuisance results from the increased criminal activity that occurs in the neighborhood surrounding the relevant property, increased pedestrian and vehicular traffic in the neighborhood, the fear engendered in the minds of neighbors, and the disruption of the peace and quiet of the residents of the neighborhood.

In § 9.703 the commission states that it may declare by resolution that property used in the proscribed activities is a public nuisance and may order that the nuisance be abated as provided in the ordinance.

Section 9.704 sets forth the procedure for declaration of a public nuisance, including that notice be given to the owner of the property, who then has the opportunity to be heard at a public evidentiary hearing before the city commission, sitting as an administrative body as provided for in title V, § 1 of the city charter, and acting in a quasi-judicial capacity. The commission is authorized to make the determination whether a public nuisance exists under the standards established by the ordinance.

Section 9.705 provides that if the commission determines by a preponderance of the evidence that a property is a public nuisance, it may by resolution order abatement of the nuisance, which includes padlocking the property for a period of up to one year.

Section 9.709 provides that an aggrieved property owner may appeal to the circuit court, which shall review the city commission's decision and determine whether that decision is in violation of the law, has been procured by fraud, or is an abuse of discretion; additionally, the circuit court will review the commission's decision to determine if it is supported by competent, substantial, and material evidence on the whole record. Review by the circuit court is to be carried out on the basis of the record made before the city commission.

Defendant City of Grand Rapids asserts that in passing this ordinance it was addressing an issue of immediacy and great significance to the city. Defendant states that it was confronted with intolerable deterioration and destruction of some of its inner city neighborhoods.

Shortly after the adoption of Ordinance No. 93-39, plaintiff Rental Property Owners Association of Kent County (RPOA) commenced this action in the Kent Circuit Court, challenging the ordinance on several constitutional grounds. Plaintiff alleged inter alia that the ordinance is unconstitutional under Const. 1963, art. 3, § 2, and art 6, § 1, in that it constitutes a usurpation of the judicial power by a legislative body; that it violates art 6, § 13 by attempting to limit the original jurisdiction of the circuit court and, furthermore by attempting to confer appellate jurisdiction upon that court; that the ordinance violates substantive due process under the Fourteenth Amendment of the United States Constitution, and Const. 1963, art. 1, § 17, by putting plaintiff's members at risk of being deprived of their property without due process of law; and that it violates 42 U.S.C. § 1983 in that it threatens, under color of law, to deprive plaintiff's members of their liberty and property without due process of law, in violation of the Fourteenth Amendment. Plaintiff sought a judgment declaring the ordinance to be unconstitutional, and also sought a permanent injunction barring defendant from enforcing the ordinance.

Plaintiff filed a motion for summary disposition pursuant to MCR 2.116(C)(9) and (10), alleging that defendant had failed to state valid defenses to the claims asserted as a matter of law, and that there was no genuine issue with respect to any material fact, thereby entitling plaintiff to judgment as a matter of law. The circuit court heard oral arguments and subsequently issued a written opinion denying plaintiff's motion for summary disposition. The court noted that Ordinance No. 93-39 was enacted in response to the court's previous order enjoining Ordinance No. 92-07 on the ground that that ordinance provided an inadequate hearing procedure. In then ruling on the complaint at issue in the case at bar, the circuit court restricted itself to the issue of the scope of appeal provided by the ordinance, indicating that this was the "sole failing that the previous ordinance was found to have had by this Court." Judge Smolenski then concluded: "This new ordinance ... is specific in defining the scope of review by Circuit Court and clearly requires that a record be made of proceedings before the City Commission. It is the Opinion of this Court that that standard of review or scope of appeal is appropriate and legally sufficient to protect the rights of aggrieved parties." Id. Accordingly, the circuit court denied plaintiff's request for declaratory judgment and injunctive relief.

In a unanimous opinion, the Court of Appeals reversed the circuit court, concluding "that the ordinance suffers from numerous constitutional flaws." 209 Mich.App. 391, 393, 531 N.W.2d 731 (1995). Specifically, the Court of Appeals held "that the padlocking of property requires the exercise of a court's equitable powers and, therefore, must be achieved by an action in a court of appropriate jurisdiction, not before a legislative body such as the city commission." Id. at 394-395, 531 N.W.2d 731. The Court of Appeals also concluded that the ordinance's purported restriction of the jurisdiction of the circuit court is violative of Const. 1963, art. 6, § 13, which provides that the circuit court shall have jurisdiction in all matters not prohibited by law. Id. at 395, 531 N.W.2d 731.

II

The enactment and enforcement of ordinances related to municipal concerns is a valid exercise of municipal police powers as long as the ordinance does not conflict with the constitution or general laws. Austin v. Older, 283 Mich. 667, 674, 278 N.W. 727 (1938). Further, ordinances exercising police powers are presumed to be constitutional, Fass v. Highland Park (On Rehearing), 321 Mich. 156, 161, 32 N.W.2d 375 (1948), and the burden is on the challenger to prove otherwise. Cady v. Detroit, 289 Mich. 499, 286 N.W. 805 (1939).

A HOME RULE CITIES

Grand Rapids is a home rule city. Home rule cites have broad powers to enact ordinances for the benefit of municipal concerns under the Michigan Constitution. Const. 1963, art. 7, § 22 provides:

Under general laws the electors of each city and village shall have the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law. No enumeration of powers granted to cities and villages in this constitution shall limit or restrict the general grant of authority conferred by this section.

Art 7, § 34 of the Michigan Constitution states further:

The provisions of this constitution and law concerning counties, townships, cities and villages shall be liberally construed in their favor.

The authority of home rule cities to enact and enforce ordinances is further defined by the home rule cities act, M.C.L. § 117.1 et seq.; M.S.A. § 5.2071 et seq. It provides in relevant part:

For the exercise of all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated or not, for any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants and through its regularly...