Sec. 43.
(1) If, after notice and a hearing as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, a person is determined to have violated this act, the commission may impose 1 or more of the following penalties:
(a) Censure.
(b) Probation.
(c) License limitation.
(d) License suspension. The commission may request the appointment of a receiver when taking action under this subdivision.
(e) License revocation. The commission may request the appointment of a receiver when taking action under this subdivision.
(f) License denial.
(g) A civil fine of not more than $50,000.00.
(h) Restitution.
(2) A fine collected under this section shall be deposited with the state treasurer and credited to the mobile home code fund created in section 9.
(3) If the department determines that the owner or operator of a mobile home park or seasonal mobile home park has violated this act or rules promulgated under this act by failing to maintain or repair any infrastructure or facilities of the mobile home park or seasonal mobile home park, the department shall give notice of the determination by personal service or first-class mail to the local governments where the mobile home park is located, the owner, the operator, and, if financial assurance in the form of a bond has been posted under rules promulgated under section 16(2), the surety executing the bond. If the owner, operator, or surety does not perform or commence the specified maintenance or repair within 60 days after service of the notice, the department or its authorized representative may enter the mobile home park or seasonal mobile home park and perform the specified maintenance or repair. At the request of the owner, operator, or surety, the department may grant an extension of up to an additional 90 days. The owner, operator, and any surety are jointly and severally liable for all expenses incurred by the department or its authorized representative in performing the specified maintenance or repair. The department shall certify the claim to the owner, operator, and any surety, listing in the claim the items of expense in performing the maintenance or repair, and shall draw on any financial assurance for the payment of the claim. The department shall notify the local government where the mobile home park is located when the specified maintenance or repair has been completed.
(4) This section does not prohibit actions from being taken under other sections of this act.
(5) The pursuit in court of the lawful rights of a licensee does not constitute a violation of this act, regardless of the outcome of the court action.
History: Add. 1988, Act 337, Eff. May 1, 1989 ;-- Am. 2015, Act 40, Eff. Sept. 1, 2015
Structure Michigan Compiled Laws
Chapter 125 - Planning, Housing, and Zoning
Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350)
Section 125.2301 - Short Title.
Section 125.2302 - Definitions.
Section 125.2304 - Powers of Commission; Duties of Director; Prohibition; Exception.
Section 125.2305 - Mobile Home Code; Promulgation; Rules.
Section 125.2308 - Exemptions.
Section 125.2310 - Reproducing Documents Requested as Public Record.
Section 125.2313 - Construction Permit Required.
Section 125.2316a - Occupancy of Mobile Home in Seasonal Mobile Home Park.
Section 125.2322 - Mobile Home Dealer; Surety Bond; Deposit; Rules.
Section 125.2323 - Mobile Home Dealer; Accounts and Other Records.
Section 125.2324 - Mobile Home Dealer; Prohibited Conduct.
Section 125.2325 - Installation and Setup of Mobile Home; Rules; Licensing Requirements.
Section 125.2327 - Mobile Home, Mobile Home Site, or Equipment; Fraudulent Practices.
Section 125.2328b - Children and Pets; Enforcement of Rules.
Section 125.2328c - Action to Terminate Tenancy; Liquidated Damages.
Section 125.2329 - Shutoff of Utility Service for Nonpayment; Notice.
Section 125.2330 - Mobile Home Subject to Certificate of Title Provisions.
Section 125.2330i - Affixation of Mobile Home to Real Property; Ownership Interest.
Section 125.2331 - Action to Rescind Transaction and Recover Damages.
Section 125.2332 - Certain Conditions, Stipulations, or Provisions Voided.
Section 125.2333 - Statute of Limitations; Rejection of Valid Rescission as Bar to Action.
Section 125.2335 - Service of Process.
Section 125.2337 - Administrative Proceedings; Notice; Response; Assurance of Discontinuance.
Section 125.2340 - Effect of Appeal.
Section 125.2341 - Injunction.
Section 125.2342 - Violation as Misdemeanor; Penalty.
Section 125.2343a - Summary Suspension of License.
Section 125.2344 - Remedies Not Mutually Exclusive.
Section 125.2345 - Other Prosecution and Enforcement Not Prohibited.
Section 125.2349 - Legislative Intent and Declarations.
Section 125.2350 - Availability of List of Powers and Duties of State or Local Governmental Entity.