Bay County, MI Property Maintenance: Property Blight (2026)
Key Facts
- Enforcing agency
- Bay County Health Department, Environmental Health Division
- Governing law
- Nuisance Code, Part 42, Article III
- Maximum fine
- $200 per offense
- Maximum jail term
- 90 days
- Continuing violation
- Each day is a separate offense
- Additional remedy
- Injunction in court under § 42.318
Summary
Bay County's Nuisance Code makes it illegal to occupy, rent or offer for occupancy any premises with a nuisance condition, and puts the abatement duty squarely on the owner or anyone in possession. The Health Officer can order the condition remedied, and refusing a duly served abatement order is a misdemeanor punishable by up to a $200 fine and 90 days in jail.
Sec. 311. It shall be unlawful for any person to occupy, permit to be occupied, or offer for rent, lease, or occupancy, any premises on which a nuisance condition exists. ... Sec. 316. ... The owner, the person in possession, and any other person having control or management of any premise shall be jointly and severally responsible to abate any nuisance existing thereon. It shall be unlawful for any person to willfully refuse or neglect to comply with a duly served order of the Health Officer or his/her authorized representative. ... Sec. 317. ... Any person who shall fail to comply with any provision herein, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding the sum of two hundred dollars ($200.00) or by imprisonment in the county jail not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the court. Each day the violation continues shall constitute a separate offense.
Full Breakdown
The county's Nuisance Code (Part 42, Article III) applies countywide, including in the townships and cities where Bay County itself holds no zoning authority. 219 defines a nuisance as any premises that, because of acts, omissions, defects or conditions, results in an accumulation of refuse, garbage or rubbish and is unsafe or unfit for human habitation, endangers public health or safety, or creates an unwholesome, obnoxious or offensive smell or condition. 311 makes it unlawful to occupy, permit to be occupied, or offer for rent, lease or occupancy any premises where such a condition exists.
312 extends the duty to owners, lessees, renters and occupants who control or manage the property: they may not create, maintain, or allow a nuisance to exist. 315, when the Health Officer or an authorized representative of the Bay County Health Department finds a premises dangerous to public health or life, the officer may declare it a public nuisance and order it remedied, removed, abated, altered or otherwise improved. 316 places joint and several responsibility for abatement on the owner, the person in possession and anyone else with control or management of the premises, and it is unlawful to willfully refuse or neglect a duly served abatement order.
318 lets the Health Department seek an injunction in court in addition to any other remedy. Enforcement runs through the Environmental Health Division of the Bay County Health Department rather than a building inspector.
Violations & Fines
Violating any provision of Part 42 is a misdemeanor under Section 42.317, punishable by a fine of up to $200, up to 90 days in the county jail, or both, at the court's discretion. Each day the violation continues is a separate offense, so an unabated nuisance can generate a new charge daily until the owner complies with the Health Officer's abatement order.
Frequently Asked Questions
Who enforces Bay County's nuisance abatement rule?
What happens if I ignore the abatement order?
Does this apply inside Bay City or the townships?
Sources & Official References
Other rules in Bay County
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