Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
The LHDA and the Clarkston Ordinance are silent on the trespass issue, presumably because it’s illegal under Michigan law. MCL 750.552 makes entry onto private property after being forbidden to do so a misdemeanor offense carrying the possibility of 30 days in jail and a $250 file. This Charter Proposal section expressly states that HDC commissioners and their agents may not enter onto private property unless the owner invites them each time – without requiring the property owner to first catch an HDC trespasser and then forbid them from entering onto the property.
Notes:
HDC commissioners and agents have no greater authority than the city’s code enforcement officer who is limited to regulating what s/he can see from the street or from a neighboring backyard if that neighbor allows it. If HDC commissioners want permission to enter a property, they need to ask for it. This section was added in response to resident concerns that HDC commissioners may have been unlawfully entering private property to catch residents doing something the HDC commissioner(s) thought might be inappropriate.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)