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Consent judgment approved requiring removal of patio built too close to property lines
Summary
The board approved a consent judgment in a code-enforcement case requiring the property owners at 19063 Newbridge Drive to remove a nonconforming patio within 30 days; the structure failed to meet side- and rear-yard setback requirements and the township may remove it at the owners' expense if not remedied.
The Macomb Township Board on Oct. 8 approved a consent judgment resolving litigation over an unpermitted patio built at 19063 Newbridge Drive.
Township attorney Loya described a timeline that began in 2023, when an inspector discovered a basketball-court-style patio with no permit. The patio encroached into required setbacks: it was built 1 foot 2 inches from the side lot line where the minimum is 7.5 feet, and 13 feet 8 inches from the rear lot line where the minimum is 20 feet.
Loya said code-enforcement notices and a denied variance request preceded litigation. The township filed for a permanent injunction requiring removal; after negotiations the property owners agreed to a consent judgment. The judgment requires the owners to remove the structure within 30 days of entry, notify the township when work is completed, and allow inspection. If the owners fail to comply, the township may remove the structure and recover costs.
Attorney Loya told the board he had received a signed version from the property owners and that the owners reported they had begun deconstruction and retained a contractor to remove the structure.
Why it matters: The judgment resolves ongoing code-enforcement litigation, enforces local setback requirements and gives the township enforceable remedies if removal is not completed on schedule.
