Lien, court order, permits focus of intense discussion

Law enforcement may be present at future
Council meetings after recent shouting incident

By Bruce Rolfe

A topic the Climax Village Council has been discussing for months escalated into a shouting match between two board members and a person in the audience, prompting the village president to authorize a board member to call the Kalamazoo County Sheriff Department at the regular council meeting September 16.

Village President Bill Lewis said he authorized a trustee to contact the Kalamazoo County Sheriff Department because a board member indicated they felt threatened by the person in the audience yelling at the trustee.

A Kalamazoo County Sheriff deputy arrived shortly after the meeting adjourned.

Lewis said having a sheriff deputy present at future meetings is a possibility.

“We are working with law enforcement to see how we can make a safer situation for that and for our citizens when they’re sitting at a meeting,” said the Village Council president.

The controversy centers on a $25 per day fine for permit noncompliance through a court order that totals $10,675 at 110 South Main Street. The Village has also absorbed approximately $2,000 in attorney fees during the process. The fees and penalties that were assessed were put on the property as a lien.

The Council is also trying to recoup $14,920 for demolition and attorney costs associated with 329 West Maple Street the Council also holds a lien on.

Finance/Insurance/Administration Chairperson Denise Pyle placed a motion on the floor to remove the $10,675 fee and pursue the approximately $2000 in attorney expense only for the property at 110 South Main Street. 

Discussion about the history of the court order, how the Village got to where it is in court and the lien process followed.

Former Village President David Miller then interrupted the conversation with a reaction. Lewis slammed the gavel and told Miller he had the floor and Miller was speaking out of line. 

A brief yelling exchange between Miller and Pyle followed with Miller pointing his finger at Pyle.

More shouting followed and at that point Lewis said the meeting was in recess.

There was a brief exchange between Miller, Lewis, and Pyle before the Council and audience sat for the most part in silence for nearly nine minutes. 

Lewis then said discussion on the two properties would be tabled.

Lewis said the $25 a day fine that totaled $10,675 was put on the 110 South Main Street property two days before the terms of the previous council members expired.

Pyle said the way the lien was placed on the 110 South Main Street property for building permit noncompliance through the court order has made it difficult for the village to get the money back.

The idea to forgive the $10,675 at 110 South Main Street brought concern from other Council members and Miller.

“It is not up to the Council to invade the court’s jurisdiction over the case. It is not the Council’s place to represent his (the property owner) interests,” said Miller. 

Trustee Joline Chaney requested to see the dates the permits were taken out through Safebuilt to determine if the permits were taken out in a timely manner.

Trustee Nick Ludwig felt forgiving the $10,675 after a court order was issued sets a dangerous precedent moving forward.

He said if court order fees are forgiven at one location and the same situation occurs at another location in the future, there may be no incentive for the resident to pay the fees.

“We are setting up a very sticky precedent between the municipality of the Village of Climax and the Kalamazoo County District Court, and another precedent between the municipality of the Village of 
Climax and a resident, of stating, that’s just a court order. We’ll just do our own thing. What if that’s for me to say, hey, if I have a court order against  me, just send me the bill on the legal fees and what you owe on the attorney. I’ll take $2,000 instead of $10,000. So we’re on thin ice and on a slippery slope if we are getting a court order from a judge looking the other way and doing our own thing,” said Ludwig.

Lewis adds the number of days for violation in the court order may not be correct due to a flaw in the system used by Safebuilt, the company the Village uses for ordinance and code enforcement.
“Safebuilt was very negligent about closing permits out,” he said.

He said there were other concerns with the process that led to the court order.

Lewis said some language in the court order refers to the building as being used as a residence, not as a multi-dwelling or rental property.

 Lewis said the building at 110 South Main Street is used as rental units. He said according to information from the State of Michigan, in Michigan a property owner of a rental property can not apply for most building permits. The licensed contractor must apply for the permits to perform the work on the rental property.

“Which means (the property owner), himself, when people said, he would not get a permit, he really wasn’t doing anything but saying what the law says, is he can not draw (a permit) for residential zoning,” said Lewis. 

He adds the State of Michigan information adds homeowners can act as their own contractor and obtain permits for occupancy and a residence.

The Village also has a lien on property at 329 West Maple Street for $14,920 in demolition and legal expenses associated with the property.

The September 12, 2025 Climax Crescent noted Lewis said one option the Council could consider if the new property owner at 329 West Maple Street builds a structure on the property, could be denied 
permits until the money on the lien is paid back to the Village, however trustee Joline Chaney felt the Village could hold building permits until the money is paid. 

Lewis said in Michigan, building permits generally cannot be held up or denied solely because of an outstanding construction lien on the property. A lien is a claim against a property for a debt, while a building permit is issued based on whether the proposed construction plan complies with local building codes.

He adds the attorney was contacted about options to collect the fees and legal expense at both properties however the council voted down a motion at an earlier meeting to authorize the attorney to attend a meeting to explain the process and options. 

“We are doing our own leg work at this point and when we need to we’ll bring the attorney in,” said Lewis.

Update on Stolen Vehicles


Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig offered an update on a string of stolen vehicle incidents that occurred in the village recently.

Chief Deputy Logan Bishop of the Kalamazoo County Sheriff Department told Ludwig all three vehicles that were stolen in the village have been recovered and returned to their owners.

Bishop adds the Kalamazoo County Sheriff Department does have suspect information and is currently waiting for the case to be reviewed and approved by the Prosecutor’s office.

Ludwig said there were 16 officer initiated calls for service in the Village of Climax for the month of August, including seven traffic stops, seven directed patrol, one check welfare, and one suspicious complaint. There were 11 citizen initiated calls for service, including three welfare checks, two assist person, and one each for shots fired, assault/DV, suspicious, auto theft, alarm and follow up.

Ludwig visited with an official from the C-S American Legion about Memorial Day. He said the American Legion representative wanted to have the cemetery ceremony immediately after the parade instead of later in the afternoon, which has been done the past few years. Ludwig plans to meet with the Post Commander about the Memorial Day services. 

Ordinance Update


Ordinance/Zoning/Planning and Development Chairperson Carolyn Kelly said since the new council members have been sworn into office, the Village has had 63 ordinance violations/complaints and of those, 44 have been closed out. She said many were corrected quickly as a result of visiting the property owner or sending a letter.

Council Approves Contract With Safebuilt


The Council unanimously approved the terms of a new contract and the length of the contract for one year with Safebuilt, the company that provides code and ordinance enforcement services for the village.

It was noted there are two ordinance enforcement officers from Safebuilt that will work with the village - one for blight and one for building code. 

With the exception of the length of the contract, the rest of the contract language remains the same.

Building Security Concerns


Trustee Carolyn Kelly is concerned about Village building security. She said the garage door on the front of an area connected to the Village Hall the DPW uses, is open often with no DPW employees present. She said access to the Village Hall can be made through the garage door.

She requested through a motion that was unanimously approved by the council, that anytime a DPW employee leaves any Village owned building, the doors should be locked.

Kelly also referred to some large stacks of files that were removed from the Village Hall during the fire at the Harvester eight years ago, are still in unorganized stacks when they were returned to the Village Hall.

She suggested hiring a temporary or part time file clerk  to help properly file the documents.

Ludwig suggested the Council consider scanning and digitizing some of the documents that can be throw away, which may require hiring a digitizing firm.

Lewis said hiring someone may not fit in the current budget but the council will review the ideas and cost.

Fire Department Report


Assistant Climax Township Fire Chief Sean Perrin said there were 20 calls for service in the month of August the local fire department responded to, including three in the Village, which were all medical. 
Perrin said the fire department has responded to 196 calls so far in the calendar year, which would put the local fire department in line to finish the year in the 260s range, which he said is normal.

Perrin told the Council the Climax Township Fire Department and Galesburg-Charleston Township Fire Department responded to a one vehicle accident near Cold Brook Park September 16. He estimated extrication took an hour and a half to get the lone patient out of the vehicle. 

There was a call for a helicopter but the helicopter wasn’t available. 

He adds the patient is expected to survive. 

The cause of the accident was not known at the time.

October 4 Is Village-Wide Trash Pickup


October 4 is the Village-wide trash pickup date. This is for residents using Best Way Disposal only.

Residents may begin placing items at the curb or side of the road on the Wednesday before, October 1.

It was noted mattresses must be wrapped in plastic or placed in mattress bags. Some mattress stores will provide mattress bags for free.

In other items covered at the September 16 meeting:

• After reading communication from Family Court Awareness, Village Council President Bill Lewis recommended the Council recognize November, 2025 as Family Court Awareness Month, which the Council unanimously approved.

• A gas leak at Lawrence Memorial District Library was discovered and was expected to be repaired September 17 or 18.

• A repair estimate for exterior work at the Village Hall was approved.

The Village recently learned there is some deterioration near the base of the Village Hall.

Safebuilt, the company used by the Village for code and ordinance enforcement, said the areas where some stones are damaged or missing showing wood foundation framing on the Village Hall, does not meet building code.

“If we’re going to look at other people for code, we need to make sure that our own house is clean,” said Village President Bill Lewis.

The Council unanimously approved an estimate from Bowen Masonry for $2,900 to  remove loose stones and mortar near the base of the Village Hall and install similar looking stones using new mortar.

Lewis said the estimate does not include a broken window on the Village Hall which the Village will have repaired in the future.

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