[Amended 6-11-2012]
Within 90 days from the enactment of the ordinance from which this chapter is derived, each owner, agent or landlord of any existing residential rental dwelling unit must register his dwelling units with the Village Manager and make application for an inspection of the premises by the Village Building Inspector. Such registration and application for the inspection shall be on forms provided by the Village and shall contain the name, address and telephone number of the owner, agent and landlord, and shall describe the premises, the number of units being let, and such other information as required by the Village. Furthermore, any existing residential structure that is converted into a rental dwelling unit, that previously had not been, be subjected to the same provisions aforementioned and those in § 283-6. Failure to do so will result in Village public utilities not being turned on until a registration, inspection and a compliance certificate have been issued for said property.
[Amended 6-11-2012]
A.
Before any new residential housing unit is let, rented or leased
to any tenant, the owner, agent, designated representative or landlord
of any new residential rental dwelling unit shall register the dwelling
units with the Village of Cassopolis and make application for an inspection
of the premises by the Village Building Official. Any person, corporation,
owner, agent, designated representative or landlord of a rental unit
shall register said unit within 10 days after the date of acquiring
ownership or control of a previously registered rental unit or in
the case of a newly constructed or converted rental unit before that
unit is occupied. To register a rental unit, the person, corporation,
owner, agent, designated representative or landlord shall:
(1)
Truthfully provide and certify as true the following information
on a form provided by the Village:
(a)
Name, address and telephone numbers of any person, corporation,
owner, agent, designated representative or landlord;
(b)
The street address of the rental unit, along with other identification
if more than one rental unit has the same street address;
(c)
The number of rental units in the building, if more than one;
(d)
The number of bedrooms in each rental unit, and the intended
number of occupants in each rental unit;
(e)
Any other such information the Village of Cassopolis or the
Village Building Official requests.
(2)
Pay an administrative fee prescribed, as set by resolution of the
Village Board of Trustees.
(3)
Provide proof that the homestead exemption is legally appropriate
or is not being claimed.
B.
Any person, corporation, owner, agent, designated representative
or landlord shall notify the Village in writing within 30 days of
any change in the information provided on the registration from or
any change of use of said property. Any person, corporation, owner,
agent, designated representative or landlord of a short-term rental
unit shall notify the Village in writing within 10 days of any change
in the designated local agent and/or contact. Any person, corporation,
owner, agent, designated representative or landlord shall notify the
Village in writing within 30 days if any of the items inspected pursuant
to this chapter are altered after inspection by the Village Building
Official. These premises shall not be occupied by any tenant until
a certificate of compliance and occupancy has been issued by the Village
Building Official.
[Amended 6-11-2012]
In order to retain the certificate of compliance, any person, corporation, owner, agent, designated representative or landlord, each year on or before 30 days from the anniversary date of the certificate of compliance, provide the Village Building Official with certain required information about the unit(s), on a check list form to be developed by the Village with the recertification fee as established by resolution of the Village Board of Trustees. Failure to annually complete and file the check list will result in the revocation of the certificate of compliance and subject any person, corporation, owner, agent, designated representative or landlord to provisions as established in § 1-2.
A.
The information to be furnished on the checklist shall include the
following:
(1)
The name, address and telephone number of the person, corporation,
owner, agent, designated representative or landlord responsible for
said unit together with the location and number of units being let.
(2)
The date on which the batteries in the smoke detector in the unit
were last changed.
(3)
The date on which the fire extinguishers in the unit were last changed.
(4)
The date on which the furnace and the water heater were last inspected
to ensure that such equipment is in working order.
(5)
The name, address, and phone number of the person authorized to make
or order made repairs or services for the property, if in violation
of Village or state codes, if the person is different than any person,
corporation, owner, agent, designated representative or landlord.
(6)
The name of the current tenant.
B.
Manner of registering.
(1)
The registration must be 30 days prior to the anniversary date of
initial compliance certification, every two years, or when there is
a turnover by any person, corporation, owner, agent, designated representative,
landlord to the Village and to the Village Building Official.
(2)
Any person, corporation, owner, agent, designated representative
or landlord, by filing an application, shall be deemed to have given
consent to the Village Building Official to enter each rental unit,
at reasonable times and upon reasonable notice, to inspect the premises
at any time after the application is made or a certificate of compliance
is issued.
Each initial application for registration shall be accompanied
by a registration fee in the amount established by resolution.
A.
Upon receipt of the initial application for registration from an
owner, agent or landlord, the Village Building Inspector or his authorized
deputy shall make a physical inspection of each rental housing unit,
together with the building and/or structure in which such units are
situated. A copy of this inspection report will be provided to the
owners, agent or landlord and filed with the Village Manager.
B.
If the Village Building Inspector finds that the premises meets all
of the requirements and criteria provided in this chapter, together
with the requirements and criteria of other appropriate Village, state
or federal ordinances or statutes, the Village Building Inspector
or the Village Manager shall issue a certificate of approval for each
such structure and individual housing unit.
C.
If the Village Building Inspector determines that the premises do
not meet all of the requirements and criteria provided for by this
chapter or other Village, state or federal ordinances or statutes,
the owner, agent or landlord shall be given notice of the discrepancies
and he shall have 30 days in which to correct or alleviate any noted
discrepancy.
D.
If any unit shall not pass the initial inspection, and requires a
reinspection, there shall be a reinspection fee in the amount established
by resolution, and such reinspection fee must be paid prior to reinspection.
E.
The owner, agent or landlord of a rental unit shall be notified either
by telephone, in writing or by some other reasonable means, of the
date and time of any inspection prior to the inspection.
F.
The Village Manager shall keep and maintain a registry of all rental
units issued a certificate of approval.
G.
The initial inspection fee for rental units never previously inspected
under the provisions of this division shall be as established by resolution.
For any subsequent inspection required under this division, and which
is not a reinspection due to a failure to pass a normal inspection,
the fee shall be as established by resolution. All inspection fees
shall be paid at the time of registration or upon a request for an
inspection.
[Amended 6-11-2012]
Unless a compliant is received as provided for in § 283-12, any unit which immediately passes inspection, without any discrepancies, and does not require a reinspection, need not be reinsepected for a period of two years; however, if legitimate complaints are received as provided in § 283-11C, or if in the initial inspection, discrepancies requiring correction are noted, then the premises shall be inspected annually for the next two years. After two years with no discrepancies noted, it may return to the two-year inspection cycle.
If any dwelling unit or complex shall be subject to periodic
physical inspections from another governmental unit such as Farmers'
Home Administration, HUD, etc., the Village shall waive its inspection
requirements if the following criteria are met:
B.
That the criteria for the physical inspection by the other governmental
agency are substantially the same as, or are similar to, those provided
for under this article.
C.
That the physical inspections by the other governmental agency shall
take place at least as often as required under this article.
D.
That the owner, agent or landlord of the premises have received and
provided to the Village Building Inspector a copy of a certification
showing that the premises have passed the inspection conducted by
the other governmental agency.
E.
That there have been no signed complaints received by the Village
Manager indicating that there is a probable violation of any of the
standards of this article.
A.
A dwelling or rental unit may be inspected at any time by the Village
Building Inspector upon authorization from the Village Manager on
the basis of a signed complaint received by the Village Manager indicating
that there is a probable violation of any of the standards of this
chapter.
B.
After a complaint, if such an inspection discloses a violation of
this chapter, then the owner, agent or landlord of that unit shall
have 30 days in which to make any corrections and eliminate the discrepancy.
After the corrections are made, or the discrepancy is eliminated,
the owner, agent or landlord shall notify the Village Manager and
apply for a reinspection by the Village Building Inspector. If the
premises passes the reinspection, a new certificate of approval shall
be issued.
C.
After a complaint, if such an inspection discloses a violation of
this chapter, then the owner, agent or landlord of that unit shall
be liable for an inspection fee in the amount established by resolution.
For any subsequent reinspection required as a result of the failure
of an initial inspection, the fee shall be as established by resolution.
D.
If a private individual makes a complaint, the Village Manager, at
his discretion, may require an inspection deposit in the amount of
the anticipated inspection fee. If the inspection which was made as
a result of the complaint discloses no violation of this chapter,
then the individual making the complaint shall be liable to the Village
for the inspection fee in the amount established by resolution.
[Amended 6-11-2012]
A.
Should any person, corporation, owner, agent, designated representative
or landlord of any unit fail to make the unit available for any scheduled
inspection, fail to appear for any scheduled inspection or fail to
the notify the Village of the necessity to reschedule an inspection,
24 hours in advance unless deemed by the Village Building Official
as an emergency situation, the following penalties shall apply:
(1)
Additional charge for failure to meet first scheduled appointment
as prescribed by resolution of the Village Board of Trustees;
(2)
Additional charge for failure to meet second scheduled appointment,
twice the amount established for the first offense;
(3)
Additional charge for failure to meet third scheduled appointment,
three times the amount established for the first offense;
(4)
Additional charge for failure to meet fourth scheduled appointment,
four times the amount established for the first offense;
(5)
Additional charges for each consecutive failure to meet scheduled
appointment will be charged in increments that are double the amount
for the fourth offense;
(6)
The amounts are cumulative and must be paid prior to any compliance
certificate being issued by the Village Building Official.
B.
In addition, if any residence that is used as a rental unit is found to be vacated or occupied without a compliance certificate and material, health or safety hazards exist, water service will be discontinued until all bills and the appropriate inspection(s) are completed and the required compliance certificate has been issued by the Village Building Official. Any charges for delinquent water or turn on-turn off fees connected with obtaining a compliance certificate must be paid before a compliance certificate will be issued and before water service will be restored. If the violation(s) are not corrected within the time limits established by the Village Building Official, charges may be brought against the responsible party pursuant to § 1-2.
[Amended 6-11-2012]
Noncompliance with the terms and provisions of this article shall be reported to the Village manager in writing and with a request for appropriate enforcement. Further, if any person, corporation, owner, agent, designated representative or landlord shall fail to comply with any notice of violation issued by the Village Building Official or if any person, corporation, owner, agent, designated representative or landlord should fail to provide the Village with the annual information from § 283-7, the certificate of compliance shall be revoked and any person, corporation, owner, agent, designated representative or landlord shall immediately surrender such certificate to the Village.
