[HISTORY: Adopted by the Mayor and City Council of the City of Monroe as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
Authority of City to mow; collection of expenses — See § C-390.
GENERAL REFERENCES
General penalty — See § 1-27.
Construction Board of Appeals — See Ch. 22, Art. X.
Blight — See Ch. 210.
Construction codes — See Ch. 275.
Drug nuisance properties — See Ch. 296, Art. II.
Fences — See Ch. 338.
Fire prevention — See Ch. 345.
Littering — See Ch. 422.
Nuisances — See Ch. 458.
Property damage — See Ch. 519.
Construction and repair of sidewalks — See Ch. 625, Art. V.
Weeds, trees and refuse — See Ch. 712.
STATUTORY REFERENCES
State Housing Code — See MCLA § 125.401 et seq.
Municipal Housing Act — See MCLA § 125.651 et seq.
Municipal housing commission adoption, promulgation and publication of rules — See MCLA § 125.694b.
Acquisition and maintenance of housing projects — See MCLA § 125.731 et seq.
Hotels, boarding and lodging houses — See MCLA § 427.1 et seq.
[Adopted 4-4-2016 by Ord. No. 16-003[1]; amended in its entirety 4-2-2018 by Ord. No. 18-002]
[1]
Editor’s Note: This ordinance also repealed former Art. I, International Property Maintenance Code, adopted as Ch. 1480 of the 1995 Codified Ordinances of Monroe, as amended.
A certain document, a copy which is on file at the office of the Building Official of the City of Monroe, known as the "International Property Maintenance Code," 2015 Edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the City of Monroe for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities, facilities, and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and for the demolition of such existing structures as herein provided; providing for the issuance of permits and collection fees therefor; and each and all regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in § 525-2 of this article.
The following sections in the International Property Maintenance Code are hereby revised:
SECTION 101
GENERAL
101.1 Title. Insert: "City of Monroe."
SECTION 102
APPLICABILITY
102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of applicable State of Michigan and City of Monroe Codes in effect at such time as they become relevant. In the event of a conflict between any of the provisions of this code and a provision of any other State of Michigan and City of Monroe Codes adopted by the City, the stricter or higher standard shall control.
SECTION 103
BUILDING DEPARTMENT
103.1 General. The Building Department and the official in charge of the Building Department shall be the Code Official, for purposes of this Code.
103.3. Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a deputy(ies). Such employees shall have powers as delegated by the Code Official.
103.4 Liability. The Code Official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
103.5 Fees. The fees for activities and services performed by the Building Department in carrying out its responsibilities under this code shall be as prescribed from time to time by the Building Official and approved by a resolution of the City Council.
SECTION 106
VIOLATIONS
106.3 Prosecution of violations. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the Code Official, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provision of this code or of the order or direction made pursuant thereto. The expenses of any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and the costs shall be assessed against the real estate in the same manner as provided in Section 390 of the City Charter. Any violation as determined by the Code Official shall subject the violator to the penalties as provided in § 1-27 and/or Chapter 85 of the Code of the City of Monroe.
SECTION 110
DEMOLITION
110.3 Failure to comply. If the owner of a premises or the owner's authorized agent fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency, or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. The cost shall also be the personal obligation of the property owner which may be collected by the use of any and all appropriate legal remedies.
SECTION 111
MEANS OF APPEAL
Section 111 Means of Appeals is replaced so as to read as:
111.1 Application for appeal. Any person directly affected by a decision of the Code Official, the Building Official or his/her designee, or a notice or order issued under this code shall have the right to appeal to the Construction Board of Appeals, provided that a written application for appeal is filed within 21 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
111.2 Membership of the Board. The membership of the Construction Board of Appeals shall be as set out in Chapter 22, Article X, Construction Board of Appeals, of the Code of the City of Monroe.
111.3 Procedures. The procedures of the Construction Board of Appeals shall be as set out in Chapter 22, Article X, Construction Board of Appeals, of the Code of the City of Monroe.
111.4 Court Review. An interested person shall have the right to court review of any decision of the Construction Board of Appeals. Application for such a review shall be made within 21 days following the decision of the Construction Board of Appeals.
111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Construction Board of Appeals.
SECTION 112
STOP-WORK ORDER
112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person in directed to perform to remove a violation or unsafe condition shall be liable for a municipal civil infraction. Any violation as determined by the Code Official shall subject the violator to the penalties as provided in § 1-27 and/or Chapter 85 of the Code of the City of Monroe.
SECTION 302
EXTERIOR PROPERTY AREAS
302.4 Weeds. Insert: eight inches.
SECTION 304
EXTERIOR STRUCTURE
304.14 Insect screens. Delete reference to date.
SECTION 602
HEATING FACILITIES
602.3 Heat supply. Delete reference to date
602.4 Occupiable work spaces. Delete reference to date.
SECTION 605
ELECTRICAL EQUIPMENT
605.2 Receptacles. All bathroom receptacles outlets shall have ground fault circuit interruption protection.
605.2.1 Ground fault circuit interruption protection required. All receptacles in the following existing structures locations shall be protected with ground fault circuit interruption protection.
Exception: All new construction or installations completed without an electrical permit shall comply with the appropriate electrical code requirements that exist at the time of the correction when a permit is obtained as required by the current edition of the Michigan Residential Building Code.
1.
All bathroom general duty receptacles within the entire room, including split bathroom layouts where the sink areas are separate from tub, shower and toilet fixture.
2.
All kitchen or wet bar general duty receptacles within six feet of the rim of the sink.
3.
All exterior general duty receptacles located on the exterior of the primary structure, all accessory buildings, all ground-mounted equipment and any other receptacle locations that are outside the primary structure outer walls located on the property.
4.
All accessory structure, interior general duty receptacles. Locations shall include attached and detached garages, sheds, play structures, gazebos, pergolas, pools and any other location where electrical equipment may be plugged in and then used in a damp or wet exterior environment.