City of Monroe, MI Rental Properties

The City of Monroe recognizes the importance to the general health, safety and welfare of all of its citizens and also recognizes a compelling interest in establishing standards for the maintenances of sanitary and safe residential rental structures in the City. This chapter is designed to promote the continued maintenance of quality and safe rental properties and to enhance and maintain property values.

§ 550-2 Definitions.

As used in this chapter, the following terms shall have the following meanings respectively ascribed to them in this section:

CERTIFICATE OF COMPLIANCE

A certificate issued by the designated enforcement officer which certifies compliance with the provisions of the codes and ordinances of the City of Monroe for all rental dwellings and rental units. A certificate of compliance shall be valid for three years from the date of issuance.

LEASE

Any written or oral agreement that sets forth any and/or all conditions concerning the use and occupancy of rental dwellings or rental units.

NOTICE OF VIOLATION

A notice issued to the owner or responsible local agent stating that there has been a violation of a provision of this chapter or any other applicable codes, ordinances, rules or regulations concerning said premises.

OCCUPANT

A tenant, lessee and any person residing within a rental dwelling or rental unit.

OWNER

Any person, agent, firm or corporation having a legal or equitable interest in the premises.

PREMISES

Any lot or piece of land, inclusive of the rental dwelling or rental unit located thereon.

RESIDENTIAL RENTAL STRUCTURE

Any structure, building or other facility promised and/or leased to a residential tenant or tenants for use as a home, residence or sleeping unit. This definition includes, but is not limited to, one- and two-family dwellings, multiple-family dwellings, apartment units, boardinghouses, rooming houses, hotels, motels and flats.

RENTAL UNIT

Any one area, room, structure, flat or apartment that is being leased or rented to only one tenant, group of tenants or family under one lease.

RESPONSIBLE LOCAL AGENT

A person or a representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity having his or her place of residence in the County of Monroe and designated by the owner of the premises as responsible for operating such property in compliance with all the provisions of these Codified Ordinances. All official notices of the City may be served on the responsible local agent, and any notice so served shall be deemed to have been served upon the owner of record.

§ 550-3 Scope.

[Amended 1-18-2000 by Ord. No. 99-017]

This chapter shall apply to any dwelling or part thereof which is occupied by persons pursuant to any oral or written rental or lease agreement for compensation. Such dwellings shall include, but not be limited to, single-family dwellings, multiple-family dwellings, rooming houses and boardinghouses.

This chapter does not apply to hotels and motels licensed and inspected by the State of Michigan or to multiple-family apartment complexes that are under the jurisdiction of and/or that have a financial obligation to a state or federal agency such as HUD or MSHDA. The foregoing exception does not apply to dwellings subject to MSDHA Section 8 inspections performed by the state because the dwellings' tenants qualify for assistance from the state.

§ 550-4 Registration required.

[Amended 4-2-2001 by Ord. No. 01-007; 10-16-2006 by Ord. No. 06-017]

Compliance. Residential rental structures required to be registered pursuant to this chapter shall comply with the following:

(1)

All existing rental structures shall be registered within 90 days of the effective date of this chapter.

(2)

All newly constructed residential rental units or structures shall be registered prior to any use or occupancy as a residential rental unit or structure.

(3)

A residential rental structure which is sold, transferred or conveyed shall be re-registered by the new owner within 30 days of the date of sale/closing. Any existing certificate of compliance shall be transferred to the new owner and shall be valid until its expiration, subject to the provisions of Subsection D hereof.

(4)

All existing nonrental dwellings which are converted to residential rental structures shall be registered prior to the date on which the property is first occupied for rental purposes.

Registration forms.

(1)

Applications for registration shall be made in such form and in accordance with such instructions as may be provided by the enforcement officer designated by City Council and shall include at least the following information:

(a)

The name, address and telephone number of the applicant.

(b)

The names, addresses, telephone numbers, dates of birth and social security numbers of all owners of the residential rental structure(s).

(c)

In the event the owner is not a Monroe County resident, an authorization appointing a responsible local agent signed by both the owner and the responsible local agent.

(d)

The name, local address, telephone number, date of birth and social security number of the responsible local agent.

(2)

No post office box will be accepted as a legal address. Upon registration, the designated enforcement officer shall inform applicants of certificate of compliance requirements.

(3)

The owner shall be responsible for notifying the designated enforcement officer of any change of address or telephone number of either the owner or the responsible agent.

Registration prior to use. Registration shall be made prior to the use or occupancy of any residential rental structure or residential rental unit, except as otherwise provided by this chapter.

Transfer of ownership. No owner of any residential rental structure or residential rental unit who has received notice of violation of any code or ordinance of the City (including notices that the number of residential rental units exceeds that permitted by the Zoning Code[1]) shall transfer, convey, lease or sell his or her ownership and/or interest, unless such owner shall first have furnished to the grantee, lessee, vendee or transferee a copy of any notice of violation and shall have furnished to the designated enforcement officer a signed and notarized statement by the transferee acknowledging the receipt of such notice of violation and acknowledging legal responsibility for correction of the violation(s).

[1]

Editor's Note: See Ch. 720, Zoning.

§ 550-5 Certificate of compliance required.

[Amended 1-18-2000 by Ord. No. 99-017; 2-3-2003 by Ord. No. 03-001; 4-21-2003 by Ord. No. 03-004; 9-15-2003 by Ord. No. 03-008]

No person shall lease or rent a residential rental structure or residential rental unit unless there is a valid certificate of compliance issued by the designated enforcement officer in the name of the owner for the specific residential structure and each residential rental unit. The certificate shall be displayed in a conspicuous place in each residential rental structure or unit. The certificate shall be issued after application and inspection by the designated enforcement officer to determine that each rental structure or unit complies with the provisions of the codes and ordinances of the City of Monroe.

Upon receipt of a timely application for issuance of a certificate of compliance, the designated enforcement officer shall inspect the premises before the certificate of compliance is initially issued. Upon failure of the designated enforcement officer to conduct an inspection prior to occupancy, the owner may rent the property until the designated enforcement officer has conducted an inspection, and the owner will not be deemed in violation during that time. If, however, the designated enforcement officer's failure to inspect the premises is due to the owner's or responsible local agent's action, failure to act or refusal to permit an inspection after reasonable notice of his intent to inspect, the owner or responsible local agent shall not rent the property without a current certificate of compliance as required.

Between 30 and 60 days before the expiration date of the certificate of compliance, the department responsible for certification shall send notification of expiration to the owner or responsible local agent, together with an invoice for recertification.

The designated enforcement officer shall inspect the premises before the certificate of compliance expires. Upon failure of the designated enforcement officer to conduct an inspection prior to expiration of the certificate of compliance, the owner may rent the property until the designated enforcement officer has conducted an inspection, and the owner will not be deemed in violation during that time. If, however, the designated enforcement officer's failure to inspect is due to the owner's or responsible local agent's action, failure to act or refusal to permit an inspection after reasonable notice of the intent to inspect, the owner or responsible local agent shall not rent the property without a current certificate of compliance as required. A certificate of compliance shall expire three years from the date of issuance.

A certificate of compliance shall not be issued for any premises as to which real estate taxes and/or assessments are delinquent.

§ 550-6 Inspections.

[Amended 10-28-1996 by Ord. No. 96-020]

The designated enforcement officer shall inspect residential rental units on a periodic basis pursuant to this chapter or under any of the following circumstances:

(1)

Upon initial registration of the residential rental structure and/or unit.

(2)

Upon receipt of a complaint from an owner, owner's agent or occupant that the premises are in violation of this chapter. If the enforcing officer determines that a complaint was filed without a factual basis and such inspection is made on a complaint basis, a twenty-five-dollar inspection fee shall be charged to the complainant.

(3)

Upon receipt of a report or a referral from the Police Department, the Fire Department, a public or private school, or another public agency.

(4)

Upon receipt of knowledge that a rental unit is not registered with the City of Monroe as required by this chapter.

(5)

Upon evidence of an existing housing code violation observed by the designated enforcement officer.

The designated enforcement officer shall make an appointment for an inspection of the rental dwelling(s) with the owner or agent. The owner/agent must give at least a twenty-four-hour notice, with an alternative date and time, to change the appointment. The inspector shall issue a written inspection report noting any violations of this chapter or of any other provision of this Code of the City of Monroe and shall provide a copy of the report to the owner or responsible local agent. The inspector shall direct the owner/agent to correct violations within the time set forth in the report. A reasonable time for correcting violations shall be determined by the inspecting officer in light of the nature of the violations and all relevant circumstances, which shall not exceed 60 days, unless correction of the violation within a sixty-day period is impossible due to seasonal considerations. Upon request of the person responsible for correcting violations, the inspecting officer may extend the time for correcting violations not to exceed an additional 30 days.

The designated enforcement officer shall give confirmation notice, by first class mail, to the owner/agent and tenant within seven days of the scheduled inspection. The owner/agent and tenant shall permit the inspection by the designated enforcement officer. The designated enforcement officer shall advise the owner/agent and tenant, at the time of the inspection, that the owner/agent and/or tenant shall have the right to refuse entry if the designated enforcement officer does not have a search warrant. The designated enforcement officer shall also advise the owner/agent and tenant that if the inspection is refused, an administrative search warrant will be sought. If the owner/agent and/or tenant refuses to permit a scheduled inspection, the designated enforcement officer may, through the City Attorney, seek an administrative search warrant to conduct the inspection. The designated enforcement officer may, at the request of the owner/agent or tenant, inspect the property. If invited to inspect the property, no notice shall be required to be given.

§ 550-7 Inspection fees.

[Amended 10-28-1996 by Ord. No. 96-020; 1-18-2000 by Ord. No. 99-017]

The City Council shall, by resolution, fix and determine the fees and charges for the periodic inspections required by this chapter. Any unpaid inspection fees shall become a lien on the property and be collected as provided by law.

§ 550-8 Inspection guidelines.

[Amended 9-4-2001 by Ord. No. 01-020; 8-1-2005 by Ord. No. 05-010]

A list of inspection guidelines to be used in inspections relating to the enforcement of this chapter follows the text of this chapter as Exhibit 1, City of Monroe Rental Property Maintenance Code. Said inspection guidelines shall incorporate and include the provisions of the International Property Maintenance Code. The inspection guidelines shall be effective upon adoption of this chapter. The adoption of said inspection guidelines shall not be construed to relieve the owner from compliance with any other requirements of codes adopted by the City, including, but not limited to, housing, electrical, building, plumbing, mechanical and fire codes and zoning, blight and signage requirements.

§ 550-9 Violations.

[Amended 4-2-2001 by Ord. No. 01-007; 2-3-2003 by Ord. No. 03-001]

Notice of violation. Violations of § 550-4 of the Code of the City of Monroe may be prosecuted without notice. Whenever the enforcing officer determines that there has been a violation of any other provision of this chapter, he or she shall give notice of such alleged violation and orders for correction of the violation as hereinafter provided. Such notice shall:

Specify the date of the inspection;

Specify the address where the violation was found;

Include the name;

Include a description of each violation observed by the inspector;

State that each violation is a separate punishable offense;

Specify a time limit for the performance of any act it requires;

Notify the owner or responsible local agent, as the case may require, of his or her right to appeal from the notice or order to the Housing Board of Appeals;

Be served upon the owner or the responsible local agent. Notice shall be deemed to be properly served if a copy thereof is served personally or if a copy thereof is sent by certified mail, return receipt requested, to the last known address. Notice given to the responsible local agent is deemed notice given to the owner. A copy of the notice shall be posted on the property which is the subject of the notice;

State the specific section of the housing code that is in violation;

Order the premises to be vacated within a time to be set by the inspector, the length of which shall be determined by the extent of the danger to the occupants, but in no case to exceed 30 days, or alternatively:

(1)

Order correction of all violations within a time period not to exceed 15 days;

(2)

State that a reinspection will be made to determine whether all violations have been corrected by the specified date. A fifty-dollar reinspection fee will be required to be paid prior to reinspection;

(3)

State that failure to comply with the notice will result in prosecution; and

(4)

Employ any other additional or optional corrective or enforcement measure as provided for in this Code of the City of Monroe or by law.

§ 550-10 Appeal process.

[Amended 1-18-2000 by Ord. No. 99-017; 7-3-2006 by Ord. No. 06-011]

Right of appeal. The owner or responsible local agent may appeal any decision of the designated enforcement officer, the Building Official, or his/her designee to the Construction Board of Appeals. An occupant of a dwelling shall have standing to appeal any notice or order to vacate the dwelling.

Procedure.

(1)

Any owner, agent or occupant requesting an appeal shall file a written request therefor with the designated enforcement officer, the Building Official, or his/her designee, within 10 days after the date of receipt of the notice of violation, or within the time for taking any action indicated on a notice or order, whichever time is shorter, on a form designated by the designated enforcement officer, the Building Official, or his/her designee.

(2)

The Construction Board of Appeals shall, within 10 days of receipt of a written request, fix a time, date and place for a hearing and shall hear testimony and argument from the owner and/or responsible local agent, the enforcing officer, the Building Official, or his/her designee, and shall, by a majority vote, determine the question at hand.

§ 550-11 Penalties. [1]

[Amended 1-18-2000 by Ord. No. 99-017; 4-2-2001 by Ord. No. 01-007; 10-16-2006 by Ord. No. 06-017]

In the event that the owner or responsible local agent does not correct a violation of any provision of this chapter, the designated enforcement officer shall revoke any existing certificate of compliance and may bring an action to seek the enforcement of this chapter by any appropriate legal remedy. Any structure not in compliance with this chapter is deemed a nuisance per se.

Any owner or responsible local agent of a residential rental structure or unit who fails to register or who fails to obtain a certificate of compliance for each residential rental structure shall be responsible for a municipal civil infraction.

An owner or responsible local agent may be charged with more than one violation of the provisions of this chapter in a single complaint, provided that each violation so charged relates to the same property.

A violation of any of the provisions of Chapter 550 shall be deemed a municipal civil infraction and subject to the payment of a civil fine determined in accordance with the following schedule:

(1)

First violation within a two-year period: $100.

(2)

Second violation within a two-year period: $250.

(3)

Third or subsequent violation within a two-year period: $500.

The two-year period referenced in Subsection D shall be determined as of the date of the first violation. For illustrative purposes only: if the first violation occurs on July 1, 1999, the two-year period shall be from July 1, 1999, to June 30, 2001.

Each day that a violation exists, occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.

Whoever violates this chapter shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized and provided for under Michigan law.

[1]

Editor's Note: See also Ch. 85, Municipal Civil Infractions, of this Code.