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.
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.
[Amended 1-18-2000 by Ord. No. 99-017]
A. 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.
B. 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.
[Amended 4-2-2001 by Ord. No. 01-007; 10-16-2006 by Ord. No.
06-017]
A. 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.
B. 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.
C. 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.
D. 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) 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).
[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]
A. 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.
B. 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.
C. 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.
D. 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.
E. A certificate of compliance shall not be issued for
any premises as to which real estate taxes and/or assessments are
delinquent.
[Amended 10-28-1996 by Ord. No. 96-020]
A. 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.
B. 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.
C. 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.
[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.
[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.
[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:
A. Specify the date of the inspection;
B. Specify the address where the violation was found;
D. Include a description of each violation observed by
the inspector;
E. State that each violation is a separate punishable
offense;
F. Specify a time limit for the performance of any act
it requires;
G. 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;
H. 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;
I. State the specific section of the housing code that
is in violation;
J. 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.
[Amended 1-18-2000 by Ord. No. 99-017; 7-3-2006 by Ord. No.
06-011]
A. 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.
B. 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.
[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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.