The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- BUILDING INSPECTOR
- The duly authorized representative of the Village charged by the Village Council with the administration, inspection and enforcement of the provisions of this chapter or any other individual duly authorized by charter, statute, ordinance or resolution of the Village Council.
- CONSTRUCTION WASTE
- Any waste that results from the completion of construction work or demolition of construction work. Examples include, but are not limited to, wood board products, shingles, siding materials, cement or concrete blocks, insulation, insulation board and sheetrock or drywall.
- ELECTRICAL SYSTEM
- Includes all of the following supplies, facilities, equipment and the operation thereof: electric wiring, electrical distribution systems, electrical protection systems, any device using or connected to electrical wiring, together with any device using electricity.
- HABITABLE ROOM
- Any room within a structure designed or used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. Habitable rooms must meet all light, ventilation and area standards of this chapter.
- HEATING SYSTEM
- A device or system designed or used to provide a housing unit and/or habitable rooms with a minimum interior temperature of 60° to 75° F.
- The owner, manager, rental agent or other person or corporation in charge of a dwelling unit leased or let for residential use and occupancy.
- Any natural person over one year of age living and sleeping in a residential rental unit, or having actual possession of such unit.
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the county as holding title to the property, including the guardian/conservator of the estate of any person, or the personal representative of the estate of a deceased individual.
- PLUMBING SYSTEM
- Includes all of the following supplies, equipment and the operation thereof: water pipes, garbage disposal units, sewage pipes, toilets, catch basins, drains, vents, other supplied fixtures, together with all connections to municipal water and municipal sewage systems.
- RESIDENTIAL RENTAL UNIT
- All dwellings, dwelling units or mobile homes which are leased or otherwise made available for rental purposes except:
- A. Dwelling units required to be occupied by an employee or agent of an owner as the condition of employment (e.g., parsonages).
- B. Any dwellings, dwelling units or mobile homes which the state or federal government has exclusive authority under state law or federal law to inspect and regulate.
- C. The principal residence of the owner which is temporarily occupied by persons, other than the owner, for not more than one year, for which no rent is paid.
- The waste materials from normal households or living conditions. Rubbish includes ashes, plastic materials, ceramics, window glass, discarded clothing and other solid wastes.
- The responsible person temporarily occupying a residential rental unit or having actual possession of such unit.
- UNFIT FOR HUMAN HABITATION
- Any dwelling unit or habitable room which, because of its condition, or the condition of the structure in which it is situated, or the condition of the lot on which the dwelling unit, its structure or any accessory structure stands, renders it a danger to life, safety, morale or general welfare of the occupants, or of the public.
Any person, corporation, owner, agent, designated representative or landlord who violates any of the provisions of the rental inspection ordinance or fails to register and have the required inspections for rental properties and fails to receive a compliance certificate, or who shall violate any provision of this chapter shall be deemed guilty of a municipal civil infraction and shall be punished by § 1-2 for the first offense and a dollar amount as established by the court as well as for the second offense including rejection of its existing rental registration and compliance. In addition, any person, corporation, owner, agent, designated representative or landlord will then need to reapply for compliance with the aforementioned ordinance, furthermore subjected to the full fine and cost imposed for violation of § 1-2, municipal civil infraction. Failure to comply within the established time parameters the person, corporation, owner, agent or landlord shall pay any administrative late charges as prescribed in the fee schedule established by the Village of Cassopolis Board, in addition to fees for each subsequent site visit for certification and compliance determination as prescribed by the fee schedule established by the Village of Cassopolis Board. Each violation of the provisions hereof shall be deemed a separate offense.
Creation of a Rental Unit Appeals Board. There is created a Rental Unit Appeals Board which shall consist of three members, who shall be appointed by the Village Council for terms of three years, with terms staggered so as to give continuity to the Appeals Board. The Appeals Board members shall serve without compensation unless authorized to receive compensation by resolution of the Village Council.
Appeals hearings. Appeals from the rulings of any official charged with the enforcement of this chapter, and any of the provisions relating thereto, shall be directed to the Appeals Board.
Appeals or complaints to the Appeals Board should be submitted in writing to the Village Manager on such form as may be initiated or required by the Village or the Appeals Board.
Upon receipt of an appeal, the Village Manager, the Village Building Inspector or such official from whose decision the appeal is directed, shall provide the individual members of the Appeals Board with a summary report reviewing the history of the case and a synopsis of any and all actions taken.
The Appeals Board shall then fix a reasonable time for a hearing of the appeal.
Due notice of the hearing shall be provided to all interested parties to the complaint.
Decision of the Appeals Board.
The Appeals Board shall have the power to affirm, reverse, modify, in whole or in part, the decisions of any official charged with the enforcement or interpretation of this chapter.
Should the decision of the Appeals Board be unsatisfactory, the aggrieved party may make a further appeal to the Village Council. Such appeal to the Village Council must be made within 30 days from the date of the decision of the Appeals Board. The Village Council will hear the appeal as well as the recommendations of the Appeals Board. The Village Council may reverse, affirm, modify, in whole or in part, the decision of the Appeals Board, or it may issue such other orders as it shall deem appropriate to carry out the intent and provisions of this chapter.
All residential tenants and all relations between landlords and residential tenants shall be governed by, and construed in accordance with Public Act No. 348 of 1972 (MCL § 554.601 et seq.). Such act is incorporated in this section by reference, and any violation of such act is a violation of this chapter.