City of Holland, MI Administration and Enforcement

Short title. This article shall be known as the "Minimum Properties Standards Code of the City of Holland" for all structures and properties and is herein referred to as "the Housing-Property Maintenance Code" or "this article."

Purpose. The purpose of this article is to protect the public health, safety and welfare in buildings and on the premises as hereinafter provided by:

Establishing minimum standards for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space, use and location; for safe and sanitary maintenance; and for cooking equipment in all structures now in existence;

Fixing the responsibilities of owners, operators and occupants of all structures; and

Providing for administration, enforcement and penalties.

Scope generally. The provisions of this article shall apply to all structures and premises which are now, or may become in the future, substandard with respect to structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, overcrowding or welfare of their occupants. The existence of such conditions, factors or characteristics adversely affects public safety, health and welfare and leads to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum standards.

Applicability to travel trailers and mobile homes. All moveable units used for human occupancy, and the areas, grounds or parcels on which they are located, insofar as they are applicable thereto shall comply with the requirements of this article.

Sec. 14-3 Applicability of article to related ordinances and existing buildings.

[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No. 1589; 7-21-2021 by Ord. No. 1798]

Generally. Every portion of a building or premises used or intended to be used shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered or repaired, except as hereinafter provided.

Construction Codes. Any alterations to buildings, or changes of use therein, which may be caused, directly or indirectly, by the enforcement of this article shall be done in accordance with applicable sections of the Construction Codes of the City.

Chapter 39 Unified Development Ordinance (UDO). Nothing in this article shall permit the establishment or conversion of a multifamily dwelling in any zone district except where permitted by the Chapter 39 - Unified Development Ordinance (UDO), or the continuation of such nonconforming use in any zone except as provided therein.

Conflict with other ordinances. In any case where a provision of this code conflicts with the provision of any zoning, building, fire, safety, or health ordinance or Code of the City of Holland, the provision which establishes the higher standard for the promotion and protection of safety and health of the people shall prevail. In any case where a provision of this code conflicts with a provision of any other ordinance or code of the City of Holland and the other ordinance or code establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this code shall prevail. In any case where a provision of this code conflicts with the provision of any other ordinance or code of the City of Holland and the provisions of this code and the provisions of the other ordinance or code establish comparable standards for the safety and health of the people, the enforcing officer shall allow compliance with either code or ordinance.

Existing buildings. This article establishes minimum requirements for the initial and continued occupancy of all buildings and structures and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this section.

Existing remedies. Nothing in this article shall be deemed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.

Workmanship. Repairs, maintenance work, alterations or installations which are required or caused directly or indirectly by the enforcement of this article shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.

Sec. 14-4 Enforcement authority.

[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No. 1589]

Enforcing officer. It shall be the duty and responsibility of the Department of Community and Neighborhood Services to enforce the provisions of this article as herein provided. The term "enforcing officer" shall mean the Director of the Department of Community and Neighborhood Services or his or her duly authorized representative.

Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of this article shall be the exclusive responsibility of the enforcing officer. Wherever, in the opinion of the enforcing officer, it is necessary or desirable to have inspections of any condition by any other department, he or she shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors or to multiple or conflicting orders, to the extent reasonably practicable under the circumstances. No order for correction of any violation under this article shall be issued without the approval of the enforcing officer.

Administrative liability. Except as may otherwise be provided by the state statute, local law or ordinance, an officer, agent or employee of the City charged with the enforcement of this article shall not render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this article. A person who institutes or assists in the prosecution of a criminal proceeding under this article shall not be liable for damages hereunder, as long as the person who institutes or assists in the prosecution has reasonable cause to believe that the party accused or prosecuted was guilty of any unlawful act or omission. Any suit brought against any officer, agent or employee of the jurisdiction, as a result of any act required or permitted in the discharge of his or her duties under this article, shall be defended by the legal representative of the jurisdiction until the final determination of the proceedings.

Inspections. The enforcing officer may make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this article.

Right of entry. When an inspection shall be made, the enforcing officer may request permission to enter the premises at any reasonable time for the purpose of performing his or her duties under this article. Permission to access the premises may be granted by the owner of the premises, his or her agent, and a tenant occupying the premises or any other occupant of the premises. If there is an emergency, then the enforcing officer shall have the right to enter at any time.

Warrants for nonemergency situations. In a nonemergency situation where the owner, his or her agent, a tenant or other occupant of the premises demands a warrant for the inspection of the premises, the enforcing officer shall obtain a warrant from a court of competent jurisdiction. The enforcing officer shall prepare the warrant, stating the address of the structure to be inspected, the nature of the inspection as defined in this article or other applicable acts, and the reason(s) for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection (e.g. complaint, compliance, etc.) established in this article and other applicable acts or in rules or regulations. The warrant shall also state that it is issued pursuant to this subsection, and that it is for the purposes set forth in this article and other acts which require that inspections be conducted. If the court finds that the warrant is in proper form and in accord with this subsection, then it shall issue the warrant forthwith. In the event of an emergency, no warrant shall be required.

Access by owner. Every tenant or other occupant of a property in the City shall give the owner thereof, or his or her agent or employee, access to any part of the premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this article.

(h)

Rules and regulations. The Department of Community and Neighborhood Services shall adopt rules to govern the procedures under this division and interpretation thereof. The rules shall set forth the procedures for inspections, registration of rental units, issuance of rental certificates of compliance and temporary rental certificates of compliance, proceedings affecting the status of a certificate and appeals. Copies of such rules shall be placed on file in the office of the City Clerk for inspection by the public.

Sec. 14-4.1 Condemnation of dangerous or unsafe structures.

[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No. 1589; 2-15-2017 by Ord. No. 1695; 1-17-2018 by Ord. No. 1711]

Generally. Structures shall be condemned as dangerous structures or unsafe for human occupancy as herein provided.

Dangerous structures. If all or part of any building or structure (including, among others, a fence, billboard or sign) or the equipment for the operation thereof (including, among others, the heating plant, plumbing, electric wiring, moving stairways, elevators and fire-extinguishing apparatus) shall be found, in the opinion of the enforcing officer, to be in an unsafe condition or dangerous to life, limb or property, the enforcing officer shall proceed to have the same condemned pursuant to the applicable provisions of codes of the City or the state pertaining to unsafe structures including but not limited to the procedures under Chapter 19 for dangerous structures.

Structures unfit for human occupancy. Whenever the enforcing officer finds that any structure constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance; or is in disrepair, unsanitary or vermin-infested; or lacks the sanitary facilities or equipment, or lacks proper means of disposal of refuse as defined in Section 27-1 of the Holland City Code; or otherwise fails to comply with the minimum provisions of this article, but has not yet reached such state of complete disrepair as to be condemned as a dangerous structure as hereinbefore provided, he or she may declare such structure as unfit for human occupancy and order it to be vacated.

Notice - generally. Notice of the declaration of any building under this article as unfit for human occupancy and the order to vacate it shall be served as provided in this article or such other codes or ordinances of the municipality pertaining to unsafe buildings.

Same - posting. Any structure declared as unfit for human occupancy shall be posted with a placard by the Building/Zoning Administrator. The placard shall include the following:

The name of the City;

The name of the authorized department having jurisdiction;

The chapter and section of the Code under which it is issued;

An order that the structure, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn;

(5)

The date that the placard is posted; and

(6)

A statement of the penalty for defacing or removing the placard.

Same - form. Whenever the enforcing officer has declared a structure as unfit for human habitation, he or she shall give notice to the owner of such declaration and placarding of the structure as unfit for human occupancy. Such notice shall:

Be in writing;

Include a description of the real estate sufficient for identification;

Include a statement of the reasons why it is being issued;

State the time to correct the conditions; and

(5)

State the time the occupants must vacate the structure.

Same - service. Notice of violation shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him or her personally, or if he or she is not found, by leaving a copy thereof at his or her usual place of abode with a person of suitable age and discretion, who shall be informed of the contents thereof, or by sending a copy thereof by certified mail to his or her last known address, or, if the letter with the copy is returned showing it has not been delivered to him or her, by posting a copy thereof in a conspicuous place or on or about the structure affected by the notice.

(h)

Same - unauthorized removal of placard or notice. A person shall not deface or remove the placard from any structure that has been declared or placarded as unfit for human habitation, except by authority in writing from the enforcing officer. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code and shall be deemed a nuisance per se.

(i)

Vacating of placarded building. Any structure that has been declared and placarded as unfit for human occupancy by the enforcing officer shall be vacated within a reasonable time as required by the enforcing officer, and it shall be unlawful for any owner or operator to let any person continue to occupy or reside in structure, and a person shall not occupy any structure that has been declared or placarded by the enforcing officer as unfit for human occupancy after the date set forth in the placard. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code and shall be deemed a nuisance per se.

(j)

Written approval for occupancy of building. A structure that has been declared or placarded as unfit for human occupancy shall not again be used for human occupancy until written approval is secured from the enforcing officer. The enforcing officer shall remove such placard whenever the defects upon which the declaration and placarding action were based have been eliminated.

(k)

Furnishing copies of notice to other City departments or officials. The enforcing officer may furnish a copy of each notice to vacate a building to the Department of Public Safety and any other designated official of the City concerned therewith.

Sec. 14-4.2 Violations.

[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No. 1589]

Notice – Service. Notice of violation shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him or her personally, or if he or she is not found, by leaving a copy thereof at his or her usual place of abode with a person of suitable age and discretion, who shall be informed of the contents thereof, or by sending a copy thereof by mail to his or her last known address, or, if the letter with the copy is returned showing it has not been delivered to him or her, by posting a copy thereof in a conspicuous place or on or about the structure affected by the notice.

Same – Contents. Whenever the enforcing officer determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation, of any provision of this article, he or she shall give notice of such violation or alleged violation to the person responsible therefor. Such notice shall:

Be in writing;

Include a description of the real estate sufficient for identification;

Specify the violation which exists and the remedial action required; and

Allow a reasonable time for the performance of any act it requires.

Same – Noncompliance; legal action or proceeding. In case any notice of violation is not complied with within the time set forth in the notice, the enforcing officer may issue a citation for a municipal civil infraction or request the City Attorney to institute an appropriate action or proceeding at law or in equity against the person responsible for the violation, ordering him or her:

To restrain, correct or remove the violation or refrain from any further execution of work;

To restrain or correct the erection, installation or alteration of such building;

To require the removal or work in violation;

To prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this article, or in violation of a plan or specification under which an approval, permit or certificate was issued;

(5)

To comply with the penalty provisions of this article; or

(6)

To pay the attorney fees and costs incurred by the City with respect to the action or proceeding at law or in equity and the administrative expense incurred by the City in efforts to enforce the notice of violation.

Change in ownership; sale or transfer of premises. A person shall not sell or transfer premises which are subject to an outstanding housing order unless a copy of the order issued by the enforcing officer is provided to the person acquiring the premises at the time of sale or transfer of the premises.

Seller's notice to City upon sale or transfer of premises. The person selling or transferring the premises shall notify the City of same in writing within 10 days of transferring ownership of the premises subject to the outstanding housing order. The notice to the City shall include the name, address and telephone number of the person acquiring the premises and the effective date of the transfer of ownership. The City shall immediately issue a new housing order to the person acquiring the premises. The person selling or transferring the premises who has failed to comply with an outstanding housing order shall not be relieved of the responsibility of having violated any provision of this article by selling or transferring the premises.

Sec. 14-4.3 Appeals and administrative variances.

[Ord. No. 1341, 7-17-2002; amended Ord. No. 1480, 9-5-2007; Ord. No. 1544, 4-14-2010; Ord. No. 1579, 1-18-2012; 8-1-2012 by Ord. No. 1589; 6-17-2015 by Ord. No. 1651]

Housing Board of Appeals established. The City establishes a Housing Board of Appeals pursuant to this section. The Housing Board of Appeals shall have six members and two alternates. The members of the Housing Board of Appeals shall be the same as the members of the Zoning Board of Appeals. The alternate members of the Housing Board of Appeals shall be the same as the alternate members of the Zoning Board of Appeals. Notwithstanding the preceding sentences, the composition of members and their terms shall at all times be as required by MCLA § 125.541c.

Board duties. The Housing Board of Appeals shall hear appeals from decisions of the enforcing officer and shall act upon questions relating to the administration, enforcement and interpretation of this article, including variances from the requirements of this article. The Housing Board of Appeals shall conduct its hearings in accordance with this section and such other sections of this Code.

Appeal of enforcing officer order; public hearing. Any aggrieved party, including an occupant, may appeal an order issued by the enforcing officer to the Housing Board of Appeals. The Housing Board of Appeals shall hold a public hearing to review the decision of the enforcing officer and shall allow the enforcing officer and the aggrieved party and any other person to be heard and present evidence.

Staying of an order. An appeal shall stay an order denying or suspending a rental certificate of compliance, unless such suspension is for a major violation. In such cases, an appeal shall not stay the suspension of the rental certificate of compliance, unless the Director of the Department of Community and Neighborhood Services orders that it be stayed.

Administrative variances.

Ceiling height requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing ceiling height requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:

An inspection of the property reveals that it fully complies with this Code (except as to ceiling height) including light and ventilation requirements and floor area to height ratio requirements;

Any ceiling light fixtures in the rooms covered by the variance request are recessed;

The applicant does not request a variance greater than three inches from the ceiling height requirements under this Code; and

The applicant does not request a variance to allow a ceiling height of less than six feet eight inches in any room.

Guardrail height requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing guardrail height requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:

An inspection of the property reveals that it fully complies with this Code (except as to guardrail height);

The surface area below and/or immediately adjacent to the balcony, deck, landing, porch, stair or walking surface on which is located the guardrail for which the variance is sought is not hard-surfaced; that is, it shall not be a surface created out of asphalt, concrete, gravel, wood, or other hard-surface material;

The guardrail for which the variance is sought is at least 24 inches in height or more;

The general pattern of traffic on the balcony, deck, landing, porch, stair or walking surface is not right along the portion of the balcony, deck, landing, porch, stair or walking surface where the guardrail for which the variance is sought is located;

The surface area of the balcony, deck, landing, porch, stair or walking surface on which is located the guardrail for which the variance is sought is not more than six feet directly above the floor, grade, ground or surface area below, measured perpendicularly; and

Spindle spacing and handrail height comply with this Code.

Room width requirements. Upon a written request of a property owner, the enforcing officer may grant an administrative variance from the existing room width requirements imposed under this Code if the enforcing officer determines that all of the following conditions are met:

The room is an existing room, not a proposed room;

An inspection of the property reveals that it fully complies with this Code (except as to room width) including, but not limited to, light and ventilation requirements and ceiling height, and the room in question has a minimum of 70 square feet of qualifying floor area;

The room has a window which is either an approved egress window, or is as large as any other bedroom windows in the structure;

The room cannot be made wider without substantial reconstruction, including, but not limited to: relocation of exterior or bearing walls, relocation of a stairway, or relocation of plumbing or mechanical equipment. Substantial construction does not include the removal of a closet or the relocation of a nonbearing partition wall;

The room is equipped with a hard-wired, interconnected smoke detector inside the room in addition to other smoke detectors required by this Code;

The room does not require, and has not been granted, an administrative ceiling height variance;

The door and the required window in the room are not, and shall not be, obstructed by furniture or other materials; and

The room, at any point in the room, is not less than six feet nine inches in width.

Accommodations for persons with disabilities. Upon a written request of an eligible person (as defined in Section 39-17.4), the enforcing officer may grant an administrative variance from requirements imposed under this Chapter 14 if the enforcing officer determines that all of the following conditions are met:

The housing subject to the request for reasonable accommodation will be used by individuals with disabilities protected under fair housing laws;

The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities as required under the fair housing laws;

The requested accommodation will not impose an undue financial or administrative burden on the City;

The requested accommodation will not require a fundamental alteration in the nature of the City's housing program; and

There are no alternative accommodations which may provide an equivalent level of benefit to the applicant.

Appeals. Any owner or person who is aggrieved by the ruling or decision of the enforcing officer in any matter relative to an administrative variance or the interpretation or enforcement of any of the provisions of the Housing-Property Maintenance Code may appeal the decision or interpretation to the Housing Board of Appeals.

Filing. Such appeal must be filed with the City Clerk, in writing, within 30 days of the date of the issuance of the decision or interpretation. An appeal shall not be received if the City has commenced prosecution proceedings pursuant to Section 14-4.2(c).

(h)

Decision; Housing Board of Appeals. The appeal shall be decided by the following procedure:

The Housing Board of Appeals shall hold a public hearing to hear evidence of violations from the enforcing officer and the appellant. The appellant shall attend in person or may be represented by legal counsel.

The Housing Board of Appeals shall render its decision not more than 60 days after the conclusion of the hearing. The failure to decide an appeal within 60 days shall be deemed a denial. The decision of the Housing Board of Appeals shall include findings of fact and conclusions of law based upon the evidence presented by the enforcing officer and appellant. Witnesses and other documentary evidence shall be permitted in the proceedings before Housing Board of Appeals.

The Housing Board of Appeals shall have the authority and jurisdiction to affirm, amend or reverse the decision or interpretation of the enforcing officer. The Housing Board of Appeals shall also have the authority and jurisdiction to grant a variance from this article for any requirement if compliance with the requirement imposes undue burden upon the applicant due to unforeseen uses or circumstances or an alternate proposal will satisfy the spirit of the requirements of this chapter. The Housing Board of Appeals shall not have the authority to grant a variance from any of the requirements of this article unless it determines that the health, welfare, and safety of occupants of the affected property will not be compromised. The Housing Board of Appeals may not grant a variance from or waive any fees or late charges.

Sec. 14-4.4 Severability; saving clause.

[Ord. No. 1341, 7-17-2002]

Severability. If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall continue in full force and effect, and to this end the provisions of this article are hereby declared to be severable.