[Ord. No. 1341, 7-17-2002]
(a)
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."
(b)
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:
(1)
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;
(2)
Fixing the responsibilities of owners, operators and occupants of
all structures; and
(3)
Providing for administration, enforcement and penalties.
(c)
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.
(d)
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.
[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No.
1589; 7-21-2021 by Ord. No. 1798]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No.
1589]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
[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]
(a)
Generally. Structures shall be condemned as dangerous structures
or unsafe for human occupancy as herein provided.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
(1)
The name of the City;
(2)
The name of the authorized department having jurisdiction;
(3)
The chapter and section of the Code under which it is issued;
(4)
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.
(f)
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:
(g)
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.
[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No.
1589]
(a)
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.
(b)
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:
(c)
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:
(1)
To restrain, correct or remove the violation or refrain from
any further execution of work;
(2)
To restrain or correct the erection, installation or alteration
of such building;
(3)
To require the removal or work in violation;
(4)
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.
(d)
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.
(e)
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.
[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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Administrative variances.
(1)
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:
a.
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;
b.
Any ceiling light fixtures in the rooms covered by the variance
request are recessed;
c.
The applicant does not request a variance greater than three
inches from the ceiling height requirements under this Code; and
d.
The applicant does not request a variance to allow a ceiling
height of less than six feet eight inches in any room.
(2)
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:
a.
An inspection of the property reveals that it fully complies
with this Code (except as to guardrail height);
b.
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;
c.
The guardrail for which the variance is sought is at least 24
inches in height or more;
d.
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;
e.
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
f.
Spindle spacing and handrail height comply with this Code.
(3)
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:
a.
The room is an existing room, not a proposed room;
b.
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;
c.
The room has a window which is either an approved egress window,
or is as large as any other bedroom windows in the structure;
d.
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;
e.
The room is equipped with a hard-wired, interconnected smoke
detector inside the room in addition to other smoke detectors required
by this Code;
f.
The room does not require, and has not been granted, an administrative
ceiling height variance;
g.
The door and the required window in the room are not, and shall
not be, obstructed by furniture or other materials; and
h.
The room, at any point in the room, is not less than six feet
nine inches in width.
(4)
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:
a.
The housing subject to the request for reasonable accommodation
will be used by individuals with disabilities protected under fair
housing laws;
b.
The requested accommodation is reasonable and necessary to make
housing available to an individual with disabilities as required under
the fair housing laws;
c.
The requested accommodation will not impose an undue financial
or administrative burden on the City;
d.
The requested accommodation will not require a fundamental alteration
in the nature of the City's housing program; and
e.
There are no alternative accommodations which may provide an
equivalent level of benefit to the applicant.
(f)
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.
(g)
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:
(1)
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.
(2)
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.
(3)
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.
[Ord. No. 1341, 7-17-2002]
(a)
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.
(b)
Saving clause. This article shall not affect violations of any other
ordinance, code or regulation of the City existing prior to March
13, 1985, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
