[Ord. No. 1341, 7-17-2002; Ord. No. 1577, 1-18-2012; 4-18-2018 by Ord. No. 1733]
For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
This term shall have the same meaning as in Section 39-2
of this Code.
Any dwelling, dwelling unit or mobile home which is leased,
made available for rental purposes, including short-term rentals,
or occupied by a person(s) other than the owner (with or without monetary
compensation), except:
Places of public accommodation licensed by the City under Chapter 26 of this Code.
Units required to be occupied by an employee or agent of an
owner as a condition of employment (i.e., parsonages).
Any dwellings, dwelling units or mobile homes which the state
has exclusive authority under state law to inspect and regulate.
The principal residence of the owner which is temporarily occupied
by a person(s) other than the owner for not more than two years, other
than as a short-term rental.
Dwellings in a dormitory operated by an institution of higher
education.
Dwelling units in which an owner of such unit resides unless
the nonowner-occupant(s) of such dwelling unit pay rent or make other
compensation to the owner for occupancy of the dwelling unit.
Tulip Time short-term rentals.
The person who is responsible for correcting all major or minor violation(s), or both, pursuant to the provisions of Section 14-4.25.
[Ord. No. 1341, 7-17-2002; amended Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589; 4-18-2018 by Ord. No. 1733]
All dwellings and short-term rentals, as defined by this article, that are leased or otherwise made available for rental purposes shall be registered by the owner with the Department of Community and Neighborhood Services. In addition to other requirements of this chapter, short-term rentals must meet all requirements listed in Section 14-4.29.2.
[Ord. No. 1577, 1-18-2012; amended 9-17-2014 by Ord. No. 1638]
All rental units within the City of Holland are required to
have the following terms and conditions in writing and made a part
of the rental agreement between owner and lessee/tenant:
(a)
A crime-free rental agreement addendum shall be included in
all residential rental agreements as follows:
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CRIME FREE RENTAL AGREEMENT ADDENDUM
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Notice: Michigan law establishes right and obligations for parties
to rental agreements. This agreement is required to comply with the
Truth in Renting Act. If you have a question about the interpretation
or legality of a provision of this agreement, you may want to seek
assistance from a lawyer or other qualified person.
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In consideration of the rental of a dwelling unit or execution
or renewal of a lease of a dwelling unit identified in the lease,
Owner and Resident agree as follows:
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1)
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Resident, any member of the resident's household, guest or other
person under the resident's control shall not engage in criminal activity,
including drug-related criminal activity, on the said premises. "Drug-related
criminal activity" means the illegal manufacture, sale, distribution
use or possession with intent to manufacture, sell, distribute, or
use of a controlled substance (other than legal possession or use
of medical marihuana) or a minor in possession of alcohol.
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2)
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Resident, any member of the resident's household, guest or other
person under the resident's control shall not engage in any act intended
to facilitate criminal activity, including drug-related criminal activity.
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3)
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Resident or member of the household will not permit the dwelling
unit to be used for, or to facilitate criminal activity, including
drug-related criminal activity, regardless of whether the individual
engaged in such activity is a member of the household, or a guest.
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4)
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Resident, any member of the resident's household or a guest,
or another person under the resident's control shall not engage in
the unlawful manufacturing, selling, using, storing, keeping or giving
of a controlled substance at any location within the apartment complex.
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5)
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Resident, any member of the resident's household, guest or another
person under the resident's control shall not engage in any illegal
activity, including prostitution, criminal street gang activity, threatening
or intimidating assault, including but not limited to the unlawful
discharge of firearms, within the apartment complex or any breach
of the lease agreement that otherwise jeopardizes the health, safety
and welfare of the landlord, his or her agent or other tenant or involving
imminent serious property damage.
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VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE
VIOLATION OF THE RENTAL AGREEMENT OR LEASE AND GOOD CAUSE FOR TERMINATION
OF TENANCY. A single violation of any provision of this addendum shall
be deemed a serious violation and a material and irreparable noncompliance.
It is understood that a single violation shall be good cause for immediate
termination of the lease.
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In case of conflict between the provisions of this addendum
and any other provisions of the lease, the provisions of the addendum
shall govern. This Addendum is incorporated into the rental agreement
or lease executed or renewed this day between Owner and Resident.
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Resident Signature
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Date
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Property Manager Signature
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Date
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(b)
The following statement shall be included: Maximum occupancy of the rental unit is the lesser of: i) the maximum occupancy allowed under Section 14-4.15, space requirements of the property maintenance code as calculated by square footage; or ii) a family as defined in Section 39-2.
(c)
The following statement shall be included: Tenants shall refrain from all conduct that unreasonably disturbs other tenants or neighbors of the building. The Holland Public Safety Department is available 24 hours a day to serve the community. Tenants may be billed for the fee imposed on the owner by the City of Holland for an excessive number or disturbances or calls as prescribed in Section 14-4.27.2.
[Ord. No. 1577, 1-18-2012; amended 9-17-2014 by Ord. No. 1638; 5-3-2017 by Ord. No. 1691; 5-12-2021 by Ord. No. 1793]
(a)
Should an excessive number of calls be generated by disturbances
or complaints at a residentially used property or residential unit,
except those properties that have a public lodging license, requiring
the involvement of public safety staff or other City staff, the owner
of the property shall be liable for a fee for such public safety or
other City staff service on a per-occurrence basis. Domestic violence
and other similar calls shall be excluded from this section.
(b)
The fee shall be established by resolution of the City Council.
The fee shall be billed to the owner by the Department of Community
and Neighborhood Services.
(c)
Nothing in this section shall be deemed to prevent the owner
from charging the fee to tenant(s).
(d)
For residentially used properties with four or fewer residential
units, an "excessive number of calls" is defined as any of the following
activities as determined by the Department of Public Safety [items
(1) and (5) below] and the Department of Community and Neighborhood
Services [items (2), (3), (4) and (5) below]:
(1)
Excess of three public safety visits to a property every 12
months which result in citations for civil infractions or criminal
complaints against the owner or occupants or their guests or invitees,
provided that notice of the visits was promptly given to the owner;
(2)
Excess of four local ordinance violations every 12 months which
result in direct City staff involvement to document the violation
and seek remedy to the violation, provided that notice of the visits
was promptly given to the owner;
(3)
Excess of three violations to Section 19-11 every 12 months which result in direct City staff involvement to document the violation and seek remedy to the violation, provided that notice of the visits was promptly given to the owner;
(4)
Excess of three violations to the Michigan statutes on landlord
and tenant relationships as set forth in MCLA § 554.601
et seq., as amended from time to time, which result in direct staff
involvement to document the violation and seek remedy to the violation,
provided that notice of the visits was promptly given to the owner;
or
(5)
Excess of four violations to any of the activities listed above
in Subsection (d)(1) through (3).
(e)
For residentially used properties with five or more residential
units, an "excessive number of calls" is defined as any of the following
activities as determined by the Department of Public Safety [items
(1) and (5) below] and the Department of Community and Neighborhood
Services [items (2), (3), (4) and (5) below]:
(1)
Excess of three public safety visits to a single residential
unit every 12 months which result in citations for civil infractions
or criminal complaints against the owner or occupants or their guests
or invitees, provided that notice of the visits was promptly given
to the owner;
(2)
Excess of four local ordinance violations at a single residential
unit every 12 months which result in direct City staff involvement
to document the violation and seek remedy to the violation, provided
that notice of the visits was promptly given to the owner;
(3)
Excess of three violations to Section 19-11 every 12 months which result in direct City staff involvement to document the violation and seek remedy to the violation, provided that notice of the visits was promptly given to the owner;
(4)
Excess of three violations to the Michigan statutes on landlord
and tenant relationships as set forth in MCLA § 554.601
et seq., as amended from time to time, which result in direct staff
involvement to document the violation and seek remedy to the violation,
provided that notice of the visits was promptly given to the owner;
or
(5)
Excess of four violations at a single residential unit to any
of the activities listed above in Subsection (e)(1) through (3).
(f)
Should excessive calls occur at a rental property, the enforcing or issuing officer may give notice of suspension to the owner that the annual basic housing permit for that property, as well as the annual basic housing permits for all other properties where the owner of the rental property is the same, may be suspended as provided in Section 17-19 of this Code. The procedure for requesting a hearing, conducting a hearing and suspension or revocation is set forth in Section 17-19 of this Code. Once suspended, to have the annual basic housing permit(s) reinstated, the property owner must apply to the Board of Appeals not earlier than six months from the effective date of the suspension. The Board of Appeals may reinstate the annual rental permit upon determining that the violations have been addressed and remedied.
[Ord. No. 1341, 7-17-2002]
(a)
All rental dwelling units shall be registered within 30 days of occupancy
by the tenant.
(b)
All newly constructed or newly converted rental dwellings shall be
registered within 30 days of the issuance of the certificate of occupancy
by the City.
(c)
A rental dwelling, which is sold, transferred or conveyed, shall
be reregistered by the new owner within 30 days of the date of the
deed, land contract or other instrument of conveyance.
(d)
All existing nonrental dwellings, which are converted to rental dwellings
without issuance of a certificate of occupancy, shall be registered
within 30 days from the date on which the property is first occupied
for rental purposes.
[Ord. No. 1341, 7-17-2002; Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589; 4-18-2018 by Ord. No. 1733]
The owner of a rental dwelling shall submit the following information
to the Department of Community and Neighborhood Services on forms
prescribed by the Department:
(a)
The address of the rental dwelling;
(b)
The number of rental units within the structure;
(c)
The name, residence address, mailing address, business telephone,
home telephone and date of birth of the owner;
(d)
The name, residence address, business address and business telephone
of the responsible person designated by the owner;
(e)
The date of registration of the rental dwelling;
(f)
The name of the person filing the registration;
(g)
Any additional information relating to habitable rooms as required
by the rules.
[Ord. No. 1577, 1-18-2012]
The owner of a rental unit shall furnish the name and twenty-four-hour
telephone contact information of the owner and the owner's responsible
agent, where applicable, annually to property owners and residents
of properties immediately adjacent (to the side and rear) and across
the street from the rental property.
[Added 4-18-2018 by Ord.
No. 1733]
In addition to other requirements of this Code, the owner of
a short-term rental shall agree to, and comply with, the following
conditions, and shall provide/maintain the following documents:
(a)
A short-term rental will not be approved at a property that
contains an accessory dwelling unit (ADU).
(b)
The contact information for the owner and/or local agent shall
be clearly displayed at the property and provided to all renters.
(e)
Documentation shall be provided from the owner's property insurance
company stating that the property and liability insurance allows for
and covers short-term rental use and claims from short-term rental
occupants.
(f)
Written confirmation that the property owner does not have an
ownership interest in more than one short-term rental unit in the
City of Holland.
(g)
Written confirmation that the owner of a short-term rental unit
shall include the certificate number in all advertisements.
(h)
For an owner-occupied short-term rental the owner shall provide
three documents showing that the dwelling unit is their primary residence,
such as:
(i)
For owner-occupied short-term rentals, the owner shall provide
written confirmation that they agree to rent one room of their dwelling
unit for 365 days per calendar year, and/or the entire dwelling unit
for a maximum of 60 days per calendar year.
(k)
For nonowner-occupied short-term rentals, the property owner
must designate a local agent. The owner shall provide the name, residence
address, business address and business telephone number of the designated
local agent. This local agent shall live within 35 miles from the
property and be available 24 hours a day, seven days a week to respond
to and mitigate any complaints regarding the short-term rental.
[Ord. No. 1341, 7-17-2002]
No registration fee shall be assessed to the owner of a rental dwelling by the City if registration complies with the provisions of this division. An administrative late charge as established by a resolution adopted by City Council per dwelling unit, boardinghouse, dormitory, or rooming house, shall be paid by the owner if registration of a rental dwelling does not comply with the provisions of this division. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code.
[Ord. No. 1341, 7-17-2002]
An owner who fails to provide correct or current registration
information shall be in violation of the provisions of this division.
[Ord. No. 1341, 7-17-2002; Ord. No. 1367, 8-20-2003; Ord. No. 1388, 6-2-2004; Ord.
No. 1503, 4-23-2008; 6-3-2015 by Ord. No. 1650; 4-18-2018 by Ord. No. 1733]
(a)
The enforcing officer may inspect buildings and structures to secure
the health, safety and welfare of the occupants and of the general
public and to obtain and maintain compliance with the standards of
this article. The enforcing officer may inspect residential rental
units, and short-term rentals, once every two years without first
receiving a complaint or without other cause, and, in addition, may
inspect buildings and structures under any of the following circumstances:
(1)
Upon receipt of a complaint from an owner or occupant that the
premises are in violation of this article.
(2)
Upon receipt of a report or a referral from the Police Department,
other public agency or department, or any individual indicating that
the premises are in violation of this article, which report or referral
is based on the personal knowledge of the person making the report
or referral.
(3)
If an exterior survey of the premises gives the enforcing officer
probable cause to believe that the premises are in violation of this
article.
(4)
Upon the enforcing officer's receipt of information that a rental
unit is not registered with the City as required by this article.
(6)
In order to determine compliance with a notice or a housing
order issued by the City.
(7)
If an emergency is observed or is reasonably believed to exist.
(8)
In accordance with requirements of law where a dwelling is to
be demolished by the City or where ownership is to be transferred
to the City.
(9)
Upon the request of an owner of a rental unit for an advisory
inspection. Such inspections shall be performed in accordance with
the provisions of Subsection (b) of this section.
(9.5)
All accessory dwelling units shall be inspected and certified in accordance with Section 14-4.34 as if they were rental units.
(10)
Prior to sale or transfer of any single-family dwelling or single
dwelling unit within a condominium, an inspection shall be conducted
in accordance with the rules as adopted by the City Council and a
certificate of compliance with all smoke detector requirements shall
be obtained.
a.
The property owner shall pay an inspection fee as adopted by
resolution of City Council. All fees shall be paid before a certificate
will be issued.
b.
A certificate is valid for three years from the date of issuance.
A new inspection and certificate shall not be required prior to a
transfer if a certificate was issued within three years prior to the
transfer of title.
c.
A certificate issued under this subsection shall only be evidence
of compliance with smoke detector requirements and shall not be evidence
of compliance with any other code requirements.
d.
For purposes of this subsection only, a sale or transfer does
not include a transfer:
e.
All major violations cited shall be corrected prior to transfer
of title.
f.
Failure to comply with this subsection shall be deemed a municipal
civil infraction by both the seller and buyer.
(11)
Prior to operation of a Type 1 or 2 home business (as defined in Chapter 39) approved under Chapter 39 of this Code, an inspection shall be conducted of the area of a dwelling to be used for the home business together with any areas in the dwelling to be used for ingress to and egress from the area used for the home business. Should the owner or occupant move the home business to a different location in the dwelling which has not been inspected under this subsection, the owner or occupant shall obtain a new inspection. Fees for the inspection shall be paid before the owner or occupant conducts the home business. All major violations cited shall be corrected prior to conducting the home business.
(b)
During the inspection, which shall be conducted in accordance with Section 14-4 of this article, the enforcing officer shall note any violations of this article or other provisions of this Code and shall issue a housing order notice of all violations to the responsible person in accordance with Section 14-4.2(a) and (b). The housing order shall direct the responsible person to correct violations within the time set forth in the notice. A reasonable time for correcting violations shall be determined by the enforcing officer in light of the nature of the violations and all relevant circumstances, but shall not exceed 30 days. Upon request by the responsible person, the enforcing officer may extend the time for correcting minor violations, if the enforcing officer deems such action appropriate under all relevant circumstances.
[Ord. No. 1407, 3-2-2005; Ord. No. 1577, 1-18-2012]
(a)
Prior to the sale of a dwelling unit in a new or rehabilitated
facility for which a Neighborhood Enterprise Zone certificate is in
effect, an inspection shall be made by the City to determine compliance
with the Housing Property Maintenance Code of the City of Holland
and a sale shall not be finalized until there is compliance with the
Housing Property Maintenance Code of the City of Holland.
(b)
The City shall be permitted to inspect the dwelling unit for
which a Neighborhood Enterprise Zone certificate is in effect and
shall issue a certificate of compliance if the Housing Property Maintenance
Code of the City of Holland has been met. The property owner shall
pay an inspection fee in an amount as determined by resolution of
the City Council. All fees shall be paid before a certificate will
be issued.
(c)
For purposes of this section, a sale or transfer does not include
a transfer:
(1)
After which the transferor retains an ownership interest in
the property;
(2)
The property is transferred to a trust for the benefit of the
transferor; or
(3)
The transfer is from a trust to beneficiaries of a trust or
estate without consideration.
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Notwithstanding the foregoing, a sale or transfer shall be deemed
to occur and this section shall apply if the property owner requires
a transfer or assignment of the Neighborhood Enterprise Zone certificate.
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[Ord. No. 1341, 7-17-2002; amended Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589]
(a)
The Department of Community and Neighborhood Services shall establish
a schedule of inspection fees, which shall not exceed the cost of
inspecting rental units. The Department of Community and Neighborhood
Services shall amend the fee schedule from time to time to reflect
changes in the cost of inspections. The initial fee schedule and all
amendments thereto shall not take effect until approved by a resolution
of the City Council.
(b)
The inspection fee shall be paid by the owner of the property, unless the inspection is based on a complaint filed by the owner for a major violation caused by the occupant, and the enforcing officer determines that such major violation does, in fact, exist. In such event, the inspection fee shall be paid by the occupant. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code.
(c)
If the enforcing officer determines that a complaint was filed without
a factual basis, the inspection fee shall be charged to the complainant.
(d)
An administrative late charge shall be paid to the City by the person obligated to pay an inspection fee if such fee is not paid within 30 days from the billing date. The amount of the administrative late fees shall be established by the Department of Community and Neighborhood Services and shall not take effect until approved by resolution of the City Council. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code.
[Ord. No. 1341, 7-17-2002; amended Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589]
(a)
A property owner shall not lease, rent or otherwise allow a rental unit to be occupied unless the Department of Community and Neighborhood Services has issued a rental certificate of compliance or a temporary rental certificate of compliance for such rental unit. Each rental certificate of compliance or temporary rental certificate of compliance shall contain an expiration date. 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.
(b)
A property owner shall not lease, rent or otherwise allow a rental unit to be occupied if the rental certificate of compliance or the temporary rental certificate of compliance for such unit has been denied, suspended, or has expired. 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.
(c)
A person shall not occupy a rental unit if the enforcing officer orders that it be vacated due to major violations of this article. 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.
(d)
The Department of Community and Neighborhood Services shall issue
a six-year rental certificate of compliance to the owner of a rental
unit that is determined to be in compliance with this article. Compliance
shall mean the following:
(1)
There are no violations existing at the time of the most recent
inspection;
(2)
The enforcing officer did not discover any violations at any
time since the prior rental certificate of compliance or temporary
rental certificate of compliance, if any, was issued;
(3)
The property owner has paid all inspection fees assessed against
the property.
(e)
A newly constructed rental unit may be issued a six-year rental certificate
of compliance from the date of initial certificate of occupancy.
(f)
At least 30 days before the expiration of a rental certificate of compliance, the Department of Community and Neighborhood Services shall notify the property owner, in writing, of the expiration date and advise the owner of the need to arrange for a compliance inspection. The property owner shall be responsible for arranging for a compliance inspection prior to the expiration date on the rental certificate of compliance. When a rental certificate of compliance is reissued in accordance with Section 14-4.36(b), it shall have a six-year or a three-year expiration date with the same month and day as shown on the previous rental certificate of compliance, regardless of the date that the new rental certificate of compliance is actually issued.
[Added 4-18-2018 by Ord.
No. 1733; amended 7-21-2021 by Ord. No. 1798]
(a)
A short-term rental unit shall only be issued a three-year rental
certificate of compliance.
(b)
A certificate of compliance for a short-term rental shall only
be issued under the following circumstances:
(2)
There have not been three or more public safety visits in 12 months, as described in Section 14-4.27.2;
(3)
There have not been four or more local ordinance violations in 12 months, as described in Section 14-4.27.2;
(4)
If it is an owner-occupied short-term rental, the owner agrees
to rent one room of their dwelling unit up to 365 days per year or
the entire dwelling unit for not more than 60 days per year;
(5)
The short-term rental unit is a permitted use under Chapter 39 - Unified Development Ordinance (UDO);
(6)
The short-term rental is not at a property that also has an
ADU;
(7)
The property owner does not have an ownership interest in more
than one short-term rental unit in the City of Holland;
(8)
The property owner maintains compliance with these regulations.
(c)
If the property owner wishes to maintain their property with
the benefit of both long-term and short-term occupants, they shall
be required to meet the additional requirements for short-term rentals,
as listed above.
[Ord. No. 1341, 7-17-2002; amended Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589]
(a)
When a rental certificate of compliance is required, the Department
of Community and Neighborhood Services may issue a temporary rental
certificate of compliance if all of the following circumstances exist:
(1)
The Department of Community and Neighborhood Services is unable
to complete an inspection of a rental unit to verify compliance with
this article prior to the expiration date of an existing rental certificate
of compliance.
(2)
The enforcing officer is not aware of any current major violations.
(3)
The property owner has paid all inspection fees assessed against
the property owner for all prior inspections of the premises.
(b)
The Department of Community and Neighborhood Services may issue a
temporary rental certificate of compliance for a newly registered
rental unit.
(c)
The Department of Community and Neighborhood Services may issue a
temporary rental certificate of compliance for a rental unit subject
to a housing order notice containing major violations if the property
owner is in the process of correcting such violations and can show
proof of same.
(d)
A temporary rental certificate of compliance shall be valid until
the enforcing officer completes an inspection and issues an order
granting or denying a rental certificate of compliance. Said inspection
shall be conducted within 60 days of the expiration date of a rental
certificate of compliance, within 60 days of the registration of a
new rental unit, or within 60 days of the issuance of a temporary
rental certificate of compliance.
[Ord. No. 1341, 7-17-2002; amended Ord. No. 1577, 1-18-2012; 8-1-2012 by Ord. No. 1589]
(a)
The Department of Community and Neighborhood Services may suspend a six-year or a three-year rental certificate of compliance for a rental unit if the responsible person fails to comply with a housing order notice issued under Section 14-4.32, or if the responsible person fails to pay any fee in accordance with Sections 14-4.33 and 14-4.37.
(b)
In such event, the enforcing officer may placard the property and order that it be vacated in accordance with the provisions of Section 14-4.1. The Department of Community and Neighborhood Services shall reinstate a suspended six-year or three-year rental certificate of compliance upon a determination that all violations are corrected and upon payment of the reinspection fees. The reinstated rental certificate of compliance shall be issued for a period of not more than three years from the date of the original certificate.
(c)
A rental certificate of compliance or a temporary rental certificate
of compliance shall expire on the date stated on the certificate.
Sixty days after such expiration date, no person shall occupy a rental
unit unless a new rental certificate of compliance has been issued.
A rental unit, which has not been previously certified, shall be deemed
to have an expiration date on the date the property owner is notified
to obtain certification for the rental unit.
(d)
If the Department of Community and Neighborhood Services suspends a six-year or a three-year rental certificate of compliance, or, if a six-year or a three-year rental certificate of compliance has expired, then the Department of Community and Neighborhood Services shall notify the occupant(s) of the suspension or expiration. The notice shall inform the occupant(s) that he or she may pay rent into a self-established escrow account until he or she vacates the unit, the rental certificate of compliance is reinstated or renewed, or a temporary rental certificate of compliance has been issued pursuant to Section 14-4.35, whichever occurs first. This subsection shall not apply if the property owner establishes that the suspension of the rental certificate of compliance is due to violations that were caused by the occupant(s) of the rental unit. Once the rental certificate of compliance is reinstated or a temporary rental certificate of compliance has been issued, the rent shall again become due and payable in accordance with the terms of the lease or other agreement between the property owner and the occupant(s) or as determined by a court of law.
(e)
The Department of Community and Neighborhood Services shall immediately
notify the owner and occupant(s) of any decision affecting the status
of a rental certificate of compliance and advise the owner and occupant(s)
of their right to appeal and the procedures therefor.
[Ord. No. 1341, 7-17-2002; Ord. No. 1381, 3-3-2004; Ord. No. 1577, 1-18-2012; amended 8-1-2012 by Ord. No. 1589; 9-17-2014 by Ord. No. 1638; 10-1-2014 by Ord. No. 1641]
(a)
No property owner shall lease, rent or otherwise allow a rental unit
to be occupied unless the Department of Community and Neighborhood
Services has issued an annual basic housing permit for such rental
unit.
(b)
The owner of a rental unit shall pay an annual permit fee for the issuance of an annual basic housing permit by the City of Holland. The annual permit fee shall be established and the rules adopted by the Department of Community and Neighborhood Services and approved by resolution of the City Council. The annual permit fee shall be paid on or before the 10th day of December of each year. The annual permit fee shall be paid to the City Treasurer. A violation of this subsection shall be a misdemeanor subject to the penalties under Section 1-10 of the Holland City Code.
(c)
An annual basic housing permit may be suspended by the Department of Community and Neighborhood Services or revoked by action of the City Council for violations of this Chapter 14. The procedure shall be the same as set forth in Sections 17-18 through 17-20 of this Code, as amended from time to time.
[Ord. No. 1341, 7-17-2002]
A violation of the provisions of Divisions 1 through 10 of this Article II shall be deemed a municipal civil infraction as defined under Chapter 2 of the Holland City Code, except where a violation is designated as a misdemeanor. A violation of this Article II shall also be a nuisance per se and subject to abatement as provided in Sections 1-10 through 1-10.2 or as otherwise provided in the Holland City Code. In addition to the fine and costs imposed for a violation of Divisions 1 through 10 of this Article II, the owner shall pay the administrative late charge prescribed in Section 14-4.33.
