[Code 1974, § 92-1; Ord. No. 2006-01, 5-23-2006; Ord. No. 2008-11, 8-1-2008; amended by Ord. No. 2020-02, 1-7-2020]
The International Property Maintenance Code, 2018 edition, as
published by the International Code Council, is hereby adopted by
reference with the Charter Township of Meridian amendments.
[Code 1974, § 92-3; Ord. No. 2006-01, 5-23-2006]
References in the International Property Maintenance Code to
"jurisdiction" shall mean the Charter Township of Meridian; and to
"chief appointing authority" shall mean the Meridian Township Supervisor.
[Ord. No. 2006-01, 5-23-2006; Ord. No. 2008-11, 8-1-2008; amended by Ord. No. 2020-02, 1-7-2020]
The International Property Maintenance Code adopted by § 14-56 is hereby changed, altered, deleted, or amended in the following respects, and all references to this section shall refer to the like numbered sections of the International Property Maintenance Code.
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Section 102.3 of the International Property Maintenance Code
is hereby amended by replacing International Building Code with Michigan
Building Code and Michigan Residential Code, International Mechanical
Code with Michigan Mechanical Code, ICC Electrical Code with Michigan
Electrical Code and International Zoning Code with Zoning Ordinance
of the Charter Township of Meridian.
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Section 102.7 of the International Property Maintenance Code
is hereby amended to read as follows:
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102.7 Referenced codes and standards.
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The codes and standards referenced are considered
part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of
this code and the referenced standards, the provisions of this code
shall apply.
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Sections 102.7.1 and 102.7.2 of the International Property Maintenance
Code are hereby deleted.
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Section 103 of the International Property Maintenance Code is
hereby amended to change the title of the section to Property Maintenance
Inspection.
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Section 103.1 of the International Property Maintenance Code
is hereby amended to read as follows:
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103.1 General.
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The administration and enforcement of this code
shall be the responsibility of the Director of Community Planning
and Development and for purpose of this code shall be known as the
code official.
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Section 103.2 of the International Property Maintenance Code
is hereby deleted .
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Section 103.3 of the International Property Maintenance Code
is hereby amended to read as follows:
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103.3 Deputies.
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The code official may delegate such responsibility
to the administration and enforcement of this code to the appropriate
Township employees or officers. Such officers shall have the authority
to enforce this code in accordance with the requirements and procedures
set forth.
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Section 103.4 of the International Property Maintenance Code
is hereby deleted.
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Section 103.5 of the International Property Maintenance Code
is hereby amended to read as follows:
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103.5 Fees.
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The fees for activities and services performed by
the department in carrying out its responsibilities under this code
shall be established by the Township Board.
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Section 104.3 of the International Property Maintenance Code
is hereby amended to read as follows:
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104.3 Right of entry.
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The code official is authorized to request entry
to a structure or premises at reasonable times to inspect. The inspection
shall be subject to constitutional restrictions on unreasonable searches
and seizures. If entry is refused or not obtained, the code official
is authorized to pursue recourse as provided by law.
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Section 106.3 of the International Property Maintenance Code
is hereby deleted.
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Section 106.4 of the International Property Maintenance Code
is hereby deleted.
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Section 107.1 of the International Property Maintenance Code
is hereby amended to read as follows:
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107.1 Notice to person responsible.
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Whenever the code official determines that there
has been a violation of this code or has grounds to believe that a
violation has occurred, notice shall be given in the manner prescribed
in Sections 107.2 and 107.3 to the person responsible for the violation
as specified in this code.
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Section 107.2.6 of the International Property Maintenance Code
is hereby deleted.
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Section 108 of the International Property Maintenance Code is
hereby deleted.
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Section 109 of the International Property Maintenance Code is
hereby deleted.
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Section 110 of the International Property Maintenance Code is
hereby deleted.
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Section 111.1 of the International Property Maintenance Code
is hereby amended to read as follows:
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111.1 Application for appeal.
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Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, as established by§ 14-27 of the Charter Township of Meridian Code of Ordinances and consistent with state law, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
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Section 111.2 and Subsections 111.2.1-111.2.5 of the International
Property Maintenance Code are hereby deleted .
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Section 111.3 of the International Property Maintenance Code
is hereby deleted.
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Section 111.4 and Subsection 111.4.1 of the International Property
Maintenance Code are hereby deleted.
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Section 111.5 of the International Property Maintenance Code
is hereby deleted.
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Section 111.6 and Subsections 111.6.1-111.6.2 of the International
Property Maintenance Code are hereby deleted.
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Section 111.7 of the International Property Maintenance Code
is hereby deleted.
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Section 111.8 of the International Property Maintenance Code
is hereby deleted.
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Section 112 of the International Property Maintenance Code is
hereby deleted.
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Section 201.3 of the International Property Maintenance Code
is hereby amended to read as follows:
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201.3 Terms defined in other codes.
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Words and phrases which are not defined in this
ordinance shall be construed according to the following, in order
listed: Charter Township of Meridian Zoning Ordinance, Michigan Building
Code, Michigan Residential Code, Michigan Rehabilitation Code for
Existing Buildings, Michigan Plumbing Code, Michigan Mechanical Code,
Michigan Electrical Code, and International Fire Code with Meridian
Township amendments. If not otherwise defined, such words and phrases
shall be construed consistent with the common and approved usage of
the language, and technical words, technical phrases and words and
phrases that have acquired peculiar but appropriate meaning in law
shall be construed according to such meanings.
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Section 201.4 of the International Property Maintenance Code
is hereby deleted.
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Section 302.4 of the International Property Maintenance Code
is hereby deleted.
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Section 302.8 of the International Property Maintenance Code
is hereby amended to read as follows:
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302.8 Motor vehicles.
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Except as provided for in other regulations, no
inoperative or unlicensed motor vehicle shall be parked, kept or stored
outside on any premises, and no vehicle shall be stored outside in
a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Spray painting of vehicles is prohibited unless
conducted inside an approved spray booth.
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Section 303 of the International Property Maintenance Code is
hereby deleted.
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Section 304.14 of the International Property Maintenance Code
is hereby amended to include the dates of March 31 to November 1.
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Section 305.3 of the International Property Maintenance Code
is hereby amended to read as follows:
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305.3 Interior surfaces.
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All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Excessive
peeling, chipping, flaking or abraded paint shall be repaired, removed
or covered. Excessive cracked or loose plaster, decayed wood, broken
windows and other defective surface conditions shall be corrected.
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Section 308.5 of the International Property Maintenance Code
is hereby amended to read as follows:
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308.5 Occupant.
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The occupant of any structure shall be responsible
for the continued pest-free condition of the structure.
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Exception: Where the infestation are caused by defects
in the structure, the owner shall be responsible for extermination.
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Section 401.3 of the International Property Maintenance Code
is hereby amended by replacing International Building Code with Michigan
Building Code and Michigan Residential Code.
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Section 404.5 of the International Property Maintenance Code
is hereby deleted.
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Section 404.6 of the International Property Maintenance Code
is hereby deleted.
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Section 505.1 of the International Property Maintenance Code
is hereby amended by replacing International Plumbing Code with Michigan
Plumbing Code.
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Section 602.2 of the International Property Maintenance Code
is hereby amended by replacing International Plumbing Code with Michigan
Plumbing Code.
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Section 602.3 of the International Property Maintenance Code
is hereby amended to include the dates of October 1 to April 30.
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Section 602.3.1 of the International Property Maintenance Code
is hereby amended by replacing International Plumbing Code with Michigan
Plumbing Code.
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Section 702.1 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 702.2 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 702.3 of the International Property Maintenance Code
is hereby amended by replacing International Building Code with Michigan
Building Code.
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Section 703.2 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.1 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.1.2 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.1.3 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.3 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.3.1 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.4.2 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments and replacing International
Building Code with Michigan Building Code.
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Section 704.4.3 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.5.1 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments.
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Section 704.6.4, Subsections 1, 2, and 3, of the International
Property Maintenance Code are hereby amended by replacing International
Fire Code with International Fire Code with Meridian Township amendments.
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Section 705.1 of the International Property Maintenance Code
is hereby amended by replacing International Fire Code with International
Fire Code with Meridian Township amendments and replacing International
Residential Code with Michigan Residential Code.
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Chapter 8 of the International Property Maintenance Code is
hereby deleted.
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Editor's Note: Section 4 of Ord. No. 2006-01, effective May 23, 2006, amended § 14-58 in its entirety to read as herein set out. Former § 14-58 pertained to changes in the Uniform Housing Code and derived from § 92-4 of the 1974 Code.
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[Code 1974, § 92-6.3; Ord. No. 2002-07, 8-20-2002; Ord. No. 2006-01, 5-23-2006; Ord.
No. 2008-11, 8-1-2008; Ord. No. 2011-02, 3-1-2011]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The person authorized by the Township to make building or
housing inspections.
The following codes and any codes in the Charter Township
of Meridian Code of Ordinances: State Construction Code, International
Property Maintenance Code, 2006 Edition, International Code Council
with Charter Township of Meridian amendments.
The area in a rental complex not within a tenant's private
rental unit. The term "common area" may include, but is not limited
to, hallways, basement areas, common exterior stairways, balconies
and space which contains mechanical, electrical or plumbing equipment.
Work done towards removing or rectifying a code violation,
while not completed, in the sole opinion of the inspecting Building
Official, substantial and substantive progress toward that end has
been made.
Any individual holding legal or equitable title to a property
or to real improvements upon a property solely, jointly, by the entireties,
in common, or as a land contract vendee or title to a mobile home
or house trailer. The term "owner" shall also mean any individual,
association of individuals, a public, private or not-for-profit corporation,
a firm or partnership. The term "owner" shall not mean a tenant.
A group of rental dwellings.
Any dwelling containing a rental unit, a rooming unit, or
hotel/motel unit, including single-family homes and mobile homes occupied
by a tenant or tenants.
Refers generally to all rental complexes, dwellings and units.
A particular living quarters within a dwelling intended for
occupancy by a person other than the owner and the family of the owner,
including mobile homes, single-family homes, apartments, hotel/motel
units, and rooming units.
A person residing in a rental dwelling or rental unit.
A writ issued by the Department of Community Planning and
Development building division, advising an owner, or his agent, of
a violation of this division. Violation notices shall list all infractions
and corrective measures necessary to comply with this division and
a time period within which corrections must be completed.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, §§ 92-6.1, 92-6.2; Ord. No. 2002-07, 8-20-2002]
(a)
Findings. The Township Board finds that dwellings or dwelling units
which are leased or rented to the public, when improperly maintained,
by reason of their structures, equipment, sanitation, use or occupancy,
may adversely affect the public health, safety and general welfare.
To correct unsuitable conditions which exist within rental properties
and to establish mechanisms for the continued maintenance of a sound
stock of rental housing within the Township, and to promote the public
health, safety and general welfare of its citizens, the Township Board
establishes these regulations which shall require the registration
of rental dwelling units and provide for enforcement of rental housing
standards.
(b)
Purpose. This division is intended to protect and promote the health,
safety and welfare of all the citizens of the Township by requiring
the registration of all rental dwelling units in the Township. This
registration, combined with regular inspections of common areas and
electrical, mechanical and plumbing installations, will help prevent
overcrowding and the incidence of communicable diseases, and will
aid in the enforcement of the minimum standards for light, ventilation,
and heat, for safety from fire and accidents; for the use, location
and amount of space for human occupancy; and for an adequate level
of maintenance.
[Code 1974, § 92-6.13; Ord. No. 2002-07, 8-20-2002]
(a)
Failure to comply with requirements of this division. Any person
or any others acting on behalf of such person violating or failing
to comply with any of the provisions of this division or who shall
hamper, impede or interfere with the performance of the duties of
any authorized Township official or agent of the official or other
officer under the provisions of this division is responsible for a
municipal civil infraction.
[Code 1974, § 92-6.4; Ord. No. 2002-07, 8-20-2002]
(a)
This division shall apply to all persons owning or exercising control
over any building or premises used for dwelling purposes, or which
subsequently may be constructed or so designated, which is in total
or in part, rented or leased, and which is located within the bounds
of the Township. An owner of any dwelling unit located within the
jurisdiction of the Township shall not rent to another any dwelling,
or dwelling unit, unless such dwelling, or dwelling unit, is registered
with the Township and is in compliance with all applicable federal,
state and local laws, rules, ordinances and regulations. Occupancy
of any dwelling by any person other than the owner of record shall
be presumed to require a rental registration.
(1)
Such presumption may be rebutted by evidence that the occupant
has ownership equity of 25% or more of the fee or life estate evidenced
by:
(2)
Occupants of any dwelling claiming any form of ownership in
accordance with a land contract, option to purchase, exchange contract,
or any other legal instrument shall provide proof that the transfer
of ownership is supported by a substantial equity interest in the
property by the person claiming ownership.
(b)
In a case where a provision of this division is found to be in conflict
with a provision of an ordinance or code of the Township applicable
to existing buildings, the provisions which establish the higher standard
for the protection of the public safety and health shall prevail.
[Ord. No. 2002-07, 8-20-2002]
Rental registration under this division is not required under
the following circumstances:
(1)
Family occupancy. Any member of a family, as defined by § 86-2 of this Code may occupy a dwelling as long as any other member of that family is the owner of the dwelling.
(2)
House-sitting. During the temporary absence of the owner and owner's
family of a domicile for a period not to exceed two years in any five-year
period, the owner may permit up to two unrelated individuals or a
family to occupy the premises without a rental registration by notifying
the Department of Community Planning and Development on a form provided
by the department of the address of the owner's temporary domicile,
the projected duration of the owner's absence, and the identity
of the unrelated individual or family who will occupy the premises
during the owner's absence.
(3)
One- and two-family dwelling sales. The sale of any one- or two-family
dwelling intended for occupancy by the owner or owners of record which
are to be occupied by the seller under a rental agreement for a period
of less than 90 days following closing is excepted from the provisions
of this division. The sale of any one- or two-family dwelling intended
for occupancy under a lease with option to purchase agreement, life
estate agreement or any other form of conditional sale agreement shall
require rental registration if legal or equitable ownership is not
transferred in its entirety within 90 days of execution of the conditional
sales agreement.
(4)
Exchange student, visiting clergy, medical caregiver, child care.
For an owner-occupied dwelling, additional occupancy by exchange students
placed through a recognized education exchange student program, one
visiting clergy or clerical aide to a local church or congregation,
or one person to provide child care or medically prescribed care is
excepted from the provisions of this division.
(5)
Estate representative. Occupancy by a personal representative, trustee,
or guardian of the estate and his family is excepted from the provisions
of this division, where the dwelling was owner-occupied for the last
year prior to the owner's death and the occupancy does not exceed
two years from the date of death of the owner, by notifying the Department
of Community Planning and Development on a form provided by the department
of the owner's name, date of death, and name of the person occupying
the premises.
[Code 1974, § 92-6.5; Ord. No. 2002-07, 8-20-2002]
All owners of rental property shall register with the Township
Department of Community Planning and Development each rental complex,
dwelling, and unit within the boundaries of the Township.
(1)
Initial registration requirements. The registration of any rental
property shall require at least the following information on forms
provided by the Township:
a.
The address of the rental property with each rental unit contained
therein enumerated. If the rental units are within a complex of buildings,
the property manager's address.
b.
If applicable, the number of buildings in the rental complex.
c.
The number of rental units per rental dwelling, the total number
of rooms per rental unit and the number of bedrooms per rental unit.
d.
A floor plan of the dwelling, showing the number, size, and location
of habitable and occupiable rooms in the rental unit, and the number,
size, and location of nonhabitable and nonoccupiable rooms in the
rental unit, as well as all exits, basement and attic egress windows,
and entryways to the unit. If the owner or the registered agent has
previously submitted a floor plan for the rental unit which is the
subject of the application, the application may incorporate by reference
the previously filed documents and certify that no material change
to the rental unit has taken place in the prior registration period.
e.
A site plan showing the boundaries of the property, the location
of all structures, the location, number and size of parking spaces
in conformance with this Code and the location and size of driveways.
The Department of Community Planning and Development may require submission
of a legal survey to establish the boundaries of the rental unit.
If the owner or the registered agent has previously submitted a site
plan for the rental unit which is the subject of the application,
the application may incorporate by reference the previously filed
documents and certify that no material change to the rental unit has
taken place in the prior registration period.
f.
The owner's name, driver's license or state identification
number (or in the case of a corporation, the corporate ID number),
address and telephone number and the location where he shall receive
correspondence from the Township and where he may be reached in cases
of emergency.
g.
The name, driver's license or state identification number (or
in the case of a corporation, the corporate ID number), address and
telephone number of the registered agent or other responsible person
designated by the owner to receive official notices, legal processes,
tenant concerns and correspondence from the Township.
h.
The applicant shall sign the registration attesting to the truth
and accuracy of its contents.
i.
Payment of all applicable fees as published in the Township schedule
of fees.
(2)
Renewal registration requirements. An application for the renewal
of a rental registration shall contain the same information as an
initial application, except that:
(3)
Application acceptance. A rental registration application shall not
be accepted by the Department of Community Planning and Development
unless it meets all requirements of this division, is accompanied
by the required rental registration fee, is accompanied by the documents
required by this division, and is accompanied by any delinquent Township
fees and charges due and payable to the Township in conjunction with
the property to be registered. The Department of Community Planning
and Development, within 30 days of receipt, shall notify the applicant
of any deficiencies of the application which prevents its acceptance.
(4)
Acknowledgment of acceptance. An application is not considered accepted
by the Department of Community Planning and Development until the
department does one or more of the following:
(6)
Owner's affidavit and agreement to permit inspections. Included
with the initial and renewal registration application shall be an
affidavit and agreement, signed by the property owner, permitting
inspections of their properties by officials of the Township, agreeing
to make good-faith efforts to obtain lessee consent in all future
inspections, and affirming that all tenants of the subject properties
have been informed of the regulations contained in this division and
of inspections of the properties by Building Officials. A copy of
the affidavit shall be provided to all tenants.
[Amended 5-1-2018 by Ord.
No. 2018-05]
(7)
Additional requirements. The Director of Community Planning and Development
may with written notice require additional information of any or all
registrants in order to reasonably further the purposes of this division.
[Code 1974, § 92-6.6; Ord. No. 2002-07, 8-20-2002; amended 5-1-2018 by Ord. No.
2018-05]
(a)
Initial rental registration inspections. Within 60 days following
the acceptance of an application for an initial rental registration,
the proposed rental unit shall have an inspection for compliance with
the requirements of the building, plumbing, mechanical, electrical,
and fire safety codes as adopted and amended by the Township.
(b)
Scheduled common area and unit inspections. The common areas of all
rental complexes shall be inspected each year. All structures containing
not more than eight rental units and each unit contained in those
structures shall be inspected annually. All structures having more
than eight rental units shall have at least 1/3 of the rental units
contained in those structures inspected annually.
(c)
Unscheduled inspections. Any rental property, even though not previously scheduled for inspection, may be inspected at any time without prior notice if the Chief Building Inspector has probable cause to believe that a condition in, or related to, that rental property constitutes either a present threat to public health, safety and welfare or a violation of any code. All unscheduled inspections shall be made subject to Subsection (d) or upon the conditions set forth in Subsection (e)(3), (6) and (7).
(d)
Court orders. If any owner, tenant or other person in charge of any
rental property or dwelling unit fails or refuses to permit or prevents
free access and entry to the structure or premises under his control
or any part thereof when an inspection authorized by this section
is sought to be made, the Chief Building Inspector may petition for
and, upon such showing as is required by law, obtain an order from
a court of competent jurisdiction an administrative warrant directing
compliance with the inspection requirements of this division and such
other directives and remedies as the court deems appropriate under
the circumstances.
(e)
All scheduled inspections identified in this section shall be undergone
in the following manner:
(1)
Annual renewal inspection schedule. A schedule of potential
inspections of all rental properties shall be prepared by the Department
of Community Planning and Development and made available for review
by the public at the Department of Community Planning and Development,
and a proposed date for the potential inspection of an owner's
rental property shall be provided to the owner and tenant at least
30 days prior to the inspection date. This schedule and notice shall
not create a responsibility for the Township to inspect the property.
A list of inspection guidelines, prepared by the Department of Community
Planning and Development, shall be given to all owners at the time
of registering a rental property.
(2)
Absent the mutual agreement of the Chief Building Inspector
and the owner, tenant or other person in charge of the premises to
be inspected, inspections made pursuant to this subsection shall be
conducted only between the hours of 8:00 a.m. and 6:00 p.m. Monday
through Friday.
(3)
Except as provided in Subsection (e)(5), (6) or (7) below, the
Department of Community Planning and Development or its respective
agent must request and receive consent from the lessee to enter a
unit and perform an inspection. Notifying at least one lessee and
obtaining the consent of at least one lessee satisfies the requirements
of this subsection.
(4)
Upon notification of an inspection from the Department of Community
Planning and Development, the owner shall notify the lessee of the
Department of Community Planning and Development's request to
inspect, and shall make a good faith effort to obtain the lessee's
consent for the inspection.
(5)
Common area access. The owner shall provide access to common
areas and other areas open to the public without needing to obtain
any lessee consent.
(6)
Owner provided access. The owner shall provide the inspector
access to each rental unit upon a properly notified and requested
inspection if any of the following apply:
a.
The lease authorizes an enforcing agency inspector to enter
the unit for an inspection.
b.
The lessee has made a complaint to the Township.
c.
The unit is vacant.
d.
The inspector serves an administrative warrant, obtained pursuant to Subsection (d) of this section, ordering the owner to provide access to the unit.
e.
If, upon inspection, a lessee is not present, the inspector
may rely upon the owner's representation that the lessee has
consented to the inspection.
(7)
Lessee provided access. The lessee shall provide the inspector
access to the unit upon a properly notified and requested inspection
if any of the following apply:
a.
The lease authorizes an enforcing agency inspector to enter
the unit for an inspection.
b.
The lessee made a complaint to the Township.
c.
The inspector or other agent of the Township serves an administrative warrant, obtained pursuant to Subsection (d) of this section, ordering the owner to provide access to the unit.
d.
The lessee has given consent.
[Code 1974, § 92-6.7; Ord. No. 2002-07, 8-20-2002]
(a)
Registration, expiration and re-registration. Rental properties shall be registered annually at least 30 days before the expiration date assigned by the Township, following the same requirements set forth in § 14-86(1). The Township may extend registration periods beyond 12 months in order to stagger expiration dates.
(b)
Waiver of inspection and reduction of fees. An owner may apply for
a waiver from inspection and a 50% reduction in the following year's
registration fee, as set forth in the schedule of fees, by supplying
the Township with a certified copy of a completed inspection by an
agency of the federal or state government and an affidavit affirming
the correction of all violations found by the inspecting agency. The
request must be made within 60 days after the inspection by another
agency and at least 20 days before the scheduled inspection by the
Township. The Chief Building Inspector shall determine whether the
inspection is a qualified substitute for a Township inspection.
(c)
Owner inspections. Rental property owners should conduct their own
periodic inspections and should correct potential code violations
at all times. The Department of Community Planning and Development
will endeavor to consult with owners and advise them of proper methods
and materials to correct violations and ways to avoid potential future
problems and violations.
[Code 1974, § 92-6.8; Ord. No. 2002-07, 8-20-2002]
(a)
Violations not imminently dangerous. Upon inspection by the Chief
Building Inspector, if a violation of any code is discovered, but
the violation is deemed by the Chief Building Inspector not to be
imminently dangerous to life or limb, a violation notice shall be
issued to the owner in accordance with § 107 of the International
Property Maintenance Code. The owner shall be advised of the time
period to correct the violation.
(b)
Reinspection and fees. Reinspection of a property shall occur on
the date specified on the violation notice, or sooner if requested
by the owner and Township scheduling permits such inspection. A fee,
as published in the schedule of fees, shall be charged for each reinspection.
A reinspection may be waived as determined by the Chief Building Inspector
if the owner or registered agent has provided written notification
and supporting documentation to the Department of Community Planning
and Development that all corrections have been made within the specified
time period.
(c)
Schedules. Time schedules for the correction of violations shall
be reasonable as determined by the Township Chief Building Inspector.
(d)
New violation notice. If a violation is not corrected upon the expiration
of the allowed time, as identified in the violation notice, but a
good faith effort has been made to correct the violation, the Chief
Building Inspector may provide a revised compliance date. If new violations
are found at the same premises, a new notice shall be issued with
an appropriate date before which corrections must be completed.
[Code 1974, §§ 92-6.9, 92-6.10; Ord. No. 2002-07, 8-20-2002]
(a)
Notice to appear. If no effort has been made to correct a violation
within the time allotted for its correction, the Chief Building Inspector
may issue an appearance ticket for such violation and may order the
building vacated in accordance with § 108 of the International
Property Maintenance Code.
(b)
Violations that threaten life, limb, or property. If upon inspection
of rental property the Building Official determines that a violation
is of such a serious nature so as to immediately threaten the life,
limb, health, property, safety or welfare of the public or the occupants
thereof, the Chief Building Inspector shall demand that the violation
be corrected immediately and/or the building be vacated immediately
in accordance with §§ 107, 108 and 109 of the International
Property Maintenance Code.
(c)
Undue hardships. If, in the opinion of the Chief Building Inspector, the vacating of the building would cause undue hardship upon its tenants, but the conditions of the premises are as described in subsection (b) of this section, the Chief Building Inspector may correct, or cause to be corrected, the conditions which are deemed imminently dangerous to life and limb, and charge to the owner the costs thereof in accordance with § 109 of International Property Maintenance Code.
[Code 1974, § 92-6.11; Ord. No. 2002-07, 8-20-2002]
(a)
Registration and fees. The purchaser shall cause a registration under
this division to be transferred upon the sale of a rental property.
The new owner shall sign all appropriate agreements and affidavits
for registration and shall complete a new registration application.
All the above shall be provided to the Township by the new owner or
the real estate closing institution within 30 days of closing the
sale. There is no fee for transferring registration.
(b)
Existing violations. If a rental property subject to sale has outstanding
violations, all violations shall be corrected and a reinspection shall
be required before a registration is transferred. The owner shall
advise the purchaser of any outstanding violations before closing
the sale.
(c)
Change of status. If the subject property is not to be used as rental
property after a sale is transacted and a statement and affidavit
to this effect is provided to the Township, no inspection or transfer
is required.
[Code 1974, § 92-6.12; Ord. No. 2002-07, 8-20-2002]
(a)
Building permits. Rental property owners shall procure the appropriate
building permits from the Township or state for all construction work
required by the Department of Community Planning and Development to
correct violations.
(b)
Notifications. When there is noncompliance with any code, owners
and their registered agents, as listed in the applications for registration
of rental properties, shall be notified and the properties posted
in accordance with § 107 of the International Property Maintenance
Code. Owners shall be informed of their appeal rights. Tenants or
occupants of a subject rental property shall be notified of their
dwelling's conditions and provided information regarding their
rights.
(c)
Fees. Rental property owners shall be required to pay a fee for registration
and for any reinspection performed as a result of any violation. Fees
shall be paid at the time of registration or reinspection, as applicable.
The Township Board shall determine and publish a schedule of fees
as needed.
(d)
Notice and orders. All notices and orders of the Department of Community
Planning and Development shall be in accordance with § 107
of the International Property Maintenance Code.
