[Adopted 8-13-2013 by Ord. No. 318]
For the health and safety of tenants and for the welfare of
the public, the Village of New Haven recognizes the need for an organized
inspection and registration program for residential rental units located
within the Village in order to ensure that rental units meet all applicable
building, existing structures, fire, health, safety, and zoning codes.
The Village hereby finds that the most efficient system to achieve
such objectives is a program requiring the registration and inspection
of residential rental units within the Village.
As used herein, the following terms and words shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended.
DWELLING UNIT
A building, mobile home, or portion thereof, designed for
occupancy for residential purposes and having cooking facilities and
sanitary facilities, except:
A.
Places of public accommodation such as a hotel, motel, or bed-and-breakfast
establishments;
B.
Units required to be occupied by an employee or agent of an
owner as a condition of employment (i.e., parsonages);
C.
Any dwellings, dwelling units or mobile homes, which the state
has exclusive authority under state law to inspect and regulate;
D.
The principal residence of the owner, which is temporarily occupied
by a person(s) other than the owner for not more than two years;
E.
The dwelling of a surviving spouse who is living in a home which
is owned by the deceased spouse's heirs, estate or trust;
F.
A dwelling in which a parent, child, brother, or sister of an
owner is living;
G.
Dwellings in a dormitory operated by an institution of higher
education; and
H.
Dwelling units in which an owner of such unit resides unless
the nonowner occupant(s) of such dwelling unit pays rent or makes
other compensation to the owner for occupancy of the dwelling unit.
LANDLORD
Any person who owns or controls a dwelling, dwelling unit,
or rental unit and rents such unit, either personally or through a
designated agent, to any person.
OWNER
The legal title holder of a rental unit or the premises within
which the rental unit is Village of New Haven situated.
OWNER-OCCUPIED RENTAL UNIT
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located.
PERSON
Any natural individual, firm, partnership, association, joint
stock company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
RENTAL UNIT
Any dwelling unit or residential structure containing sleeping
units, including but not limited to apartments, boarding houses, or
sleeping rooms, which is leased or rented from the owner or other
person in control of such units, to any tenant, whether by day, week,
month, year or any other term.
RESPONSIBLE LOCAL AGENT
A natural person having his or her place of residence in
the State of Michigan and designated by the property owner as the
agent responsible for operating such property in compliance with the
ordinances adopted by the Village.
TENANT
Any individual who has the temporary use and occupancy of
real property owned by another person in subordination to that other
person's title and with that other person's consent; for
example, a person who rents or leases a dwelling, dwelling unit, or
rental unit from a landlord.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Village to be occupied, unless all of the following
requirements have first been met:
A. The owner of the rental unit shall have registered the rental unit with the Building Official and Zoning Department of the Village by completing and filing a current registration form with the Building Official and Zoning Department, as provided in §
408-4.
B. An inspection shall have been completed to the satisfaction of the
Building Official and Zoning Department.
C. A valid certificate of compliance shall have been issued by the Building
Official and Zoning Department.
D. All fees charged by the Village for the registration and inspection
of the rental unit shall be paid in full.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Village to be occupied without first registering the
rental unit with the Building Official and Zoning Department and designating
a responsible local agent.
A. Registration forms. Registration shall be made upon forms furnished
by the Building Official and Zoning Department and shall require all
of the following information:
(1) The street address of the rental unit(s);
(2) The number and types of rental units within the rental property;
(3) Name, business and residence address, telephone number, and, where
applicable, an e-mail address, mobile telephone number, and facsimile
number of all property owners of the rental unit(s);
(4) Name, residence address, telephone number, and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5) The maximum number of occupants proposed for each rental unit;
(6) The name, address, telephone number, and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to order repairs or services for the property if different
than the owner or responsible local agent, if in violation of Village
or state codes, if the person is other than the owner or the responsible
local agent; and
(7) Information relating to the size of all habitable rooms.
B. Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit,
or fail to provide the information required for such registration.
The registration form shall be signed by the properly owner(s) or
the designated responsible local agent. Where the owner is not a natural
person, the owner information shall be that of the President, general
manager or other chief executive of the organization.
C. Change in registration information or transfer of property. Except
for a change in the registered local agent, the property owner of
a rental unit registered with the Village shall re-register within
30 calendar days after any change occurs in the registration information.
If the property is transferred to a new owner, the new property owner
of a registered rental unit shall re-register the rental unit within
30 calendar days following the transfer of the property. Property
owners shall notify the Building Official and Zoning Department of
any change in the designation of the registered local agent, including
a change in name, address, e-mail address, telephone number, mobile
telephone number or facsimile number of the designated registered
local agent within 30 business days of the change. If a transfer of
ownership occurs and there is a current certificate of compliance
on file, then the new owner will only have to pay the registration
fee upon the expiration of the current registration. It will still
be required that the new owner fill out a new registration form.
D. Responsible local agent. The designated responsible local agent shall
be responsible for all of the following:
(1) Operating the registered rental unit in compliance with all applicable
Village ordinances;
(2) Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
Village ordinances, except where the tenant has refused entry;
(3) Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4) Accepting all legal notices or services of process with respect to
the rental unit.
No person shall own, operate, lease, rent, occupy, or otherwise
allow a rental unit within the Village to be occupied unless there
is a valid certificate of compliance or temporary certificate issued
by the Building Official and Zoning Department for the rental unit.
A certificate of compliance shall be issued for each building containing
a rental unit.
A. Requirements. A certificate of compliance shall be issued only after
all of the following requirements have been satisfactorily completed.
(1) Registration of the rental unit with the Building Official and Zoning
Department;
(2) Designation of the responsible local agent;
(3) Payment in full of any and all required fees for registration and
inspection fees; and
(4) Inspection by the Building Official and Zoning Department resulting
in a determination that the rental unit and the property complies
with all Village ordinances and state law.
B. Temporary certificates.
(1) Temporary certificates of compliance for up to three years may be
issued without prior inspection by the Building Official and Zoning
Department for those occupied rental units existing as of February
19, 2007. Such temporary certificates of compliance may be issued
as of the effective date of the initial registration following February
19, 2007, to allow property owners to operate such rental units until
such time as an inspection may be made by the Building Official and
Zoning Department. At such time as an inspection is made and the Building
Official and Zoning Department has determined that provisions of this
article have been complied with, the temporary certificate shall expire.
(2) When a rental certificate of compliance is required, the Building
Official and Zoning Department may issue a temporary rental certificate
of compliance if all of the following circumstances exist:
(a)
The Building Official and Zoning Department is unable to complete
an inspection of a rental unit to verify compliance with this article.
(b)
The enforcing officer is not aware of any current major violations.
(c)
The property owner has paid the annual registration fee and
the inspection fees assessed against the property owner.
(3) The Building Official and Zoning Department may issue a temporary
rental certificate of compliance for a newly registered rental unit.
(4) The Building Official and Zoning Department may issue a temporary
rental certificate of compliance for a rental unit subject to a housing
order notice containing major or minor violations if the property
owner is in the process of correcting such violations and can show
proof of same.
(5) Except as otherwise provided, 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.
A temporary rental certificate of compliance may also be revoked by
the Building Official if the property owner refuses to schedule and/or
permit an inspection after having been given a fourteen-day notice
that an inspection must be scheduled, unless the tenant has refused
access to the Building Official.
The annual registration fee shall be $15 per dwelling unit.
The annual registration fee shall be owing as of June 1 of each year
and/or at the time that a dwelling unit is first rented. Property
owners who have dwelling units which are being rented at the time
of this article or who are seeking to renew the annual registrations
shall be billed at least 30 days prior to the due date of the annual
registration fee. The annual registration fee shall not be prorated
for any partial rental year. In addition to the annual registration
fee, a rental inspection fee shall be charged. The rental inspection
fee for the certificate of compliance shall be $60 for the first dwelling
unit and $30 for each additional dwelling unit on the premises. The
rental inspection fee shall be due at the time that a property owner
is required to apply for a certificate of compliance and also at the
time that a property owner is required to apply for a renewal of a
certificate of compliance. The rental inspection fee shall be owing
in accordance with the following:
A. For one reinspection following the initial inspection or the initial
notice of deficiency, no additional fee shall be owing.
B. If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
C. If an inspection is initiated by a complaint and if a violation is
found to exist, a fee of $35 shall be owing.
D. For the second additional inspection following the initial inspection
and notice of deficiency, an additional fee of $100 shall be owing;
and
E. For all inspections after the second additional inspection and notice
of deficiency, an additional fee of $200 per inspection shall be owing.
All rental inspection fees shall be paid within 30 days of billing.
If the rental inspection fees are not paid within such time period,
then at the option of the Village, the certificate of compliance shall
be suspended, and the dwelling unit for which the rental inspection
fee is not paid is to be vacated by the tenant(s).
All records, files and documents pertaining to the rental registration
and inspection ordinance shall be maintained by the Building Official
and Zoning Department and made available to the public as allowed
or required by state law.
The Village shall have the right to obtain an order of mandamus
and/or an injunction so as to enforce the terms and conditions of
this article. All remedies which are provided by this article shall
be cumulative.