[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 5-18-2015 by Ord. No. 15-006. Amendments noted where applicable.]
Municipal civil infractions — See Ch. 85.
Blight — See Ch. 210.
Construction codes and regulations — See Ch. 275.
Property maintenance — See Ch. 525.
Rental properties — See Ch. 550.
Building code in Home Rule cities — See MCLA § 117.3.
State Housing Code — See MCLA § 125.401 et seq.
Municipal housing commission adoption, promulgation and publication of rules — See MCLA § 125.694b.
Acquisition and maintenance of housing projects — See MCLA § 125.731 et seq.
Neighborhood area improvements — See MCLA § 125.941 et seq.
State Construction Code — See MCLA § 125.1501 et seq.
Repairs — See MCLA § 125.471.
Neighborhood Enterprise Zone Act — See MCLA § 207.771 et seq.
Electrical Administrative Act — See MCLA § 338.881 et seq.
The purpose of this chapter is to improve the livability of City of Monroe neighborhoods and to further the maintenance, preservation, improvement and development of housing for all persons regardless of income level by bringing them into conformity with minimum standards of the International Property Maintenance Code as adopted by the City of Monroe (Chapter 525, Property Maintenance) and City of Monroe Blight Ordinance (Chapter 210, Blight). This effort will be accomplished though a "point of sale" inspection and certification process hereby known as the "residential dwelling certification program."
As used in this chapter, the following terms shall have the following meanings respectively ascribed to them in this section:
- BUILDING OFFICIAL
- The Building Official of the City of Monroe Building Department or a person designated by the Building Department.
- CERTIFICATE OF COMPLIANCE
- A certificate issued by the Building Official or designated enforcement officer which certifies that based on a limited visual inspection, the residential dwelling and premises meets minimum standards in the International Property Maintenance Code and the premises is approved for sale.
- DESIGNATED ENFORCEMENT OFFICER
- A code enforcement inspector who is designated by the Building Official to conduct property maintenance inspections.
- OCCUPANT OR OCCUPANTS
- Includes known persons, tenants, and lessees residing within a residential dwelling or rental unit.
- Any person, agent, firm or corporation having a legal or equitable interest in the premises, or acting on behalf of a holder of a legal or equitable interest.
- The person or persons who meet the definition as an owner and also occupy the property at the time of the specific action being identified.
- Any lot or piece of land inclusive of the residential dwelling or rental unit(s) located thereon, including site condominiums and membership in a housing cooperative.
- REGISTERED PRIVATE INSPECTOR
- Any person, agent, firm or corporation that meets the minimum qualifications and is registered with the City, which shall be authorized to conduct the required inspections to satisfy the requirements of this chapter.
- RESIDENTIAL DWELLING (UNIT)
- A building or portion thereof designed for occupancy by one or more persons for residential purposes, including a unit represented by membership in a housing cooperative. In the case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter.
This chapter shall apply to the sale, conveyance or transfer for consideration (including an exchange of property) by deed or land contract of a legal or equitable interest in a residential dwelling (unit) within the jurisdiction of the City.
On or after the effective date of this chapter, no residential dwelling or unit shall be sold unless the owner of such dwelling or unit has obtained a certificate of compliance therefor from the City of Monroe.
The administration of this chapter shall be the responsibility of the Building Official, or his or her designee(s).
It shall be unlawful to sell, convey or transfer for consideration an ownership interest, or act as a broker or agent for the sale, conveyance or transfer for consideration of an ownership interest, in any residential dwelling or unit unless and until a valid certificate of compliance is first issued, or a valid certificate issued within the preceding three years is provided by the seller.
Prior to the issuance of a certificate of compliance, an owner or person seeking to sell, convey or transfer for consideration an ownership interest in a residential dwelling or unit shall first make application for such certificate, arrange for inspection of the premises, and pay the application fee as set forth by resolution of City Council, which fee shall be paid to the Building Department.
Inspection of the premises shall be conducted by the designated enforcement officer or a registered private inspector in a manner consistent with the International Property Maintenance Code (Chapter 525, Property Maintenance) and guidelines promulgated by the Building Official. Prior to an inspection conducted by the City, the owner or person seeking to sell, convey or transfer for consideration an ownership interest in a residential dwelling or unit shall pay an inspection fee as set forth by resolution of City Council, which fee shall be paid to the Building Department.
Registered private inspector. The City shall maintain a list of registered private inspectors that meet the minimum qualifications described below, who shall be authorized to conduct the required inspection to satisfy the requirements of this chapter.
Minimum qualifications. In order to perform inspections to satisfy the requirements of this chapter, a registered private inspector shall maintain the following credentials:
Licensed residential builder under Public Act 299 of 1980 or registered inspector under Public Act 54 of 1986;
Membership in a recognized national or state home inspectors professional association;
Possess professional liability insurance in the same name as the above license or registration; and
Any other minimum qualifications required by state law to perform private housing inspections.
Registration. In order to be included on the list of registered private inspectors, the inspector shall first make application to the Building Department, provide current documentation of the minimum qualifications, and pay a registration fee set forth by resolution of the City Council.
Report. If a registered private inspector is utilized to complete the required inspection, the inspector shall provide the Building Department with a written report on a form approved or provided by the Building Department that addresses the inspection standards described below. The Building Department may accept the report, request additional information, or reject the report based upon its completeness and adherence to the inspection standards.
Disqualification. If the City documents an incident where a registered private inspector has intentionally falsified an inspection report, repeated incidents where the information provided in inspection reports is incomplete or inaccurate, or if the inspector fails to maintain the required credentials, the City may disqualify an inspector and remove him or her from the list of approved inspectors.
Inspection standards. The standard for such inspection shall be the minimum necessary to prevent the spread of residential blight, to safeguard life or limb, health, property and public welfare as set forth in the current International Property Maintenance Code (IPMC) (Chapter 525, Property Maintenance), as adopted by the City, and the Blight Ordinance (Chapter 210, Blight) of the City.
Additional inspection criteria.
Sewer connections. The premises shall conform to the Sewer Ordinance of the City of Monroe (Chapter 570, Sewers), specifically Articles I, Regulations and Rate Schedule, III, General Sewer Use Requirements, XVI, Building Sewer and Connections, and XVII, Unsanitary Deposits and Discharge to Natural Outlets.
Water connections. The premises shall conform to the Water Ordinance of the City of Monroe (Chapter 699, Water); specifically Article I, Water Service.
Hard surface driveway. Premises that have an existing driveway shall maintain or cause said driveway to be constructed of a hard surface and extend from the street or alley, across the approach within the public right-of-way, and onto the private property.
Said driveway shall be no less than eight feet in width and be constructed of a hard surface (concrete, asphalt, brick pavers, or equivalent).
Said driveway shall extend to point where a hard surface parking pad may be installed, and, where practical, accommodate two parking spaces per dwelling unit served.
The Building Official may reduce the minimum size or approve an alternate access or configuration where it is impractical to improve an existing driveway.
This subsection shall not apply to any premises wherein entry to the driveway is from a dirt or gravel road.
After inspection of the subject premises, the Building Official or designated enforcement officer shall issue a certificate of compliance if the premises met the standards set forth in § 554-8, Inspection, which certificate shall be valid for a period of three years from the date of issuance, or one subsequent property transfer, whichever occurs first.
If, in the opinion of the Building Official, the premises does not meet the standards set forth in § 554-8, Inspection, the Building Official or designated enforcement officer shall issue a written report listing the deficiencies. Upon proof being shown the Building Official or designated enforcement officer that the deficiencies have been corrected, the Building Official or designated enforcement officer shall issue a certificate of compliance.
For inspections conducted by a registered private inspector, it shall be the responsibility of the registered private inspector to identify the deficiencies in writing, conduct any necessary follow-up inspections, and certify that any deficiencies have been corrected. The registered private inspector shall certify that the premises meets the standards set forth in § 554-8, Inspection, on a form provided by the Building Department.
For any corrections requiring a permit under the Michigan Building, Electrical, Mechanical, Plumbing and Residential Codes, the City of Monroe Zoning Code, or other applicable Codes, the designated enforcement officer or registered private inspector shall advise the owner of the requirement to obtain permits prior to commencing work.
If, after good cause shown by the seller, the correction of deficiencies cannot be readily accomplished prior to the sale of the premises, the Building Official may issue a conditional certificate of compliance, conditioned upon the documented deficiencies being corrected within a period of time to be determined by the Building Official or his or her designee, and conditioned upon an agreement as to whether purchaser or seller shall be responsible for the repairs.
The agreement shall be in written form, properly executed by purchaser and seller, and shall include a description of the work to be done, and the time within which the work shall be completed.
The Building Official may require a cash deposit, escrow account or surety bond commensurate with the estimated cost to correct the deficiencies, in order to ensure the deficiencies are corrected in a timely manner.
The certificate of compliance issued hereunder shall contain the name of the owner, the address(es) of the premises, the tax identification number of the premises, the name of the purchaser or other transferee, and substantially the following information:
The above described premises have been inspected by personnel of the Building Department of the City of Monroe. The inspection was completed on the ____ day of __________.
Approval is hereby given for the sale or other transfer of ownership interest of the above-described premises.
The standards used for inspection are those contained in the current International Property Maintenance Code. The issuance of a certificate of compliance hereunder does not assure, guarantee, warrant, or assert that the subject premises comply with all codes and ordinances of the City of Monroe, nor that the dwelling is safe for habitation. The information contained herein is based upon a limited inspection. This document does not constitute a warranty of any kind, and covers no hidden defects, unless so stated.
In the event that the Building Official or the designated enforcement officer is unable to issue a certificate of compliance after the initial inspection and one follow-up inspection, or review of the registered private inspector's report, an additional reinspection/rereview fee may be charged to cover the expense of necessary subsequent inspections or reviews. The reinspection /rereview fee shall be set forth by resolution of City Council, which fee shall be paid to the Building Department.
In the event that repairs and renovations for deficiencies discovered by inspection are not made within the time allowed for such repairs or renovations, a notice of violation shall be issued in accordance with § 554-16, Violations.
The provisions of this chapter shall not apply to a sale or transfer where the seller or transferor and the purchaser or transferee have signed a purchase agreement prior to the effective date of this chapter.
A newly constructed residential dwelling may be sold for a period of three years from the date of issuance of a certificate of occupancy without the necessity of a certificate of compliance as provided for in this chapter.
A residential dwelling that is fully compliant with the provisions of Chapter 550, Rental Properties, within which all units have a current and valid certificate of compliance may be exempted from the requirements of § 554-8, Inspection, if the seller can document that the condition of the dwelling units is substantially the same as when the last inspection was conducted.
Notice of violation. Whenever the Building Official or designated enforcement officer determines that there has been a violation of any other provision of this chapter, he or she shall give notice of such alleged violation and orders for correction of the violation as hereinafter provided. Such notice shall:
Specify the date of the inspection if an inspection was completed;
Specify the address where the violation was found;
Include the name of the owner of record in the City Assessor's office database;
Include a description of each violation observed during the inspection;
Specify a time limit for the performance of any act it requires;
Notify the owner or responsible local agent, as the case may require, of his or her right to appeal from the notice or order to the Construction Board of Appeals;
Be served upon the owner or the responsible local agent. Notice shall be deemed to be properly served if a copy thereof is served personally or if a copy thereof is sent by first-class mail to the last known address. Notice given to the responsible local agent is deemed notice given to the owner. A copy of the notice shall be posted on the property which is the subject of the notice; and
Order the premises to be vacated within a time to be set by the Building Official or designated enforcement officer, the length of which shall be determined by the extent of the danger to the occupants, but in no case to exceed 90 days, or alternatively:
Order correction of all violations within a time period not to exceed 60 days;
State that a reinspection will be made to determine whether all violations have been corrected by the specified date. A reinspection fee will be required to be paid prior to reinspection;
State that failure to comply with the notice will result in prosecution; and
Employ any other additional or optional corrective or enforcement measure as provided for in this Code of the City of Monroe or by law.
Right of appeal. The owner or responsible local agent may appeal any decision of the designated enforcement officer, the Building Official, or his/her designee to the Construction Board of Appeals. An occupant of a dwelling shall have standing to appeal any notice or order to vacate the dwelling.
Any owner, agent or occupant requesting an appeal shall file a written request therefor with the designated enforcement officer, the Building Official, or his/her designee within 10 days after the date of receipt of the notice of violation, or within the time for taking any action indicated on a notice or order, whichever time is shorter, on a form designated by the designated enforcement officer, the Building Official, or his/her designee.
The Construction Board of Appeals shall, within 10 days of receipt of a written request, fix a time, date and place for a hearing and shall hear testimony and argument from the owner and/or responsible local agent, the designated enforcement officer, the Building Official, or his/her designee, and shall, by a majority vote, determine the question at hand.
In the event that the owner or responsible local agent does not correct a violation of any provision of this chapter, the Building Official shall revoke any existing certificate of compliance and may bring an action to seek the enforcement of this chapter by any appropriate legal remedy. Any premises not in compliance with this chapter is deemed a nuisance per se.
Any owner or responsible local agent of a premises who fails to obtain a certificate of compliance for each residential structure, dwelling or unit prior to sale or transfer shall be responsible for a municipal civil infraction.
An owner or responsible local agent may be charged with more than one violation of the provisions of this chapter in a single complaint, provided that each violation so charged relates to the same property.
A violation of any of the provisions of Chapter 554 shall be deemed a municipal civil infraction and shall be subject to the payment of a civil fine determined in accordance with the following schedule:
Each day that a violation exists, occurs or continues constitutes a separate offense and shall be subject to the penalties or sanctions provided herein as a separate offense.
Whoever violates this chapter shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized and provided for under Michigan law.