[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 395.
[Adopted 3-26-2008 by Ord. No. 08-01]
As used in this article, the following terms shall have the
meaning indicated:
A certificate issued by the Building Department, which certificate
certifies compliance with this article.
All areas of a dwelling other than the dwelling units themselves,
including, but not limited to, all mechanical rooms, utility rooms,
storage areas, exit facilities, recreational areas and other public
spaces within or connected to the building.
Any structure, building or other facility used as a home,
residence or sleeping unit.
A notice issued to the owner or registered agent stating
that there has been a violation of this article or any other applicable
code, ordinance, rule or regulation concerning the premises.
Includes all tenants, lessees and persons residing within
a dwelling.
Any person having a legal or equitable interest in the premises.
Any lot or piece of land, inclusive of the dwellings, common
utility areas and all other improvements or any part thereof.
A.
The purposes of this article are to protect the public health, safety
and welfare by establishing minimum standards governing the state
of repair and maintenance of dwellings prior to sale, and the premises
on which they are located; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make and keep such premises fit for residential occupancy
and use; to prevent blight and its detrimental effects from destroying
the character and viability of the community; to fix certain responsibilities
and duties upon owners and buyers; to authorize and establish procedures
for registering, inspecting and requiring that such premises be maintained
in a compliant manner; to establish service and administrative fees
to be charged through the enforcement of this article and to fix penalties
for violations thereof.
B.
This article is declared to be essential for the public health, safety
and welfare, and it is intended that this article be liberally construed
to effectuate the purposes stated in this section.
Every owner of a dwelling shall comply with each of the various
requirements hereof so as to obtain and keep current a certificate
of compliance for the premises and each dwelling, and all dwelling
units therein.
A.
The owner or realtor representing an owner of a dwelling, occupied
or unoccupied, upon listing or holding out a dwelling for sale, shall
register with the Building Department his or her name and business
address, the location of each dwelling and the number of units within
such dwellings.
B.
A registry of owners and premises for sale shall be maintained by
the Building Department. Such registry shall be kept as a public record
and shall be available for public inspection.
C.
If the owner is a corporation, the names and addresses of its officers
shall be provided and recorded in the registry.
D.
Any change in address of the owner, agent or representative shall
be provided by such owner, agent or representative to the Building
Department within 30 days of such change.
E.
If any dwelling is sold, it shall be the obligation of the seller
or of his or her agent, to provide the purchaser with a current certificate
of compliance for such dwelling and to also notify the Building Department
within 10 days of the name and address of the purchaser. If the certificate
of compliance was last issued more than 12 months prior to the date
of sale, then the premises must be inspected prior to the sale. Correction
of identified violations may be assumed by the purchaser if the Department
is provided with an affidavit of such assumption from the purchaser.
This requirement shall not relieve any owner of a dwelling of the
responsibility to keep registrations current and to comply with every
provision of this article.
There shall be an initial registration fee for each dwelling
prior to sale. Such fees shall be paid by the owner or his or her
agent or representative at the time of registration. The initial registration
fee shall be as established by the Township Board in the Township's
Fee Schedule.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
Township offices.
A.
The Township Building Official and such other code enforcement officials
as the Supervisor may designate are hereby authorized to make inspections
of dwellings prior to sale, occupied or unoccupied, as follows:
(1)
Prior to the sale thereof, if a certificate of compliance has not
been issued within the 12 months preceding such sale;
(2)
Upon identification of external violations documented by the Building
Official, after investigation, when said official determines that
such inspections are reasonably required to accomplish the intent
of this article; and
(3)
Every dwelling unit shall be inspected prior to sale.
B.
All owners, agents, representatives and tenants shall comply with inspection requests of the Building Official and such other code enforcement officials as are provided for in Subsection A hereof.
(1)
A request for inspection shall read, in part:
|
NOTICE: PURSUANT TO ORDINANCE NO. 08-01 OF THE CHARTER TOWNSHIP
OF HURON, AN INSPECTION IS REQUIRED. SHOULD AN OWNER, AGENT, REPRESENTATIVE
OR TENANT REFUSE TO CONSENT TO AN INSPECTION, A SEARCH WARRANT MAY
BE OBTAINED TO CONDUCT AN INSPECTION.
|
(2)
The owner of such property shall pay the prescribed fees and schedule
the required inspections within 10 days of the notice of inspection.
The owner shall inform all tenants of the scheduled inspection and
assure entry into each unit and access to all areas at the time of
inspection. The Building Official, or his or her representative, shall
provide seven days' notice of inspection of the premises, and
every owner, agent, representative and tenant shall provide unrestricted
access to the premises for the purpose of making such inspections.
Refusal to grant access for inspection will not preclude the Township
from obtaining a search warrant to all inspection.
A.
If, upon inspection of dwelling and premises, part thereof is found
to be in violation of this article or any applicable building code,
zoning regulation or other code relating to the maintenance or conditions
of said property, such violation shall be recorded by the Building
Department. Notice thereof, by regular mail, shall be given to the
owner, agent or representative as such appears in the registry.
B.
It shall be the property owner's responsibility to correct all
identified code violations immediately and to maintain such property
in a safe and compliant manner at all times.
C.
Correction of maintenance violations which can be performed without
obtaining a permit must be verified and documented by an inspector;
this will be done without additional cost, provided that the owner
corrects all violations and requests verification within the time
prescribed on the violation notice.
D.
Correction of violations which must be performed by an appropriately
licensed or qualified person shall be done in compliance with the
permit requirements specified in the Township Code. Every such permit
shall be additionally identified as a "correctional permit."
E.
A certificate of compliance shall be issued by the Building Official
for each dwelling when it is established that such dwelling or facility
is in compliance with all of the code requirements applicable to existing
structures or residential occupancies. A valid certificate of compliance
may be transferred to a new owner of the property, provided that the
new owner has properly registered the change in ownership, and that
the date of the sale is within 12 months of the date on which the
certificate of compliance was issued.
Each dwelling shall be inspected as required by this article.
The fees shall be set from time to time by resolution of the Township
Board. The applicable fees shall be paid prior to inspection.
The Building Official, and his or her authorized representatives,
shall serve as ordinance officers for purposes of enforcement of this
article and shall be authorized to issue notices, orders, violations
and court appearance tickets relative to violations of this article.
A.
If any owner of any dwelling fails to comply with the registration
requirements specified herein, a final notice and order to comply
shall be issued.
B.
If any owner of any dwelling fails to comply with the inspection
requirements specified herein after being properly notified, a final
notice and order to comply shall be issued. If the order is not promptly
complied with the dwelling shall be posted with a notice requiring
that the occupant of the dwelling provide entry for inspection purposes
at a specified date and time.
C.
If any owner or purchaser, after filing the appropriate affidavit,
of any dwelling fails to correct the violations identified in the
inspection report, as required by this article, a final notice and
order to comply shall be issued. If the order is not promptly complied
with, the dwelling which is in violation of the applicable codes shall
be posted with a notice that said dwelling is substandard and in violation
of this article. Court action to enforce compliance may be initiated.
A.
In any case where a provision of this article is found to be in conflict
with any provision of any state statute or any zoning, building, fire,
safety or health ordinance or code of the Township, the provision
which established the higher standard for the promotion of the health,
safety and welfare of the public shall prevail.
B.
Nothing in this article shall be deemed or construed to impair the
rights of the Township under any ordinance or code relating to condemnation
of structures or under any code or ordinance regarding the maintenance,
condition or safety of structures.
Any person affected by any notice which has been issued in connection
with the enforcement of this article may request and shall be granted
a hearing on the matter before the Hearing Board on Dangerous Building
and Construction Board of Appeals; provided that such person files,
in the office of the Building Department, a written petition requesting
such hearing and containing a statement of the grounds of the appeal
within 20 days after the day the notice was served.
It is the intent of this article to have all dwellings maintained
according to the minimum codes governing existing buildings and residential
occupancies at the time of sale. It is not intended to have such dwellings
brought up to the current code requirements for new buildings.
A.
Any person, firm or corporation violating any of the provisions of
this article, shall, upon conviction thereof by any court of competent
jurisdiction, be punished by a civil fine not to exceed $500. Any
actions by the property owner to bring the property into compliance
after the issuance of a citation shall not constitute a defense to
a prosecution for violation of the article.
B.
The imposition of a penalty shall not preclude the initiation of
appropriate legal action to restrain, correct or abate a violation,
to prevent illegal occupancy of a dwelling or dwelling unit or to
stop an illegal act, conduct of a business or use of a structure.
[Adopted 4-9-2014 by Ord.
No. 14-02]
As used in this article, the following terms shall have the
meaning indicated:
A certificate issued by the Building Department, which certificate
certifies compliance with this article.
All areas including, but not limited to, all mechanical rooms,
utility rooms, storage areas, exit facilities, recreational areas
and other public spaces within or connected to the building.
Any structure, building or other facility used as a home,
residence or sleeping unit.
A notice issued to the owner or registered agent stating
that there has been a violation of this article or any other applicable
code, ordinance, rule or regulation concerning the premises.
Includes all tenants, lessees and persons residing within
a use.
Any person having a legal or equitable interest in the premises.
Any lot or piece of land, inclusive of the uses, common utility
areas and all other improvements or any part thereof.
A.
The purpose of this article is to protect the public health, safety
and welfare by establishing minimum standards governing the state
of repair and maintenance of buildings and property prior to sale,
to establish minimum standards governing utilities, facilities and
other physical components and conditions essential to make and keep
such buildings and property fit for occupancy and use; to prevent
blight and its detrimental effects from destroying the character and
viability of the community; to fix certain responsibilities and duties
upon owners and buyers; to authorize and establish procedures for
registering, inspecting and requiring that such building and property
be maintained in a compliant manner; to establish service and administrative
fees to be charged through the enforcement of this article and to
fix penalties for violations thereof.
B.
This article is declared to be essential for the public health, safety
and welfare, and it is intended that this article be liberally construed
to effectuate the purposes stated in this section.
Every owner of a building shall comply with each of the various
requirements hereof so as to obtain and keep current a certificate
of compliance.
A.
The owner or realtor representing an owner of a building occupied
or unoccupied, upon listing or holding out a use for sale, shall register
with the Building Department his or her name and business address,
the location of each building and the number of units within such
buildings.
B.
A registry of owners and buildings for sale shall be maintained by
the Building Department. Such registry shall be kept as a public record
and shall be available for public inspection.
C.
If the owner is a corporation, the names and addresses of its officers
shall be provided and recorded in the registry.
D.
Any change in address of the owner, agent or representative shall
be provided by such owner, agent or representative to the Building
Department within 30 days of such change.
E.
If any building is sold, it shall be the obligation of the seller
or of his or her agent, to provide the purchaser with a current certificate
of compliance for such building and to also notify the Building Department
within 10 days of the name and address of the purchaser. If the certificate
of compliance was last issued more than 12 months prior to the date
of sale then the building must be inspected prior to the sale. Correction
of identical violations may be assumed by the purchaser if the Department
is provided with an affidavit of such assumption from the purchaser.
This requirement shall not relieve any owner of the use of the responsibility
to keep registrations current and to comply with every provision of
this article.
There shall be an initial registration fee for each building
prior to sale. Such fees shall be paid by the owner or his or her
agent or representative at the time of registration. The initial registration fee shall be as established
by the Township Board in the Township's Fee Schedule.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
Township offices.
A.
The Township Building Official and such other code enforcement officials
as the Supervisor may designate are hereby authorized to make inspections
of buildings prior to sale, occupied or unoccupied, as follows:
(1)
Prior to the sale thereof, if a certificate of compliance has not
been issued within the 12 months preceding such sale;
(2)
Upon identification of external violations documented by the Building
Official, after investigation, when said official determines that
such inspections are reasonably required to accomplish the intent
of this article; and
(3)
Every building and unit shall be inspected prior to sale.
B.
All owners, agents, representatives and tenants shall comply with inspection requests of the Building Official and such other code enforcement officials as are provided for in Subsection A hereof.
(1)
A request for inspection shall read, in part:[1]
|
NOTICE: PURSUANT TO ORDINANCE NO. 14-02 OF THE CHARTER TOWNSHIP
OF HURON, AN INSPECTION IS REQUIRED. SHOULD AN OWNER, AGENT, REPRESENTATIVE
OR TENANT REFUSE TO CONSENT TO AN INSPECTION, A SEARCH WARRANT MAY
BE OBTAINED TO CONDUCT AN INSPECTION.
|
(2)
The owner of such property shall pay the prescribed fees and schedule
the required inspections within 10 days of the notice of inspection.
The owner shall inform all tenants of the scheduled inspection and
assure entry into each unit and access to all areas at the time of
inspection. The Building Official, or his or her representative, shall
provide a seven-day notice of inspection of the premises, and every
owner, agent, representative and tenant shall provide unrestricted
access to the premises for the purpose of making such inspections.
Refusal to grant access for inspection will not preclude the Township
from obtaining a search warrant to all inspection.
A.
If, upon inspection of the premises, part thereof is found to be
in violation of this article or any applicable building code, zoning
regulation or other code relating to the maintenance or conditions
of said property, such violation shall be recorded by the Building
Department. Notice thereof, by regular mail, shall be given to the
owner, agent or representative as such appears in the registry.
B.
It shall be the property owner's responsibility to correct all
identified code violations immediately and to maintain such property
in a safe and compliant manner at all times.
C.
Correction of maintenance violations which can be performed without
obtaining a permit must be verified and documented by an inspector;
this will be done without additional cost provided that the owner
corrects all violations and requests verification within the time
prescribed on the violation notice.
D.
Correction of violations which must be performed by an appropriately
licensed or qualified person shall be done in compliance with the
permit requirements specified in the Township Code. Every such permit
shall be additionally identified as a "correctional permit."
E.
A certificate of compliance shall be issued by the Building Official
for each building when it is established that such building or facility
is in compliance with all the code requirements applicable to existing
structures or occupancies. A valid certificate of compliance may be
transferred to a new owner of the property, provided that the new
owner has properly registered the change in ownership and that the
date of the sale is within 12 months of the date on which the certificate
of compliance was issued.
Each building shall be inspected as required by this article.
The fees shall be set from time to time by resolution of the Township
Board. The applicable fees shall be paid prior to inspection.
The Building Official, and his or her authorized representatives,
shall serve as ordinance officers for purposes of enforcement of this
article and shall be authorized to issue notices, order, violations
and court appearance tickets relative to violations of this article.
A.
If any owner of a building fails to comply with the registration
requirements specified herein, a final notice and order to comply
shall be issued.
B.
If any owner of any building fails to comply with the inspection
requirements specified herein after being properly notified, a final
notice and order to comply shall be issued. If the order is not promptly
complied with the building shall be posted with a notice requiring
that the occupant of the building provide entry for inspection purposed
at a specified date and time.
C.
If any owner or purchaser, after filing the appropriate affidavit,
of any building fails to correct the violations identified in the
inspection report, as required by this article, a final notice and
order to comply shall be issued. If the order is not promptly complied
with, the building which is in violation of the applicable codes shall
be posted with a notice that said use is substandard and in violation
of this article. Court action to enforce compliance may be initiated.
A.
In any case where a provision of the article is found to be in conflict
with any provision of any state statute or any zoning, building, fire,
safety or health ordinance or code of the Township, the provision
which established the higher standard for the promotion of the health,
safety and welfare of the public shall prevail.
B.
Nothing in the article shall be deemed or construed to impair the
rights of the Township under any ordinance or code relating to condemnation
of structures or under any code or ordinance regarding the maintenance,
condition or safety of structures.
Any person affected by any notice which has been issued in connection
with the enforcement of this article may request and shall be granted
a hearing on the matter before the Construction Board of Appeals;
provided that such person files, in the office of the Building Department,
a written petition requesting such hearing and containing a statement
of the grounds of the appeal within 20 days after the day the notice
was served.
It is the intent of this article to have all buildings maintained
according to the minimum codes governing existing buildings at the
time of sale. It is not intended to have such brought up to the current
code requirements for new buildings.
A.
Any person, firm or corporation violating any of the provisions of
this article, shall, upon conviction thereof by any court of competent
jurisdiction, be punished by a civil fine not to exceed $500. Any
actions by the property owner to bring the property into compliance
after the issuance of a citation shall not constitute a defense to
a prosecution for violation of the article.
B.
The imposition of a penalty shall not preclude the initiation of
appropriate legal action to restrain, correct or abate a violation,
to prevent illegal occupancy of a use or unit or to stop an illegal
act, conduct of a business or use of a structure.
