[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:
CERTIFICATE OF COMPLIANCE
A certificate issued by the Building Department, which certificate certifies compliance with this article.
COMMON UTILITY AREAS
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.
DWELLING
Any structure, building or other facility used as a home, residence or sleeping unit.
NOTICE OF VIOLATION
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.
OCCUPANCY
Includes all tenants, lessees and persons residing within a dwelling.
OWNER
Any person having a legal or equitable interest in the premises.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
CERTIFICATE OF COMPLIANCE
A certificate issued by the Building Department, which certificate certifies compliance with this article.
COMMON UTILITY AREAS
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.
DWELLINGS
Any structure, building or other facility used as a home, residence or sleeping unit.
NOTICE OF VIOLATION
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.
OCCUPANCY
Includes all tenants, lessees and persons residing within a use.
OWNER
Any person having a legal or equitable interest in the premises.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.