[Ord. of 11-15-2007,
§ 11-1]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means the properly completed statement affirming that all
code deficiencies or violations identified on a provisional rental
occupancy permit have been corrected in compliance with the housing
and property maintenance code, that statement to be on a form to be
provided by the Village.
Means the property manager or other individual or entity
representing the owner of a rental unit.
Means the International Property Maintenance Code, as adopted
by the Village trustees.
Means spouses, children, stepchildren, brothers and sisters,
half brothers and half sisters, parents and stepparents.
Means that person who is designated by the owner of a shortterm
rental unit who must live within the cities of Benton Harbor, Coloma,
or St. Joseph, the townships of Benton, St. Joseph, Lincoln, Hagar,
Royalton, Coloma, or Sodus, or the Villages of Shoreham or Stevensville.
Means the maximum number of tenants permitted to reside in
a rental unit as determined by the Village building inspector or zoning
administrator pursuant to applicable building, construction and property
maintenance codes, the Village zoning ordinance, and this article.
Means the individual or entity who is the legal or equitable
titleholder and/or who controls the premises occupied by one or more
rental units.
Means rental unit permit or provisional rental unit permit.
A written statement issued by the Village indicating that
the rental unit identified thereon is substantially but not entirely
in compliance with the housing and property maintenance code. The
provisional rental unit permit shall identify any deficiencies or
violations that must be corrected, and shall state the date on which
the provisional rental unit permit shall expire if those deficiencies
or violations are not corrected.
Means any residential dwelling which is in whole or in part
occupied by one or more persons pursuant to an oral or written agreement
for monetary or any other consideration, but which persons are not
acquiring an ownership interest in the dwelling. The term "rental
unit" includes single-family, two-family and multiple-family dwellings,
shortterm rentals and roominghouses or boardinghouses. The term "rental
unit" shall not include transient dwelling structures such as hotels,
motels, or bed-and-breakfasts, and shall not include dwellings that
are occupied only by members of the owner's immediate family.
Means a written document issued by the Village indicating
that the rental unit identified thereon is then in compliance with
the housing and property maintenance code. A rental unit permit shall
be valid for two years from the date of the inspection that found
the rental unit in compliance, absent new or later-detected violations
of the housing and property maintenance code, this article or other
applicable laws, rules or regulations, or a revocation of the permit
pursuant to this article within that time, and the expiration date
shall be shown on the permit.
Means the rental of any rental unit for a term of less than
one month, but does not include the use of campgrounds, hotel rooms,
transitional housing operated by a nonprofit entity, group homes such
as nursing homes and adult-foster-care homes, hospitals, or housing
provided by a substance-abuse rehabilitation clinic, mental-health
facility, or other health-care related clinic. Housing units owned
by a business entity and made available on a temporary basis to employees
of that business entity or employees of a contractor working for that
business entity are not shortterm rental units.
Means any person, other than a legal or equitable titleholder,
occupying or possessing all or any part of a rental unit.
Means the department, officer or individual designated by
the Village Manager or Village trustees to administer all or any part
of the registration and inspection programs under this article.
[Ord. of 11-15-2007,
§ 11-2]
(a)
The owner of a rental unit shall register said rental
unit with the Village within 10 days after the date of acquiring ownership
or control of a previously registered rental unit, or in the case
of a newly constructed or converted rental unit, before that rental
unit is occupied.
(b)
To register a rental unit, the owner shall:
(1)
Truthfully provide and certify as true the following information
on a form provided by the Village:
a.
Name, address, and telephone numbers of the owner and
any agent for the owner.
b.
The street address of the rental unit, along with other
identification if more than one rental unit has the same street address.
c.
The number of rental units in the building, if more
than one.
d.
The number of bedrooms in each rental unit, and the
intended number of occupants in each rental unit.
e.
Such other information as the Village requests.
(2)
Pay an administrative fee, as set by resolution of the
Village trustees.
(3)
For rental units which the owner wishes to use for shortterm
rentals, the following items must be provided along with the completed
form:
a.
A scaled floor plan.
b.
A copy of the lease form containing the required disclosures
including, but not limited to, the maximum occupancy load, off-street
parking requirements, the local land line telephone number of the
unit, noise regulations and other ordinance requirements.
c.
A statement in the application form detailing:
1.
The term of the rental (daily, weekend, weekly,
etc.).
2.
The name, address, telephone number (local and
cell phone), electronic mail address and other contract information
of the designated local rental agent, and written authorization for
that agent to act on the owner's behalf, including without limitation
acceptance of service of legal papers on the owner's behalf,
and the agent's written acceptance of that agency.
3.
The maximum occupancy load.
(4)
Provide proof that the homestead exemption is legally
appropriate or is not being claimed.
(c)
An owner shall notify the Village in writing within
30 days of any change in the information provided on the registration
form. An owner of a shortterm rental unit shall notify the Village
in writing within 10 days of any change in the designated local agent.
(d)
An owner shall notify the Village in writing within
30 days if any of the items inspected pursuant to this article are
altered after inspection by the Village.
[Ord. of 11-15-2007,
§ 11-3]
It shall be a violation of this article for a property owner
or a responsible local agent to provide inaccurate information for
the registration of rental units or to fail to provide information
required by the Village for such registration. In those cases in which
the owner is not a natural person, the owner information shall be
that of the president, general manager or other chief executive officer
of the organization. Where more than one natural person has an ownership
interest, the required information shall be provided for each such
owner.
[Ord. of 11-15-2007,
§ 11-4]
(a)
No rental unit may be occupied unless the Village has
issued a valid rental unit permit pursuant to this article.
(b)
Permit contents and requirements shall be the following:
(1)
A rental unit permit shall state whether the rental unit
permits shortterm rentals. A shortterm rental unit permit shall be
granted only when all of the requirements in this article for shortterm
rental units and applications for a shortterm rental unit permit are
met.
(2)
Each rental unit permit shall indicate the maximum occupancy
load. No owner, local agent, or tenant shall allow a rental unit to
be occupied by more tenants than the number stated on the permit.
The maximum occupancy load shall be stated in the lease and other
rental documents.
(3)
No rental unit permit shall be valid until the appropriate
fee is paid, in the amounts as established from time to time by resolution
of the Village trustees.
(4)
No permit shall be issued to any owner unless that owner
is current on the payment of all real property taxes, utility rates,
fees, charges, special assessments and other amounts due the Village.
Delinquencies on any such payments to the Village, regardless of whether
they relate to the rental unit for which a rental unit permit is sought
shall result in denial of the permit.
(c)
Upon request by any tenant or prospective tenant, the
owner or agent shall provide the tenant or prospective tenant with
a copy of the rental unit permit, as well as a copy of the lease containing
the required disclosures.
(d)
A valid permit may be transferred to a new owner of
a rental unit upon the Village's prior written consent once the
new owner files an application meeting all the requirements of this
article.
(e)
A provisional rental unit permit shall expire and the
continued occupancy of the rental unit shall be unlawful if the owner
or agent has not properly corrected the deficiencies and violations
noted on that permit and thereafter properly completed and returned
an affidavit of completion to the Village within the time allotted
on that permit. If the affidavit of completion is returned to the
Village within the allotted time, and absent any other intervening
deficiencies or violations, the Village shall then issue a rental
unit permit for that rental unit.
(f)
Compliance with applicable zoning, construction, building
and property maintenance codes shall be a condition of all rental
unit permits. Violations of any of those codes shall also be a violation
of this article.
[Ord. of 11-15-2007,
§ 11-5]
(a)
Before issuing a rental unit permit or a provisional
rental unit permit, the Village shall inspect the rental unit in order
to determine whether it is in compliance with the housing and property
maintenance code, the fire code, this article, and other applicable
laws and regulations.
(b)
Upon written notice from the Village, it shall be the
owner's responsibility to schedule and allow the Village's
inspection of the rental unit. When an inspection is required for
the renewal of an existing permit, the owner shall schedule and permit
that inspection no later than 30 days before the expiration of that
permit. Inspections shall occur during the Village's regular
business hours, unless the Village agrees to other arrangements, and
all fees shall be paid prior to the inspection. The inspection shall
then be valid for a period of two years.
(c)
If an inspection reveals that the rental unit is not
in compliance with the housing and property maintenance code, the
owner shall be provided a written list of deficiencies or violations
that must be corrected before a permit is issued. If the Village determines
that the deficiencies or violations do not render the rental unit
uninhabitable, the Village may issue a provisional rental occupancy
permit for that rental unit.
(d)
The Village may conduct additional inspections as it
deems necessary, upon reasonable notice to the owner or agent, such
as when:
(e)
For short term rental units, between each shortterm
rental to a different tenant, the local rental agent shall inspect
the premises using a Village-designated checklist and shall ensure
that all smoke detectors, lights in common areas and stairways, egress
doors, and railings are in a safe and working condition. Any defects
discovered shall be corrected promptly. Upon inspection, the agent
shall sign and date that checklist and shall maintain it for Village
inspection and copying for a period of at least two years.
(f)
If the Village becomes aware of code or other deficiencies
or violations subsequent to the issuance of a permit, the Village
may issue a new provisional rental occupancy permit addressing the
deficiencies or violations, or revoke the current permit, or both,
and may also take any other action allowed by law.
[Ord. of 11-15-2007,
§ 11-6]
Temporary certificates of compliance may be issued without prior
inspection to owners of occupied rental units existing as of October
1, 2007. Such certificates may be issued as of the effective date
of the initial registration following October 1, 2007, to allow property
owners to operate such rental units until such time as an inspection
may be made by the appointed Village official and a determination
has been secured, the temporary certificate shall expire.
[Ord. of 11-15-2007,
§ 11-7]
A certificate of compliance shall expire on the date stated
on the certificate of compliance or on the repair date stated on a
notice to repair. Sixty days after such expiration date, it shall
be unlawful for the rental unit in question to be occupied unless
a new certificate of compliance has been issued.
[Ord. of 11-15-2007,
§ 11-8]
At least 30 days prior to the expiration of a certificate of
compliance, the Village shall notify the registered owner to re-register
the rental unit and to arrange for a compliance inspection. The property
owner shall be responsible for re-registering a rental unit and arranging
a compliance inspection prior to the expiration date on the certificate.
When a certificate of compliance is reissued in accordance with this
article, it shall have a two-year expiration date with the same month
and day as shown on the previous certificate, regardless of the date
that the new certificate is actually issued.
[Ord. of 11-15-2007,
§ 11-9]
If an inspection is initiated by a complaint and no violation
is found to exist, no inspection fees will be assessed against the
owner of the inspected rental unit.
[Ord. of 11-15-2007,
§ 11-10]
(a)
For all short term rentals, the local agent shall obtain
and maintain for the purpose of Village inspection and copying the
name, address, and other contact information of a responsible tenant
as well as the document signed by that tenant acknowledging the maximum
occupancy load of the rental unit and applicable Village regulations.
(b)
The local agent shall maintain such documents and any
other records required under this article for at least two years.
A local agent or owner shall convey such documents to any successor
local agent.
[Ord. of 11-15-2007,
§ 11-11]
(a)
If the owner of a shortterm rental unit does not qualify
as a local agent, the owner shall designate a local agent and authorize
the agent in writing to act as the owner's agent for any acts
required of the owner or the owner's agent under this article.
(b)
Each rental unit, when used as a shortterm rental,
shall have a land-line telephone with free local calls, which will
appear at the 911 dispatch center. The owner of each rental unit,
when used as a shortterm rental, must prominently display in the unit
a notice indicating the unit's street address, municipality,
and other such descriptive information which, if relayed to the 911
dispatch center, would allow emergency responders to quickly locate
and enter the rental unit, and further recommending that tenants who
use communication devices that may be used to summon aid in an emergency
register those devices to the rental unit's location if appropriate.
(c)
Each shortterm rental unit must have a minimum of one
off-street parking space for each occupant's vehicle in addition
to any other spaces required under applicable laws, rules and regulations
for any other uses in the building or on the premises.
(d)
The owner of each shortterm rental unit must, when
the rental unit is used as a shortterm rental, prominently display
a full-size copy of the rental unit permit or current provisional
rental unit permit in each rental unit.
(e)
No more than four occupants per bedroom shall be included
in the calculation of the maximum occupancy load of a rental unit,
when used as a shortterm rental unit, regardless of the size of the
bedroom.
(f)
The owner of each unit shall not advertise an occupancy
load that is greater than the maximum occupancy load limit.
[Ord. of 11-15-2007,
§ 11-12]
All administrative actions taken by the Village may be appealed
in the manner provided by the housing and property maintenance code.
[Ord. of 11-15-2007,
§ 11-13]
(a)
It shall be the responsibility of the owner of each
rental unit to install smoke detectors/alarms in each rental unit.
All smoke detectors/alarms shall be UL (Underwriters Laboratories,
Inc.) approved, and shall be installed in accordance with the provisions
of the state construction code and the household fire warning equipment
provisions of the National Fire Protection Association (NFPA) standards,
Section 72.
(b)
Smoke detectors/alarms shall be installed in the following
locations:
(1)
In each sleeping room.
(2)
Outside of each separate sleeping area in the immediate
vicinity of the bedrooms.
(3)
On each additional story of the rental unit, including
basements and cellars but not including crawl spaces and uninhabitable
attics. In rental units with split levels and without an intervening
door between the adjacent levels, a smoke detector/alarm installed
on the upper level shall suffice for the adjacent lower level provided
that the lower level is less than one full story below the upper level.
(c)
After every change of occupancy of a rental unit, the
owner shall certify in writing to the new tenant, at or before the
time each new tenant occupies the rental unit, that all smoke detectors/alarms
required by this section are installed, the location of each and that
each smoke detector/alarm is in proper working condition. Rental units
are exempt from this requirement when lawfully used as shortterm rental
units under the provisions of this article.
(d)
No person shall tamper or interfere with the effectiveness
of a smoke detector required by this section.
[Ord. of 11-15-2007,
§ 11-14]
(a)
Persons violating any provision of Sections 6-97 through 6-108, or Section 6-111, including any owner or occupant of a rental unit, shall be responsible for a municipal civil infraction punishable as provided in this article and Section 1-15. A court may order compliance with this article and as provided by law with respect to its authority for municipal civil infractions.
(b)
For all rental units, the following shall apply:
(1)
If an owner is found by a court to be responsible for a violation of this article on three or more occasions within two consecutive calendar years, the zoning administrator shall issue a notice of rental permit revocation, that revocation to be for a period of not less than three months or more than two years. This notice shall notify the owner that the owner can request a hearing to show cause why the permit should not be revoked or the period of revocation should be shortened. If, within seven days of service of the notice, the owner requests a hearing in writing, the zoning administrator shall schedule a hearing as provided in Section 6-107 and notify the owner in writing of a time and place for that hearing.
(2)
Fines for civil infraction violations of this article
shall be $100 per occurrence for the first offense, $500 for a second
offense within two calendar years of a prior offense, $1,000 for a
third offense within two calendar years and $2,500 for each subsequent
offense within two calendar years even if it occurs at the same time
as another offense. Each day that a violation continues shall be a
separate offense. In addition to a fine, the property owner shall
be liable for costs to which the Village has been put in enforcing
this article which are not limited to the costs taxable in ordinary
civil actions and may include all expenses, direct and indirect, to
which the Village has been put in connection with the municipal civil
infraction up to the entry of judgment as allowed by MCL 600.8727(3).
[Ord. of 11-15-2007,
§ 11-15]
In the event that the provisions of this article conflict with
another ordinance, the ordinance that is more restrictive shall apply.
[Ord. of 11-15-2007,
§ 11-16]
(a)
The owner of any rental unit with a valid rental unit
permit upon the effective date of the ordinance from which this article
is derived, and which has been lawfully used as a shortterm rental
as defined by this article within 24 months before the effective date
of the ordinance from which this article is derived may continue to
use that rental unit as a shortterm rental for 90 days after the effective
date of the ordinance from which this article is derived.
(b)
The owner of a rental unit as described in Subsection (a) of this section who wishes to continue the shortterm use of that rental unit must file a new registration as described in Section 6-97 within 60 days of the effective date of the ordinance from which this article is derived. Upon satisfactory review of that registration and demonstration of compliance with the terms of this article, an amended rental unit permit or provisional rental unit permit will be issued authorizing continued shortterm rental use of that rental unit. There shall be no fee for this registration update, and the expiration date of the existing rental unit permit shall not be changed.
