That a certain document, copies of which are on file in the office of the City Clerk, being marked and designated as the "2021 International Property Maintenance Code," as may be amended, deleted, with additions, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Bridgman, in the State of Michigan for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in §
379-2 of this chapter.
The following sections of the International Property Maintenance
Code are hereby revised and amended to read as follows:
A. Section 101.1. Title. These regulations shall be known as the International
Property Maintenance Code of the City of Bridgman, hereinafter referred
to as "this Code."
B. 103.1 Creation of Agency. Sworn police officers, the City code enforcement
officer, ordinance enforcement officers as designated, and any and
all City Inspectors shall be considered "code officials" under this
Ordinance. All City code officials shall be authorized to write and
serve tickets under this Ordinance. Code officials shall have all
authority to implement, administer, and enforce the provisions of
this code. The department authorized to act to enforce this Code shall
known as the City of Bridgman Code Enforcement Department.
C. 103.2 Appointment. The code officials shall be appointed and/or hired
by the City of Bridgman.
D. 103.3 Deputies. This section is hereby deleted in its entirety.
E. Section 104.1. Fees. The fees for activities and services performed
by the department in carrying out its responsibilities under this
code shall be assessed per the fee schedule adopted by the City Council
from time to time by resolution, or by the actual costs incurred by
the City to pay the employee, person, or company for its time in carrying
out the work performed under this Code, including but not limited
to all enforcement and staff time, attorney fees, publication or posting
costs, and related fees.
F. 104.2 Refunds. This section is hereby deleted in its entirety.
G. Section 110.4. Failure to comply. Any person who shall continue any
work after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable for a civil infraction and a fine
of not less than $250. Further, the City may take any action and elect
any remedy either at law or in equity as it deems necessary to ensure
compliance with this Code.
Second or repeat offenses may be subject to a fine of $350 or
more as the court sees fit.
H. Section 111.4.2 shall be amended to add Section (4):
4. A copy is posted in a conspicuous place in or about the property
affected by such notice.
I. Section 302.4 Weeds. This section is hereby deleted in its entirety,
with the following inserted in its place and stead:
302.4 Dangerous Trees. All exterior areas shall be kept clear
of trees that have become public or private nuisances. The trees shall
be removed or trimmed as needed if any of the following are true:
1.
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The tree is dead and likely to fall.
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2.
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The tree hanging over a public or private way so as to be in
the path of vehicles and/or pedestrians.
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3.
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If the tree is stricken with an infectious disease, or heavily
infected with parasites or insects.
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4.
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If the tree is a threat to overhead electric power lines. The
property owner shall be responsible for notifying the electric power
supplier of trees that are dangerous to power lines.
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J. Section 302.8 Motor Vehicles. Except as provided for in other regulations,
inoperative, non road worthy as deemed by the State of Michigan, or
unlicensed motor vehicles shall not be parked, kept or stored on any
premises, and vehicles shall not at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes. Vehicles may be stored in a completely enclosed
building and/or one vehicle may be stored outside on an improved surface
when properly covered with a decay free approved fitted vehicle cover
and surrounding area free of weeds. For the purposes of meeting this
requirement, vehicle covers and structures utilizing tarps or similar
coverings for sides and/or roofs shall not be considered approved
for structures.
K. Section 302.8.1 Boats and Trailers. Boats, trailers, and nonmotorized
camping vehicles shall be required to comply with Section 302.8.
L. Section 304.14. Insect screens. The dates of April 30 to October
31 are hereby inserted.
M. Section 602.3. Heat supply. The dates of October 31 to April 30 are
hereby inserted.
N. N. Section 602.4. Indoor occupiable work spaces. The dates of October
31 to April 30 are hereby inserted.
All other ordinances or parts of ordinances in direct conflict
herewith are hereby repealed.
That if any section, subsection, sentence, clause or phrase
of this chapter is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter. The City of Bridgman hereby declares that it would have
passed this chapter, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
That nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or chapter hereby repealed as cited in §
379-3 of this chapter; nor shall any just or legal right or remedy of any person be lost, impaired or affected by this chapter.