[Ord. No. 1341, 7-17-2002]
(a) Scope. Unless otherwise expressly stated, the terms listed in this
division shall, for the purposes of this article, have the meanings
indicated.
(b) Tense; gender; number. Words used in the present tense include the
future; words in the masculine gender include the feminine and neuter,
and the singular number includes the plural and the plural the singular.
(c) Terms defined in other codes. Where terms are not defined in this
article and are defined in the Michigan Construction Codes, they shall
have the same meanings ascribed to them in those codes.
(d) Terms not defined. Where terms are not defined, through the methods
authorized by this section, they shall have their ordinarily accepted
meanings, such as the context may imply.
[Ord. No. 1341, 7-17-2002; amended 8-1-2012 by Ord. No.
1589; 4-18-2018 by Ord. No. 1733]
For the purposes of this article, and in accordance with Section
14-4.5, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APPROVED
As applied to a material, device or method of construction,
approved by the Code Official under the provisions of this article,
or approved by other authority designated by law to give approval
in the matter in question.
BASEMENT
That portion of a building that is partly or completely below
grade.
BATHING ROOM
A room with a bathtub or shower and with a latching door
so as to give privacy to a person in the room.
BATHROOM
A room with a bathtub or shower, toilet, sink and with a
latching door so as to give privacy to a person in the room.
BUILDING/ZONING ADMINISTRATOR
The Director of the Department of Community and Neighborhood
Services, or his or her duly authorized representative.
CENTRAL HEATING
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside of these rooms.
CONDEMN
To adjudge unfit for use or occupancy.
CONSTRUCTION CODES
The Michigan Building Code, Michigan Residential Code, Michigan Electrical Code, Michigan Mechanical Code, and Michigan Plumbing Code are enforced by the City of Holland as resolved in Chapters
6 and
9 for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
DWELLINGS
(a)
BOARDINGHOUSEA building arranged or used for lodging, with or without meals, for compensation and not occupied as a single-family unit.
(b)
DORMITORYA space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one room or in a series of closely associated rooms.
(c)
HOTELAny building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied, for sleeping purposes by guests.
(d)
MOTELA hotel as defined in this section.
(g)
TWO-FAMILY DWELLINGA building containing two dwelling units with not more than five lodgers or boarders per family.
(h)
ROOMING HOUSEAny one- or two-family residential building, or any part thereof, containing one or more rooming units, in which space is let by the owner or operator to more than five persons who are not members of a family. (See "Dwellings, boardinghouse.")
(i)
ROOMING UNITAny room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
ENFORCING OFFICER
The Director of the Department of Community and Neighborhood
Services of the City, or his or her duly authorized representative.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poison spraying, fumigating
or trapping; or by any other approved pest-elimination methods.
FAMILY
As used in this article shall have the same meaning as set
forth in Section 39-2.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered habitable space.
INFESTATION
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests.
INVENTORY CHECKLIST
Such written itemization of the condition of a dwelling unit
as required by the Michigan Security Deposit Act.
LET FOR OCCUPANCY or LET
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building or structure by a person, who shall be
the legal owner or not be the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license.
LOCAL AGENT
The owner or designated representative of the owner who lives
within 35 miles from the property and is available 24 hours a day,
seven days a week to respond to and mitigate any complaints regarding
a short-term rental.
MAINTENANCE
Acts of repair and other acts to prevent a decline in the
condition of grounds, structures and equipment such that the condition
does not fall below the standards established by this article and
other applicable statutes, codes and ordinances.
MAJOR VIOLATION
Any violation of the provisions of this article or any code
adopted by the City which poses a hazard or risk to the health and
safety of the occupants of a dwelling unit, including any violation
that substantially affects the habitability of the dwelling unit.
MINOR VIOLATION
Any violation of this article that is not deemed a major
violation.
OCCUPANT
Any person having the right of possession or use of any premises,
building or structure.
OPENABLE AREA
That part of a window or door that is available for unobstructed
ventilation and that opens directly to the outdoors.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
OWNER/OWNERSHIP
Any person, agent, operator, firm, partnership, limited liability
company, trust or corporation having a legal or equitable interest
in the property; or recorded in the official records of the state,
county or municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court. For the purposes of this article, ownership shall be presumed
to be by the designated person or entity listed on the tax rolls maintained
by the City for a structure or building, unless the enforcing officer
is otherwise notified in writing. For a property owned by a partnership,
limited liability company or corporation, each partner, member, trustee
or shareholder shall be deemed to have an ownership interest for purposes
of the sections regulating short-term rental units.
PERSON
A person or other entity capable of owning a dwelling pursuant
to the laws of the state.
PLUMBING
The practice, materials and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances
and appurtenances within the scope of the Michigan Plumbing Code.
PLUMBING FIXTURE
A receptacle or device that is either permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water therefrom, or discharges used water, liquid-borne
waste materials or sewage, either directly or indirectly, to the drainage
system of the premises, or that requires both a water supply connection
and a discharge to the drainage system of the premises.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC NUISANCE
Includes but is not limited to the following:
(a)
The physical condition or use of any premises regarded as a
public nuisance at common law; or
(b)
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures; or
(c)
Any premises that has unsanitary sewerage or plumbing facilities;
or
(d)
Any premises designated as unsafe for human habitation or use;
or
(e)
Any premises that is manifestly capable of being a fire hazard,
or is manifestly unsafe or unsecured as to endanger life, limb or
property; or
(f)
Any premises from which the plumbing, heating and/or other facilities
required by this article have been removed, or from which utilities
have been disconnected, destroyed, removed or rendered ineffective,
or where the required precautions against trespassers have not been
provided; or
(g)
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
(h)
Any structure or building that is in a state of dilapidation,
deterioration or decay or contains faulty construction; is overcrowded;
is open, vacant or abandoned; is damaged by fire to the extent as
not to provide shelter; or is in danger of collapse or failure and
dangerous to anyone on or near the premises.
RENOVATION
The act of making a building and its facilities conform to
present-day minimum standards of sanitation, fire and life safety.
RESIDENTIAL BUILDING
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided, except when classified
as an institution under the Construction Code.
RESPONSIBLE PERSON
The person who is responsible for correcting all major or minor violation(s), or both, pursuant to the provisions of Section
14-4.25.
RUBBISH
Combustible and noncombustible waste materials, except garbage,
and including the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust and other similar materials.
RULES
The rules as adopted by the Department of Community and Neighborhood
Services as approved by City Council resolution.
SHORT-TERM RENTAL
A dwelling unit offered for rent in part or in its entirety
for less than 30 consecutive days per occupant.
(a)
OWNER-OCCUPIEDA dwelling unit where owners reside and rent or offer for rent one room up to 365 days per calendar year or the entire dwelling unit for up to 60 days while all owners are away.
(b)
NONOWNER-OCCUPIEDA dwelling unit that is not an individual owner's residence, and is rented or offered for rent in its entirety for less than 30 consecutive days per occupant and is permitted by Chapter
39.
(c)
TULIP TIMEA dwelling unit that is offered for rent in part or in its entirety for not more than 10 days during the designated Tulip Time Festival in May.
STRUCTURE
That which is built or constructed, including, without limitation
because of enumeration, buildings for any occupancy of use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
SUPPLIED
Installed, furnished or provided by the owner or operator.
TOILET ROOM
A room with a toilet/water closet and with a latching door
so as to give privacy to a person in the room. A toilet room must
either contain within the room a sink supplied with hot and cold running
water or such a sink must be located in close proximity to the exterior
of the room.
VENTILATION
The process of supplying and removing air by natural or mechanical
means to or from any space.
(b)
NATURALVentilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.
WASHROOM
A room with a toilet, sink and with a latching door so as
to give privacy to a person in the room.
WORKMANLIKE
Executed in a skilled manner, e.g., generally plumb, level,
square, in line, undamaged, and without marring adjacent work.
YARD
An open, unoccupied space on the same lot with a building
extending along the entire length of street or rear or interior lot
line.