[HISTORY: Adopted by the Township Board of the Charter Township
of Allendale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-11-1996 by Ord. No. 1996-10]
This article is adopted pursuant to the provisions of Michigan
Public Act 359 of 1947, as amended.[1]
[1]
Editor's Note: See MCLA § 42.1 et seq.
The purpose of this article is to provide for the maintenance
and regulation of residential rental buildings. The requirements of
this Code shall be in addition to the Building, Electrical, Plumbing
and Mechanical Codes adopted by the Township from time to time.
The owner of a residential rental building shall ensure that
the residential rental building complies at all times with all of
the following requirements:
A.
Building electrical requirements.
(1)
Loose electrical connections are prohibited.
(2)
Broken electrical outlets or broken electrical outlet covers are
prohibited.
(3)
All electrical outlets shall be firmly attached to a wall.
(4)
All electrical lighting fixtures shall be firmly attached to a wall
or ceiling.
(5)
Ground fault interrupters shall be installed in accordance with the
Township Electrical Code, and shall not be replaced with regular outlets.
(6)
All electric ranges and stove tops shall be equipped with at least
four burners; all of the burners shall be operable at all times.
B.
Building plumbing requirements.
(1)
Water leaks in pipes, fixtures, faucets, sill cocks and water heaters
are prohibited.
(2)
The building sewer system shall operate in such a manner that sewage
backups do not occur.
(3)
Water pressure shall be at a minimum of 25 pounds per square inch
and no more than the maximum of 70 pounds per square inch.
(4)
Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility
at a temperature of not less than 110° F. A gas-burning water
heater shall not be located in any bathroom, toilet room, bedroom
or other occupied room normally kept closed, unless adequate combustion
air is provided. An approved combination temperature and pressure
relief valve and relief valve discharge pipe shall be properly installed
and maintained on water heaters.
C.
Building heating requirements.
(1)
Each building shall contain a heating unit sufficient to maintain
a minimum temperature of 65° F. during the fall, winter and spring
heating seasons.
(2)
A supply of air for complete combustion of the fuel by the furnace
and for ventilation of the furnace area space shall be provided for
the fuel-burning equipment as required by the Mechanical Code.
(3)
The furnace air filters shall be changed on a regular basis, and,
at a minimum, as often as recommended by the furnace manufacturer.
(4)
A smoke detector shall be located in the furnace area.
(5)
Gas lines connected to gas appliances shall have shutoff valves as
required by the Township Mechanical Code.
(6)
If a gas appliance is disconnected, the shutoff valve shall be closed
and the gas line shall be capped or plugged.
D.
Building construction and maintenance requirements.
(1)
The stairs shall be in good repair.
(2)
There shall be no leaks in the roof.
(3)
There shall not be any flooding on the main floor or in the basement.
(4)
There shall be an operable vent for stove top burners.
(5)
There shall not be any broken or cracked windows.
(6)
There shall not be any broken or torn window or door screens.
(7)
All exit doors shall be capable of being locked as to access to the
building from the outside but shall be readily operable from the inside
of the building for the purpose of exiting the building.
(8)
All exit doors must be in good repair.
(9)
Exits from all dwelling units having rooms used for sleeping shall
not lead through other dwelling units or through toilet rooms or bathrooms.
(10)
There shall be no holes in finished walls and/or ceilings.
E.
Miscellaneous building and premises requirements.
(1)
All battery-operated and electrically operated smoke detectors shall
be fully operational at all times and shall be checked to ensure they
are fully operational at least every six months.
(2)
All smoke detectors shall be replaced at least every five years.
(3)
If a fire extinguisher is furnished, the extinguisher shall be fully
charged at all times.
(4)
No infestation of bugs and/or vermin shall be permitted in the building
or on the premises.
(5)
No trash or debris shall be allowed to accumulate in the building
or on the premises.
(6)
The building front, rear and side yards shall not have grass or weeds
higher than eight inches tall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following sets forth the sequence for enforcement of this
article:
A.
The tenant shall give a written notice (the "complaint") to the owner
and/or owner's agent specifying the repairs required to bring the
property into compliance with this article.
B.
The owner shall have 10 days from the receipt of the complaint to
make the required repairs.
C.
If such repairs are not completed within this ten-day period, the
tenant shall notify the Zoning Administrator, in writing, of the complaint
and the owner's failure to make the required repairs.
D.
The Zoning Administrator shall inspect the premises and verify that
the repairs demanded in the notice are required by this article.
E.
Upon verification that such repairs are required, the Zoning Administrator
shall give the owner written notice (the "notice") that the property
must be brought into compliance with this article within 14 days from
the receipt of the notice.
F.
If the required repairs are not performed within 14 days of receipt
of the notice, the Zoning Administrator shall cite the owner for a
violation of this article. After the owner is cited, each subsequent
day the repairs are not completed shall constitute a separate violation
of this article.
A.
In the event of an imminent danger to health or safety resulting from the condition of a residential rental building, the sequence for enforcement of this article established in § 333-4 above need not be followed and, in addition to those procedures and remedies specified in § 333-4, the Township shall be entitled to enforce all of the procedures and remedies specified in this § 333-5.
B.
For the purposes of this article, the phrase "imminent danger to
health or safety" shall be defined to mean any condition of a residential
rental building the Zoning Administrator determines is such that if
it is not corrected immediately, it poses a substantial risk to the
health or safety of a tenant. Imminent danger to health or safety
shall include, but not be limited to, the loss of heat, the loss of
water, sewage backup, or the presence of toxic fumes, gases or materials.
C.
If the Zoning Administrator determines there is imminent danger to
health or safety, he or she is authorized to order and require all
occupants to vacate the residential rental building immediately. A
sign shall be posted at each entrance to the building reading as follows:
"This building is unsafe and its occupancy has been prohibited by
the Allendale Charter Township Zoning Administrator." It shall be
unlawful for any person to enter such a building except for the purpose
of securing the building, making the required repairs, removing the
hazardous condition or demolishing the same. Whenever the Zoning Administrator
determines there is imminent danger to health or safety, the Zoning
Administrator shall order the owner of the building to complete all
necessary work to correct as soon as possible all conditions and circumstances
which cause the residential rental building to pose a substantial
risk to the health or safety of its tenants. If the owner is unwilling
or unable to take the necessary corrective action in a timely manner,
the Township is authorized, but not required, to take the necessary
corrective action itself and then take legal action against the owner
of the building to recover all of the Township's costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to any charges, fines or penalties for which a person may be liable under other applicable law or local ordinances, any person who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of this article within the boundaries of the Township shall be responsible for a municipal civil infraction, subject to Chapter 35, Municipal Civil Infractions.
Nothing in this article shall be construed to affect any suit
or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under
any act or ordinance repealed by this article; nor shall any just
or legal right or remedy of any character be lost, impaired or affected
by this article.
[Adopted 3-13-2017 by Ord. No. 2017-4]
The Charter Township of Allendale recognizes the need for an
organized inspection and registration program for residential rental
units located within the Township in order to ensure rental units
meet applicable building, existing structures, fire, health, safety,
and zoning codes, and to provide an efficient system for compelling
owners to correct violations and properly maintain rental units within
the Township. The Township recognizes that the most efficient way
to regulate rental units is to create a program requiring the registration
and inspection of residential rental units by ordinance.
As used in this article, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
Any building or portion thereof which is occupied in whole
or in part as a home, residence, or sleeping place, either permanently
or temporarily by one or more persons.
Any person(s), company, or entity that has deed to a rental
unit or premises, as last recorded with the Ottawa County Registrar
of Deeds Office. An owner may designate an agent to perform duties
or receive notices under this article.
A lot, plot or parcel of land, including the buildings or
structures thereon, which also may include dwellings.
Any dwelling, including but not limited to hotels, motels,
bed-and-breakfast establishments, boardinghouses, or sleeping rooms,
which is offered for rent.
Any individual who is temporarily using or occupying a rental
unit.
The Charter Township of Allendale, acting through its Board
of Trustees, or any department or individual who has been designated
by the Board of Trustees to accomplish the indicated provisions on
the Township's behalf, which may be established by resolution.
No owner shall lease a dwelling within the Township as a rental
unit without registering the rental unit and obtaining a valid certificate
of compliance.
A.
Registration shall include the following.
(1)
Completion of an application form available from the Township;
(2)
A scheduled inspection of the rental unit;
(3)
Payment of all fees charged for the registration and inspection of
the rental unit; and
(4)
Identification of a designated agent, if other than the owner, who
shall be available to be physically present at the rental unit within
one hour in the event of an emergency. This person's identity and
contact information shall also be made available to the tenant.
B.
Following proper registration and an inspection completed to the
Township's satisfaction, the Township shall issue a certificate of
compliance.
(1)
A certificate of compliance shall be effective for up to one year.
(2)
An owner shall apply for a new certificate of compliance for the
rental unit prior to the current certificate of compliance expiration.
If the owner fails to obtain a new certificate of compliance for the
rental unit before the current certificate of compliance expires,
the rental unit will need to be reinspected before a new certificate
of compliance can be issued.
[Amended 10-25-2021 by Ord. No. 2021-4]
(3)
If an inspection cannot be completed within 15 days from the date
the Township processed the rental unit's registration, a temporary
certificate of compliance shall be issued for a reasonable period
of time until the inspection can take place.
(4)
An owner may not rent a rental unit without maintaining a valid certificate
of compliance at all times for the dwelling.
C.
A new owner of a rental unit must notify the Township of the change
in ownership within 60 days of the change. If after 60 days the new
owner has not notified the Township of the change in ownership, the
certificate of compliance shall become invalid. However, with said
notice, the Township will not require a fee for a new certificate
of compliance until the current certificate of compliance expires.
Rental units governed by this article shall be inspected and
shall exist in compliance with Township ordinances and all applicable
state law.
A.
All rental units shall be inspected by the Township.
(1)
Inspections shall occur at least every four years. Inspections may
occur more often if necessary as determined by the Township.
(2)
If a complaint is filed by a tenant of the rental unit, the rental
unit shall be inspected unless there is adequate justification for
the Township to determine that an inspection is unnecessary.
(3)
An inspection may also occur based on a complaint received by a member
of the Ottawa County Sheriff's Department, a member of the Township
Board of Trustees, or a member of the Allendale Fire Department.
(4)
Inspections shall occur with permission or as otherwise permitted
by law. The Township may seek a court order if necessary to enter
the rental unit or the surrounding premises.
(5)
Inspections shall be performed in any manner consistent with state
law.
B.
Inspection procedures.
[Amended 10-25-2021 by Ord. No. 2021-4]
(1)
An inspection shall be valid for a period of up to four years, unless
there is a sufficient basis for reinspection pursuant to this article
or if the certificate of compliance is revoked by the Township for
noncompliance with this article.
(2)
If, upon completion of an inspection, the rental unit or surrounding
premises are found to be in violation of a Township ordinance or applicable
state law, the Township shall provide the owner with written notice
of such violations. The Township shall set a reinspection date before
which such violation shall be corrected.
(3)
If a complaint is filed with the Township regarding a rental unit,
the owner will be notified. An inspection will ensue if the Township
believes such action is necessary. The Township may also choose to
accept written verification that the violation has been corrected.
(4)
Where a reinspection must be made to ensure conformity with this
article, the Township may charge a separate inspection fee for each
subsequent inspection.
(5)
If an inspection is scheduled and the owner fails to appear, an inspection
fee shall be assessed against the owner.
(6)
The owner or tenants shall provide any information as requested by
the Township to assist with the investigation of a potential violation
of this article.
C.
Transfer of ownership inspections. When there is a transfer of ownership
of any rental unit and a current certificate of compliance exists
for the rental unit, then the Township shall waive the inspection
until the next regularly scheduled inspection.
D.
Tiered rental inspection frequency. The Township shall utilize a
tiered inspection program in order to properly inspect rental units.
This will enable the Township to aggressively address rental units
that are frequently in violation of the Township's ordinances or applicable
state law. All rental units will fall within one of the following
tiers.
(1)
Tier 1: A rental unit that meets the following criteria will be inspected
every four years:
(a)
The previous inspection found fewer than five violations;
(b)
The existing violations were repaired and the rental unit passed
the Township's first reinspection;
(c)
No valid complaints were filed against the rental unit;
(d)
All fees have been paid; and
(e)
The rental unit and the surrounding premises meet all requirements
of the Township ordinances and applicable state law.
The Township Board shall establish by resolution the appropriate
fees for registration and inspections.
All records, files and documents pertaining to the registration
and inspection of rental units shall be maintained by the Township
and made available to the public as allowed or required by state law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to any charges, fines or penalties for which a person may be liable under other applicable law or local ordinances, any person who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of this article within the boundaries of the Township shall be responsible for a municipal civil infraction, subject to Chapter 35, Municipal Civil Infractions.
