[Code 1992, § 16-31; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006[1]]
(a) 
The City recognizes the importance to the general health, safety and welfare of all of its citizens, including its citizens who reside in non-owner-occupied residential structures. The City, therefore, also recognizes a compelling interest in establishing standards for the maintenance of sanitary and safe non-owner-occupied residential structures in the City. This article is designed to promote the continued maintenance of quality and safe non-owner-occupied residential properties and to enhance and maintain property value of all properties and to reduce the causes of blight and other deleterious factors affecting neighborhoods.
(b) 
It is the City's policy that all non-owner-occupied residential structures must be registered with the City and a valid and current certification of compliance be in effect at all times a non-owner-occupied residential structure is being occupied. It is also the policy of the City that certification only be available for those non-owner-occupied residential structures which meet and maintain the minimum standards set by the City.
[1]
Editor's Note: This ordinance also changed the title of this Art. V from "Rental Certification" to its current title.
[Code 1992, § 16-32; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362]
The following words, terms 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:
AGENT
For the purposes of this article, the responsible local agent shall be an individual person who represents the owner, a real estate holding company, corporation, partnership or other legal entity and must have a place of residence in the state within 45 miles of the City limits. The responsible local agent shall be designated by the owner as legally responsible for operating such premises in compliance with all the provisions of the City codes and ordinances. The owner may act as the responsible local agent, provided he or she resides in the state and within 45 miles of the City limits. All official notices of the City may be issued to the responsible local agent, and any notice so issued shall be deemed to have been issued upon the owner of record.
[10-24-2016 by Ord. No. 16-004]
APARTMENT
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
APARTMENT BUILDING FOR STUDENTS
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
BOARDINGHOUSE
An establishment or building where meals, lodging or both are provided for compensation with the following stipulations:
[10-26-2015 by Ord. No. 15-010; 10-24-2016 by Ord. No. 16-004]
(1) 
Rental shall be prearranged and without limitations or time periods involved.
(2) 
No cooking facilities shall be permitted in sleeping rooms.
(3) 
There shall not be more than four sleeping rooms per establishment.
(4) 
No more than one person shall occupy each sleeping room.
(5) 
Sufficient off-street parking shall be provided pursuant to Article VI, Off-Street Parking and Loading Requirements, of Chapter 52, Zoning.
[6-26-2017 by Ord. No. 17-005]
(6) 
There shall be provided one toilet and bathing facility per two sleeping rooms.
(7) 
Boardinghouses are subject to the Rental Certification Ordinance and shall be licensed and inspected.
(8) 
Only allowed in the A-1 and A-2 Zones with a minimum site size of 10,000 square feet.
Boardinghouses are subject to all other City ordinances and applicable codes.
BUILDING OFFICIAL
The Chief Inspector of the City or authorized representative.
CERTIFICATION OF COMPLIANCE (or CERTIFICATION)
A certificate issued by the Rental Certification Division which certifies compliance with this article and the date of such certification.
[9-27-2021 by Ord. No. 21-006]
DWELLING, ONE-FAMILY
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
DWELLING, TWO-FAMILY
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
EFFICIENCY UNIT
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
FAMILY
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
HE/HIS
Shall be synonymous with the terms "she," "it," and "they"; and the term "his" shall be synonymous with the terms "her," "its" and "theirs."
HOME SHARING
A dwelling unit that is shared on a temporary basis by unrelated persons or nonfamily members, regardless of whether consideration is exchanged.
[9-27-2021 by Ord. No. 21-006]
HOUSING CODE and BUILDING CODE
The most recent standards of construction and maintenance for residential property in general and non-owner-occupied residential property in particular, as adopted by the City Council.
[9-27-2021 by Ord. No. 21-006]
IMMEDIATE FAMILY
Any person who is the owner or the owner's current spouse, parent or grandparent, child or grandchild, brother or sister, mother-in-law or father-in-law, brother-in-law or sister-in-law, daughter-in-law or son-in-law, nieces or nephews, aunts or uncles. Adopted, half, and step members are also included in immediate family. Any other relative not mentioned in this definition is not considered immediate family.
[10-24-2016 by Ord. No. 16-004]
INSPECTION GUIDELINES
Those guidelines as adopted by the City Council to be used by the Building Official in conducting inspections, setting forth the minimum requirements for dwellings inspected under this article.
LEASE
Any written or oral agreement that sets forth conditions concerning the use and occupancy of non-owner-occupied residential structures or non-owner-occupied residential units.
[9-27-2021 by Ord. No. 21-006]
MANAGER
A person, partnership, firm or corporation that actively operates or manages a non-owner-occupied residential property for the owner.
[9-27-2021 by Ord. No. 21-006]
MULTIFAMILY DWELLING UNIT
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No. 16-004]
MULTIFAMILY (NON-OWNER-OCCUPIED) DWELLING COMPLEX
A non-owner-occupied complex with 20 or more units on one site under one ownership and one identified complex name. May be separate tax parcel identification numbers or separate mailing addresses, but must be on one contiguous parcel of land in one identified area.
[9-27-2021 by Ord. No. 21-006]
NON-OWNER-OCCUPIED RESIDENTIAL DWELLING OR UNIT
Any residential dwelling or unit constructed, intended, or currently used as habitable space in which the owner of the dwelling or unit does not reside regardless of whether consideration is exchanged. This term does not apply to any residential dwelling or unit which is the primary domicile of the owner and is temporarily unoccupied for a period of not more than 160 days. A residential dwelling or unit being sold on a land contract or similar instrument is not considered a non-owner-occupied residential dwelling or unit if: a) the land contract or similar instrument is recorded and a copy provided to the Planning Department as required under § 10-153; and b) the owner/seller does not obtain a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the owner/seller may terminate the land contract without proceeding through forfeiture and/or foreclosure. Examples of non-owner-occupied residential dwellings or units include, but are not limited to, the following:
[9-27-2021 by Ord. No. 21-006]
(1) 
A traditional lease with a written contract;
(2) 
A lease or rental arrangement with no written contract;
(3) 
A dwelling or unit where the owner does not reside, but any other person resides, regardless of whether the occupants are related to the owner;
(4) 
Whenever a residential dwelling or unit used for or intended for residential purposes is vacant or occupied by anyone other than the owner of record as shown in the records of the City Assessor, and the owner does not occupy the dwelling or unit, there shall exist a presumption that such dwelling or unit is a non-owner-occupied residential dwelling or unit regardless of whether monetary compensation is exchanged between the owner and the person(s) occupying the residential dwelling or unit. In addition, there shall be a presumption that the dwelling is non-owner-occupied if the property or unit was rented, leased, let, certified, or registered under this article within the last six months, and the owner has not properly applied for a change in use;
(5) 
Non-owner-occupied residential dwellings or units shall include the following properties and/or the rental of any residential dwelling unit for less than 30 days, such as: home sharing, vacation rental or short-term rentals, and transient use or transient residential occupancy, even if the owner occupies the dwelling or unit at other times;
(6) 
A residential dwelling or unit being sold on land contract or similar instrument if: a) the land contract or similar instrument is not recorded and a copy provided to the Planning Department as required under § 10-153; and/or b) the owner/seller obtains a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the owner/seller may terminate the land contract without proceeding through forfeiture and/or foreclosure.
A non-owner-occupied residential dwelling or unit rented for less than 30 days shall not be allowed in the R Zone. Any non-owner-occupied residential dwelling or unit must be certified and shall require a certification of compliance from the Rental Certification Division before the dwelling or unit can be occupied as a non-owner-occupied residential dwelling or unit. Prior to being occupied and at all times during occupation, all non-owner-occupied residential dwellings or units shall comply with all Code of Ordinances of the City of Port Huron and specifically as regulated by Chapter 10, Buildings and Building Regulations, and Chapter 52, Zoning, after a special approval use permit in certain zones with the City.
A non-owner-occupied dwelling or unit does not include hotels and motels as defined by Chapter 52, Zoning. A residential non-owner-occupied unit does not include a bed-and-breakfast facility as defined in Chapter 52, Zoning, for which a special approval use permit is required.
NON-OWNER-OCCUPIED RESIDENTIAL STRUCTURE
Any building or structure where a non-owner-occupied residential dwelling or unit is located.
[9-27-2021 by Ord. No. 21-006]
OCCUPANTS (or TENANTS)
Tenants, lessees and/or persons residing in a non-owner-occupied residential dwelling or unit.
[9-27-2021 by Ord. No. 21-006]
OWNER
Any person, firm or corporation having a legal or equitable interest in a non-owner-occupied residential structure.
[10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
PREMISES
Any lot or parcel of land that includes a non-owner-occupied residential structure.
[9-27-2021 by Ord. No. 21-006]
RENT
Includes let, lease, barter or any other arrangement whereby persons permit non-owners to reside in a non-owner-occupied residential dwelling or unit, regardless of whether consideration is exchanged.
[9-27-2021 by Ord. No. 21-006]
RENTAL CERTIFICATION DIVISION
The division of the City that is responsible for monitoring the registration and certification of residential non-owner-occupied dwellings and units within the City of Port Huron.[1]
[10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006
ROOMING HOUSE
Any dwelling occupied in such a manner that certain rooms, in excess of those used by the members of the immediate family and occupied as a home or family unit, are leased or rented, in return for some form of compensation, to persons outside of the family, without any attempt to provide therein or therewith, cooking or kitchen accommodations for individuals leasing or renting rooms. The number of such bedrooms leased or rented as rooms shall not exceed one. Rooming houses are only allowed in the A-1 and A-2 Zoning Districts. A rooming house shall only be allowed within an owner-occupied dwelling. Rooming houses are not subject to the Rental Certification Ordinance.
[10-26-2015 by Ord. No. 15-010]
TO SECURE
To board up or otherwise make the premises inaccessible by anyone other than the owner or the City Building Inspection Division for a temporary purpose and then to glaze all windows and install proper locks for a permanent solution.
[10-26-2015 by Ord. No. 15-010; 6-26-2017 by Ord. No. 17-005]
TRANSIENT USE or TRANSIENT RESIDENTIAL OCCUPANCY
Occupancy of a residential unit by any person other than the primary owner by concession, permit, right of access, license, gift or other agreement or compensation for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
[9-27-2021 by Ord. No. 21-006]
(1) 
Any non-owner-occupied residential dwelling or unit listed above or rented for less than 30 days shall not be allowed in the R Zone.
(2) 
Any non-owner-occupied residential dwelling or unit occupied unit must be certified under this article and shall require a certification of compliance before the dwelling or unit or house can be occupied as a non-owner-occupied residential dwelling or unit. Prior to being occupied and at all times during occupation, all non-owner-occupied residential dwellings or occupied units shall comply with all Code of Ordinances of the City of Port Huron and specifically as regulated by Chapter 10, Buildings and Building Regulations, and Chapter 52, Zoning, after a special approval use permit in certain zones with the City.
(3) 
A non-owner-occupied residential dwelling or unit does not include hotels and motels as defined by Chapter 52, Zoning. A residential non-owner-occupied unit does not include a bed-and-breakfast facility as defined in Chapter 52, Zoning, for which a special approval use permit is required.
VACATION RENTAL or SHORT-TERM RENTALS
A property in a dwelling unit or guesthouse intended for occupancy or that is occupied for transient use by any person other than the primary owner; or is otherwise occupied or utilized on a transient basis.
[9-27-2021 by Ord. No. 21-006]
[1]
Editor's Note: The former definitions of "residential rental structure" and "residential rental unit," as amended, which immediately followed this definition, were deleted pursuant to Ord. No. 21-006, adopted 9-27-2021.
[Code 1992, § 16-33; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362; 11-9-2015 by Ord. No. 15-011; 10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
Initial registration. The owner of any non-owner-occupied residential structure shall register each such structure with the City and shall designate a person, as defined in § 10-154, as the responsible local agent who shall be legally responsible for operating the non-owner-occupied residential structure and shall also be responsible for providing access to such premises for making the inspections necessary to ensure compliance with the terms of this article and all applicable codes and ordinances adopted by the City. A certification shall not be issued unless an applicant complies with the registration sections of this article. The seller of a residential dwelling sold on a land contract, within 30 days of its execution, shall 1) record the land contract or memorandum of the land contract with the St. Clair County Register of Deeds; 2) provide a copy of the land contract or memorandum of land contract to the Planning Department; and 3) attest as to whether the seller obtained a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the seller may terminate the land contract without proceeding through forfeiture and/or foreclosure.
[Code 1992, § 16-34; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251]
For the purposes of this article, the responsible local agent shall be an individual person who represents the owner, a real estate holding company, corporation, partnership or other legal entity and must have a place of residence in the state within 45 miles of the City limits. The responsible local agent shall be designated by the owner as legally responsible for operating such premises in compliance with all the provisions of the City codes and ordinances. The owner may act as the responsible local agent, provided he of she resides in the state and within 45 miles of the City limits. All official notices of the City may be issued to the responsible local agent, and any notice so issued shall be deemed to have been issued upon the owner of record.
[Code 1992, § 16-35; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
Non-owner-occupied residential dwellings and units required to be registered pursuant to this article shall comply with the following:
(1) 
All existing non-owner-occupied residential structures shall be registered.
(2) 
All newly constructed non-owner-occupied structures shall be registered prior to the issuance of the certificate of occupancy by the City.
(3) 
A non-owner-occupied residential structure which is sold, transferred, or conveyed shall be reregistered by the new owner within 30 days of the date of the deed, land contract, or other instrument of conveyance with both the City's Rental Certification Division and the City's Assessor's office. All documents of conveyance, including land contracts, shall be recorded with the St. Clair County Register of Deeds office and a copy of the same or a memorandum of land contract shall be provided to the Assessor's office.
(4) 
All existing structures, buildings, dwellings and/or units which are converted to non-owner-occupied residential dwellings or units shall be registered, inspected, and certified prior to the date on which the property is first occupied.
[Code 1992, § 16-36; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; x6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
(a) 
Applications for registration pursuant to this article shall be made in such form and in accordance with such instructions as may be provided by the Rental Certification Division and shall include at least the following information:
(1) 
The name, address and telephone number of the applicant;
(2) 
The names, addresses, telephone numbers and dates of birth of all owners of the non-owner-occupied residential structure;
(3) 
The name, local address, telephone number and date of birth of the responsible local agent for the non-owner-occupied structure (which shall be updated by the owner if changes occur);
(4) 
The number of non-owner-occupied residential dwellings and units at each site, the address for each such dwelling and unit, and the number of occupants in each such dwelling and unit. If the property is a single-family dwelling, the owner must also provide the legal names and contact information of the occupants.
(5) 
An authorization appointing a responsible local agent signed by both the owner and the responsible local agent.
(b) 
A registration fee for each site where non-owner-occupied residential structures are located shall be paid at the time of registration. No post office box will be accepted as a legal address. A post office box, however, may be accepted as a mailing address for legal correspondence upon written request of the property owner and maintaining the legal street address on file with the City's Rental Certification Division. Upon registration, the Building Official or authorized representative shall inform the applicant of certification requirements. The fee for each registration shall be as set by resolution of the City Council from time to time. The owner shall be responsible for notifying the City of any change of address of either the owner or the responsible local agent.
[Code 1992, § 16-37; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Registration pursuant to this article shall be made prior to the use or occupancy of any non-owner-occupied residential dwelling or unit within a non-owner-occupied residential structure except as otherwise provided by this article. The term of the registration shall be valid as long as ownership remains unchanged.
[Code 1992, § 16-38; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a) 
It shall be unlawful for the owner of any non-owner-occupied residential structure who has received a notice of violation of any code or ordinance of the City, including notices that the number of non-owner-occupied dwellings or units within such structure exceeds that permitted by Chapter 52, which pertains to zoning, to transfer, convey, lease or sell, including by land contract, his or her ownership and/or interest in any way to another, unless such owner shall have first furnished to the grantee, lessee, vendee, or transferee a true copy of any notice of violation and shall have furnished to the Building Official a signed and notarized statement from the grantee, vendee, lessee, or transferee acknowledging the receipt of such notice of violation and acknowledging legal responsibility for correction of the violation.
(b) 
The new owner, upon acknowledging and accepting property with outstanding code violations, must either correct code violations within 30 days of the transfer or, due to the extensive nature of the violations, may enter into a work agreement with the City within 10 days of the transfer in order to ensure repairs and renovations are made in accordance with all codes, ordinances and renovations standards established. Failure to do so may result in a declaration of the non-owner-occupied residential structure as a public nuisance, dangerous structure or blight. These time periods do not apply to property which has been determined by City Council to constitute a nuisance under § 10-211 and/or § 34-3 and is the subject of a demolition order, or is, at the time of the transfer, scheduled for a public hearing before City Council for such a determination.
[Code 1992, § 16-39; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 9-27-2010 by Ord. No. 1316; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007; 3-11-2024 by Ord. No. 24-002]
(a) 
No person shall lease, rent or cause to be occupied, nor occupy, a non-owner-occupied residential dwelling or unit unless there is a valid certification issued by the City Rental Certification Division in the name of the owner and issued for the specific non-owner-occupied residential dwelling or unit that is occupied. Except to the extent restricted in § 10-178, the certificate shall be issued after an inspection by the Rental Certification Division which may include inspections by the Building Inspector, Mechanical Inspector, Housing Inspector, Electrical Inspector, Plumbing Inspector, and Fire Department Inspectors when fire inspectors have jurisdiction or other building officials to determine that each non-owner-occupied residential dwelling and unit complies with the provisions of the codes and ordinances of the City. Such inspections shall commence after the effective date of the ordinance from which this article is derived and shall continue until all non-owner-occupied residential dwellings and units have been inspected and continue, thereafter, as required for renewals.
(b) 
In addition to all other remedies provided for in this chapter, if a summary proceeding action is pending for a non-owner-occupied residential dwelling or unit, and when there is no current, valid registration for a non-owner-occupied residential dwelling or unit, no rent payments shall be accepted, retained, or recoverable by the owner or lessor of the non-owner-occupied residential dwelling or unit for the period of time in which the non-owner-occupied residential dwelling or unit was not registered under this article.
(c) 
Subject to the restriction in § 10-178, a certification may be issued for a two-year period on existing one-family and two-family non-owner-occupied residential dwellings and units and existing multifamily non-owner-occupied dwellings and units (three or more and any rooming house with one or more rooms, or boardinghouse) in accordance with the following:
(1) 
The City will issue a certification valid for those years if the inspector determines during the inspection that:
a. 
Any deficiencies discovered during previous inspections of the dwelling and/or unit have been corrected;
b. 
There are no major violations of the inspection guidelines for the dwellings and/or units. Major violations are those violations which, in the inspector's professional judgment, create a risk to the health or safety of the occupants;
c. 
A non-owner-occupied residential dwelling or unit located in a multifamily residential structure will receive a certification only if all residential units within the structure have a valid certification or are also entitled to receive a certification.
(2) 
Temporary, one-year certificate. The exterior condition of all non-owner-occupied residential dwellings or units are subject to compliance with other related City codes and ordinances, including § 10-31(b) (including International Property Maintenance Code) of this chapter, and Chapter 22, Article II, Blight. If conditions are not in compliance with other City codes and ordinances, but in the opinion of the rental inspector do not present an immediate health or safety hazard, a temporary, one-year certificate may be issued. The property owner must renovate the unit(s) to established standards outlined in an executed work agreement and in accordance with City codes and ordinances within one year and, upon completion, be eligible to receive a valid certification.
(3) 
Exemplary non-owner-occupied residential dwellings or units:
a. 
A non-owner-occupied residential dwelling or unit that has had: 1) during the initial inspection only minor deficiencies (as in easily curable) and no life safety violations; 2) no valid complaints; and 3) no more than four blight code violations, for a period of four or more years, will receive the status of "exemplary non-owner-occupied residential dwelling or unit." Blight violations must be minor in nature (long grass or early trash placement) and resolved in a timely manner.
b. 
An exemplary non-owner-occupied residential dwelling or unit may be issued a certification for a four-year period instead of a two-year period provided in § 10-159(c).
c. 
An exemplary non-owner-occupied residential dwelling or unit may lose its status as the result of the occurrence of any deficiencies, valid complaints, or code violations during the four-year certification period.
d. 
A non-owner-occupied residential dwelling or unit located in a multifamily residential structure will receive an exemplary certification only if all residential units within the structure are also entitled to receive an exemplary certification.
(4) 
Probationary non-owner-occupied residential dwellings or units:
a. 
A non-owner-occupied residential dwelling or unit that has had more than one major deficiency, valid complaint or code violation during the period of its last rental certification will receive the status of "probationary non-owner-occupied residential dwelling or unit."
b. 
A probationary non-owner-occupied residential dwelling or unit may be issued a certification for a one-year period instead of the two-year period provided in § 10-159(c).
c. 
A probationary non-owner-occupied residential dwelling or unit may be removed from its status if it has both: 1) no deficiencies during any inspection; and 2) no valid complaints or code violations for a period of one or more years.
[Code 1992, § 16-40; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a) 
This article applies to all non-owner-occupied residential structures and all non-owner-occupied residential dwellings and units within the City existing on the effective date of the article.
(b) 
Any non-owner-occupied residential structure or non-owner-occupied residential structure, dwelling, or unit which is a new construction or renovation which required a comprehensive inspection and which is issued a certificate of occupancy pursuant to an inspection after the effective date of the ordinance from which this article is derived will also be issued a certification simultaneous with the certificate of occupancy, and an inspection fee pursuant to § 10-162 shall not then be required. Non-owner-occupied residential structures which are new constructions shall comply with the registration requirement pursuant to § 10-155. Newly constructed non-owner-occupied residential dwellings or units will be issued a certification valid for four years and then must adhere to the reinspection and recertification process as set forth for all other non-owner-occupied units under this article.
[Code 1992, § 16-41; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 6-26-2017 by Ord. No. 17-005; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007]
(a) 
The enforcing officer for the City Rental Certification Division shall inspect the interior and exterior of non-owner-occupied residential dwellings and units for the purpose of conducting an initial inspection in the case of new certification, or on a periodic basis pursuant to this article for the purpose of a renewal. In such case, the inspection fee shall be set by resolution of Council, subject to the restrictions of § 10-162. The City Rental Certification Division may also conduct an inspection under any of the following circumstances:
(1) 
Upon receipt of a complaint from an owner or occupant that the premises is in violation of this article.
(2) 
Upon receipt of a report or a referral from the Police Department, other public agencies or departments, or any individual indicating that the premises is in violation of this article and which is based on the personal knowledge of the person making the report.
(3) 
If an exterior survey of the premises gives the enforcing officer probable cause to believe that the premises is in violation of this article.
(4) 
Upon receipt of information by the enforcing officer that a non-owner-occupied dwelling or unit is not registered with the City or certified by the City as required by this article.
(b) 
The owner or local agent shall be responsible for scheduling an inspection for the renewal of certification. Owners of newly registered non-owner-occupied residential dwellings or units must call to schedule their own inspections. If an inspection is not scheduled, the following will take place:
(1) 
The inspector or Clerk shall notify the owner of a non-owner-occupied residential structure of the date and time such structure (including, if applicable, all non-owner-occupied residential dwellings and units therein) is to be inspected. Such notice may be personally delivered or may be sent by first-class mail.
(2) 
Upon receipt of the notice, the owner or local agent must either:
a. 
Appear at the date and time scheduled for the inspection or have a representative or the occupant at the site to allow complete access; or
b. 
Object within 10 days of the mailing or delivery of the notice and schedule an alternative date for the appointment within 30 days from the date identified in the initial notice.
(3) 
Upon receipt of the notice, the owner or occupant may complete and submit an "appeal" form to the Rental Certification Division within the ten-day time frame and claim an appeal as of right under § 10-167.
(4) 
If an owner or occupant subsequently learns he or she will not be present for a scheduled appointment, the individual must provide the inspector with at least 48 hours' advance notice and must schedule a second inspection date within 30 days from the scheduled appointment. Failure to appear for a scheduled appointment without providing the notice shall require that a reinspection fee be paid for any rescheduled date and may result in the unit's certification expiring.
(c) 
The occupant of a non-owner occupied single- or two-family dwelling unit may have the right to deny access for an interior inspection, provided that the following procedures are followed:
(1) 
The occupant must complete and submit an "access denied" form to the Rental Certification Division within the ten-day time frame. The occupant must contact the Rental Certification Division and request the "access denied" form. The form must be signed in the presence of City officials in the Planning Department or witnessed by an official notary prior to submission.
(2) 
The certification will be flagged as a one-year certificate due to "access denied" and a recheck scheduled for one year's time.
(3) 
If the dwelling or unit becomes vacant, it is the property owner's responsibility to schedule an inspection and to obtain certification prior to allowing occupancy.
(4) 
Failure to arrange for an inspection once the dwelling or unit becomes vacant shall be considered a blight violation.
(5) 
Allowing occupancy of a dwelling or unit without a valid certification after a vacancy shall be considered a blight violation.
(6) 
"Access denied" does not eliminate the requirement for an exterior inspection of the property. The inspector will complete an exterior inspection, and the certificate will not be issued unless the property meets all related codes, including blight.
(d) 
During the inspection, the enforcing officer shall note any violations of this article or other sections of this Code and give notice of the violations to the responsible local agent in accordance with § 10-154. The enforcing officer shall direct the responsible local agent and owner to correct violations within the time set forth in the notice. A reasonable time for correcting violations shall be determined by the enforcing officer in light of the nature of the violations and all relevant circumstances but shall not exceed 60 days. Upon request of the person responsible for correcting violations, the enforcing officer may extend the time for correcting violations if the enforcing officer deems such action appropriate under all relevant circumstances, but not to exceed an additional 60 days.
[Code 1992, § 16-42; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a) 
The annual operating fees for periodic inspection of each non-owner-occupied residential dwelling or unit and any other fees provided by this article shall be as adopted by resolution by the City Council and amended, as necessary, by resolution of the City Council. The annual operating fee shall cover the periodic inspection for the issuance or renewal of a certification, except that such fee shall not cover an inspection made pursuant to a final notice of violation issued under § 10-164(b).
(b) 
An administrative late fee of the unpaid balance shall be paid to the City by the person obligated to pay an annual operating fee under Subsection (a) of this section if such fee is not paid within 60 days from the billing date, as adopted by resolution of the City Council. After 90 days from the date of billing, those fees shall become a lien on the property as a single lot special assessment pursuant to § 40-19 and shall be collected as a special assessment.
(c) 
The non-owner-occupied inspection program as provided for in this article shall be operated by the City on a break-even basis. This means the annual operating fees charged shall be set at a rate to produce sufficient revenue to cover the actual, direct cost of administering the program. If the fees as set forth in this article or as amended exceed the actual, direct cost of administering the program, the City Council, by resolution, shall reduce the fees to an amount which shall produce sufficient revenue to cover the actual, direct cost of administering the program. If at any time the fees being collected are insufficient to cover the cost of the program, the City Council, by resolution, shall increase the fees to an amount which shall produce sufficient revenue to cover the actual, direct cost of administering the program. Fines and fees due to legal action, enforcement proceedings or blight violations as a result of noncompliance with this article are exempt and will not be included in this calculation.
[Code 1992, § 16-43; 2-26-2002 by Ord. No. 1194; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
(a) 
Between 60 and 30 days before the expiration date on the certification issued for a non-owner-occupied residential dwelling or unit, the owner shall apply to the City Rental Certification Division for the scheduling of an inspection for the issuance of a new certification for that non-owner-occupied residential dwelling or unit.
(b) 
Upon receipt of a timely request for an inspection for the purpose of the issuance or renewal of a certification, the City shall inspect the premises before the certification expires or is initially issued. Upon failure of the City to conduct an inspection prior to occupancy or expiration of the certification, the owner may rent the property until the City has conducted an inspection, and the owner will not be deemed in violation of § 10-159 during that time. If, however, the City's failure to inspect is due to the owner's, agent's or occupant's action, failure to act, or refusal to permit an inspection after reasonable notice of the intent to inspect, the owner shall not rent the property without a current certification as required by § 10-159.
[Code 1992, § 16-44; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a) 
Notice of violation. Whenever the Building Official or enforcing officer determines that there has been a violation of any section of this article, he or she shall give notice of such alleged violation and orders for correction of the violation as provided in this section, except this section shall not apply in any way to the prosecution of violations of § 10-161 or § 10-166 or violations of the registration requirements set forth in this article as such may be prosecuted without notice. Such notice shall:
(1) 
Be in writing.
(2) 
Include a statement of the conditions that constitute violations of this article.
(3) 
State the date of the inspection, the name of the inspector, the address of the dwelling, and the date set for reinspection.
(4) 
Specify a time limit for the performance of any act it requires.
(5) 
Notify the responsible local agent or the occupant, as the case may require, of his or her right to appeal from the notice or order to the Construction Board of Appeals.
(6) 
Be served upon the owner or the occupant, as the case may require, and on the responsible local agent and that such notice shall be deemed to be properly served if a copy thereof is i) served personally, or ii) sent by first-class mail to the last known address. Notice given to the responsible local agent is deemed as notice given to the owner.
(b) 
Final notice of violation. Upon observing the continued existence of a violation of this article or applicable code as stated in the notice of violation, the Building Official or enforcing officer shall send a final notice of violation and may issue an order to vacate sent by regular, first-class mail to the last known address of the owner, the occupant, and responsible local agent and shall:
(1) 
Specify the date of the inspection.
(2) 
Specify the address where the violation was found.
(3) 
Include the name, telephone number and signature of the inspector.
(4) 
Include a description of each violation observed by the inspector.
(5) 
State that each violation is a separate punishable offense.
(6) 
Order the premises to be vacated within a time to be set by the inspector, the length of which shall be determined by the extent of the danger to the occupants, but in no case shall it exceed 30 days, or alternatively:
a. 
Order correction of all violations within a time period not to exceed 30 days.
b. 
State that a reinspection will be made to determine whether all violations have been corrected by the specified date. A reinspection fee as adopted by resolution by the City Council and amended, as necessary, by resolution of the City Council will be required to be paid prior to a reinspection, and the owner or local agent shall be responsible for contacting the Rental Certification Division for scheduling the reinspection within 10 days of the date on the notice.
c. 
State that failure to comply with the notice will result in a fine for failure to correct the final notice of violation, or prosecution. The fine for failure to correct a final notice of violation shall be established by a resolution of the City Council.
d. 
Employ any other additional or optional corrective or enforcement measure as provided for under this Code or by law.
e. 
Each reinspection, as needed, will require an additional reinspection fee to be paid prior to a reinspection.
(c) 
Posting final notice of violation. Upon issuing a final notice of violation for a non-owner-occupied residential dwelling or unit or its accessory building, the City may affix a copy of the notice on the non-owner-occupied residential dwelling or unit or non-owner-occupied structure.
(d) 
Nuisance per se. Notwithstanding any section in this article to the contrary, any non-owner-occupied residential dwelling or unit that is found to be in such condition as to preclude habitation or threaten the health, safety or welfare of the occupants or community shall be considered a nuisance per se and, as such, subject to abatement in a manner prescribed by the Charter, state statute and/or law.
[Code 1992, § 16-45; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 10-24-2016 by Ord. No. 16-004; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
The City Rental Certification Division shall use the most current International Property Maintenance Code, as adopted by the State of Michigan, as inspection guidelines to be used in inspections relating to the enforcement of this article. The inspection guidelines are incorporated by reference and shall be effective upon adoption of the ordinance from which this article is derived. The adoption of the inspection guidelines shall not be construed to relieve the owner from compliance with any other requirements of codes adopted by the City, including but not limited to housing, electrical, building, plumbing, mechanical, blight, property maintenance, fire codes and zoning requirements as necessary due to renovations requiring permits.
[Code 1992, § 16-46; 2-26-2002 by Ord. No. 1194]
(a) 
Under this article, any tenant or other person who shall maliciously or vexatiously cause an inspection to be made for the purpose of harassing any individual, corporation or governmental agency when no violation is present or is de minimis shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to § 1-16.
(b) 
City inspectors are duly authorized to inspect properties in conjunction with this article. Inspectors shall not be harassed, stalked, threatened, hindered, assaulted or otherwise interfered with in the performance of their duties. Notwithstanding any other section in this article, a violation of this subsection shall be a misdemeanor punishable according to § 1-16.
[9-27-2021 by Ord. No. 21-006]
[Code 1992, § 16-47; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007]
(a) 
If the owner disagrees with the opinion of the Building Official as to either a notice of inspection or the existence of an alleged violation or the period of time that will be reasonably required for the owner to correct the alleged violations as set forth in the notice of violation and order to repair given pursuant to this article, or a finding of a public nuisance under § 10-168(b), the owner may appeal to the Construction Board of Appeals, which is hereby designated to hear such appeals. An occupant of a non-owner-occupied residential dwelling or unit shall have standing to appeal any notice or order to vacate the dwelling.
(b) 
Any owner or occupant requesting such appeal shall file a written request therefor to the City Rental Certification Division within 10 days after the date of receipt of the notice of violation or within the time for taking any action indicated on a notice or order, whichever time is shorter, and on a form designated by the Rental Certification Division, and paying a nonrefundable application fee as set by resolution of the City Council.
[Code 1992, § 16-48; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006]
(a) 
If the owner does not correct a violation of any section of this article, the Building Official or their designee shall revoke any existing certification and may bring an action to seek the enforcement of this article by abatement, mandatory injunction to cause correction of a violation, enjoinment of the violation to prevent an act or violation, the vacation of the premises by all occupants and its discontinuance as a non-owner-occupied residential structure and/or non-owner-occupied residential dwelling or unit, or such other action as provided for under this article. Any structure not in compliance with this article is deemed a nuisance per se. If a residential unit is vacant and not certified, or the certification has expired, or an inspection to certify has not been completed, then the unit may be yellow-tagged to signify that it may not be occupied until a rental inspection has been completed and/or a certificate has been renewed or issued.
(b) 
A certificate may be revoked if the property is declared a "public nuisance" by the City Manager, Police Chief, and the Building Official, or their designee, under this subsection based upon the conduct and activities within a rented property. Evidence of repeated code violations, including blight, or multiple valid police calls or incidences, illegal activity or other activity that threatens the health, welfare or safety of the surrounding residents, whether the result of the activities of the owner, the agent, the occupants, or their guests, may constitute a public nuisance under this subsection. A certificate revoked under this subsection shall be revoked for a minimum period of at least 12 months. Any property owner who wishes to challenge a finding of a public nuisance under this subsection may utilize the procedure set forth in § 10-167 to appeal said finding.
[Code 1992, § 16-49; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 11-9-2015 by Ord. No. 15-011; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006]
(a) 
Any violation of this article shall be considered a blight violation as provided for in § 2-901 of the City of Port Huron Code of Ordinances. Each day a violation continues shall be considered a separate offense. In the case of a multi-unit non-owner-occupied structure, each unit that is in violation of any provisions of this article shall be considered a separate offense.
(b) 
Any owner who has not paid in full any outstanding fees or fines to the City of Port Huron related to a non-owner-occupied residential dwelling or unit or structure, including any fees assessed as result of blight violations for a period of more than 90 days after either the date of issuance or the end of any appeal period if an appeal is filed, whichever is later, shall have all of their certifications on all other non-owner-occupied dwellings or units and structures automatically revoked.
(c) 
In addition to any other penalties, any owner who permits a non-owner-occupied residential structure or non-owner-occupied residential dwelling or unit to be occupied for more than 60 days after notice of an order to vacate shall be guilty of a separate misdemeanor.
(d) 
In addition to fine, imprisonment or corrective action to abate or enjoin the violation, the City's Attorney may seek to recover the costs of prosecution or other civil action in either district or circuit court. Pursuing any violation of this article as a blight violation with the Administrative Hearings Bureau shall not prohibit the City from seeking compliance with this article via court action.
(e) 
Water may be shut off for non-owner-occupied residential dwellings or units for failing to have a current certification or failure to correct identified inspection violations, as follows:
(1) 
The Public Works Director, or any public works employee, shall shut off and seal the water valve to any one-, two-, or multiple-unit non-owner-occupied residential dwelling or unit upon request of the City Rental Certification Division whenever the property lacks a valid certification or fails to correct noted violations as required by ordinance.
(2) 
Water shall not be shut off until the dwelling or unit is vacant.
(3) 
Water shall not be turned on until a valid certification has been issued for the dwelling or unit and all fees and charges have been paid to date.
(4) 
Water service may be reinstated prior to the issuance of a certificate only in the event the owner provides a cash bond in the amount of $1,000 posted to the City Treasurer, upon the condition that the property will not be occupied prior to the issuance of a valid certificate.
(5) 
In the event that the said property is occupied prior to the issuance of a certification, the cash bond of $1,000 is forfeited, and notice of the same shall be given to the owner by regular, first-class mail.
(6) 
The owner may appeal the forfeiture to City Council, whose decision shall be final.
(7) 
The bond shall be returned to the owner, if it has not been forfeited, only upon the issuance of a certificate.
[Code 1992, § 16-50; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
The City Building Official may declare a non-owner-occupied residential structure or non-owner-occupied residential dwelling or unit to be unfit for human occupancy or entry (i.e., red-tagged):
(1) 
When a condition exists that constitutes an immediate threat to life or an immediate threat of serious injury to the person or any occupant.
(2) 
When an emergency or hazardous condition has not been corrected as ordered.
(3) 
When a vacant dwelling or vacant unit has not been secured as ordered in a notice of violation.
(4) 
As otherwise provided for in this article.
(5) 
When any other hazardous or dangerous or unsanitary condition exists as defined in any other code or ordinance adopted by the City. Examples of property conditions that may result in vacating of a building include, but are not limited to:
a. 
Lack of essential electrical service;
b. 
Lack of essential gas service;
c. 
Lack of essential water service;
d. 
Evidence of a lead hazard as demonstrated by a child with an elevated blood level who resides in or visits the dwelling as reported by the St. Clair County Health Department or other health agency;
e. 
Evidence of infestation by rodents or bugs;
f. 
Evidence of a sewage backup;
g. 
Evidence of active methamphetamine components, or other drug-related or hazardous materials; and
h. 
Evidence of other living conditions which are unsanitary and unfit for human habitation.
[Code 1992, § 16-51; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
No person shall occupy or permit or allow another person to occupy any non-owner-occupied structure or non-owner-occupied residential dwelling or unit which has been declared to be unfit for human occupancy or entry.
[Code 1992, § 16-52; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Upon declaring a non-owner-occupied residential structure or non-owner-occupied residential dwelling or unit to be unfit for human occupancy and entry, the City shall issue a notice to vacate to the occupants by certified mail and by posting the notice to vacate at an entry of each dwelling unit. The notice shall order the occupants to vacate the affected structure, dwelling, and/or units no later than 72 hours after such notice.
[Code 1992, § 16-53; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Upon declaring a non-owner-occupied residential structure or non-owner-occupied residential dwelling or unit as unfit for human occupancy and entry, the City shall issue a notice to secure to the owner. The notice to secure shall order the owner to secure the structure, dwelling, and/or units, as applicable. The notice shall order the securing of a vacant structure or unit within 48 hours and the securing of an occupied dwelling or unit within 48 hours of becoming vacant.
[Code 1992, § 16-54; 2-26-2002 by Ord. No. 1194]
Upon issuing a notice to vacate or a notice to secure pursuant to this article, the City shall place signs upon or near the entryways to any dwelling or unit cited in the notice. The sign shall state the address or unit number of the structure or unit and the name of the owner. It shall inform the public that it is a violation of this Code to enter the building or unit unless authorized in writing by the City.
[Code 1992, § 16-55; 2-26-2002 by Ord. No. 1194]
If the owner has failed to comply with a notice to secure given pursuant to this article, the City may secure the structure or unit. The cost of such action shall be a personal debt of the owner to the City and may be assessed as a lien against the property as in a single lot special assessment pursuant to § 40-19 and may be collected as in a special assessment.
[Code 1992, § 16-56; 2-26-2002 by Ord. No. 1194]
(a) 
Issuance of a certification pursuant to this article shall not constitute a guarantee or warranty of the habitability or complete compliance of the building or structure to code requirements, and the occupant of any non-owner-occupied residential dwelling or unit shall not rely on any certificate as such a guarantee or warranty by the City. The certification shall contain a notice to this effect.
[9-27-2021 by Ord. No. 21-006]
(b) 
The City shall not assume any liability to any person by reason of the inspections required by this article or issuance of a certification.
[Code 1992, § 16-57; 2-26-2002 by Ord. No. 1194]
(a) 
This article shall not impair or diminish the authority of the building official or duly authorized representative to employ any alternative action or corrective measure provided for under any housing or building codes as adopted or recognized by the City, where applicable.
(b) 
This article shall not be construed so as to limit the application and enforcement of the City Zoning Ordinance in Chapter 52, the Blight Ordinance in Article II of Chapter 22, or housing and building codes adopted or recognized by the City which touch upon the maintenance of residential dwellings or the health, safety, and welfare of occupants residing in residential dwellings, where applicable.
[12-16-2013 by Ord. No. 1362; 10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
In Zoning District R, Single-Family Residential District, and in Zoning Districts RO-1, Residential Rental Restriction Overlay Districts, where new owner-occupied residential structures are prohibited, no new certifications shall be issued except a certification obtained through the following procedure established for a hardship exception:
(1) 
Any property owner desiring a "hardship exception" must submit their request for a hardship exception in writing to the Planning Department for administrative review, which shall make a determination of whether a hardship exists as defined by this article. If denied, the applicant may appeal the decision to City Council.
(2) 
A "hardship" for purposes of this article shall be defined as the inability of the owner to purchase or pay for one or more of the following without the ability to obtain payment of rents on the subject property:
a. 
Medical care or a medical device for the owner or the owner's dependents;
b. 
Debts of the owner resulting from a mortgage, land contract or other loan used to purchase the subject property where there is no other available source to pay such debts; or
c. 
Debts of the owner due to child support, alimony, a tax lien, funeral expenses, or a judgment.
(3) 
A "hardship" shall also include the following circumstances: Where a homeowner owns property that is occupied by the owner and a change in the owner's personal circumstances requires a rental to preserve the financial stability of the owner. For example, this section would apply to a person who is required to temporarily relocate their residence for a period of time and needs to rent their home in their absence.
(4) 
The hardship exception allows the issuance of a certification for a period of 12 months or less, and only one appeal per property is permitted per year.
(5) 
Any owner who has already been renting property without having obtained the required certification is disqualified from seeking a hardship exception.
(6) 
It shall be the burden of the person seeking the hardship exception to provide proof of the hardship, including submission of financial documentation necessary for the administration to make a reasoned decision on the request.
(7) 
Any person requesting a hardship exception shall have a response from the administration within 30 days of the initiation of the request. If denied, the decision may be appealed to City Council, which shall issue a final and binding written decision.
(8) 
In an R Zone, a property granted a hardship exception shall not be allowed to rent the property or structure for less than 30 days or use the property as a vacation rental, home sharing, or other transient occupancy as defined in Chapter 10, Article V.
[10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
(a) 
In zoning districts where a certification is no longer permitted by ordinance, a prior nonconforming use as a non-owner-occupied residential structure must be proven by the property owner by showing both that the property was registered and used as a non-owner-occupied residential structure as of the effective date of any such ordinance change.
(b) 
Where a property owner is able to establish a prior nonconforming use as set forth in Subsection (a) above, the City will consider the use to be abandoned where any of the following occur:
(1) 
The property owner fails to renew a certification and allows the certification to be expired for a period of 12 months or more;
(2) 
The property is occupied by the owner for a period of six months or more;
(3) 
The property is subject to a land contract and occupied by the land contract purchaser; or
(4) 
The property owner engages in any action manifesting a decision to voluntarily abandon the use of the property as a rental unit.