City of Lapeer, MI In General

Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language; provided, however, that the technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning. Words imparting the masculine shall extend to and be applied to the feminine and neuter genders.

As used in this chapter, the following terms shall have the meanings indicated:

ANIMAL

Any living species other than human, insect or plant.

ANNIVERSARY DATE

The date by which the requirements for application, inspection, and certification for the annual rental inspection shall have been met.

BUILDING CODE OFFICIAL

The rental inspector designated by the Building Official or by any person designated by the City Manager as a Building Code Official.

BUILDING MATERIAL

Includes, but is not limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, fence posts and fencing.

CITY

The municipal corporation that is the City of Lapeer and includes all authorized agents of the City when acting within the scope of their authority.

CONSTRUCTION BOARD OF APPEALS

A board consisting of three members whose function is to hear and decide appeals of orders, decisions or determinations made by the Building Code Official relative to the application and interpretation of various codes referred to within this Housing Ordinance and in accordance with § 8-5 of Chapter 8, Buildings and Building Regulations, of the Code of the City of Lapeer.

DWELLING

Any structure, including the yard or part thereof, used for residential purposes, whether occupied or not.

DWELLING, MULTIPLE-FAMILY

A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY

A building designed exclusively for and occupied exclusively by one family.

DWELLING, TWO-FAMILY

A building designed exclusively for occupancy by two families living independently of each other.

EMERGENCY

A condition of imminent danger calling for immediate action to avoid death, injury, or illness to a human or the destruction or severe damage of real or personal property.

EXIT

That portion of a means of egress which is separate from all other spaces of a building or structure by construction or equipment.

EXIT ACCESS

That portion of a means of egress which leads to an exit.

EXIT DISCHARGE

That portion of egress between the termination of an exit and a public way.

EXTERMINATION

The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest-eliminative methods approved by the Building Code Official.

FAMILY

(1)

An individual or group of two or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants who are domiciled together as a single housekeeping unit in a dwelling unit; or

(2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing, nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, halfway house, lodge, coterie, organization, group of students, or other individual whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of school term or during a period of rehabilitation or treatment or is otherwise not intended to be of a permanent nature.

FIRE HAZARD

A condition which may cause loss, damage, or injury to persons or property by reason of fire, explosion, or action of the elements.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

GOOD REPAIR

To be property installed, safe, stable and maintained sufficiently free of defects or deterioration so as to be in compliance with the applicable codes set forth in § 9-6.

HARDSHIP

Any factor deemed by the Housing or Construction Board of Appeals to permit variation from the provisions of the Housing Ordinance.

HOUSING BOARD OF APPEALS

A board consisting of five members whose function is to hear and decide appeals of orders, decisions or determinations made by the Building Code Official relative to the application and interpretation of the clerical or administrative portions of this Housing Ordinance and in accordance with Article V of this Housing Ordinance.

INFESTATION

The presence, within or around the dwelling, of any birds, rodents, cockroaches, fleas, lice, bedbugs, or vermin.

INSPECTOR

A housing inspector or any other employee of the City whose responsibilities include enforcement of this Housing Ordinance.

JUNK

Includes any abandoned, discarded, unusable, or unused objects or equipment, including, but not limited to, furniture, stoves, refrigerators, freezers, cans, implements, parts of motor vehicles, machinery, cloth, rubber, bottles, any metals, boxes, cartons, or crates.

MEANS OF EGRESS

(1)

A continuous and unobstructed path of travel from any point in a building or structure to a public way, and consisting of three separate and distinct parts:

The exit access;

The exit; and

The exit discharge.

A means of egress comprises the vertical and horizontal means of travel and shall include intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts, and yard.

NUISANCE

(1)

Any public nuisance known at common law or equity.

(2)

Any condition which might attract, and be dangerous to children, whether in a dwelling, on the premises upon which a dwelling is located, or upon an unoccupied lot near a dwelling. This includes, but is not limited to, abandoned wells, cisterns, shafts, basements, excavations, abandoned refrigerators and motor vehicles or parts thereof; structurally unsound fences, outbuildings or structures; lumber, rubbish, fences, debris, vegetation, mounds of gravel, sand or earth which might prove a hazard for inquisitive minors, and whatever is dangerous to human life or is detrimental to health.

(3)

Overcrowding a room with occupants.

(4)

Lack of adequate egress.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewage or plumbing facilities.

(7)

Improper disposal of garbage and rubbish.

(8)

Whatever renders air, food, or drink unwholesome or detrimental to health, as determined by the Building Code Official.

(9)

Insufficient support, inadequate sewage drainage, heating or wiring.

OCCUPANCY or OCCUPY

The fact or act of a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being is physically present or temporarily absent.

OCCUPANT

A person who occupies a dwelling.

OWNER or OWNERSHIP

Any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common or as a land contract vendee. "Owner" shall also mean any person who in fact has been empowered to act on behalf of, or as the agent of, the owner. "Owner" shall also mean any person who has or exercises care, custody, dominion or control over any property.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land, easement or public way, including any structures thereon.

RENTAL DWELLING

A dwelling containing dwelling units which are leased or rented that is not owner occupied, including consumer housing cooperatives and limited dividend housing corporations as defined in MCLA § 125.1411.

RESIDENTIAL

All dwellings, structures containing dwelling and rooming units, accessory structures and yards.

RESPONSIBLE LOCAL AGENT

A person having his place of residence or principal place of business in the City of Lapeer, who is legally responsible for operating a dwelling in compliance with all the provisions of this chapter.

RESPONSIBLE PARTY

Any person, including, but not limited to, owner, land contract holder, land contract vendee, tenant or responsible agent, who has the responsibility to construct and/or maintain a dwelling in compliance with this Housing Ordinance shall be determined from information placed on file with the Assessor's Office, Treasurer's Office, and/or County Register of Deeds Office.

ROOMING DWELLING

A dwelling containing rooming units.

ROOMING UNIT

A room or group of rooms located within a rooming dwelling used or intended to be used for living and sleeping, but not for cooking purposes.

RUBBISH

Combustible and noncombustible waste materials except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, etc.

RUBBISH CONTAINER

A watertight container with tight-fitting lid for the temporary storage of garbage and rubbish that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions.

SANITARY

Free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors or which provides food for, or is an available source of food for animals or insects.

STRUCTURE

Anything constructed or erected, the use of which requires a permanent location on the ground.

UNFIT DWELLING

Any dwelling, dwelling unit, or rooming unit, in whole or in part, which shall be found to have any of the following defects:

(1)

One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or to the public.

(2)

One which lacks light, ventilation, heating, or sanitation facilities adequate to protect the health or safety of the occupants or of the public as prescribed by the provisions of this chapter.

(3)

One which does not include a stove or other cooking facilities, a refrigerator, or space for dry food storage; except, however, where said facilities are not required by this chapter for a particular type of dwelling unit.

(4)

One which exposes or could expose the occupants to dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, or other harmful pollutants.

(5)

One which, because of its location, exposes or could expose the occupants to serious adverse environmental conditions, natural or man-made, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards, mudslides, or excessive noise, vibration or vehicular traffic.

UNSAFE

A condition which is reasonably likely to do harm to humans or property if not corrected or stopped.

VERMIN

Rodents, birds and insects which may be destructive of real or personal property or injurious to health.

YARD

All parts of a piece of property lying between a dwelling foundation and the property lines, as well as that portion of public property or a right-of-way lying between that piece of property and the street curb or pavement or lying between the piece of property and the center line of an alley.