Inspections will be made to obtain and maintain compliance with the standards of this Housing Ordinance based upon one or more of the following:
A. 
Probable cause to believe there is a violation of the standards of this Housing Ordinance.
B. 
An observation by the City of a violation of the standards of this Housing Ordinance.
C. 
A report or observation of a dwelling that is unoccupied and unsecured or a dwelling that is fire-damaged.
D. 
The need to determine compliance with an order or notice issued by the City.
E. 
Designation by the City Commission of an area where all dwellings are to be inspected uniformly or intensively or for specific violations.
F. 
An emergency observed or reasonably believed to exist.
G. 
A request for an inspection by a responsible party.
H. 
Requirements of law where a dwelling is to be demolished by the City or where ownership is to be transferred to the City.
I. 
Rental dwelling inspection. Except for facilities operated and maintained pursuant to Chapter 2, Administration, Article VI, Housing Commission, of the Code of the City of Lapeer, the Building Code Official shall inspect each dwelling unit of residential rental property in the City.
J. 
Exemptions.
(1) 
All newly constructed rental dwelling units shall be exempt from annual inspections for a period of two years from the issuance of certificate of occupancy.
(2) 
All existing rental dwelling units which have been inspected and certified as being in compliance of this Housing Ordinance shall be certified for a period not to exceed two years. Compliance shall mean that no violations of this Housing Ordinance exists that would require a reinspection.
(3) 
Any exemption as set forth above may be revoked, restricted or modified by the Building Code Official for violations of this chapter. An owner may appeal a loss of exemption to the Housing or Construction Board of Appeals as described herein.
If said dwelling unit or dwelling does not comply with the Housing Regulations, the Building Code Official shall notify the applicant and reinspect the dwelling or dwelling unit for compliance within a reasonable time considering the circumstances, but not to exceed 90 days. The method for determining the conditions that require reinspection will be determined on the severity of the noncompliant conditions.
Fees for inspections and reinspections required by this chapter and all administrative fees shall be in accordance with the fee schedule adopted by the City Commission of the City of Lapeer and are not subject to appeal to the Housing or Construction Board of Appeals.
Authorized inspections inside a dwelling shall be made during reasonable hours. Entry without the consent of an occupant or responsible party shall require an administrative search warrant.
If the owner or occupant fails to comply with the City of Lapeer's Housing Ordinance inspection requests for a dwelling unit or residential rental property, the enforcing agency shall obtain a search warrant from a court of competent jurisdiction. The enforcing agency shall prepare the affidavit and warrant stating:
A. 
The address of the building to be inspected;
B. 
The nature of the inspection as defined in the Housing Ordinance;
C. 
The reasons for the inspections;
D. 
That it is issued pursuant to this § 9-30.
Upon observing the existence of a violation of the standards of this Housing Ordinance, the Building Code Official shall issue an order to repair or correct conditions to the responsible party. The order to repair or correct conditions shall be issued:
A. 
By delivering the order to the responsible party personally.
B. 
By sending the order by regular mail to the responsible party.
The order to repair or correct conditions shall:
A. 
Specify the date of the inspection.
B. 
Specify the address where the violation was found.
C. 
Include the name, telephone number and signature of the inspector.
D. 
Include a description and the location of each violation observed by the inspector.
E. 
State that each violation is a separate punishable offense.
F. 
Order the responsible party to correct all listed violations by a specified date and to contact the Building Department to determine if the necessary work requires a permit or that the work be performed by a licensed contractor.
G. 
State that reinspection will be made to determine whether all violations have been corrected by the date specified.
H. 
Notify the responsible party that orders or notices issued for violations of the following ordinance sections may not be appealed to the Housing or Construction Board of Appeals:
(1) 
"Emergency orders" as stated in § 9-37.
(2) 
"Storage or accumulations of junk prohibited" as stated in § 9-20.
(3) 
"Maintenance of utilities, required facilities and services" as stated in § 9-10.
(4) 
"Securing dwellings" as stated in § 9-23.
If the Building Code Official determines that violations exist at a dwelling, and is unable to personally serve the responsible party with an order to repair or correct conditions, the Building Code Official shall post an order to repair or correct conditions in a conspicuous place on or near the affected dwelling. The order shall state the following:
A. 
The address of the dwelling.
B. 
The names of the owner, occupant or responsible party ordered to make repairs.
C. 
Date by which the violations are to be corrected.
D. 
How further information can be obtained.
A. 
Except as otherwise provided in § 9-38, a responsible party shall be deemed to receive an order or notice:
(1) 
On the date personal service is made.
(2) 
The day following the date the order or notice is mailed to the responsible party.
B. 
All notices and orders of the Building Code Official served on the responsible local agent shall be deemed to have been served upon the responsible party.
The assistance and cooperation of police, fire, health department and all other officials shall be available as deemed necessary by the Building Code Official.
When an emergency is reasonably believed to exist or is known to exist within a dwelling, the City shall have the right to enter immediately and at any time without an administrative search warrant or without requesting permission.
If the Building Code Official determines that a condition exists or is likely to exist which is an emergency, the Building Code Official shall immediately attempt to verbally inform the responsible party and all occupants of the dwelling of the nature of the emergency condition. The Building Code Official shall immediately attempt to verbally order the responsible party to correct the condition. Such an order shall be effective immediately. Written notice called for by this Housing Ordinance shall be prepared and mailed to the responsible party as soon as practical after verbal notice has been attempted. Failure to comply with an emergency order is a violation of this Housing Ordinance.
A. 
All orders issued regarding violations of this Housing Ordinance shall provide a specified time for achieving compliance in relation to the seriousness of the violation. The following time limits shall be used:
(1) 
Twenty-four to 72 hours after an order is mailed for an emergency violation of § 9-10, or for not providing adequate heat.
(2) 
Not more than seven calendar days after an order is mailed for securing a vacant dwelling as per § 9-23.
(3) 
Not more than 30 calendar days for all other violations, except as stated in Subsections B and C below.
B. 
Orders to repair or correct conditions issued between October 31 and April 1 for exterior work adversely affected by cold or snow may provide additional time for the completion of such work, but in no case longer than June 30.
C. 
The Building Code Official may extend the reinspection time provided in a written notice when there are extenuating circumstances or where the responsible party has made a substantial documented effort to correct violations. Typically, extensions will not extend beyond 90 days of the date of initial inspection.
Upon failure of the responsible party to comply with an order or notice, the Building Code Official shall issue an appearance ticket or refer the matter to the City Attorney for prosecution or other appropriate legal action.
No person shall remove, damage, deface, interfere with, move or conceal any order or notice posted pursuant to this Housing Ordinance without first obtaining written permission of the Building Code Official. Any sign or notice posted pursuant to this Housing Ordinance shall include a statement of this provision.
The Building Code Official shall immediately issue a new order to repair or correct conditions to any person assuming ownership or the status of responsible party for any dwelling which has been cited in an order to repair or correct conditions. A responsible party who has failed to comply with an order to repair or correct conditions shall not be relieved of the responsibility of having violated a provision of this Housing Ordinance by transferring title to another person.
The Building Code Official may declare a dwelling unsafe when the responsible party has failed to comply with § 9-24.
The notice of unsafe conditions shall:
A. 
Specify the date of the inspection;
B. 
Specify the address where the violation was found;
C. 
Include the name, telephone number and signature of the inspector;
D. 
Include a description and the location of each violation observed by the inspector;
E. 
State that each violation is a separate punishable offense;
F. 
Order the responsible party to correct all listed violations by a specified date;
G. 
State that a reinspection will be made to determine whether all violations have been corrected by the date specified;
H. 
Specify that the responsible party shall make the dwelling safe by repairing or removing it in accordance with this Housing Ordinance and other pertinent provisions of Lapeer City Ordinances;
I. 
State the date in which the unsafe conditions are to be repaired or the dwelling removed;
J. 
Specify that the City may demolish or make the dwelling safe if the responsible party has failed to comply with a notice of unsafe conditions. Any costs incurred by the City shall be a personal debt of the responsible party to the City and shall be assessed as a lien against the property; and
K. 
Shall inform the responsible party where to obtain the applicable building, electrical, mechanical and plumbing permits for repair, construction or demolition.
If the Building Code Official declares a dwelling unsafe and is unable to personally serve the responsible party with a notice of unsafe conditions, the Building Department shall send the responsible party the notice by regular mail and shall post a sign in a conspicuous place on or near the affected premises. The sign shall state the following:
A. 
Address of the dwelling;
B. 
Date by which the violations are to be corrected; and
C. 
How further information may be obtained.
The Building Code Official may issue an order to vacate when the Building Code Official has declared a dwelling unsafe pursuant to § 9-42. Such an order may be served personally on the responsible party or by regular mail. A copy of the order shall be posted in a conspicuous place on or near the affected dwelling and shall state the following:
A. 
Date of which the dwelling shall be vacated;
B. 
Address of the dwelling;
C. 
How further information may be obtained.
No person shall occupy or permit or allow another person to occupy a dwelling which has been declared unsafe under § 9-42.
If a responsible party fails to comply with an order to vacate, the Building Code Official may issue an appearance ticket or refer to the City Attorney's office for prosecution or other appropriate legal action.
The Building Code Official may issue an order to secure when he has declared a dwelling unsafe pursuant to § 9-42. Such an order may be served personally on the responsible party or by regular mail. The Housing Official shall post an order to secure on or near the affected premises. The order shall state:
A. 
The address of the dwelling;
B. 
The name of the responsible party ordered to secure the dwelling;
C. 
The date by which the dwelling is to be secured; and
D. 
How further information may be obtained.
Where the responsible party has failed to comply with an order to secure, the City may secure the dwelling. Any costs incurred by the City for securing the dwelling shall be a personal debt of the responsible party to the City and may be assessed as a lien against the property.
If the City demolished or repairs an unsafe dwelling, the cost of demolition or making a dwelling safe pursuant to the provisions of this Housing Ordinance shall be a personal debt of the responsible party of the City and may be assessed as a lien against the property.
Application for registration shall be made on such forms and in accordance with such instructions as may be provided by the City's Building Department and shall include:
A. 
The address of the rental dwelling or rooming dwelling;
B. 
The total number of dwelling units or room units;
C. 
The identification of each dwelling unit by letter or number;
D. 
The name, residence address, business address, business telephone number of the property owner;
E. 
The name, residence address, business address, business telephone number of a responsible party if other than the owner;
F. 
The address where the owner/responsible party will accept notices or orders from the City;
G. 
The date of registration;
H. 
Identification of any dwelling unit or rooming units not to be rented;
I. 
Date of birth of the owner;
J. 
Date of birth of the responsible party; and
K. 
Tenant's name and apartment (unit) number.
Fees for registration required by this chapter and all administrative fees shall be in accordance with the fee schedule adopted by the City Commission of the City of Lapeer and are not subject to appeal to the Housing or Construction Board of Appeals.
No responsible party shall provide inaccurate or incomplete information for the registration of rental dwelling and rooming dwelling or fail to provide information required under § 9-53. In those cases in which the responsible party is not a natural person, the information required for the registration shall be provided for the organization owning the rental dwelling or rooming until and for the president, general manager or other chief executive officer of the organization. Where more than one natural person has an ownership interest, the required information shall be provided for each person.
If any change occurs in registration information provided under § 9-51, the responsible party shall file an amended registration form with the Building Department within 30 days after the change occurs. A new owner of a registered rental or rooming dwelling shall reregister the dwelling within 30 days of assuming ownership.
The Certificate of Compliance shall include the name, residence address, business address, and business telephone number of the property owner.
A. 
The Building Code Official shall issue a certificate of compliance for rental dwellings and rooming dwelling when:
(1) 
A proper registration application has been filed;
(2) 
The responsible party has paid all fees to the administrative agency; and
(3) 
The rental dwelling or rooming dwelling has been inspected by the Building Code Official and complies with the provisions of this chapter and applicable code.
B. 
The Building Code Official may issue a temporary or conditional certificate of compliance for rental dwellings and rooming dwellings when:
(1) 
A proper registration application has been filed;
(2) 
The responsible party has paid all fees to the administrative agency; and
(3) 
The rental dwelling or rooming dwelling has been inspected by the Building Code Official and found to be safe, sanitary, and generally fit for human occupancy even though it may not totally comply with all the provisions of this chapter or applicable code, and that the temporary occupancy thereof would not pose a threat to the public health, safety and welfare.
C. 
The Building Code Official may revoke a certificate of compliance, or a temporary or conditional certificate of compliance, when the rental dwelling or rooming dwelling no longer complies with the provisions of this chapter or applicable code and/or when the conditions attached to the temporary or conditional certificate of compliance have not been met.
D. 
No responsible party shall let or rent to any person a vacant dwelling unless it has been inspected or granted a certificate of compliance, or a temporary or conditional certificate of compliance, by a duly appointed inspector of the City.
E. 
No responsible party shall let or rent to any person a vacant dwelling unit unless it is safe, clean and fit for human occupancy and complies with all of the applicable provisions of this chapter and applicable code.
F. 
It shall be unlawful for any person to occupy any rental dwelling unit unless a certificate of compliance, or temporary or conditional certificate of compliance, has been issued with respect to said dwelling unit.
G. 
It shall be unlawful for any person to occupy any rental dwelling unit if the certificate of compliance, or temporary or conditional certificate of compliance, has been revoked by the Building Code Official.
H. 
A certificate of compliance shall expire one year from the date of its anniversary date, unless an exemption is granted per § 9-26J. A temporary or conditional certificate of compliance shall expire on the date specified thereon, but in no event more than one year from the date of its issuance.
Mixed uses, dwelling and commercial, business or otherwise, must obtain a certificate of compliance for both dwelling use and the other mixed use or uses.
A responsible party may appeal an order or notice issued pursuant to this Housing Ordinance, except those matters for which this chapter does not allow an appeal, if such person:
A. 
Believes that the order or notice is an incorrect interpretation of the Housing Ordinance;
B. 
Proposed an alternative method equal to or more stringent than the provisions cited in the order or notice.
Any person wishing to make an appeal to the Housing Board of Appeals for clerical or administrative concerns or to the Construction Board of Appeals for various code concerns shall file a completed appeal form with the City Administration within 14 calendar days from the date of issuance of the order or notice on the appellant. If a notice is not personally served on the appellant, it may be sent to the appellant by regular mail. Failure of the appellant to receive notification when sent to the address stated on the appeal form will not render such notice defective. The City shall notify the appellant and other interested parties including the occupants of the affected dwelling of the time and date of the Housing or Construction Board of Appeals hearing pursuant to § 9-71A and B.
The legal use and occupancy of a dwelling existing on the date of adoption of this chapter may be continued without change unless the Building Code Official determines compliance with this chapter is necessary for the safety and welfare of the occupants and/or the public.
Adequate inspection records indicating the condition of all rental dwelling units shall be kept on file in the Building Department.
Release of records generated and maintained by the Building Department of the City of Lapeer shall be regulated pursuant to the Freedom of Information Act, P.A. 442 of 1976, as amended.[1]
[1]
Editor's Note: See MCLA § 15.231 et seq.
The City shall not release any information regarding the name, address or telephone number of any person who reports a violation of the Housing Ordinance except:
A. 
By consent of the complainant;
B. 
Pursuant to the Freedom of Information Act, P.A. 442 of 1976, as amended; or
C. 
By court order.
A. 
In every lease or license of residential premises, the lessor or licensor covenants:
(1) 
That the premises and all common areas are fit for the use intended by the parties.
(2) 
To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenant's willful or irresponsible conduct or lack of conduct.
B. 
The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least one year.
C. 
The provisions of this section shall be liberally construed and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall not defeat any right to have the benefit of the covenants established herein.
This Housing Ordinance may be enforced jointly and severally by the City's Fire Official, the Chief Building Official and the City administration, by and through their agents. An owner or occupant of the premises upon which any violation exists may bring an action to enforce the provisions of this chapter in his own name. Upon application by the City may be substituted for, or joined with, the complainant in the discretion of the court.
A. 
If a dwelling is constructed, altered, converted or maintained in violation of any provision of this Housing Ordinance or of any order or notice given hereunder, or if a nuisance exists at any dwelling, the City may institute an action in the Circuit Court to prevent such unlawful construction, alteration, conversion or maintenance, or restrain, correct or abate such violation of any illegal act of the conduct of any business in or about such dwelling. The procedure for such action shall be the same as for an injunction or abatement of a nuisance under Circuit Court rules, under the statutes made and provided in such cases, or under the common law. The judgment of the Court in such case may direct the correction, repair or rehabilitation of the dwelling or the abatement and may authorize the City to carry out the provisions of the judgment in case of default by the defendant. Whenever the City has incurred any expense for the enforcement of this Housing Ordinance or the judgment of the court, the City may institute and maintain a suit against the responsible party of the dwelling in respect to which such expense was incurred and may recover the amount of such expense in addition to the costs of the suit. The judgment of the Court may order the vacation of the dwelling until the corrections, rehabilitations or abatements are completed.
B. 
The City shall have a lien upon the premises for the expenses necessarily incurred in the execution of such judgment, which lien shall have priority over all other liens or encumbrances, except taxes, assessments or mortgages recorded previous to the existence of such lien. Such a lien may be foreclosed as in the case of foreclosure of mortgages in Circuit Court.
Nothing in this article shall delay or be cause for terminating the criminal prosecution of a responsible party for violation of this Housing Ordinance.
Whoever violates or fails to comply with any such provision shall be fined not more than $500 or imprisoned not more than 90 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues, unless otherwise provided.