City of Bridgman, MI Chapter 379 Property Maintenance

[HISTORY: Adopted by the City Council of the City of Bridgman 5-1-2023 by Ord. No. 2023-214.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 379, Property Maintenance, adopted 9-17-2018 by Ord. No. 202.

§ 379-1 Adoption of Property Maintenance Code.

That a certain document, copies of which are on file in the office of the City Clerk, being marked and designated as the "2021 International Property Maintenance Code," as may be amended, deleted, with additions, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Bridgman, in the State of Michigan for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in § 379-2 of this chapter.

§ 379-2 Additions, insertions, deletions and changes.

The following sections of the International Property Maintenance Code are hereby revised and amended to read as follows:

A. Section 101.1. Title. These regulations shall be known as the International Property Maintenance Code of the City of Bridgman, hereinafter referred to as "this Code."

B. 103.1 Creation of Agency. Sworn police officers, the City code enforcement officer, ordinance enforcement officers as designated, and any and all City Inspectors shall be considered "code officials" under this Ordinance. All City code officials shall be authorized to write and serve tickets under this Ordinance. Code officials shall have all authority to implement, administer, and enforce the provisions of this code. The department authorized to act to enforce this Code shall known as the City of Bridgman Code Enforcement Department.

C. 103.2 Appointment. The code officials shall be appointed and/or hired by the City of Bridgman.

D. 103.3 Deputies. This section is hereby deleted in its entirety.

E. Section 104.1. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be assessed per the fee schedule adopted by the City Council from time to time by resolution, or by the actual costs incurred by the City to pay the employee, person, or company for its time in carrying out the work performed under this Code, including but not limited to all enforcement and staff time, attorney fees, publication or posting costs, and related fees.

F. 104.2 Refunds. This section is hereby deleted in its entirety.

G. Section 110.4. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a civil infraction and a fine of not less than $250. Further, the City may take any action and elect any remedy either at law or in equity as it deems necessary to ensure compliance with this Code.

Second or repeat offenses may be subject to a fine of $350 or more as the court sees fit.

H. Section 111.4.2 shall be amended to add Section (4):

4. A copy is posted in a conspicuous place in or about the property affected by such notice.

I. Section 302.4 Weeds. This section is hereby deleted in its entirety, with the following inserted in its place and stead:

302.4 Dangerous Trees. All exterior areas shall be kept clear of trees that have become public or private nuisances. The trees shall be removed or trimmed as needed if any of the following are true:

1.	The tree is dead and likely to fall.
2.	The tree hanging over a public or private way so as to be in the path of vehicles and/or pedestrians.
3.	If the tree is stricken with an infectious disease, or heavily infected with parasites or insects.
4.	If the tree is a threat to overhead electric power lines. The property owner shall be responsible for notifying the electric power supplier of trees that are dangerous to power lines.

J. Section 302.8 Motor Vehicles. Except as provided for in other regulations, inoperative, non road worthy as deemed by the State of Michigan, or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Vehicles may be stored in a completely enclosed building and/or one vehicle may be stored outside on an improved surface when properly covered with a decay free approved fitted vehicle cover and surrounding area free of weeds. For the purposes of meeting this requirement, vehicle covers and structures utilizing tarps or similar coverings for sides and/or roofs shall not be considered approved for structures.

K. Section 302.8.1 Boats and Trailers. Boats, trailers, and nonmotorized camping vehicles shall be required to comply with Section 302.8.

L. Section 304.14. Insect screens. The dates of April 30 to October 31 are hereby inserted.

M. Section 602.3. Heat supply. The dates of October 31 to April 30 are hereby inserted.

N. N. Section 602.4. Indoor occupiable work spaces. The dates of October 31 to April 30 are hereby inserted.

§ 379-3 Repealer.

All other ordinances or parts of ordinances in direct conflict herewith are hereby repealed.

§ 379-4 Severability.

That if any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City of Bridgman hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

§ 379-5 Civil infraction.

A. A violation of the Property Maintenance Code is a civil infraction, which shall be punishable by a civil fine determined in accordance with the following schedule:

	Minimum	Maximum
First offense within a 3-year period*	$200.00	$500.00
Second offense within a 3-year period*	$250.00	$500.00
Third offense within a 3-year period*	$350.00	$500.00
Fourth offense within a 3-year period*	$500.00	$500.00

*Determined on the basis of the date of commission of the offense(s).

B. Should the City be required to initiate cleanup in the absence of such action by a violator after an order of the Court, the entire cost of the cleanup, demolition, or repairs may be attached to the violator's tax bill upon certification by the City Treasurer. The fees shall include an administrative fee of 10%.

§ 379-6 Construal of provisions.

That nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or chapter hereby repealed as cited in § 379-3 of this chapter; nor shall any just or legal right or remedy of any person be lost, impaired or affected by this chapter.