[HISTORY: Adopted by the City Commission of the City of Fennville as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2023 by Ord. No. 2023-04]
Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended,[1] the Building Official of the City of Fennville is hereby designated as the enforcing agency to discharge the responsibility of the City of Fennville under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The City of Fennville assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this ordinance.
[1]
Editor's Note: See MCL 125.1508b(6).
Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G, Flood-Resistant Construction, of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the community adopting this ordinance.
The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled "Flood Insurance Study for Allegan County, All Jurisdictions" and dated June 21, 2023, and the Flood Insurance Rate Maps (FIRMs) panel numbers included on Index Panel 26005CIND0A, effective June 21, 2023, are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Pursuant to the provisions of the Single State Construction Code, in accordance with Public Act No. 230 of 1972 (MCL 125.1501 et seq.), the City assumes responsibility for the administration and enforcement of the state code throughout its corporate limits.
B. 
The Michigan Building Code [including the Property Maintenance Code except as set forth in Subsection C below], the Michigan Electrical Code, the Michigan Plumbing Code, and the Michigan Mechanical Code are hereby adopted as amended to the date of the enactment of this article, as well as all future amendments and revisions to said Act and the Codes promulgated thereunder when such amendments and revisions are promulgated and take effect, are hereby adopted by reference pursuant to the Act cited in Subsection A of this section.
C. 
In inspecting a property for compliance with the Property Maintenance Code, unless a condition of the building causes the property to be unsafe, City inspectors shall apply the Code that existed at the time the building was built, or if part of the building was altered or repaired, the Code that existed at the time of the alteration or repair.[1]
[1]
Editor's Note: See Ch. 293, Property Maintenance.
D. 
"Unsafe" shall be defined as a condition that places the occupants of the building in immediate potential danger, and does not include a newly revised Property Maintenance Code provision designed to make a building "more safe" than a previously approved safety standard.
Pursuant to the provisions of the Michigan Residential Code and Michigan Building Code and in accordance with Section 8b of the Stille-DeRossette-Hale Single Construction Code Act, being MCL 125.1501 et seq. (the Act), the City of Fennville Building Department, through its Building Official and various inspectors, is hereby designated as the enforcing agency to discharge the responsibility of the City of Fennville of Allegan County, State of Michigan, under the Act. The City of Fennville assumes responsibility for the administration and enforcement of the Act and the codes promulgated thereunder throughout its corporate limits.
A fee schedule for permits and inspections under this article shall be set by resolution of the City Commission from time to time.
A. 
General. There is established a Construction Board of Appeals (also referred to as a "Building Board of Appeals") of three members appointed by the City Commission with qualifications as required by the State Construction Code Act.
B. 
Tenure of Board. The current members of the Construction Board of Appeals shall continue to serve until the expiration of their current terms. Thereafter, members shall be appointed for terms of three years.
C. 
Duties of the Construction Board of Appeals. The Construction Board of Appeals shall hear all appeals from notices, orders, and decisions of Code Officials responsible for administration and enforcement of the construction codes within the City.
D. 
Procedure for appeals. Appeals from the rulings of any official charged with the enforcement of the aforementioned codes may be appealed to said Board within such time as shall be prescribed by the Construction Code Act. The appellant shall file with the Building Official a notice of appeal specifying the ground therefor and stating the address of the appellant along with the fee of $700. The Building Official shall set the matter for hearing and give due notice thereof to all interested parties. The Construction Board of Appeals shall hear said matter and decide the same not later than 30 days after submission of the appeal. Failure by the Board to hear an appeal and file a decision within the time limit is deemed a denial of the appeal for purposes of instituting a further appeal. The Construction Board of Appeals shall hear said matter and decide the same. Within the limits of its jurisdiction hereinabove described, the Construction Board of Appeals may reverse or affirm, in whole or in part, or any make such order, requirements, decision or determination as in its opinion ought to be made in the premises, and to that end shall have the powers of the official from whom said appeal is taken. The final disposition of such appeal shall be in writing and shall state the grounds therefor and shall be forthwith delivered to the appellant at the appellant's last known address. Any person, including the Building Official, may file with the Construction Board of Appeals a request for an interpretation, approval of methods or materials, or any other matter provided for under the powers and duties of the Construction Board of Appeals in the same manner as provided for appeals herein. The Construction Board of Appeals may make such other further procedural rules as shall be necessary to perform its duties and exercise its powers hereunder.
E. 
Decisions of the Construction Board of Appeals; finality. An interested person or their authorized agent may appeal a decision of the Construction Board of Appeals to the Michigan State Construction Code Commission in accordance with the provisions of Act No. 230 of the Public Acts of 1972, as amended. In the absence of such an appeal, decisions of the Construction Board of Appeals become effective on the 11th business day after filing of the decision with the Building Official.
F. 
Meeting rules of procedure; quorum. The Construction Board of Appeals shall meet at such times as said Board may determine. It may adopt bylaws and rules of procedure covering any matters upon which it may act. The Building Official or such person as the Building Official shall designate shall serve as secretary of the Construction Board of Appeals and shall keep records of the meetings. The minutes of the meetings shall be in writing, but may state the substance of any matter considered. Any orders shall be set out in full and shall state the grounds of the order in a manner reasonably stated to apprise the appellant/petitioner of the basis thereof. The presence of all three members shall be necessary to constitute a quorum.
A. 
Civil infraction. A person who violates any provision of the State Construction Code for which the City has assumed enforcement responsibility is responsible for a municipal civil infraction for each and every day that the violation occurs, punishable by a municipal civil infraction determined by fee schedule set by resolution of the City Commission from time to time.[1]
[1]
Editor's Note: See also Ch. 35, Municipal Civil Infractions.
B. 
Additionally, the violator shall pay costs which may include all expenses, direct and indirect, in connection with the municipal civil infraction. In no case, however, shall costs of less than $50 nor more than $500 be ordered.
C. 
Other remedies. In addition to the foregoing, the City shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this article, 1972 PA 230, as amended, and/or the aforementioned codes. Each day that a violation exists shall constitute a separate offense.
No City officer, agent or employee, or member of the City Commission or Board of Appeals, shall be personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of duties and responsibilities pursuant to this article.
Should any part of this article or the aforementioned codes being administered and enforced hereunder be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part of portion thereof.