[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-9-1998 by Ord. No. 247]
As used in this article, the following words
and terms shall have the meanings respectively ascribed:
A certificate issued by the Department of Community Development in accordance with the provisions of Chapter 285, Zoning, for an approved use of occupancy and which certifies compliance with the provisions of the codes and ordinances of the Township for commercial and industrial premises that have been inspected pursuant to the terms of this article.
Any premises which is used for the purpose of conducting
any of the following activities: commercial, industrial, manufacturing,
business office, retail, professional services, production, wholesale,
processing, cleaning, storage, testing, repair, assembling, fabrication,
or any other similar type activity.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person"
is used in any section of this article prescribing a penalty or fine,
as to partnerships or associations, the word shall include the partners
or members thereof, and as to corporations, shall include the officers,
agents or members thereof who are responsible for any violation of
such section.
A lot, plot or parcel of land including the buildings or
structures thereof.
That which is built or constructed, including, without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
The sale or conveyance of title to another for consideration,
or the lease of premises to another. A transfer subject to the terms
of a purchase agreement or lease entered into prior to the effective
date of this article is not included in this definition. A renewal
or extension of a lease (which lease is in effect prior to the adoption
of this article) between the same parties is not included in this
definition.
A.
It shall be unlawful for any person to transfer a
commercial or industrial premises or for any person to act as a broker
for the transfer of any commercial or industrial premises within the
Township which does not have a current certificate of occupancy.
B.
All commercial and industrial premises shall be required
to obtain a certificate of occupancy from the Township at the time
of transfer.
[Amended 7-22-2002]
A.
The Department of Community Development shall issue a certificate of occupancy only after the commercial or industrial premises have been inspected and found in compliance with all applicable codes and ordinances of the Township. The requirements set forth below are in addition to those requirements set forth in Chapter 285, Zoning.
(1)
An inspection report shall be completed by all necessary
departments. The report shall note all violations found at the commercial
or industrial premises.
(2)
Correction of violations; escrow.
(a)
Before a certificate of occupancy is issued all violations
must be corrected and approved. A conditional certificate of occupancy
may be issued provided funds are escrowed with the Department of Community
Development and no imminent danger is present to the inhabitants.
The escrow amount will be determined by the Department of Community
Development as 1 1/2 times the estimated costs of repair. All
violations and/or repairs shall be corrected and reinspected within
30 days (weather permitting) of the issuance of the conditional certificate
of occupancy. If this condition is not satisfied, the certificate
may be revoked. Upon approval of the repairs, the escrow shall be
returned.
(b)
If the violations are not corrected within the thirty-day
period, the Township has the right and authorization to have said
violations corrected with the escrow funds and any additional funds
required to correct said violations shall be assessed as a lien against
the real property. An escrow agreement signed by both the person occupying
the premises and the person owning the premises shall be executed
at the time of placing money in escrow. All signatures must be notarized.
The escrowed funds may be used to reimburse the Township for any legal
costs in order to enforce the provisions of this article.
(3)
If the inspection reports indicate a dangerous or
hazardous condition and the premises are deemed to constitute an imminent
danger to the health or safety of any person, the Department of Community
Development may order the dangerous or hazardous condition to be corrected
immediately and may limit or prohibit occupancy of the premises where
necessary. If the Department of Community Development finds unusual
or questionable conditions, it may require the owner/transferee of
the premises to supply the Department with a report from a qualified
inspection agency. All reports shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. All costs related to the reports are to be assumed by
the owner/transferee.
(4)
If a premises is inspected because of an expected
transfer and the transfer does not occur, the inspection report is
valid for a six-month period.
(5)
Where there is a multiple occupancy in a commercial
or industrial premises, the change of any occupancy will require an
inspection. However, if the building has been completely inspected
and all violations corrected and a certificate of occupancy issued,
only the area to be occupied by the new transferee and the exterior
of the building need be inspected.
B.
The Building Official may revoke a certificate of
occupancy for a violation of any code, ordinance, rule or regulation
of the Township.
A.
A certificate of occupancy is not a warranty or guarantee
that there are no defects in the commercial or industrial property
and the Township shall not be held responsible for defects or violations
not noted in the inspection report.
B.
The inspection of the land use, exterior posture and
interior accessories of the structure is limited to visual inspection
only. The Township does not guarantee or approve by inference any
latent structural or mechanical defects thereto, or such other items
that were not apparent to the Township inspectors by such visual inspection.
C.
Further, potential health impacts from asbestos, carbon
dioxide, lead, carbon monoxide, formaldehyde, nitrogen dioxide, radon,
particulates, water vapor, or other chemicals, vapors, fumes or inspects
are not a part of the Township's inspection.
D.
The Township shall not assume any liability to any
person by reason of the inspection required by this article or the
issuance of a certificate of occupancy.
[Amended 7-22-2002]
Any person that is going to transfer a commercial
or industrial premises must file an application, prior to the transfer,
with the Department of Community Development for the purpose of setting
up an inspection of the commercial or industrial premises. The fee
for the application and inspection shall be set by resolution of the
Township Board.
