[HISTORY: Adopted by the City Commission
of the City of Royal Oak 5-4-2009 by Ord. No. 2009-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction code enforcement — See Ch. 260.
Fences — See Ch. 323.
Fire prevention — See Ch. 340.
Hotels, boardinghouses, bed-and-breakfasts and tourist homes — See Ch. 394.
Public nuisances — See Ch. 484.
Abandoned refrigerators and ice boxes — See Ch. 574.
Rodent control — See Ch. 587.
Abandoned and inoperable vehicles — See Ch. 716.
Weeds — See Ch. 757.
[1]
Editor's Note: This ordinance also repealed
former Ch. 556, Property Maintenance, adopted 10-18-1993 by Ord. No.
93-15.
A certain document, a copy of which is on file in the office of the City Clerk for the City of Royal Oak, being marked and designated as the "International Property Maintenance Code, 2006 Edition," as published by the International Code Council, as amended, is adopted as the property maintenance code of the City of Royal Oak, 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; providing for the issuance of permits, collection of fees and imposition of fines; 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 referred to, adopted, and made a part, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 556-2 of this chapter.
The following sections are revised as follows:
A.
In Section 101.1, insert: "City of Royal Oak" for
"NAME OF JURISDICTION."
B.
Section 103.5 is amended to read as follows:
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"103.5 Fees. Fees shall be set by resolution
of the City Commission. Such fees shall reflect the cost of processing,
inspection, supervision and other related costs of regulation. The
fees shall be paid into the City Treasury."
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D.
In Section 304.14, insert: "July 1 through October
1."
E.
In Section 602.3. insert: "November 1 — May
1."
F.
In Section 602.4, insert: "November 1 — May
1."
The following sections and subsections of the
2006 Edition of the International Property Maintenance Code are hereby
amended as set forth, and additional sections and subsections are
added as indicated. Section numbers used in this chapter shall refer
to the like-numbered sections in the 2006 Edition of the International
Property Maintenance Code. The following sections and subsections
of the 2006 Edition of the International Property Maintenance Code
are hereby amended as set forth, and additional sections and subsections
are added as indicated. Section numbers used in this chapter shall
refer to the like-numbered sections in the 2006 Edition of the International
Property Maintenance Code.
A.
Section 104.8, Licenses and inspections, is hereby
added to read as follows:
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104.8 Licenses and inspections:
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(a)
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No person shall rent, lease, offer for rent
or lease, or allow any residential unit or property to be occupied
by a nonowner without first obtaining a license therefor.
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(b)
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A residential rental license shall be issued
by the Code Official if:
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(1)
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An application is submitted indicating the owner,
the number of units and buildings for which the application is sought,
the type of units intended, and any other pertinent data sought by
the Code Official.
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(2)
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An inspection is performed on the property sought
to be licensed and all violations disclosed thereby are either corrected
by the applicant or are waived by the Code Official upon a showing
of practical difficulty by the applicant.
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(3)
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All application and inspection fees are paid.
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(c)
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A license shall be in effect until the expiration
date indicated on the license unless revoked for cause by the City.
Failure to secure or renew a license in accordance with the provisions
of this chapter or failure to pay such inspection fee is a violation
of this chapter. A late charge of $1 per day, per dwelling unit, with
a minimum of $5 shall be charged on all payments received after the
due date, which is 30 days after the expiration of an existing license
or 30 days after notification that an initial license is required.
All fees and charges shall be paid by the owner. If the owner fails
to pay the City as provided within 30 days of demand by the City,
the City shall have a lien on the property for all unpaid fees and
charges and may enforce such lien in the manner prescribed by state
law for the enforcement of tax liens.
[Amended 5-3-2010 by Ord. No. 2010-07] | |||
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(d)
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Suspension or revocation of licenses. Any license
issued by the City under this chapter may be suspended by the Code
Official for cause, and any permit issued by the City may be suspended
or revoked by the City Commission for cause. The licensee shall have
the right to a hearing before the Commission on any such action of
the Code Official, provided a written request therefor is filed with
the City Clerk within five days after receipt of said notice of such
suspension. The Commission may confirm such suspension or revoke or
reinstate any such license. The action taken by the Commission shall
be final. Upon suspension or revocation of any license or permit,
the fee therefor shall not be refunded. Except as otherwise specifically
provided in this chapter, any licensee whose license has been revoked
shall not be eligible to apply for a new license for a period of one
year after such revocation.
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(e)
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Cause defined. The term "cause," as used in
this chapter, shall include the doing or omitting of any act, or permitting
any condition to exist in connection with any license or permit granted
under the provisions of this chapter, or upon any premises or facilities
used in connection therewith, which act, omission or condition is:
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(1)
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Contrary to the health, morals, safety or welfare
of the public.
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(2)
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Unlawful, irregular or fraudulent in nature.
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(3)
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Unauthorized or beyond the scope of the license
granted.
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(4)
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Forbidden by the provisions of this chapter,
or any duly established rule or regulation of the City applicable
to housing.
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(5)
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A nuisance on the licensed property.
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(f)
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Inspections. In order to safeguard the safety,
health and welfare of the public, the Code Official or his representative
is authorized to enter any structure or premises at any reasonable
time for the purpose of making inspections and performing his duties
under this Code.
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All one-family, two-family and multifamily dwelling
units which are rented or leased, or are intended to be rented or
leased, and all boardinghouses or lodging houses shall be inspected
biannually.
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(g)
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Fees. Fees for such licenses shall be set by
resolution of the City Commission. Such fees shall reflect the cost
of processing, inspection, supervision and other related costs of
regulation. The fees shall be paid into the City Treasury.
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B.
Section 106.4, Violation penalties, is hereby amended
to read as follows:
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106.4 Violations and penalties.
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(a)
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A person violating this chapter for the first
time is responsible for a municipal civil infraction and subject to
payment of a civil fine of not less than $50, plus costs.
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(b)
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A person violating this chapter for the second
time is responsible for a municipal civil infraction and subject to
payment of a civil fine of not less than $150, plus costs.
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(c)
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A person violating this chapter for the third
time is responsible for a municipal civil infraction and subject to
payment of a civil fine of not less than $200, plus costs.
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(d)
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A person violating this chapter for the fourth
or subsequent time is guilty of a misdemeanor, punishable by a fine
of not more than $500 or imprisonment for not more than 90 days, or
to both such fine and imprisonment in the discretion of the court.
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C.
Section 110, Demolition, is hereby deleted.
D.
Section 110, Condemnation and demolition, is hereby
added to read as follows:
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110 CONDEMNATION AND DEMOLITION
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110.1 General: It is unlawful for
any owner or agent thereof to keep or maintain any dwelling, structure
or part thereof, which is a dangerous building as defined in Section
PM-110.2 below.
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110.2 Definition of a dangerous building: As used herein, "dangerous building" means any building or structure
which has any of the following defects or is in any of the following
conditions:
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(a)
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Whenever any door, aisle, passageway, stairway
or other means of exit does not conform to the approved fire code
of the City of Royal Oak.
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(b)
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Whenever any portion has been damaged by fire,
wind, flood, deterioration, neglect, abandonment, vandalism, or by
any other cause in such a manner that the structural strength or stability
is appreciably less than it was before the damage and does not meet
the minimum requirements of this chapter or any building code of the
City of Royal Oak for a new building or similar structure, purpose
or location.
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(c)
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Whenever any portion or member or appurtenance
is likely to fall or become detached or dislodged or to collapse and
thereby injure persons or damage property.
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(d)
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Whenever any portion has settled to such an
extent that walls or other structural portions have materially less
resistance to winds than is required in the case of new construction
by this chapter or the building code of the City of Royal Oak.
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(e)
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Whenever the building or structure or any part,
because of dilapidation, deterioration, decay, faulty construction,
or because of the removal or movement of some portion of the ground
necessary for the purpose of supporting such building, or portion
thereof, or for other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning is likely
to fall or give way.
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(f)
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Whenever for any reason whatsoever the building
or structure or any portion is manifestly unsafe for the purpose for
which it is used.
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(g)
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Whenever the building or structure has been
so damaged by fire, wind or flood, or has become so dilapidated or
deteriorated as to become an attractive nuisance to children who might
play therein to their danger, or as to afford a harbor for vagrants,
criminals or immoral persons, or as to enable persons to resort thereto
for the purpose of committing a nuisance or unlawful or immoral acts.
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(h)
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Whenever a building or structure used or intended
to be used for dwelling purposes, because of dilapidation, decay,
damage or faulty construction or arrangement or otherwise, is unsanitary
or unfit for human habitation or is in a condition that is likely
to cause sickness or disease when so determined by the Health Officer,
or is likely to work injury to the health, safety or general welfare
of those living within.
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(i)
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Whenever any building becomes vacant, dilapidated
and open at door or window, leaving the interior of the building exposed
to the elements or accessible to entrance by trespassers.
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(j)
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Whenever the Code Official estimates the cost
of placing the building in safe and sanitary condition exceeds 50%
of the real value as determined by the City Assessor.
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(k)
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Whenever any building or structure is under
construction or repair without a valid permit.
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110.3 Notice of dangerous and unsafe condition:
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(a)
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Notwithstanding any other provision of this
code, when the whole or any part of any building or structure is found
to be in a dangerous or unsafe condition, the City shall issue a notice
of the dangerous and unsafe condition.
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(b)
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Such notice shall be directed to the owner,
agent or lessee registered with the City. If no owner, agent or lessee
has been registered, then the notice shall be directed to each owner
of or party of interest in the building in whose name the property
appears on the last local tax assessment records.
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(c)
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The notice shall specify the time and place
of a hearing on the condition of the building or structure, at which
time and place the person to whom the notice is directed shall have
the opportunity to show cause why the building or structure should
not be ordered to be demolished or otherwise made safe.
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(d)
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The hearing officer shall be appointed by the
City Commission. The City's Code Enforcement Department shall file
a copy of the notice of dangerous or unsafe condition with the hearing
officer.
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(e)
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All notices shall be in writing and shall be
served upon the person to whom they are directed personally, or in
lieu of personal service may be mailed by certified mail, return receipt
requested, addressed to such owner or party of interest at the address
shown on the tax records, at least 10 days before the date of the
hearing described in the notice. If any person to whom a notice is
directed is not personally served, in addition to mailing the notice,
a copy thereof shall be posted upon a conspicuous part of the building
or structure.
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110.4 Testimony, determination, order,
compliance, hearing, cost of compliance as lien, collection:
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(a)
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The hearing officer shall take testimony of
the Code Enforcement Department, the owner of the property and any
interested party. The hearing officer shall render his decision, either
closing the proceedings or ordering the building to be demolished
or otherwise made safe.
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(b)
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If it is determined by the hearing officer that
the building or structure should be demolished or otherwise made safe,
he shall so order, fixing a time in the order for the owner, agent
or lessee to comply therewith.
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(c)
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If the owner, agent or lessee fails to appear
or neglects or refuses to comply with the order, the hearing officer
shall file a report of his findings and a copy of his order with the
City Commission and request that the necessary action be taken to
demolish or otherwise make safe the building or structure. A copy
of the findings and order of the hearing officer shall be served on
the owner, agent or lessee in the same manner as the notice.
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(d)
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The City Commission shall fix a date for hearing,
reviewing the findings and order of the hearing officer and shall
give notice to the owner, agent or lessee in the manner described
above of the time and place of the hearing. At the hearing, the owner,
agent or lessee shall be given the opportunity to show cause why the
building should not be demolished or otherwise made safe, and the
City Commission shall either approve, disapprove or modify the order
for the demolition or making safe of the building or structure.
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(e)
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The cost of the demolition or making the building
safe shall be in a lien against the real property and shall be reported
to the City Assessor, who shall assess the cost against the property
on which the building or structure is located.
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(f)
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The owner or party in interest in whose name
the property appears upon the last local tax assessment records shall
be notified of the amount of such cost by first-class mail at the
address shown on the records. If he fails to pay the same within 30
days after mailing by the Assessor of the notice of the amount thereof,
the Assessor shall add the same to the next City tax roll of the City
and the same shall be collected in the same manner in all respects
as provided by law for the collection of taxes by the City.
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E.
Section 111, Means of Appeal, is hereby amended to
read as follows:
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111.1 Appeals Board: The Building
Code Board of Appeals and its rules shall also be the Existing Structures
Code Board of Appeals and Rules. The Board shall have the power to
interpret the provisions of this Code upon application in writing
by the owner or lessee or his/her duly authorized agent, when there
are practical difficulties in the way of carrying out the strict letter
of the code, so that the spirit of the code shall be observed, public
health, safety and welfare secured and substantial justice done. The
particulars of such interpretation when granted or allowed and any
decision of the Board shall be entered upon the records, and a signed
copy be furnished to the applicant.
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F.
Section 111.2, Membership of the Board, is hereby
deleted.
G.
Section 202, General Definitions, is hereby amended
in part to amend the definition of "dwellings" in part to read as
follows:
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ONE-FAMILY DWELLING: A building
containing one dwelling unit with not more than two lodgers or boarders.
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TWO-FAMILY DWELLING: A building
containing two dwelling units with not more than two lodgers or boarders
in each dwelling unit.
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BOARDINGHOUSE, LODGING HOUSE, TOURIST
HOUSE: A building arranged or used for lodging, with or without
meals, for compensation, for three or more, but not exceeding 10,
persons.
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H.
Section 303.2.1 is hereby added to read as follows:
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303.2.1 "Stagnant water" shall
mean any accumulation that has not dispersed within seven days of
the last recorded local rainfall.
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I.
Section 303.9 is hereby added to read as follows:
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303.9 Loading areas: All loading
areas, automobile service stations and drive-in food establishments
shall be paved with bituminous, concrete or equivalent surfacing and
shall be free from dirt and other litter and kept in good repair.
When lighted for nighttime use, lights shall not be permitted to cast
directly upon dwellings nearby.
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J.
Section 303.10, Storage areas, is hereby added to
read as follows:
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303.10 Storage areas: All approved
open salvage yards and storage areas shall be completely obscured
from surrounding property by a solid screen not less than six feet
(1,829 mm) in height. Storage of autos, trucks, equipment, debris,
junk or construction materials, which are not associated with an approved
use or permitted construction at that site, shall be prohibited.
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K.
Section 303.11 is hereby added to read as follows:
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303.11 Exterior lighting:
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(a)
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No owner or tenant of any residential property
shall authorize, maintain or permit the operation of outside security
lighting that shines upon or onto any adjoining residential property
from any residential property owned, leased, rented or under his or
her control, nor shall any owner or tenant of any residential property
authorize, maintain or permit the operation of any light, including
an incandescent light without a reflecting surface and not exceeding
75 watts, that unreasonably shines into or upon adjoining residential
property so as to interfere with the enjoyment of the property rights
by the owners or tenants of adjoining residential property.
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(b)
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The owner or tenant of any residential property
where outside security lighting is installed shall not permit such
lighting to operate unless such lighting is shielded in a manner to
prevent light from such installation from shining into or upon any
adjoining residential property.
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(c)
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Exceptions: For purposes of this section, "outside
security lighting" means any electrically operated light mounted or
installed upon residential property on the exterior of any building,
or on or upon any exterior object located on the property, except
incandescent lights without a reflecting surface and not exceeding
75 watts.
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The exception to outside security lighting for
incandescent lights without a reflecting surface and not exceeding
75 watts would not apply to incandescent lights installed within a
ten-foot radius of each other whose combined wattage exceeded 75 watts.
The exception would also not apply to incandescent lights without
a reflecting surface and not exceeding 75 watts, which unreasonably
shine into or upon adjoining residential property so as to interfere
with the enjoyment of the property rights by the owners or tenants
of adjoining residential property.
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L.
Section 304.13.1, Glazing, is hereby amended to read
as follows:
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304.13.1 Glazing: Every window
sash shall be fully supplied with approved glazing materials and shall
be maintained free from cracks and holes.
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M.
Section 305.7, Free from dampness, is hereby added
to read as follows:
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305.7 Free from dampness: In every
building, basements and crawlspaces shall be maintained to prevent
conditions conducive to decay or deterioration of the structure.
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N.
Section 305.8, Floors, is hereby added to read as
follows:
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305.8 Floors: Bathrooms and toilet
rooms shall be provided with floors of moisture-resistant material.
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O.
Section 503.5, Privacy, is hereby amended to read
as follows:
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503.5 Privacy: Toilet rooms and
bathrooms shall provide privacy and shall not constitute the only
passageway to a hall or other space, or the exterior. Every nonresidential
structure that requires or supplies a water closet shall provide within
the toilet room partitions, enclosures or compartments for privacy.
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P.
Section 703.3, Residential unit, is hereby added to
read as follows:
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703.3 Residential unit: A dwelling
unit or rooming unit shall not be located within a structure containing
an establishment handling, dispensing, or storing flammable liquids
or materials with a flashpoint of 110° F. (43° C.) or lower,
except as provided for in the Building Code listed in Appendix A.
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Q.
Section 704.3 is hereby amended to read as follows:
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704.3 Power source: The power source
for smoke detectors shall be either an AC primary power source or
a monitorized battery primary power source; except that in Use Groups
R-1 (hotels, motels and rooming houses) the power source shall be
an AC primary power source.
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R.
Section 302.4 of the International Property Code is repealed in its
entirety and amended to read as follows:
[Added 7-11-2016 by Ord. No. 2016-07]
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302.4 All premises and exterior property shall
be maintained free from plant growth in excess of eight inches; excluding
trees, shrubs, cultivated flowers, gardens and planned natural landscaping.
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302.4.1 Upon failure of the owner or agent having
charge of a property to maintain it in compliance with Section 302.4
and after service of a notice of violation, they shall be subject
to prosecution in accordance with Section 106.3 and as prescribed
by the authority having jurisdiction. Upon failure to comply with
the notice of violation, any duly authorized employee of the jurisdiction
or contractor hired by the jurisdiction shall be authorized to enter
upon the property in violation and bring the property in compliance
with Section 302.4, and the costs shall be paid by the owner or agent
for the property.
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302.4.2 "Native plants" are those plants identified
as native plant species in southern lower Michigan by Michigan State
University Native Plants and Ecosystem Services, a copy of which shall
be maintained at the City.
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302.4.3 "Planned natural landscaping" is a planned,
intentional and maintained landscaping or cultivation of native plants,
ornamental grasses and ground covers, rain gardens, shrubs and trees.
Nonnative plants and invasive species of plants are prohibited. Planned
natural landscaping is not intended to allow a property owner to ignore
lawn care duties.
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302.4.4 Planned natural landscaping shall be cut
back, at least annually, to remove dead or unmaintained growth. A
person who is an owner of real property shall cut or remove any dead
or unmanaged growth on his or her property, including a planned natural
landscaping.
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302.4.5 Planned natural landscaping shall be designed
not to attract rats.
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