[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:
- CERTIFICATE OF OCCUPANCY
- 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.
- COMMERCIAL AND INDUSTRIAL PROPERTY
- 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.
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.
All commercial and industrial premises shall be required to obtain a certificate of occupancy from the Township at the time of transfer.
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.
An inspection report shall be completed by all necessary departments. The report shall note all violations found at the commercial or industrial premises.
Correction of violations; escrow.
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.
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.
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.
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.
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.
The Building Official may revoke a certificate of occupancy for a violation of any code, ordinance, rule or regulation of the Township.
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.
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.
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.
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.
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.