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17-2B{39} REFUSE

REFUSE Any waste product which is not water-carried and which is composed wholly or partly of such materials as garbage, rubbish, sweepings, industrial solid wastes, or domestic solid wastes, organic wastes or such other substances as may become a nuisance.

17-2B{40} RENT

RENT Compensation or return of value given periodically, or for a set period of time, in exchange for the right of possession of a dwelling or dwelling unit.

17-2B{41} RENTAL UNIT

RENTAL UNIT Any dwelling unit rented or leased or any dwelling occupied as a home or family unit containing certain rooms in excess of those occupied by members of the immediate family and occupied as a home or family unit which is leased or rented to one or more persons outside the family. Dwelling units in a housing cooperative or condominium shall be considered rental units for purposes of this section, if they are rented.

17-2B{42} RESIDENTIAL COLLECTIVE

RESIDENTIAL COLLECTIVE A residential dwelling, other than a multiple dwelling or rooming house, in which sleeping, cooking, and eating facilities are let by the owner or operator to more than two persons who are not related by blood, marriage, or adoption to the owner or operator or to each other. This definition shall include any society, club, fraternity, sorority, association, lodge, federation, organization, or group of individuals whose domestic relationship is of a transitory or seasonal nature.

17-2B{43} RESIDENTIAL COOPERATIVE

RESIDENTIAL COOPERATIVE Any cooperative organized under the laws of the State of Michigan that provides residential units for its shareholders or members. All residential cooperatives shall be subject to inspection pursuant to the provisions of this chapter, unless exempted by the rules promulgated initially through the adoption of a resolution by the City Commission or as subsequently amended by the City Manager pursuant to § 17-12C .

17-2B{44} ROOMING HOUSE, BOARDINGHOUSE, or LODGING HOUSE

ROOMING HOUSE, BOARDINGHOUSE, or LODGING HOUSE Any dwelling, or that part of any dwelling or dwelling unit, containing one or more rooming units in which space is let primarily for sleeping purposes, with or without meals, by the owner or agent to persons who are not related to the owner or operator by blood, marriage, or adoption. (Rooming house occupancy limits will vary by zoning district.)

17-2B{45} ROOMING UNIT or SLEEPING ROOM(S)

ROOMING UNIT or SLEEPING ROOM(S) Any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping but not for cooking or eating purposes.

17-2B{46} RUBBISH

RUBBISH Any combustible or noncombustible waste materials, except garbage, including, but not restricted to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastics, tree branches, yard trimmings, tin cans, metals, automotive parts, mineral matter, glass, crockery, duct and the residue from the burning of combustible materials.

17-2B{47} STRUCTURALLY SOUND

STRUCTURALLY SOUND That all basic structural elements (see definition) shall provide strength, stability, integrity, shape, and safety. Proof of structural soundness may be required from the property owner. Evidence shall be submitted by a licensed architect or engineer.

17-2B{48} SUBSTANTIAL VIOLATIONS

SUBSTANTIAL VIOLATIONS Violations which pose an immediate or near-term threat to the physical health or safety of the occupant(s) or public. They include but are not limited to such items as lack of dwelling unit heat or water, broken/leaking/plugged sanitary sewer or drains, improper or inadequate venting of fossil-fuel-burning appliances, loose or missing stair treads or rails, foundation walls in danger of collapse, lack of required functioning smoke alarms, blocked or unsafe exit paths, etc.

17-2B{49} SUPPLIED

SUPPLIED Paid for, furnished, or provided by or under the control of the owner.

17-2B{50} TENANT

TENANT A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

17-2B{51} TWO-FAMILY DWELLING

TWO-FAMILY DWELLING A residential building containing two dwelling units, each intended for occupancy by only one family.

17-2B{52} UNFIT FOR HUMAN HABITATION

UNFIT FOR HUMAN HABITATION Any dwelling or dwelling unit which, because of its condition or the condition of the lot upon which the dwelling or dwelling unit stands or any accessory structure thereof is dangerous to life, safety, or the general welfare of the occupants or of the public, shall be deemed unfit for human habitation. A dwelling or dwelling unit deemed unfit for human occupancy shall be condemned until such condition(s) is remedied.

§ 17-3 Service of notices or orders under chapter.

Unless otherwise provided for the purpose of this chapter, a person is considered to have received a notice or order on the date it was personally served or the date the notice or order is mailed, certified or first-class postage prepaid, to him or her at the last known address according to City records.

§ 17-4 Compliance with chapter generally.

No person shall occupy, rent, lease or permit any occupancy of any dwelling or dwelling unit unless it substantially complies with all applicable provisions of this chapter. Occupancy of any dwelling unit regulated by this chapter shall create a rebuttable presumption that such occupancy has occurred with the express and/or implied consent of the owner. The provisions of the Michigan Building Code, also known as the Stille-DeRossett-Hale Single State Construction Code Act, which is Public Act 230 of 1972, as amended (MCLA § 125.1501 et seq.), and rules promulgated pursuant to that statute, supersede any contrary provision of this chapter for residential dwelling units constructed in compliance with the then-current provisions of that statute.

§ 17-5 Temporary dwelling to comply with chapter.

It shall be unlawful for any person to erect or occupy any structure which is intended to be occupied, in whole or in part, as a temporary dwelling unless it complies with all provisions of this chapter.

§ 17-6 Application of chapter to hotels and motels.

Every provision of this chapter which applies to rooming houses shall also apply to hotels and motels except to the extent that any such provision is found in conflict with the laws of the state or with the lawful regulations of any state board or agency.

§ 17-7 Occupancy of house trailers as dwellings.

No house trailer or mobile home, whether mobile or not, shall be occupied as a dwelling within the City except in legally established trailer parks or mobile home communities.

§ 17-8 Authority to condemn and procedures; persons not to occupy or be present in dwellings that are condemned or that constitute a nuisance.

A. The City shall have the authority to condemn any dwelling that is unfit for human habitation or occupancy and constitutes a nuisance as defined in § 17-2 or any other applicable code. Upon a determination that a nuisance exists, the City may order the prompt vacation of the dwelling by posting a notice of condemnation at a conspicuous location on the property and by mailing written notice to the owner of record. The City shall also have the authority to immediately board up or otherwise secure an unoccupied condemned dwelling if it is open to casual entry. Further, the City may require the owner to place a condemnation notice on the inside portion of a first floor window facing the street. No person shall remove or cause to be removed any condemnation ...