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If any portion of a building constructed as, or altered into, a dwelling is occupied for human habitation in violation of this chapter and has been deemed by the City as unfit for human habitation, the owner, owner's agent or lessor shall not, during the period of unlawful occupation, accept, retain or recover rent or maintain any action or special proceedings for possession of the premises for nonpayment of rent. The City may declare the premises unfit for human habitation and proceed to condemn the dwelling and order its vacation under § 17-8 .

The terms "Building Code," "Electrical Code," "Mechanical Code," and "Plumbing Code," as used in this chapter or notices issued pursuant to this chapter, refer to those respective codes in Chapter 9 of the Kalamazoo City Code. The word "code" when not used in any of the foregoing contexts, but used in this chapter or in a notice issued pursuant to this chapter, refers to this chapter. "IPMC" refers to the most recent published edition of the International Property Maintenance Code.

No person shall cause any utility which is required under this chapter or state law to be removed or shut off from or disconnected from any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies where discontinuance of service is approved by the City. The requirements of § 17-22 of the City Code of Ordinances shall not apply to § 17-11 .

For purposes of enforcement and administration of Chapter 17 of the City Code, the following shall apply: A. The City shall make inspections for the enforcement of this chapter. Such inspections are based on a legislative reaffirmation by the City that the most effective way to obtain compliance with the minimum requirements of this chapter is through routine periodic inspections of all premises regulated by this chapter, including hotels, motels, bed-and-breakfast inns, residential cooperatives, residential collectives, rooming houses, and all rental housing as mandated by Michigan law, and as expressly endorsed by the United States Supreme Court. These inspections may be supplemented as needed with inspections undertaken on the basis of one or more of t...

A. It is the policy of the City of Kalamazoo that its staff will work cooperatively with landlords, tenants, neighborhood associations and other interested groups and individuals to help ensure safe, decent and sanitary rental housing through the systematic inspection of rental properties pursuant to the requirements prescribed by this chapter. B. The owner and/or responsible local agent shall contact the City to schedule the systematic inspection in a timely manner such that the certificate of compliance can be issued prior the expiration of the then-current certificate of compliance. C. It shall be the responsibility of the owner and/or responsible local agent to contact the City to schedule the systematic inspection required by this chapter. D. Once a ...

A. In accordance with the requirements of Act 147 of the Public Acts of 1992, as amended, before the sale of a unit within a new facility or rehabilitated facility, or the sale of any new or rehabilitated facility as a whole, for which a Neighborhood Enterprise Zone certificate is in effect, an inspection of such unit or facility shall be made by the City upon the request of the seller to determine compliance with all local and all applicable state construction and safety codes. B. No sale of a unit within a new facility or rehabilitated facility, or the sale of any new or rehabilitated facility as a whole, for which a Neighborhood Enterprise Zone certificate is in effect shall be finalized until a certificate attesting that the unit or facility complies ...

A. The City Commission may, by resolution, establish reasonable fees for covering the costs of actions taken under Chapter 17 of the City Code of Ordinances. B. The City shall provide a written invoice of the fees to the owner of the property against which action was taken by the City. Payment is due within 30 days from the date of the invoice. If the invoice is not paid, the City shall notify the City Assessor's Office, who will assess the unpaid amount against that property. The City may enforce the lien by placing the unpaid amount on the next tax roll of the City, the collection of which is enforceable in the same manner as delinquent taxes. C. The City also has the option to file a complaint in the appropriate court in Kalamazoo County to recoup any ...

The owner of any hotel, any rental dwelling, or of any residential collective, residential cooperative, bed-and-breakfast inn, or rooming house, shall register it with the City and shall designate a person, as defined in § 17-17 , as the responsible local agent who shall be legally responsible for compliance with the City Code and shall also be responsible for providing access to such property for the purpose of making the inspections necessary to ensure such compliance in conformance with applicable provisions of this chapter and state law.

An application for registration shall be made in such form and in accordance with such instructions as may be provided by the City. No application for registration shall be valid unless it is filled out completely. If any information on a rental registration submitted to the City about the owner or responsible local agent changes, it shall become invalid until a new registration form is submitted.

An owner of premises covered under this chapter shall designate a responsible local agent as a party responsible for operating such premises in compliance with all the provisions of the City Code. The responsible local agent shall be a person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity having his/her place of residence in the County of Kalamazoo, or having his/her place of residence in the approved zip codes (as determined by the City). All official notices of the City may be served on the responsible local agent, and any notice so served is considered to have been served upon the owner of record.

A. Upon any transfer of ownership, any registration issued under this chapter shall become invalid. Any new owner shall comply with the provisions of §§ 17-15 and 17-16 and shall register the property within 10 days of the date of the transfer of ownership. The validity and expiration date of a certificate of compliance shall not be affected by a transfer of ownership. B. The City will hold the purchaser of any hotel, rental dwelling, rooming house or other dwelling regulated by this chapter responsible for any compliance order issued for the property, even though such order may have been issued to the previous owner. Any new purchaser may obtain a copy of any outstanding compliance order at the City of Kalamazoo. Enforcement for failure to comply with an...

A. No person shall operate, lease, rent, occupy, or allow occupancy of a hotel, including a bed-and-breakfast inn, rooming house, multiple dwelling, residential cooperative, residential collective or any rental dwelling, including single-family homes and duplexes, unless there is a valid certificate of compliance issued by the City in the name of the agent and issued for the specific hotel, rooming house, multiple dwelling, residential cooperative, residential collective or rental dwelling. The certificate of compliance shall be displayed in a conspicuous place in each hotel, rooming house, and bed-and-breakfast inn at all times. The certificate shall be issued in conformance with such rules as the City Manager or his or her designee shall promulgate afte...

A. Whenever the City finds that the operator of any rental dwelling, rooming house, bed-and-breakfast inn, residential collective, or hotel has failed to comply with a notice of violation issued pursuant to § 17-13 of this Code, [1] the certificate of compliance may be revoked. [1] Editor's Note: So in original. See now § 17-22 . B. No person whose registration to rent or lease a dwelling regulated by this chapter has been denied or whose certificate of compliance has been revoked shall permit occupancy of the premises until the City has approved the registration of the dwelling and issued a certificate of compliance. C. Upon revocation of a certificate of compliance or a determination by the City that any dwelling unit or structure regulated by this chap...

A. The City may institute an action in the circuit court to prevent, restrain, correct or abate, without limitation, any one of the following violations or unlawful acts: (1) The construction, alteration, conversion or maintenance of a dwelling, including accessory structure, contrary to this chapter or an order or notice given by the City. (2) When the violation or act is considered to have created a nuisance. (3) Under circumstances where the health, safety and welfare of any occupant on the premises or any nearby structure is at risk. B. The procedure for such action shall be the same as for any injunction or abatement of a nuisance under Michigan court rules, statutes or the common law. The remedies the City may seek in the judgment or order entered b...

A. Any person who causes, permits, allows or maintains a condition on or in any premises in violation of a criminal provision of this chapter shall be deemed guilty of a misdemeanor. A person who violates a section of this chapter which provides for civil penalties shall be deemed responsible for a municipal civil infraction. Each week that a violation exists shall constitute a separate offense. B. Any person who causes, maintains, permits or allows a nuisance on or in any premises shall be deemed guilty of a misdemeanor, unless the condition is specifically deemed a civil violation. C. Whenever the Building Official determines that there has been a violation of any provision of this chapter, or any adopted rule or regulation, the City may give notice of ...

A. For violations of this chapter that are considered municipal civil infractions, the minimum fine for a first offense is $150. If the defendant is responsible for a second civil infraction regarding the same property as a prior violation, committed within two years of the prior violation, then the minimum fine is $250. B. For violations of this chapter that are considered misdemeanors, the minimum fine for a first offense is $200. If the defendant is responsible for a misdemeanor offense regarding the same property as a prior offense, committed within two years of the prior offense, then the minimum fine is $300. C. Any person who commits a third or subsequent violation of this chapter, all of which occur within three years, regardless whether a misdeme...

A. In addition to any fines required by § 17-23 , the sentence for a person convicted of a violation of this chapter which is designated as a misdemeanor may include a term of probation to correct any violation of this chapter in existence at the time of the last inspection at the subject property or properties. For chronic offenders, the court shall place that person on probation. Any probation ordered shall continue until the subject property is in full compliance with all provisions of this chapter, and shall set a reasonable deadline considering appropriate circumstances for compliance. If the court finds by a preponderance of the evidence that the defendant has not complied with an order to repair the subject property, it shall order the defendant he...