[HISTORY: Adopted by the Village Council of the Village of
New Haven as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Housing and property maintenance — See Ch. 304.
[Adopted 8-13-2013 by Ord. No. 318]
For the health and safety of tenants and for the welfare of
the public, the Village of New Haven recognizes the need for an organized
inspection and registration program for residential rental units located
within the Village in order to ensure that rental units meet all applicable
building, existing structures, fire, health, safety, and zoning codes.
The Village hereby finds that the most efficient system to achieve
such objectives is a program requiring the registration and inspection
of residential rental units within the Village.
As used herein, the following terms and words shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended.
A building, mobile home, or portion thereof, designed for
occupancy for residential purposes and having cooking facilities and
sanitary facilities, except:
Places of public accommodation such as a hotel, motel, or bed-and-breakfast
establishments;
Units required to be occupied by an employee or agent of an
owner as a condition of employment (i.e., parsonages);
Any dwellings, dwelling units or mobile homes, which the state
has exclusive authority under state law to inspect and regulate;
The principal residence of the owner, which is temporarily occupied
by a person(s) other than the owner for not more than two years;
The dwelling of a surviving spouse who is living in a home which
is owned by the deceased spouse's heirs, estate or trust;
A dwelling in which a parent, child, brother, or sister of an
owner is living;
Dwellings in a dormitory operated by an institution of higher
education; and
Dwelling units in which an owner of such unit resides unless
the nonowner occupant(s) of such dwelling unit pays rent or makes
other compensation to the owner for occupancy of the dwelling unit.
Any person who owns or controls a dwelling, dwelling unit,
or rental unit and rents such unit, either personally or through a
designated agent, to any person.
The legal title holder of a rental unit or the premises within
which the rental unit is Village of New Haven situated.
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located.
Any natural individual, firm, partnership, association, joint
stock company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
A lot, plot or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
Any dwelling unit or residential structure containing sleeping
units, including but not limited to apartments, boarding houses, or
sleeping rooms, which is leased or rented from the owner or other
person in control of such units, to any tenant, whether by day, week,
month, year or any other term.
A natural person having his or her place of residence in
the State of Michigan and designated by the property owner as the
agent responsible for operating such property in compliance with the
ordinances adopted by the Village.
Any individual who has the temporary use and occupancy of
real property owned by another person in subordination to that other
person's title and with that other person's consent; for
example, a person who rents or leases a dwelling, dwelling unit, or
rental unit from a landlord.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Village to be occupied, unless all of the following
requirements have first been met:
A.
The owner of the rental unit shall have registered the rental unit with the Building Official and Zoning Department of the Village by completing and filing a current registration form with the Building Official and Zoning Department, as provided in § 408-4.
B.
An inspection shall have been completed to the satisfaction of the
Building Official and Zoning Department.
C.
A valid certificate of compliance shall have been issued by the Building
Official and Zoning Department.
D.
All fees charged by the Village for the registration and inspection
of the rental unit shall be paid in full.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Village to be occupied without first registering the
rental unit with the Building Official and Zoning Department and designating
a responsible local agent.
A.
Registration forms. Registration shall be made upon forms furnished
by the Building Official and Zoning Department and shall require all
of the following information:
(1)
The street address of the rental unit(s);
(2)
The number and types of rental units within the rental property;
(3)
Name, business and residence address, telephone number, and, where
applicable, an e-mail address, mobile telephone number, and facsimile
number of all property owners of the rental unit(s);
(4)
Name, residence address, telephone number, and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5)
The maximum number of occupants proposed for each rental unit;
(6)
The name, address, telephone number, and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to order repairs or services for the property if different
than the owner or responsible local agent, if in violation of Village
or state codes, if the person is other than the owner or the responsible
local agent; and
(7)
Information relating to the size of all habitable rooms.
B.
Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit,
or fail to provide the information required for such registration.
The registration form shall be signed by the properly owner(s) or
the designated responsible local agent. Where the owner is not a natural
person, the owner information shall be that of the President, general
manager or other chief executive of the organization.
C.
Change in registration information or transfer of property. Except
for a change in the registered local agent, the property owner of
a rental unit registered with the Village shall re-register within
30 calendar days after any change occurs in the registration information.
If the property is transferred to a new owner, the new property owner
of a registered rental unit shall re-register the rental unit within
30 calendar days following the transfer of the property. Property
owners shall notify the Building Official and Zoning Department of
any change in the designation of the registered local agent, including
a change in name, address, e-mail address, telephone number, mobile
telephone number or facsimile number of the designated registered
local agent within 30 business days of the change. If a transfer of
ownership occurs and there is a current certificate of compliance
on file, then the new owner will only have to pay the registration
fee upon the expiration of the current registration. It will still
be required that the new owner fill out a new registration form.
D.
Responsible local agent. The designated responsible local agent shall
be responsible for all of the following:
(1)
Operating the registered rental unit in compliance with all applicable
Village ordinances;
(2)
Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
Village ordinances, except where the tenant has refused entry;
(3)
Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4)
Accepting all legal notices or services of process with respect to
the rental unit.
A.
Registration requirements. All facilities, areas and rental units
governed by this article shall be inspected and shall comply with
the standards and provisions of the ordinances and codes adopted by
the Village. The enforcing officer may inspect buildings and structures
to secure the health safety and welfare of the occupants and of the
general public and to obtain and maintain compliance with the standards
of this article. In addition, the property owner shall provide to
the Village an inspection certification report on a form as provided
by the Village which is signed by a licensed mechanical contractor
that the heating system is in satisfactory condition. Such an inspection
certification report shall be provided when an applicant applies for
a certificate of compliance and/or after it has been determined that
the heating system does not meet a code requirement. The enforcing
officer may inspect residential rental units once every three years
without first receiving a complaint or without other cause, and in
addition, may inspect the dwelling unit and other buildings and structures
on the premises of a dwelling unit under any of the following circumstances:
(1)
If registration and/or re-registration and certification of a rental
unit is required by this article;
(2)
Upon the request of an owner of a rental unit for an advisory inspection;
(3)
Upon receipt of a complaint from an owner or occupant that the premises
are in violation of this article;
(4)
Upon receipt of a report or a referral from the police department,
other public agency or department, or any individual indicating that
the premises are in violation of this article, which report or referral
is based on the personal knowledge of the person making the report
or referral;
(5)
If an exterior survey of the premises gives the enforcing officer
probable cause to believe that the premises are in violation of this
article;
(6)
Upon the enforcing officer's receipt of information that a rental
unit is not registered with the Village as required by this article;
(7)
Upon receiving a report or making an observation that a dwelling
unit is unoccupied and unsecured or that a dwelling is damaged by
fire;
(8)
If there is a need to determine compliance with a notice or an order
issued by the Village;
(9)
Annually, if the dwelling unit had a problem with its heating system,
hot water heater, or if five or more code violations were present
at the last regular inspection prior to any re-inspections or at the
time of a complaint inspection; or
(10)
If a life safety issue or an emergency is observed or is reasonably
believed to exist.
B.
Term. A certificate of compliance is valid for three years from the
date of issuance. A new inspection and certificate shall not be required
prior to a transfer if a certificate of compliance was issued within
one year prior to the transfer of title.
C.
Transfer exemptions. For purposes of this subsection only, a sale
or transfer does not include a transfer:
D.
Compliance before transfer. All major violations cited shall be corrected
prior to transfer of title, unless the new owner submits a signed
affidavit prior to the transfer to the Building Official and Zoning
Department in which the new owner states that the new owner will assume
responsibility to make the necessary corrections.
E.
Inspection procedures.
(1)
Once the Building Official and Zoning Department has determined that
a rental unit is in compliance with all of the ordinances adopted
by the Village and state law, the inspection required for issuance
of a certificate of compliance shall be satisfied.
(2)
If, upon completion of an inspection, the premises are found to be
in violation of one or more provisions of applicable Village and state
codes and ordinances, the Building Official and Zoning Department
shall provide the registered local agent and/or owner with written
notice of such violations. The Building Official and Zoning Department
shall set a reinspection date before which such violation shall be
corrected. If such violation has been corrected within that period,
the inspection required for issuance of a certificate of compliance
shall be satisfied. If such violations have not been corrected within
that period, the Building Official and Zoning Department shall not
issue the certificate of compliance and may take any action necessary
to enforce compliance with applicable Village and state codes and
ordinances.
(3)
If there is a complaint filed on a property with the Building Official
and Zoning Department, the owner and/or responsible local agent will
be notified in writing. In the event that the complaint is of an emergency
nature, as determined by the Building Official and Zoning Department,
it will require immediate compliance with the adopted property maintenance
ordinance. If the complaint is not of an emergency nature, the owner
will be granted an appropriate period of time to correct such violation,
after which a reinspection or written verification from owner and/or
responsible local agent and complaining party that the violation has
been corrected will be required.
(4)
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
(5)
Where a reinspection must be made to ensure conformity with this
article or before a certificate of compliance is issued for those
rental units that have been issued violation notices, the Village
will charge a separate inspection fee for every inspection when the
violation has not been abated or corrected as provided in this article.
(6)
If an inspection is scheduled and the owner or responsible local
agent fails to appear, an inspection fee shall be assessed against
the owner and/or the responsible local agent, and an additional inspection
fee shall be charged for the actual inspection.
(7)
All correction notices and appeals to correction orders shall be
governed by the property maintenance code of the Village of New Haven.
F.
Transfer of ownership inspections.
(1)
When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance exists for the unit, then the Building Official and Zoning Department shall waive the inspection if a certificate of compliance was issued within one year prior to the transfer of title. The new owner shall comply with the requirements of § 408-4 of this article by reregistering the rental unit within 30 calendar days following the transfer of the property.
(2)
When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance which is less than one year old does not exist for the unit, then the Building Official and Zoning Department shall conduct an inspection within 30 calendar days following the notification of the transfer of ownership as required by § 408-4. If violations of this article or any other Village ordinance or code or state code or law are found, a notice of violation shall be issued to the owner.
(3)
If ownership of any rental unit is transferred contrary to Subsection F(1) or (2) of this section, or if the new owner fails to reregister a rental unit as required by § 408-4, the property will not be in compliance with this article and the certificate of compliance and rental unit registration shall be deemed to expire within 60 days of the transfer unless appropriate steps are taken to obtain a rental unit registration and certificate of compliance.
(4)
Within 30 calendar days of the transfer of ownership of a rental
unit, the new owner shall notify all residents of a rental unit which
undergoes a transfer of ownership while the individuals are residing
in that unit, including an owner-occupied rental unit, of the transfer
of ownership.
No person shall own, operate, lease, rent, occupy, or otherwise
allow a rental unit within the Village to be occupied unless there
is a valid certificate of compliance or temporary certificate issued
by the Building Official and Zoning Department for the rental unit.
A certificate of compliance shall be issued for each building containing
a rental unit.
A.
Requirements. A certificate of compliance shall be issued only after
all of the following requirements have been satisfactorily completed.
(1)
Registration of the rental unit with the Building Official and Zoning
Department;
(2)
Designation of the responsible local agent;
(3)
Payment in full of any and all required fees for registration and
inspection fees; and
(4)
Inspection by the Building Official and Zoning Department resulting
in a determination that the rental unit and the property complies
with all Village ordinances and state law.
B.
Temporary certificates.
(1)
Temporary certificates of compliance for up to three years may be
issued without prior inspection by the Building Official and Zoning
Department for those occupied rental units existing as of February
19, 2007. Such temporary certificates of compliance may be issued
as of the effective date of the initial registration following February
19, 2007, to allow property owners to operate such rental units until
such time as an inspection may be made by the Building Official and
Zoning Department. At such time as an inspection is made and the Building
Official and Zoning Department has determined that provisions of this
article have been complied with, the temporary certificate shall expire.
(2)
When a rental certificate of compliance is required, the Building
Official and Zoning Department may issue a temporary rental certificate
of compliance if all of the following circumstances exist:
(a)
The Building Official and Zoning Department is unable to complete
an inspection of a rental unit to verify compliance with this article.
(b)
The enforcing officer is not aware of any current major violations.
(c)
The property owner has paid the annual registration fee and
the inspection fees assessed against the property owner.
(3)
The Building Official and Zoning Department may issue a temporary
rental certificate of compliance for a newly registered rental unit.
(4)
The Building Official and Zoning Department may issue a temporary
rental certificate of compliance for a rental unit subject to a housing
order notice containing major or minor violations if the property
owner is in the process of correcting such violations and can show
proof of same.
(5)
Except as otherwise provided, a temporary rental certificate of compliance
shall be valid until the enforcing officer completes an inspection
and issues an order granting or denying a rental certificate of compliance.
A temporary rental certificate of compliance may also be revoked by
the Building Official if the property owner refuses to schedule and/or
permit an inspection after having been given a fourteen-day notice
that an inspection must be scheduled, unless the tenant has refused
access to the Building Official.
A.
The Building Official and Zoning Department may suspend a three-year
rental certificate of compliance for a rental unit if the responsible
person fails to comply with a housing order notice which was issued
as the result of any required inspection, or if the responsible person
fails to pay any fee as required by this article.
B.
In such event, the enforcing officer may placard the property and
order that it be vacated. The Building Official and Zoning Department
shall reinstate a suspended certificate of compliance upon a determination
that all violations are corrected and upon payment of the reinspection
fees. The reinstated rental certificate of compliance shall be issued
for a period of not more than three years from the date of the original
certificate.
C.
A certificate of compliance or a temporary rental certificate of
compliance shall expire on the date stated on the certificate. Sixty
days after such expiration date, no person shall occupy a rental unit
unless a new certificate of compliance has been issued.
D.
If the Building Official and Zoning Department suspends a rental
certificate of compliance, or if a three-year rental certificate of
compliance has expired, then the Building Official and Zoning Department
shall notify the occupant(s) of the suspension or expiration. The
notice shall inform the occupant(s) that he or she may pay rent into
a self-established escrow account until he or she vacates the unit,
the rental certificate of compliance is reinstated or renewed, or
a temporary rental certificate of compliance has been issued, whichever
occurs first. This subsection shall not apply if the property owner
establishes that the suspension of the rental certificate of compliance
is due to violations that were caused by the occupant(s) of the rental
unit. Once the rental certificate of compliance is reinstated or a
temporary rental certificate of compliance has been issued, the rent
shall again become due and payable in accordance with the terms of
the lease or other agreement between the property owner and the occupant(s)
or as determined by a court of law.
E.
The Building Official and Zoning Department shall immediately notify
the owner of any decision affecting the status of a rental certificate
of compliance and advise the owner of their right to appeal and the
procedures therefore. A tenant shall be notified if a certificate
of compliance is revoked. All appeals of a decision of the Building
Official shall be made to the Village Zoning Board of Appeals, and
the rules of such board shall govern such appeals.
The annual registration fee shall be $15 per dwelling unit.
The annual registration fee shall be owing as of June 1 of each year
and/or at the time that a dwelling unit is first rented. Property
owners who have dwelling units which are being rented at the time
of this article or who are seeking to renew the annual registrations
shall be billed at least 30 days prior to the due date of the annual
registration fee. The annual registration fee shall not be prorated
for any partial rental year. In addition to the annual registration
fee, a rental inspection fee shall be charged. The rental inspection
fee for the certificate of compliance shall be $60 for the first dwelling
unit and $30 for each additional dwelling unit on the premises. The
rental inspection fee shall be due at the time that a property owner
is required to apply for a certificate of compliance and also at the
time that a property owner is required to apply for a renewal of a
certificate of compliance. The rental inspection fee shall be owing
in accordance with the following:
A.
For one reinspection following the initial inspection or the initial
notice of deficiency, no additional fee shall be owing.
B.
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
C.
If an inspection is initiated by a complaint and if a violation is
found to exist, a fee of $35 shall be owing.
D.
For the second additional inspection following the initial inspection
and notice of deficiency, an additional fee of $100 shall be owing;
and
E.
For all inspections after the second additional inspection and notice
of deficiency, an additional fee of $200 per inspection shall be owing.
All rental inspection fees shall be paid within 30 days of billing.
If the rental inspection fees are not paid within such time period,
then at the option of the Village, the certificate of compliance shall
be suspended, and the dwelling unit for which the rental inspection
fee is not paid is to be vacated by the tenant(s).
All records, files and documents pertaining to the rental registration
and inspection ordinance shall be maintained by the Building Official
and Zoning Department and made available to the public as allowed
or required by state law.
A.
Enforcing officer. It shall be the duty and responsibility of the
Building Official to enforce the provisions of this article as herein
provided. The term "enforcing officer" shall mean the Building Official
or his or her duly authorized representative. The enforcing officer
has authority to issue and serve appearance tickets in regard to the
enforcement of this article and is hereby designated as an authorized
local official to write civil infraction tickets.
B.
Coordination of enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of this article
shall be the exclusive responsibility of the enforcing officer. Wherever,
in the opinion of the enforcing officer, it is necessary or desirable
to have inspections of any condition by any other department, he or
she shall arrange for this to be done in such manner that the owners
or occupants of buildings shall not be subjected to visits by numerous
inspectors or to multiple or conflicting orders, to the extent reasonably
practicable under the circumstances. No order for correction of any
violation under this article shall be issued without the approval
of the enforcing officer.
C.
Administrative liability. Except as may otherwise be provided by
state statute, local law or ordinance, an officer, agent or employee
of the Village charged with the enforcement of this article shall
not render himself or herself personally liable for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of his or her duties under this article.
A person who institutes or assists in a prosecution under this article
shall not be liable for damages hereunder, as long as the person who
institutes or assists in the prosecution has reasonable cause to believe
that the party accused or prosecuted was responsible of any unlawful
act or omission. Any suit brought against any officer, agent or employee
of the jurisdiction, as a result of any act required or permitted
in the discharge of his or her duties under this article, shall be
defended by the legal representative of the Village until the final
determination of the proceedings.
D.
Inspections. The enforcing officer may make or cause to be made inspections
to determine the conditions of all structures and premises in order
to safeguard the safety, health and welfare of the public under the
provisions of this article.
E.
Right of entry. When an inspection shall be made, the enforcing officer
may request permission to enter the premises at any reasonable time
for the purpose of performing his or her duties under this article.
Permission to access the premises may be granted by the owner of the
premises, his or her agent, or a tenant occupying the premises or
any other occupant of the premises. If there is an emergency, then
the enforcing officer shall have the right to enter at any time.
F.
Warrants for nonemergency situations. In a nonemergency situation
where the owner, his or her agent, a tenant or other occupant of the
premises demands a warrant for the inspection of the premises, the
enforcing officer shall obtain a warrant from a court of competent
jurisdiction. It shall be appropriate and sufficient to set forth
the basis for inspection (e.g. complaint, compliance, etc.) established
in this article and other applicable acts or in rules or regulations.
The warrant shall also state that it is issued pursuant to this subsection,
and that it is for the purposes set forth in this article and other
acts which require that inspections be conducted. If the court finds
that the warrant is in proper form and in accord with this subsection,
then it shall issue the warrant forthwith. In the event of an emergency,
no warrant shall be required.
G.
Access by owner. Every tenant or other occupant of a property in
the Village shall give the owner thereof, or his or her agent or employee,
access to any part of the premises at reasonable times for the purpose
of making such inspections, maintenance, repairs or alterations as
are necessary to comply with the provisions of this article.
H.
Rules and regulations. The Building Official may adopt rules to govern
the procedures under this article and interpretation thereof. The
rules shall set forth the procedures for inspections, registration
of rental units, issuance of rental certificates of compliance and
temporary rental certificates of compliance, proceedings affecting
the status of a certificate and appeals. Copies of such rules shall
also be placed on file in the office of the Village Clerk for inspection
by the public.
A.
Any person who shall violate a provision of this article, or who
fails to comply therewith, or with any of the requirements thereof,
shall be prosecuted within the limits provide by the State of Michigan
and the Village of New Haven.
B.
Unless otherwise provided in this article, any person, firm, or corporation,
or any owner of any building, structure, or premises, or part thereof,
where any condition in violation of this article shall exist or shall
be created, shall be responsible for a civil infraction. A violation
includes any act which is prohibited or made or declared to be unlawful
or an offense by this article, or any omission or failure to act where
the act is required by this article. Upon a finding of responsibility,
a defendant shall be responsible for a civil fine for each infraction
as provided for in this section, infra, plus any costs, damages, expenses,
and other sanctions, as authorized under Chapter 87 of Act No. 236
of the Public Acts of 1961, as amended,[1] and other applicable laws.
[1]
Editor's Note: See MCLA § 600.8701 et seq.
C.
Violations shall be punishable as municipal civil infractions, as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. A sanction shall be a civil fine as provided in Chapter 59, plus costs, damages, expenses, and other sanctions, as authorized by law. As used in this section, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:
[Amended 1-13-2015 by Ord. No. 333]
D.
Each day on which any violation of this article continues shall constitute
a separate offense and shall be subject to penalties or sanctions
as a separate offense. In addition to any remedies available at law,
the Village may bring an action for an injunction or other process
against a person to restrain, prevent or abate any violation of any
section of this article which is declared to be a civil infraction.
E.
In the event that a person or entity who is found responsible fails
to obey any correction order or order of mandamus which may be issued
by a court, such person or entity may be required by a court of law
to pay all reasonable costs and expenses which are incurred by the
Village in making the corrective action or actions.
The Village shall have the right to obtain an order of mandamus
and/or an injunction so as to enforce the terms and conditions of
this article. All remedies which are provided by this article shall
be cumulative.
