[Ord. No. 4-2019, 3/14/2019[1]]
This Part shall be titled "The Canton Township Renter Registration
Ordinance of 2019."
[1]
Editor's Note: This ordinance also repealed former Part
1, Occupancy Inspection and Renter Registration, adopted by Ord. No.
4-2002, 10/16/2002, as amended.
[Ord. No. 4-2019, 3/14/2019]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A person designated in writing by the owner of a rental dwelling
to act for or in place of the owner.
The building codes officially adopted by Canton Township
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.
A structure utilized for residence or lodging, for a period
of no less than 30 days, whether utilized as a single-family or multifamily
dwelling, and shall include stick-built and manufactured houses, trailers,
apartment houses, conversion apartments, duplexes, triplexes, garden
apartments, mobile homes, modular units, time shares or other space
for human occupancy or habitation.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one or more persons, which include permanent provisions
for living, sleeping, cooking and sanitation, including, but not limited
to, dwellings located at manufactured home parks or manufactured home
subdivisions or substantial improvements to existing manufactured
home parks.
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit; or not more
than five persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
It provides nonrouting support services, including supervision,
personal care, social or counseling services, and transportation,
to persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of a physical
disability, old age, mental retardation or other "handicap" or "disability"
as defined by the Fair Housing Amendments Act or the Americans with
Disabilities Act;
It provides for the joint occupancy of a dwelling unit where
the residents maintain a common household and practice, on a permanent
or long-term basis, a joint economic, social and cultural life;
It does not involve the housing of persons on a transient basis;
and
It does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal court or agency to be a danger
to society or are on release or under the jurisdiction of the criminal
justice system, a government bureau of corrections or similar institution.
"Family" shall not include persons living together in a group
care facility, personal care boarding home or transitional dwelling,
as defined herein, or any other supervised group living arrangement
for persons not protected by the Fair Housing Act or for any persons
who constitute a direct threat to others or their physical property.
To permit possession or occupancy of a dwelling, dwelling
unit, building or structure by a person who shall be a legal owner
of record thereof, or such owner's agent, pursuant to a written
or unwritten lease, agreement or license or pursuant to recorded or
unrecorded articles of agreement for the sale of the land.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designated
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A unit transported on a removable or nonremovable frame,
in which some or all of the component parts are fabricated, formed
or assembled off-site in a factory, transported to the site for assembly
and installed on the building site. The term includes "module," "prefab,"
"factory-built," "S1 panel-built" and similar terms. The completed
unit shall comply with building code standards for conventionally
constructed units; the modular unit is considered real property.
The period of time during which a person rents, owns or uses
certain premises or land.
Any person, agent, firm, or corporation having a legal or
equitable interest in real property.
Any individual, partnership, association, firm or corporation
for any other group acting as a unit.
A dwelling unit occupied by an occupant or occupants under
a rental agreement.
A written or verbal agreement with the owner or landlord
and occupants or tenant employing the terms and conditions concerning
the use and occupancy of a specified dwelling unit.
An improvement built upon land which is constructed for human
occupancy.
The official appointed by Canton Township and charged with
the administrative and enforcement of the Building Code.
[Ord. No. 4-2019, 3/14/2019]
1.
Each owner of a rental dwelling shall submit to the Secretary of
the Township a report on a form supplied by the Township Secretary,
which includes the following information:
A.
List of the dwelling units located in the Township, whether occupied
or not, in which owner has an interest, whether the interest be legal
title, equitable title, or ownership;
B.
Address of each dwelling unit;
C.
Brief description of each dwelling unit;
D.
Whether or not said dwelling unit is occupied; and
E.
Names of the occupants utilizing the aforementioned dwelling unit,
if any.
[Ord. No. 4-2019, 3/14/2019]
After the effective date of this Part, any person who becomes an owner of a rental dwelling located in the Township by agreement of sale, deed, articles of agreement, or by any other means, shall within 30 days thereafter, report to the Treasurer of the Township the information and data set forth in § 11-103 on forms to be provided by the Treasurer of the Township.
[Ord. No. 4-2019, 3/14/2019]
After the effective date of this Part, every owner of a rental
dwelling within the Township shall report to the Township Treasurer,
on a report form to be supplied by the Township Treasurer, any change
in the use or occupancy of any dwelling unit. The report submitted
shall include the name or names of new occupants of such dwelling
unit, the date when such change was effected, and the forwarding address
of the old occupant or occupants, if known. An owner of a hotel, inn
or boarding house shall not be required to report a person as an "occupant"
until the person has resided in such owner's establishment exceeding
30 days. In the event that a dwelling unit was used or utilized by
occupants and becomes vacant, this change shall also be reported to
the Township Treasurer. All reports required by this section shall
be made within 10 days after an owner has knowledge that such a unit
has had a change in occupancy or has become vacant.
[Ord. No. 4-2019, 3/14/2019]
[Ord. No. 4-2019, 3/14/2019]
1.
All owners of dwellings, dwelling units, office buildings or other
structures established for human occupancy shall secure an occupancy
permit prior to permitting a unit to be occupied. Permits must be
secured from the Zoning Officer and/or Code Enforcement Officer of
the Township upon the occurrence of the following:
[Ord. No. 4-2019, 3/14/2019]
1.
No occupancy permit shall be issued for occupancy unless the premises
shall be inspected by the Township's Zoning Officer and/or Code
Enforcement Officer and meet the minimum requirements and standards
for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety,
safety from fire and other hazards and safe and sanitary maintenance
in accordance with the Building Code and other applicable Township
Ordinances.
2.
Occupancy inspections shall at all times be arranged in accordance
with the following procedures:
A.
The property owner or landlord shall contact the Township's
Zoning Officer and/or Code Enforcement Officer and arrange a mutually
convenient time to conduct inspection of the property. The Zoning
Officer and/or Code Enforcement Officer shall inspect the property
and shall either issue an occupancy permit or shall issue a notice
of violation with time prescribed for remedial actions to be taken
in order for the occupancy permit to be issued.
B.
Should the property owner or landlord fail to obtain an occupancy
permit prior to the reletting of a unit, the inspection shall take
place according to the following procedure:
(1)
The Zoning Officer and/or Code Enforcement Officer shall forward
to the appropriate owner, via certified United States mail/return
receipt requested, a written request to arrange a mutually convenient
time and date for a meeting. If attempts pursuant to this method of
communication shall fail, then
(2)
The Zoning Officer and/or Code Enforcement Officer may cause
a citation to be issued for the property owner's failure to secure
an occupancy permit or permit entry to the unit.
[Ord. No. 4-2019, 3/14/2019]
[Ord. No. 4-2019, 3/14/2019]
1.
The Township Treasurer shall:
A.
Maintain a file in the Township office containing a list of the names
of the owners of the dwelling units in the Township. Said list shall
include the names of the current occupants of said dwelling units;
C.
Notify the Fire Department of the Township of the address and description
of any dwelling unit which is vacant or unoccupied.
[Ord. No. 4-2019, 3/14/2019]
1.
The Township Zoning Officer and/or Code Enforcement Officer shall
be the appointed officer to enforce the provisions of this Part.
2.
The Township's Zoning Officer and/or Code Enforcement Officer
shall forward an enforcement notice via certified mail/return receipt
requested to all owners of property who are in violation of any section
of this Part.
3.
The enforcement notice shall contain the following information:
A.
The name of the owner of the record and any other person against
whom the Township intends to take action;
B.
The location of the property in violation;
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this Part or applicable Code;
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed; and
[Ord. No. 4-2019, 3/14/2019]
Any person who shall violate any provisions of this Part shall,
upon summary conviction thereof, be sentenced to pay a minimum fine
of $300 but not more than $1,000 and/or be subject to imprisonment
for a term not to exceed 90 days. Each day during which any violation
of any provisions of this Part occurs shall constitute a separate
offense. In addition to said penalties, the Township shall reserve
unto itself all of the available legal remedies for the compliance
with this Part, including an action in equity for the proper enforcement
of this Part. The imposition of a fine or penalties for any violation
or noncompliance with this Part shall not excuse the violation or
noncompliance or permit the same to continue.
[Ord. No. 4-2019, 3/14/2019]
In the event that any provision, section, sentence or portion
of this Part shall be held invalid, such invalidity shall not effect
or impair any of the remaining provisions of this Part, as the provision
are severable and would have been enacted had not such invalid provisions
been included herein. All ordinances or part of ordinances, which
are inconsistent herewith, are hereby repealed.
