[Ord. No. 645,
passed 2-11-2002; Ord. No. 695, passed 5-9-2005; Ord. No. 722, passed 9-8-2008; Ord. No. 756, passed 3-12-2012; 2-24-2014 by Ord. No.
777]
(a)
A certain document, three copies of which are on file in the office of the Building Inspector for the City, being marked and designated as the International Property Maintenance Code as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the City for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the International Property Maintenance Code are hereby referred to, adopted and made a part of this chapter by reference as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 1480.09.
(b)
Any reference in this chapter to the International Property Maintenance
Code shall refer to the International Property Maintenance Code most
recently adopted by the International Code Council, Inc.
[Ord. No. 645,
passed 2-11-2002]
The purpose of this chapter and the International Property Maintenance Code, as adopted in Section 1480.01, is to protect the public health, safety and welfare in buildings, whether the buildings are used for commercial, dwelling, or other private uses, as hereinafter provided by:
(a)
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation; for safety from
fire; for space, use and location; for safe and sanitary maintenance;
and for cooking equipment in all dwellings and multifamily dwellings,
as well as commercial buildings, now in existence.
(b)
Fixing the responsibilities of owners, operators and occupants of
multifamily dwellings, as well as non-residential buildings.
(c)
Providing for administration, enforcement and penalties.
[Ord. No. 645,
passed 2-11-2002]
References in the International Property Maintenance Code, as adopted in Section 1480.01, to "state" (and naming of state) shall mean the State of Michigan. References to "municipality" (and name of municipality) shall mean the City of Coldwater. References to the "municipal charter" shall mean the Charter of the City of Coldwater. References to "local ordinances" shall mean the ordinances of the City of Coldwater.
[Ord. No. 645,
passed 2-11-2002]
Whenever the term "code official" is used in the International Property Maintenance Code, as adopted in Section 1480.01, the same shall be construed to mean the Building Commissioner of the City, or any of his or her authorized assistants.
[Ord. No. 452,
passed 10-22-1990]
As used in this chapter:
(a)
NONRESIDENTIAL UNIT — Means a building or structure which is
leased or occupied for the purposes of conducting a business operation.
If a unit, building or structure is used for both residential and
nonresidential purposes, it shall be treated as if it were a multiple-family
dwelling.
(b)
OWNER — Means the titleholder of record or land contract purchaser
of a piece of property, and/or a building or structure or dwelling
place thereon.
(c)
PROPERTY — Means real property, according to the common law
rules.
(d)
RESIDENTIAL UNIT — Means a dwelling place or building in which
sleeping accommodations and cooking facilities as a unit are provided.
Residential units include, but are not limited to, single-family dwellings,
multiple-family dwellings, apartment houses, rooming houses, residential
health care facilities, dormitories, institutions, hotels or motels,
or any similar short-term housing arrangement.
(e)
TENANT-OCCUPANT — Means the person or business entity currently
residing in a structure or on a piece of property, but not the titleholder
of record. The tenantoccupant may be on the property by lease, life
estate or any form of sufferance from the owner.
[Ord. No. 452,
passed 10-22-1990]
(a)
The owner of any structure, either residential or nonresidential,
shall be responsible for extermination and infestation control within
the structure, as well as without the structure, prior to renting,
leasing or selling the structure.
(b)
An owner of a residential structure or property shall be responsible
for the extermination of insects, rodents, vermin or other pests.
A tenant-occupant shall be responsible for such extermination and
the exterior areas of the premises of a single-family dwelling.
(c)
The owner of a multiple-family dwelling, an apartment house, a rooming
house, a hotel or a motel, or any other multiple unit residential
structure shall be responsible for the extermination of any infestation
in the interior of the structure.
(d)
The tenant-occupant of a nonresidential property or structure shall
be responsible for the extermination of any infestation of the property
or structure.
[Ord. No. 452,
passed 10-22-1990]
(a)
All insulation and weatherization shall be done in a workmanlike
manner.
(b)
Only approved materials shall be used in winterization efforts. Approved
materials include those which meet the BOCA standards in terms of
fire safety.
(c)
Any materials which, upon combustion, release toxic fumes, shall
not be permitted to be used in weatherization efforts.
(d)
Weatherization efforts and additions which block paths of ingress
and egress to the structure are prohibited.
[Ord. No. 645,
passed 2-11-2002]
(a)
In the event of a conflict between any of the provisions of the International Property Maintenance Code, as adopted in Section 1480.01, and a provision of any local ordinance, resolution, rule or regulation, the local ordinance, resolution, rule or regulation shall control.
(b)
In the event of a conflict between any of the provisions of such
Code and a provision of any State law, rule or regulation, the State
law, rule or regulation shall control.
(c)
In the event of a conflict between any of the provisions of such
Code and a provision of any other technical code adopted by reference
by the City, the stricter or higher standard shall control.
[Ord. No. 645, passed 5-13-2002; Ord. No. 695, passed 5-9-2005; Ord. No. 722, passed 9-8-2008; Ord. No. 724, passed 12-8-2008; Ord. No. 756, passed 3-12-2012]
The International Property Maintenance Code, as adopted in Section 1480.01 hereof, is hereby amended as follows:
(a)
Section 101.1 is amended to read as follows:
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These regulations shall be known as the Property Maintenance
Code of the City of Coldwater, Michigan, hereinafter referred to as
"this Code."
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(b)
Section 103.5 is amended to read as follows:
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The fees for activities and services performed by the Department
in carrying out its responsibilities under this Code shall be such
as may be approved, from time to time, by the Coldwater City Council.
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(c)
Section 111.2 is amended to read as follows:
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Section 111.2. Membership of the Board. The Board
of Appeals shall consist of five members, plus two alternates, as
indicated below, appointed by the Mayor, subject to approval by the
City Council, having terms as follows: one for five years, one for
four years, one for three years, one for two years and one for one
year. Thereafter, each member shall serve for five years, or until
a successor has been appointed. The Code Official of the jurisdiction
shall be an ex officio member of the Board, but shall have no vote
on any matter before the Board.
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Section 111.2.1. Qualifications of Members. If
possible, at least two members of the Board shall be either licensed
professional engineers or architects, or a licensed builder or superintendent
of building construction with at least five years' of experience.
Not more than two members shall be from the same profession or occupation.
At least one member of the Board shall be a landlord who has rental
property or properties within the City limits of the City of Coldwater.
The remaining member, and alternates, shall be residents of the City
of Coldwater. One of the alternate positions, as provided for below,
may be, but need not be, filled by a member of the City Council for
the City of Coldwater.
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Section 111.2.2. Alternate Members. The Mayor shall
appoint two alternate members who shall be called by the Board Chairperson
to hear appeals during the absence or disqualification of any member.
Alternate members shall possess the qualifications required for Board
membership, and shall be appointed for five years, or until a successor
has been appointed.
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Section 111.2.3. Chairperson. The Board shall annually
select one of its members to serve as the Chairperson.
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Section 111.2.4. Disqualification of Member. A
member shall not hear an appeal in which that member has a personal,
professional or financial interest.
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Section 111.2.5. Secretary. The Mayor shall designate
a qualified clerk to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings in the office of the
City Clerk.
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Section 111.2.6. Compensation of Members. Compensation
of members shall be determined by law.
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(d)
Section 111.3 is amended to read as follows:
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Notice of Meeting. The Board shall meet upon notice
from the Chairperson, within 20 days of the filing of an appeal, or
at stated periodic meetings.
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(e)
Section 111.4 is amended to read as follows
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Open Hearings. All hearings before the Board shall
be open to the public. The appellant, the appellant's representative,
the Code Official and any person whose interests are affected shall
be given an opportunity to be heard. A quorum shall consist of not
less than 1/2 of the Board membership.
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(f)
Section 111.4.1 is amended to read as follows:
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The Board shall adopt and make available to the public, through
the Secretary, procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence,
but shall mandate only that relevant information be received.
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(g)
Section 111.7 is amended to read as follows:
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Section 111.7 Court Review. Any person, whether
or not a previous party of the appeal, shall have the right to apply
to the appropriate court for a writ of certiorari to correct errors
of law. Application for review shall be made in the manner and time
required by law following the filing of the decision in the office
of the City Clerk for the City of Coldwater.
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(h)
Section 111.9 is added thereto, to read as follows:
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Section 111.9 Board of Appeals as Housing Board of Appeals. The Board of Appeals appointed to serve on appeals under the International Property Maintenance Code shall also serve as the Housing Board of Appeals under Chapter 1482 of the City's Code of Ordinances.
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(i)
Section 302.8 is amended to read as follows:
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Motor Vehicles. In any area which is zoned "residential,"
no inoperative or unlicensed motor vehicle shall be parked, kept or
stored outdoors on any premises, and no vehicle shall at any time
be kept or stored outdoors in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth approved
pursuant to NFPA Code, or other applicable local Codes.
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Exceptions:
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(a)
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A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes, under applicable NFPA or local building codes, as appropriate.
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(b)
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Inoperative or unlicensed motor vehicles may be kept or stored
outside of a building on premises which are properly zoned or licensed
as a business for the purpose of repair, maintenance or storage of
motor vehicles.
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(j)
Section 304.14 is amended to read as follows:
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Insect Screens. During the period from April 15
to November 15, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored,
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch (16 mesh per 25 millimeters) and every swinging
door shall have a self-closing device in good working condition. Screens
shall not be required where other approved means, such as air curtains,
or insect repellant fans, are employed.
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(k)
Section 304.1.1 is added thereto, to read as follows:
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Every stair, porch, fire escape and balcony, and all appurtenances
attached thereto, shall be maintained free of garbage, refuse or rubbish.
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(l)
Section 308.2.1 is amended to read as follows:
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Rubbish Storage Facilities. The owner of every
occupied premises shall supply approved covered containers for rubbish,
and the owner of the premises shall be responsible for the removal
of rubbish. No occupant of any dwelling unit (or building) shall allow
any refuse, debris or other offensive substance to accumulate in the
dwelling unit or building or in any other area over which said occupant
has use or possession.
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(m)
Section 308.4 is added thereto, to read as follows:
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Use and Maintenance of Facilities. Every occupant
shall cooperate with and assist the Owner to keep and maintain the
dwelling, dwelling unit and premises, to meet the minimum requirements
of this Code as it refers to rubbish and garbage.
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(n)
Section 404.8 is added thereto, to read as follows:
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An occupant shall not sublet or allow any portion of the dwelling
to be occupied in such a manner that any of the provisions of this
Code are violated.
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(o)
Section 602.3 thereof is amended by inserting therein the dates "November
1 to April 15."
(p)
Section 602.4 thereof is amended by inserting therein the dates "November
1 to April 15."
(q)
Section 302.1 is amended by adding the following language at the
end thereof: "Indoor furniture, including but not limited to couches,
chairs, and appliances, may not be stored or used outside of the residence."
[Ord. No. 500,
passed 12-12-1994]
The Building Commissioner and his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $100, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $250, plus costs
and other sanctions, for each infraction.
