[Code 1992, § 16-31; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006[1]]
(a)
The City recognizes the importance to the general health, safety
and welfare of all of its citizens, including its citizens who reside
in non-owner-occupied residential structures. The City, therefore,
also recognizes a compelling interest in establishing standards for
the maintenance of sanitary and safe non-owner-occupied residential
structures in the City. This article is designed to promote the continued
maintenance of quality and safe non-owner-occupied residential properties
and to enhance and maintain property value of all properties and to
reduce the causes of blight and other deleterious factors affecting
neighborhoods.
(b)
It is the City's policy that all non-owner-occupied residential
structures must be registered with the City and a valid and current
certification of compliance be in effect at all times a non-owner-occupied
residential structure is being occupied. It is also the policy of
the City that certification only be available for those non-owner-occupied
residential structures which meet and maintain the minimum standards
set by the City.
[1]
Editor's Note: This ordinance also changed the title of this
Art. V from "Rental Certification" to its current title.
[Code 1992, § 16-32; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
For the purposes of this article, the responsible local agent
shall be an individual person who represents the owner, a real estate
holding company, corporation, partnership or other legal entity and
must have a place of residence in the state within 45 miles of the
City limits. The responsible local agent shall be designated by the
owner as legally responsible for operating such premises in compliance
with all the provisions of the City codes and ordinances. The owner
may act as the responsible local agent, provided he or she resides
in the state and within 45 miles of the City limits. All official
notices of the City may be issued to the responsible local agent,
and any notice so issued shall be deemed to have been issued upon
the owner of record.
[10-24-2016 by Ord. No.
16-004]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
An establishment or building where meals, lodging or both
are provided for compensation with the following stipulations:
[10-26-2015 by Ord. No.
15-010; 10-24-2016 by Ord. No. 16-004]
Rental shall be prearranged and without limitations or time
periods involved.
No cooking facilities shall be permitted in sleeping rooms.
There shall not be more than four sleeping rooms per establishment.
No more than one person shall occupy each sleeping room.
There shall be provided one toilet and bathing facility per
two sleeping rooms.
Boardinghouses are subject to the Rental Certification Ordinance
and shall be licensed and inspected.
Only allowed in the A-1 and A-2 Zones with a minimum site size
of 10,000 square feet.
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Boardinghouses are subject to all other City ordinances and
applicable codes.
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The Chief Inspector of the City or authorized representative.
A certificate issued by the Rental Certification Division
which certifies compliance with this article and the date of such
certification.
[9-27-2021 by Ord. No.
21-006]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
Shall be synonymous with the terms "she," "it," and "they";
and the term "his" shall be synonymous with the terms "her," "its"
and "theirs."
A dwelling unit that is shared on a temporary basis by unrelated
persons or nonfamily members, regardless of whether consideration
is exchanged.
[9-27-2021 by Ord. No.
21-006]
The most recent standards of construction and maintenance
for residential property in general and non-owner-occupied residential
property in particular, as adopted by the City Council.
[9-27-2021 by Ord. No.
21-006]
Any person who is the owner or the owner's current spouse,
parent or grandparent, child or grandchild, brother or sister, mother-in-law
or father-in-law, brother-in-law or sister-in-law, daughter-in-law
or son-in-law, nieces or nephews, aunts or uncles. Adopted, half,
and step members are also included in immediate family. Any other
relative not mentioned in this definition is not considered immediate
family.
[10-24-2016 by Ord. No.
16-004]
Those guidelines as adopted by the City Council to be used
by the Building Official in conducting inspections, setting forth
the minimum requirements for dwellings inspected under this article.
Any written or oral agreement that sets forth conditions
concerning the use and occupancy of non-owner-occupied residential
structures or non-owner-occupied residential units.
[9-27-2021 by Ord. No.
21-006]
A person, partnership, firm or corporation that actively
operates or manages a non-owner-occupied residential property for
the owner.
[9-27-2021 by Ord. No.
21-006]
As defined in Chapter 52, Zoning, of the City Code of Ordinances.
[10-24-2016 by Ord. No.
16-004]
A non-owner-occupied complex with 20 or more units on one
site under one ownership and one identified complex name. May be separate
tax parcel identification numbers or separate mailing addresses, but
must be on one contiguous parcel of land in one identified area.
[9-27-2021 by Ord. No.
21-006]
Any residential dwelling or unit constructed, intended, or currently used as habitable space in which the owner of the dwelling or unit does not reside regardless of whether consideration is exchanged. This term does not apply to any residential dwelling or unit which is the primary domicile of the owner and is temporarily unoccupied for a period of not more than 160 days. A residential dwelling or unit being sold on a land contract or similar instrument is not considered a non-owner-occupied residential dwelling or unit if: a) the land contract or similar instrument is recorded and a copy provided to the Planning Department as required under § 10-153; and b) the owner/seller does not obtain a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the owner/seller may terminate the land contract without proceeding through forfeiture and/or foreclosure. Examples of non-owner-occupied residential dwellings or units include, but are not limited to, the following:
[9-27-2021 by Ord. No.
21-006]
A traditional lease with a written contract;
A lease or rental arrangement with no written contract;
A dwelling or unit where the owner does not reside, but any
other person resides, regardless of whether the occupants are related
to the owner;
Whenever a residential dwelling or unit used for or intended
for residential purposes is vacant or occupied by anyone other than
the owner of record as shown in the records of the City Assessor,
and the owner does not occupy the dwelling or unit, there shall exist
a presumption that such dwelling or unit is a non-owner-occupied residential
dwelling or unit regardless of whether monetary compensation is exchanged
between the owner and the person(s) occupying the residential dwelling
or unit. In addition, there shall be a presumption that the dwelling
is non-owner-occupied if the property or unit was rented, leased,
let, certified, or registered under this article within the last six
months, and the owner has not properly applied for a change in use;
Non-owner-occupied residential dwellings or units shall include
the following properties and/or the rental of any residential dwelling
unit for less than 30 days, such as: home sharing, vacation rental
or short-term rentals, and transient use or transient residential
occupancy, even if the owner occupies the dwelling or unit at other
times;
A residential dwelling or unit being sold on land contract or similar instrument if: a) the land contract or similar instrument is not recorded and a copy provided to the Planning Department as required under § 10-153; and/or b) the owner/seller obtains a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the owner/seller may terminate the land contract without proceeding through forfeiture and/or foreclosure.
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A non-owner-occupied residential dwelling or unit rented for less than 30 days shall not be allowed in the R Zone. Any non-owner-occupied residential dwelling or unit must be certified and shall require a certification of compliance from the Rental Certification Division before the dwelling or unit can be occupied as a non-owner-occupied residential dwelling or unit. Prior to being occupied and at all times during occupation, all non-owner-occupied residential dwellings or units shall comply with all Code of Ordinances of the City of Port Huron and specifically as regulated by Chapter 10, Buildings and Building Regulations, and Chapter 52, Zoning, after a special approval use permit in certain zones with the City.
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Any building or structure where a non-owner-occupied residential
dwelling or unit is located.
[9-27-2021 by Ord. No.
21-006]
Tenants, lessees and/or persons residing in a non-owner-occupied
residential dwelling or unit.
[9-27-2021 by Ord. No.
21-006]
Any person, firm or corporation having a legal or equitable
interest in a non-owner-occupied residential structure.
[10-24-2016 by Ord. No.
16-004; 9-27-2021 by Ord. No. 21-006]
Any lot or parcel of land that includes a non-owner-occupied
residential structure.
[9-27-2021 by Ord. No.
21-006]
Includes let, lease, barter or any other arrangement whereby
persons permit non-owners to reside in a non-owner-occupied residential
dwelling or unit, regardless of whether consideration is exchanged.
[9-27-2021 by Ord. No.
21-006]
The division of the City that is responsible for monitoring
the registration and certification of residential non-owner-occupied
dwellings and units within the City of Port Huron.[1]
[10-24-2016 by Ord. No.
16-004; 9-27-2021 by Ord. No. 21-006
Any dwelling occupied in such a manner that certain rooms,
in excess of those used by the members of the immediate family and
occupied as a home or family unit, are leased or rented, in return
for some form of compensation, to persons outside of the family, without
any attempt to provide therein or therewith, cooking or kitchen accommodations
for individuals leasing or renting rooms. The number of such bedrooms
leased or rented as rooms shall not exceed one. Rooming houses are
only allowed in the A-1 and A-2 Zoning Districts. A rooming house
shall only be allowed within an owner-occupied dwelling. Rooming houses
are not subject to the Rental Certification Ordinance.
[10-26-2015 by Ord. No.
15-010]
To board up or otherwise make the premises inaccessible by
anyone other than the owner or the City Building Inspection Division
for a temporary purpose and then to glaze all windows and install
proper locks for a permanent solution.
[10-26-2015 by Ord. No.
15-010; 6-26-2017 by Ord. No. 17-005]
Occupancy of a residential unit by any person other than
the primary owner by concession, permit, right of access, license,
gift or other agreement or compensation for a period of 30 consecutive
calendar days or less, counting portions of calendar days as full
days.
[9-27-2021 by Ord. No.
21-006]
Any non-owner-occupied residential dwelling or unit listed above
or rented for less than 30 days shall not be allowed in the R Zone.
Any non-owner-occupied residential dwelling or unit occupied unit must be certified under this article and shall require a certification of compliance before the dwelling or unit or house can be occupied as a non-owner-occupied residential dwelling or unit. Prior to being occupied and at all times during occupation, all non-owner-occupied residential dwellings or occupied units shall comply with all Code of Ordinances of the City of Port Huron and specifically as regulated by Chapter 10, Buildings and Building Regulations, and Chapter 52, Zoning, after a special approval use permit in certain zones with the City.
A property in a dwelling unit or guesthouse intended for
occupancy or that is occupied for transient use by any person other
than the primary owner; or is otherwise occupied or utilized on a
transient basis.
[9-27-2021 by Ord. No.
21-006]
[1]
Editor's Note: The former definitions of "residential rental
structure" and "residential rental unit," as amended, which immediately
followed this definition, were deleted pursuant to Ord. No. 21-006,
adopted 9-27-2021.
[Code 1992, § 16-33; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362; 11-9-2015 by Ord. No. 15-011; 10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
Initial registration. The owner of any non-owner-occupied residential structure shall register each such structure with the City and shall designate a person, as defined in § 10-154, as the responsible local agent who shall be legally responsible for operating the non-owner-occupied residential structure and shall also be responsible for providing access to such premises for making the inspections necessary to ensure compliance with the terms of this article and all applicable codes and ordinances adopted by the City. A certification shall not be issued unless an applicant complies with the registration sections of this article. The seller of a residential dwelling sold on a land contract, within 30 days of its execution, shall 1) record the land contract or memorandum of the land contract with the St. Clair County Register of Deeds; 2) provide a copy of the land contract or memorandum of land contract to the Planning Department; and 3) attest as to whether the seller obtained a deed in lieu of foreclosure or forfeiture or some other instrument or agreement pursuant to which the seller may terminate the land contract without proceeding through forfeiture and/or foreclosure.
[Code 1992, § 16-34; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251]
For the purposes of this article, the responsible local agent
shall be an individual person who represents the owner, a real estate
holding company, corporation, partnership or other legal entity and
must have a place of residence in the state within 45 miles of the
City limits. The responsible local agent shall be designated by the
owner as legally responsible for operating such premises in compliance
with all the provisions of the City codes and ordinances. The owner
may act as the responsible local agent, provided he of she resides
in the state and within 45 miles of the City limits. All official
notices of the City may be issued to the responsible local agent,
and any notice so issued shall be deemed to have been issued upon
the owner of record.
[Code 1992, § 16-35; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
Non-owner-occupied residential dwellings and units required
to be registered pursuant to this article shall comply with the following:
(1)
All existing non-owner-occupied residential structures shall be registered.
(2)
All newly constructed non-owner-occupied structures shall be registered
prior to the issuance of the certificate of occupancy by the City.
(3)
A non-owner-occupied residential structure which is sold, transferred,
or conveyed shall be reregistered by the new owner within 30 days
of the date of the deed, land contract, or other instrument of conveyance
with both the City's Rental Certification Division and the City's
Assessor's office. All documents of conveyance, including land
contracts, shall be recorded with the St. Clair County Register of
Deeds office and a copy of the same or a memorandum of land contract
shall be provided to the Assessor's office.
(4)
All existing structures, buildings, dwellings and/or units which
are converted to non-owner-occupied residential dwellings or units
shall be registered, inspected, and certified prior to the date on
which the property is first occupied.
[Code 1992, § 16-36; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; x6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
(a)
Applications for registration pursuant to this article shall be made
in such form and in accordance with such instructions as may be provided
by the Rental Certification Division and shall include at least the
following information:
(1)
The name, address and telephone number of the applicant;
(2)
The names, addresses, telephone numbers and dates of birth of
all owners of the non-owner-occupied residential structure;
(3)
The name, local address, telephone number and date of birth
of the responsible local agent for the non-owner-occupied structure
(which shall be updated by the owner if changes occur);
(4)
The number of non-owner-occupied residential dwellings and units
at each site, the address for each such dwelling and unit, and the
number of occupants in each such dwelling and unit. If the property
is a single-family dwelling, the owner must also provide the legal
names and contact information of the occupants.
(5)
An authorization appointing a responsible local agent signed
by both the owner and the responsible local agent.
(b)
A registration fee for each site where non-owner-occupied residential
structures are located shall be paid at the time of registration.
No post office box will be accepted as a legal address. A post office
box, however, may be accepted as a mailing address for legal correspondence
upon written request of the property owner and maintaining the legal
street address on file with the City's Rental Certification Division.
Upon registration, the Building Official or authorized representative
shall inform the applicant of certification requirements. The fee
for each registration shall be as set by resolution of the City Council
from time to time. The owner shall be responsible for notifying the
City of any change of address of either the owner or the responsible
local agent.
[Code 1992, § 16-37; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Registration pursuant to this article shall be made prior to
the use or occupancy of any non-owner-occupied residential dwelling
or unit within a non-owner-occupied residential structure except as
otherwise provided by this article. The term of the registration shall
be valid as long as ownership remains unchanged.
[Code 1992, § 16-38; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a)
It shall be unlawful for the owner of any non-owner-occupied residential structure who has received a notice of violation of any code or ordinance of the City, including notices that the number of non-owner-occupied dwellings or units within such structure exceeds that permitted by Chapter 52, which pertains to zoning, to transfer, convey, lease or sell, including by land contract, his or her ownership and/or interest in any way to another, unless such owner shall have first furnished to the grantee, lessee, vendee, or transferee a true copy of any notice of violation and shall have furnished to the Building Official a signed and notarized statement from the grantee, vendee, lessee, or transferee acknowledging the receipt of such notice of violation and acknowledging legal responsibility for correction of the violation.
(b)
The new owner, upon acknowledging and accepting property with outstanding code violations, must either correct code violations within 30 days of the transfer or, due to the extensive nature of the violations, may enter into a work agreement with the City within 10 days of the transfer in order to ensure repairs and renovations are made in accordance with all codes, ordinances and renovations standards established. Failure to do so may result in a declaration of the non-owner-occupied residential structure as a public nuisance, dangerous structure or blight. These time periods do not apply to property which has been determined by City Council to constitute a nuisance under § 10-211 and/or § 34-3 and is the subject of a demolition order, or is, at the time of the transfer, scheduled for a public hearing before City Council for such a determination.
[Code 1992, § 16-39; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 9-27-2010 by Ord. No. 1316; 1-24-2011 by Ord. No. 1319; 12-16-2013 by Ord. No. 1362; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007]
(a)
No person shall lease, rent or cause to be occupied, nor occupy, a non-owner-occupied residential dwelling or unit unless there is a valid certification issued by the City Rental Certification Division in the name of the owner and issued for the specific non-owner-occupied residential dwelling or unit that is occupied. Except to the extent restricted in § 10-178, the certificate shall be issued after an inspection by the Rental Certification Division which may include inspections by the Building Inspector, Mechanical Inspector, Housing Inspector, Electrical Inspector, Plumbing Inspector, and Fire Department Inspectors when fire inspectors have jurisdiction or other building officials to determine that each non-owner-occupied residential dwelling and unit complies with the provisions of the codes and ordinances of the City. Such inspections shall commence after the effective date of the ordinance from which this article is derived and shall continue until all non-owner-occupied residential dwellings and units have been inspected and continue, thereafter, as required for renewals.
(b)
In addition to all other remedies provided for in this chapter, if
a summary proceeding action is pending for a non-owner-occupied residential
dwelling or unit, and when there is no current, valid registration
for a non-owner-occupied residential dwelling or unit, no rent payments
shall be accepted, retained, or recoverable by the owner or lessor
of the non-owner-occupied residential dwelling or unit for the period
of time in which the non-owner-occupied residential dwelling or unit
was not registered under this article.
(c)
Subject to the restriction in § 10-178, a certification may be issued for a two-year period on existing one-family and two-family non-owner-occupied residential dwellings and units and existing multifamily non-owner-occupied dwellings and units (three or more and any rooming house with one or more rooms, or boardinghouse) in accordance with the following:
(1)
The City will issue a certification valid for those years if
the inspector determines during the inspection that:
a.
Any deficiencies discovered during previous inspections of the
dwelling and/or unit have been corrected;
b.
There are no major violations of the inspection guidelines for
the dwellings and/or units. Major violations are those violations
which, in the inspector's professional judgment, create a risk
to the health or safety of the occupants;
c.
A non-owner-occupied residential dwelling or unit located in
a multifamily residential structure will receive a certification only
if all residential units within the structure have a valid certification
or are also entitled to receive a certification.
(2)
Temporary, one-year certificate. The exterior condition of all non-owner-occupied residential dwellings or units are subject to compliance with other related City codes and ordinances, including § 10-31(b) (including International Property Maintenance Code) of this chapter, and Chapter 22, Article II, Blight. If conditions are not in compliance with other City codes and ordinances, but in the opinion of the rental inspector do not present an immediate health or safety hazard, a temporary, one-year certificate may be issued. The property owner must renovate the unit(s) to established standards outlined in an executed work agreement and in accordance with City codes and ordinances within one year and, upon completion, be eligible to receive a valid certification.
(3)
Exemplary non-owner-occupied residential dwellings or units:
a.
A non-owner-occupied residential dwelling or unit that has had
both: 1) no deficiencies during any inspection; and 2) no valid complaints;
(3) no more than four blight code violations, for a period of four
or more years, will receive the status of "exemplary non-owner-occupied
residential dwelling or unit." Blight violations must be minor in
nature (long grass or early trash placement) and resolved in a timely
manner.
b.
An exemplary non-owner-occupied residential dwelling or unit may be issued a certification for a four-year period instead of a two-year period provided in § 10-159(c).
c.
An exemplary non-owner-occupied residential dwelling or unit
may lose its status as the result of the occurrence of any deficiencies,
valid complaints, or code violations during the four-year certification
period.
d.
A non-owner-occupied residential dwelling or unit located in
a multifamily residential structure will receive an exemplary certification
only if all residential units within the structure are also entitled
to receive an exemplary certification.
(4)
Probationary non-owner-occupied residential dwellings or units:
a.
A non-owner-occupied residential dwelling or unit that has had
more than one major deficiency, valid complaint or code violation
during the period of its last rental certification will receive the
status of "probationary non-owner-occupied residential dwelling or
unit."
b.
A probationary non-owner-occupied residential dwelling or unit may be issued a certification for a one-year period instead of the two-year period provided in § 10-159(c).
c.
A probationary non-owner-occupied residential dwelling or unit
may be removed from its status if it has both: 1) no deficiencies
during any inspection; and 2) no valid complaints or code violations
for a period of one or more years.
[Code 1992, § 16-40; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a)
This article applies to all non-owner-occupied residential structures
and all non-owner-occupied residential dwellings and units within
the City existing on the effective date of the article.
(b)
Any non-owner-occupied residential structure or non-owner-occupied residential structure, dwelling, or unit which is a new construction or renovation which required a comprehensive inspection and which is issued a certificate of occupancy pursuant to an inspection after the effective date of the ordinance from which this article is derived will also be issued a certification simultaneous with the certificate of occupancy, and an inspection fee pursuant to § 10-162 shall not then be required. Non-owner-occupied residential structures which are new constructions shall comply with the registration requirement pursuant to § 10-155. Newly constructed non-owner-occupied residential dwellings or units will be issued a certification valid for four years and then must adhere to the reinspection and recertification process as set forth for all other non-owner-occupied units under this article.
[Code 1992, § 16-41; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 6-26-2017 by Ord. No. 17-005; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007]
(a)
The enforcing officer for the City Rental Certification Division shall inspect the interior and exterior of non-owner-occupied residential dwellings and units for the purpose of conducting an initial inspection in the case of new certification, or on a periodic basis pursuant to this article for the purpose of a renewal. In such case, the inspection fee shall be set by resolution of Council, subject to the restrictions of § 10-162. The City Rental Certification Division may also conduct an inspection under any of the following circumstances:
(1)
Upon receipt of a complaint from an owner or occupant that the
premises is in violation of this article.
(2)
Upon receipt of a report or a referral from the Police Department,
other public agencies or departments, or any individual indicating
that the premises is in violation of this article and which is based
on the personal knowledge of the person making the report.
(3)
If an exterior survey of the premises gives the enforcing officer
probable cause to believe that the premises is in violation of this
article.
(4)
Upon receipt of information by the enforcing officer that a
non-owner-occupied dwelling or unit is not registered with the City
or certified by the City as required by this article.
(b)
The
owner or local agent shall be responsible for scheduling an inspection
for the renewal of certification. Owners of newly registered non-owner-occupied
residential dwellings or units must call to schedule their own inspections.
If an inspection is not scheduled, the following will take place:
(1)
The inspector or Clerk shall notify the owner of a non-owner-occupied
residential structure of the date and time such structure (including,
if applicable, all non-owner-occupied residential dwellings and units
therein) is to be inspected. Such notice may be personally delivered
or may be sent by first-class mail.
(2)
Upon receipt of the notice, the owner or local agent must either:
a.
Appear at the date and time scheduled for the inspection or
have a representative or the occupant at the site to allow complete
access; or
b.
Object within 10 days of the mailing or delivery of the notice
and schedule an alternative date for the appointment within 30 days
from the date identified in the initial notice.
(3)
Upon receipt of the notice, the owner or occupant may complete and submit an "appeal" form to the Rental Certification Division within the ten-day time frame and claim an appeal as of right under § 10-167.
(4)
If an owner or occupant subsequently learns he or she will not
be present for a scheduled appointment, the individual must provide
the inspector with at least 48 hours' advance notice and must
schedule a second inspection date within 30 days from the scheduled
appointment. Failure to appear for a scheduled appointment without
providing the notice shall require that a reinspection fee be paid
for any rescheduled date and may result in the unit's certification
expiring.
(c)
The occupant of a non-owner occupied single- or two-family dwelling
unit may have the right to deny access for an interior inspection,
provided that the following procedures are followed:
(1)
The occupant must complete and submit an "access denied" form
to the Rental Certification Division within the ten-day time frame.
The occupant must contact the Rental Certification Division and request
the "access denied" form. The form must be signed in the presence
of City officials in the Planning Department or witnessed by an official
notary prior to submission.
(2)
The certification will be flagged as a one-year certificate
due to "access denied" and a recheck scheduled for one year's
time.
(3)
If the dwelling or unit becomes vacant, it is the property owner's
responsibility to schedule an inspection and to obtain certification
prior to allowing occupancy.
(4)
Failure to arrange for an inspection once the dwelling or unit
becomes vacant shall be considered a blight violation.
(5)
Allowing occupancy of a dwelling or unit without a valid certification
after a vacancy shall be considered a blight violation.
(6)
"Access denied" does not eliminate the requirement for an exterior
inspection of the property. The inspector will complete an exterior
inspection, and the certificate will not be issued unless the property
meets all related codes, including blight.
(d)
During the inspection, the enforcing officer shall note any violations of this article or other sections of this Code and give notice of the violations to the responsible local agent in accordance with § 10-154. The enforcing officer shall direct the responsible local agent and owner to correct violations within the time set forth in the notice. A reasonable time for correcting violations shall be determined by the enforcing officer in light of the nature of the violations and all relevant circumstances but shall not exceed 60 days. Upon request of the person responsible for correcting violations, the enforcing officer may extend the time for correcting violations if the enforcing officer deems such action appropriate under all relevant circumstances, but not to exceed an additional 60 days.
[Code 1992, § 16-42; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a)
The annual operating fees for periodic inspection of each non-owner-occupied residential dwelling or unit and any other fees provided by this article shall be as adopted by resolution by the City Council and amended, as necessary, by resolution of the City Council. The annual operating fee shall cover the periodic inspection for the issuance or renewal of a certification, except that such fee shall not cover an inspection made pursuant to a final notice of violation issued under § 10-164(b).
(b)
An administrative late fee of the unpaid balance shall be paid to the City by the person obligated to pay an annual operating fee under Subsection (a) of this section if such fee is not paid within 60 days from the billing date, as adopted by resolution of the City Council. After 90 days from the date of billing, those fees shall become a lien on the property as a single lot special assessment pursuant to § 40-19 and shall be collected as a special assessment.
(c)
The non-owner-occupied inspection program as provided for in this
article shall be operated by the City on a break-even basis. This
means the annual operating fees charged shall be set at a rate to
produce sufficient revenue to cover the actual, direct cost of administering
the program. If the fees as set forth in this article or as amended
exceed the actual, direct cost of administering the program, the City
Council, by resolution, shall reduce the fees to an amount which shall
produce sufficient revenue to cover the actual, direct cost of administering
the program. If at any time the fees being collected are insufficient
to cover the cost of the program, the City Council, by resolution,
shall increase the fees to an amount which shall produce sufficient
revenue to cover the actual, direct cost of administering the program.
Fines and fees due to legal action, enforcement proceedings or blight
violations as a result of noncompliance with this article are exempt
and will not be included in this calculation.
[Code 1992, § 16-43; 2-26-2002 by Ord. No. 1194; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
(a)
Between 60 and 30 days before the expiration date on the certification
issued for a non-owner-occupied residential dwelling or unit, the
owner shall apply to the City Rental Certification Division for the
scheduling of an inspection for the issuance of a new certification
for that non-owner-occupied residential dwelling or unit.
(b)
Upon receipt of a timely request for an inspection for the purpose of the issuance or renewal of a certification, the City shall inspect the premises before the certification expires or is initially issued. Upon failure of the City to conduct an inspection prior to occupancy or expiration of the certification, the owner may rent the property until the City has conducted an inspection, and the owner will not be deemed in violation of § 10-159 during that time. If, however, the City's failure to inspect is due to the owner's, agent's or occupant's action, failure to act, or refusal to permit an inspection after reasonable notice of the intent to inspect, the owner shall not rent the property without a current certification as required by § 10-159.
[Code 1992, § 16-44; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
(a)
Notice of violation. Whenever the Building Official or enforcing officer determines that there has been a violation of any section of this article, he or she shall give notice of such alleged violation and orders for correction of the violation as provided in this section, except this section shall not apply in any way to the prosecution of violations of § 10-161 or § 10-166 or violations of the registration requirements set forth in this article as such may be prosecuted without notice. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the conditions that constitute violations
of this article.
(3)
State the date of the inspection, the name of the inspector,
the address of the dwelling, and the date set for reinspection.
(4)
Specify a time limit for the performance of any act it requires.
(5)
Notify the responsible local agent or the occupant, as the case
may require, of his or her right to appeal from the notice or order
to the Construction Board of Appeals.
(6)
Be served upon the owner or the occupant, as the case may require,
and on the responsible local agent and that such notice shall be deemed
to be properly served if a copy thereof is i) served personally, or
ii) sent by first-class mail to the last known address. Notice given
to the responsible local agent is deemed as notice given to the owner.
(b)
Final notice of violation. Upon observing the continued existence
of a violation of this article or applicable code as stated in the
notice of violation, the Building Official or enforcing officer shall
send a final notice of violation and may issue an order to vacate
sent by regular, first-class mail to the last known address of the
owner, the occupant, and responsible local agent and shall:
(1)
Specify the date of the inspection.
(2)
Specify the address where the violation was found.
(3)
Include the name, telephone number and signature of the inspector.
(4)
Include a description of each violation observed by the inspector.
(5)
State that each violation is a separate punishable offense.
(6)
Order the premises to be vacated within a time to be set by
the inspector, the length of which shall be determined by the extent
of the danger to the occupants, but in no case shall it exceed 30
days, or alternatively:
a.
Order correction of all violations within a time period not
to exceed 30 days.
b.
State that a reinspection will be made to determine whether
all violations have been corrected by the specified date. A reinspection
fee as adopted by resolution by the City Council and amended, as necessary,
by resolution of the City Council will be required to be paid prior
to a reinspection, and the owner or local agent shall be responsible
for contacting the Rental Certification Division for scheduling the
reinspection within 10 days of the date on the notice.
c.
State that failure to comply with the notice will result in
a fine for failure to correct the final notice of violation, or prosecution.
The fine for failure to correct a final notice of violation shall
be established by a resolution of the City Council.
d.
Employ any other additional or optional corrective or enforcement
measure as provided for under this Code or by law.
e.
Each reinspection, as needed, will require an additional reinspection
fee to be paid prior to a reinspection.
(c)
Posting final notice of violation. Upon issuing a final notice of
violation for a non-owner-occupied residential dwelling or unit or
its accessory building, the City may affix a copy of the notice on
the non-owner-occupied residential dwelling or unit or non-owner-occupied
structure.
(d)
Nuisance per se. Notwithstanding any section in this article to the
contrary, any non-owner-occupied residential dwelling or unit that
is found to be in such condition as to preclude habitation or threaten
the health, safety or welfare of the occupants or community shall
be considered a nuisance per se and, as such, subject to abatement
in a manner prescribed by the Charter, state statute and/or law.
[Code 1992, § 16-45; 2-26-2002 by Ord. No. 1194; 5-11-2009 by Ord. No. 1301; 10-24-2016 by Ord. No. 16-004; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006]
The City Rental Certification Division shall use the most current
International Property Maintenance Code, as adopted by the State of
Michigan, as inspection guidelines to be used in inspections relating
to the enforcement of this article. The inspection guidelines are
incorporated by reference and shall be effective upon adoption of
the ordinance from which this article is derived. The adoption of
the inspection guidelines shall not be construed to relieve the owner
from compliance with any other requirements of codes adopted by the
City, including but not limited to housing, electrical, building,
plumbing, mechanical, blight, property maintenance, fire codes and
zoning requirements as necessary due to renovations requiring permits.
[Code 1992, § 16-46; 2-26-2002 by Ord. No. 1194]
(a)
Under this article, any tenant or other person who shall maliciously or vexatiously cause an inspection to be made for the purpose of harassing any individual, corporation or governmental agency when no violation is present or is de minimis shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to § 1-16.
(b)
City inspectors are duly authorized to inspect properties in conjunction with this article. Inspectors shall not be harassed, stalked, threatened, hindered, assaulted or otherwise interfered with in the performance of their duties. Notwithstanding any other section in this article, a violation of this subsection shall be a misdemeanor punishable according to § 1-16.
[9-27-2021 by Ord. No. 21-006]
[Code 1992, § 16-47; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 6-26-2017 by Ord. No. 17-005; 9-27-2021 by Ord. No. 21-006; 1-9-2023 by Ord. No. 22-007]
(a)
If the owner disagrees with the opinion of the Building Official as to either a notice of inspection or the existence of an alleged violation or the period of time that will be reasonably required for the owner to correct the alleged violations as set forth in the notice of violation and order to repair given pursuant to this article, or a finding of a public nuisance under § 10-168(b), the owner may appeal to the Construction Board of Appeals, which is hereby designated to hear such appeals. An occupant of a non-owner-occupied residential dwelling or unit shall have standing to appeal any notice or order to vacate the dwelling.
(b)
Any owner or occupant requesting such appeal shall file a written
request therefor to the City Rental Certification Division within
10 days after the date of receipt of the notice of violation or within
the time for taking any action indicated on a notice or order, whichever
time is shorter, and on a form designated by the Rental Certification
Division, and paying a nonrefundable application fee as set by resolution
of the City Council.
[Code 1992, § 16-48; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006]
(a)
If the owner does not correct a violation of any section of this
article, the Building Official or their designee shall revoke any
existing certification and may bring an action to seek the enforcement
of this article by abatement, mandatory injunction to cause correction
of a violation, enjoinment of the violation to prevent an act or violation,
the vacation of the premises by all occupants and its discontinuance
as a non-owner-occupied residential structure and/or non-owner-occupied
residential dwelling or unit, or such other action as provided for
under this article. Any structure not in compliance with this article
is deemed a nuisance per se. If a residential unit is vacant and not
certified, or the certification has expired, or an inspection to certify
has not been completed, then the unit may be yellow-tagged to signify
that it may not be occupied until a rental inspection has been completed
and/or a certificate has been renewed or issued.
(b)
A certificate may be revoked if the property is declared a "public nuisance" by the City Manager, Police Chief, and the Building Official, or their designee, under this subsection based upon the conduct and activities within a rented property. Evidence of repeated code violations, including blight, or multiple valid police calls or incidences, illegal activity or other activity that threatens the health, welfare or safety of the surrounding residents, whether the result of the activities of the owner, the agent, the occupants, or their guests, may constitute a public nuisance under this subsection. A certificate revoked under this subsection shall be revoked for a minimum period of at least 12 months. Any property owner who wishes to challenge a finding of a public nuisance under this subsection may utilize the procedure set forth in § 10-167 to appeal said finding.
[Code 1992, § 16-49; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 11-9-2015 by Ord. No. 15-011; 8-13-2018 by Ord. No. 18-013; 9-27-2021 by Ord. No. 21-006]
(a)
Any violation of this article shall be considered a blight violation as provided for in § 2-901 of the City of Port Huron Code of Ordinances. Each day a violation continues shall be considered a separate offense. In the case of a multi-unit non-owner-occupied structure, each unit that is in violation of any provisions of this article shall be considered a separate offense.
(b)
Any owner who has not paid in full any outstanding fees or fines
to the City of Port Huron related to a non-owner-occupied residential
dwelling or unit or structure, including any fees assessed as result
of blight violations for a period of more than 90 days after either
the date of issuance or the end of any appeal period if an appeal
is filed, whichever is later, shall have all of their certifications
on all other non-owner-occupied dwellings or units and structures
automatically revoked.
(c)
In addition to any other penalties, any owner who permits a non-owner-occupied
residential structure or non-owner-occupied residential dwelling or
unit to be occupied for more than 60 days after notice of an order
to vacate shall be guilty of a separate misdemeanor.
(d)
In addition to fine, imprisonment or corrective action to abate or
enjoin the violation, the City's Attorney may seek to recover
the costs of prosecution or other civil action in either district
or circuit court. Pursuing any violation of this article as a blight
violation with the Administrative Hearings Bureau shall not prohibit
the City from seeking compliance with this article via court action.
(e)
Water may be shut off for non-owner-occupied residential dwellings
or units for failing to have a current certification or failure to
correct identified inspection violations, as follows:
(1)
The Public Works Director, or any public works employee, shall
shut off and seal the water valve to any one-, two-, or multiple-unit
non-owner-occupied residential dwelling or unit upon request of the
City Rental Certification Division whenever the property lacks a valid
certification or fails to correct noted violations as required by
ordinance.
(2)
Water shall not be shut off until the dwelling or unit is vacant.
(3)
Water shall not be turned on until a valid certification has
been issued for the dwelling or unit and all fees and charges have
been paid to date.
(4)
Water service may be reinstated prior to the issuance of a certificate
only in the event the owner provides a cash bond in the amount of
$1,000 posted to the City Treasurer, upon the condition that the property
will not be occupied prior to the issuance of a valid certificate.
(5)
In the event that the said property is occupied prior to the
issuance of a certification, the cash bond of $1,000 is forfeited,
and notice of the same shall be given to the owner by regular, first-class
mail.
(6)
The owner may appeal the forfeiture to City Council, whose decision
shall be final.
(7)
The bond shall be returned to the owner, if it has not been
forfeited, only upon the issuance of a certificate.
[Code 1992, § 16-50; 2-26-2002 by Ord. No. 1194; 6-13-2005 by Ord. No. 1251; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
The City Building Official may declare a non-owner-occupied
residential structure or non-owner-occupied residential dwelling or
unit to be unfit for human occupancy or entry (i.e., red-tagged):
(1)
When a condition exists that constitutes an immediate threat to life
or an immediate threat of serious injury to the person or any occupant.
(2)
When an emergency or hazardous condition has not been corrected as
ordered.
(3)
When a vacant dwelling or vacant unit has not been secured as ordered
in a notice of violation.
(4)
As otherwise provided for in this article.
(5)
When any other hazardous or dangerous or unsanitary condition exists
as defined in any other code or ordinance adopted by the City. Examples
of property conditions that may result in vacating of a building include,
but are not limited to:
a.
Lack of essential electrical service;
b.
Lack of essential gas service;
c.
Lack of essential water service;
d.
Evidence of a lead hazard as demonstrated by a child with an elevated
blood level who resides in or visits the dwelling as reported by the
St. Clair County Health Department or other health agency;
e.
Evidence of infestation by rodents or bugs;
f.
Evidence of a sewage backup;
g.
Evidence of active methamphetamine components, or other drug-related
or hazardous materials; and
h.
Evidence of other living conditions which are unsanitary and unfit
for human habitation.
[Code 1992, § 16-51; 2-26-2002 by Ord. No. 1194; 1-24-2011 by Ord. No. 1319; 9-27-2021 by Ord. No. 21-006]
No person shall occupy or permit or allow another person to
occupy any non-owner-occupied structure or non-owner-occupied residential
dwelling or unit which has been declared to be unfit for human occupancy
or entry.
[Code 1992, § 16-52; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Upon declaring a non-owner-occupied residential structure or
non-owner-occupied residential dwelling or unit to be unfit for human
occupancy and entry, the City shall issue a notice to vacate to the
occupants by certified mail and by posting the notice to vacate at
an entry of each dwelling unit. The notice shall order the occupants
to vacate the affected structure, dwelling, and/or units no later
than 72 hours after such notice.
[Code 1992, § 16-53; 2-26-2002 by Ord. No. 1194; 9-27-2021 by Ord. No. 21-006]
Upon declaring a non-owner-occupied residential structure or
non-owner-occupied residential dwelling or unit as unfit for human
occupancy and entry, the City shall issue a notice to secure to the
owner. The notice to secure shall order the owner to secure the structure,
dwelling, and/or units, as applicable. The notice shall order the
securing of a vacant structure or unit within 48 hours and the securing
of an occupied dwelling or unit within 48 hours of becoming vacant.
[Code 1992, § 16-54; 2-26-2002 by Ord. No. 1194]
Upon issuing a notice to vacate or a notice to secure pursuant
to this article, the City shall place signs upon or near the entryways
to any dwelling or unit cited in the notice. The sign shall state
the address or unit number of the structure or unit and the name of
the owner. It shall inform the public that it is a violation of this
Code to enter the building or unit unless authorized in writing by
the City.
[Code 1992, § 16-55; 2-26-2002 by Ord. No. 1194]
If the owner has failed to comply with a notice to secure given pursuant to this article, the City may secure the structure or unit. The cost of such action shall be a personal debt of the owner to the City and may be assessed as a lien against the property as in a single lot special assessment pursuant to § 40-19 and may be collected as in a special assessment.
[Code 1992, § 16-56; 2-26-2002 by Ord. No. 1194]
(a)
Issuance of a certification pursuant to this article shall not constitute
a guarantee or warranty of the habitability or complete compliance
of the building or structure to code requirements, and the occupant
of any non-owner-occupied residential dwelling or unit shall not rely
on any certificate as such a guarantee or warranty by the City. The
certification shall contain a notice to this effect.
[9-27-2021 by Ord. No. 21-006]
(b)
The City shall not assume any liability to any person by reason of
the inspections required by this article or issuance of a certification.
[Code 1992, § 16-57; 2-26-2002 by Ord. No. 1194]
(a)
This article shall not impair or diminish the authority of the building
official or duly authorized representative to employ any alternative
action or corrective measure provided for under any housing or building
codes as adopted or recognized by the City, where applicable.
(b)
This article shall not be construed so as to limit the application and enforcement of the City Zoning Ordinance in Chapter 52, the Blight Ordinance in Article II of Chapter 22, or housing and building codes adopted or recognized by the City which touch upon the maintenance of residential dwellings or the health, safety, and welfare of occupants residing in residential dwellings, where applicable.
[12-16-2013 by Ord. No.
1362; 10-24-2016 by Ord. No. 16-004; 9-27-2021 by Ord. No. 21-006]
In Zoning District R, Single-Family Residential District, and
in Zoning Districts RO-1, Residential Rental Restriction Overlay Districts,
where new owner-occupied residential structures are prohibited, no
new certifications shall be issued except a certification obtained
through the following procedure established for a hardship exception:
(1)
Any property owner desiring a "hardship exception" must submit their
request for a hardship exception in writing to the Planning Department
for administrative review, which shall make a determination of whether
a hardship exists as defined by this article. If denied, the applicant
may appeal the decision to City Council.
(2)
A "hardship" for purposes of this article shall be defined as the
inability of the owner to purchase or pay for one or more of the following
without the ability to obtain payment of rents on the subject property:
a.
Medical care or a medical device for the owner or the owner's dependents;
b.
Debts of the owner resulting from a mortgage, land contract or other
loan used to purchase the subject property where there is no other
available source to pay such debts; or
c.
Debts of the owner due to child support, alimony, a tax lien, funeral
expenses, or a judgment.
(3)
A "hardship" shall also include the following circumstances: Where
a homeowner owns property that is occupied by the owner and a change
in the owner's personal circumstances requires a rental to preserve
the financial stability of the owner. For example, this section would
apply to a person who is required to temporarily relocate their residence
for a period of time and needs to rent their home in their absence.
(4)
The hardship exception allows the issuance of a certification for
a period of 12 months or less, and only one appeal per property is
permitted per year.
(5)
Any owner who has already been renting property without having obtained
the required certification is disqualified from seeking a hardship
exception.
(6)
It shall be the burden of the person seeking the hardship exception
to provide proof of the hardship, including submission of financial
documentation necessary for the administration to make a reasoned
decision on the request.
(7)
Any person requesting a hardship exception shall have a response
from the administration within 30 days of the initiation of the request.
If denied, the decision may be appealed to City Council, which shall
issue a final and binding written decision.
[10-24-2016 by Ord. No.
16-004; 9-27-2021 by Ord. No. 21-006]
(a)
In zoning districts where a certification is no longer permitted
by ordinance, a prior nonconforming use as a non-owner-occupied residential
structure must be proven by the property owner by showing both that
the property was registered and used as a non-owner-occupied residential
structure as of the effective date of any such ordinance change.
(b)
Where a property owner is able to establish a prior nonconforming use as set forth in Subsection (a) above, the City will consider the use to be abandoned where any of the following occur:
(1)
The property owner fails to renew a certification and allows
the certification to be expired for a period of 12 months or more;
(2)
The property is occupied by the owner for a period of six months
or more;
(3)
The property is subject to a land contract and occupied by the
land contract purchaser; or
(4)
The property owner engages in any action manifesting a decision
to voluntarily abandon the use of the property as a rental unit.
