Village of New Haven, MI Chapter 399 Property Maintenance

[HISTORY: Adopted by the Village Council of the Village of New Haven 12-8-2015 by Ord. No. 338. Amendments noted where applicable.]

§ 399-1 Standards adopted by reference.

[Amended 7-14-2020 by Ord. No. 374]

A certain document, two copies of which are on file in the office of the Village Clerk, being marked and designated as the "International Property Maintenance Code, 2018 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Village of New Haven, in the State of Michigan, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 399-2 of this chapter.

§ 399-2 Revisions, additions and deletions.

The following sections are hereby revised:

A. In Section 101.1, Title, insert: "the Village of New Haven."

B. Section 112, Stop-Work Order:

[A] 112.1 Authority.

Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop-work order.

[A] 112.2 Issuance.

A stop-work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

[A] 112.3 Emergencies.

Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.

[A] 112.4 Failure to comply.

Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine.

Schedule of fines. The Village Council shall establish by resolution a schedule of fines for municipal civil infraction violations of the International Property Maintenance Code that are payable to and shall be collected by the Village.

C. Section 302, Exterior Property Areas:

302.1 Sanitation.

All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

302.2 Grading and drainage.

All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

Exception: Approved retention areas and reservoirs.

302.3 Sidewalks and driveways.

All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.

302.4 Weeds.

All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

D. Section 304, Exterior Structure:

304.14 Insect screens.

During the period from April 15 to October 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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

E. Chapter 6, Mechanical and Electrical Requirements:

602.1 Facilities required.

Heating facilities shall be provided in structures as required by this section.

602.2 Residential occupancies.

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable, unvented, fuel-burning space heaters be used, as a means to provide required heating.

Exception: In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained.

602.3 Heat supply.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to October 15 to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.

602.4 Occupiable work spaces.

Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to October 15 to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

§ 399-3 Repealer.

Ordinance No. _____ of the Village of New Haven, entitled "The International Property Maintenance Code," and all other ordinances or parts of laws in conflict herewith are hereby repealed.

§ 399-4 Interpretation of provisions.

Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 399-3 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 399-5 Publication of provisions.

The Village Clerk is hereby ordered and directed to cause this legislation to be published.

§ 399-6 When effective.

This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the date of its final passage.