[HISTORY: Adopted by the City Council of
the City of Roseville 2-8-2000 by Ord. No. 1134. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 88.
Open burning — See Ch. 94.
Electrical standards — See Ch. 126.
Fire prevention — See Ch. 142.
Lawns — See Ch. 183.
Littering — See Ch. 189.
Mechanical standards — See Ch. 195.
Nuisances — See Ch. 203.
Plumbing standards — See Ch. 221.
Rodent control — See Ch. 244.
Sewers — See Ch. 256.
Solid waste — See Ch. 285.
Abandoned vehicles — See Ch. 336.
Weeds — See Ch. 364.
[Amended 3-22-2005 by Ord. No. 1194; 7-14-2009 by Ord. No. 1224; 6-28-2019 by Ord. No. 1315]
A.
Adoption of Property Maintenance Code by reference. That a certain
document, three copies of which are on file in the office of the City
Clerk of the City of Roseville, being marked and designated as the
International Property Maintenance Code, 2018, as published by the
International Code Council, Inc. be and is hereby adopted as the Property
Maintenance Code of the City of Roseville, in the State of Michigan;
for the control of buildings and structures as provided; and each
and all of the regulations, provisions, penalties, conditions in terms
of the International Property Maintenance Code, 2018, and as amended
in the future, are hereby referred to, adopted, and made part hereof
as if fully set out in this chapter with the additions, insertions,
deletions and changes, if any prescribed in other sections of the
chapter.
B.
The following sections of the International Property Maintenance
Code, 2018 Edition, and any amendments thereto, are hereby revised
to provide as follows:
(1)
Section 101.1. Insert: "City of Roseville."
(2)
Section 103.5. Insert: "See City of Roseville Fee Schedule for appropriate
fees."
(3)
Section 112.4. Revise: "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 up to $500 or 90 days
in jail."
(4)
Section 302.4. Insert: "six inches."
(5)
Section 304.14. Insert: "April 1 through October 31."
(6)
Section 602.3. Insert: "January 1 through December 31."
(7)
Section 602.4. Insert: "January 1 through December 31."
[1]
Editor's Note: Former § 225-2 through § 225-200
were repealed 4-11-2017 by Ord. No. 1296.
[Added 6-14-2022 by Ord. No. 1327]
The purpose of this article is to help protect the health, safety
and welfare of the citizens by preventing blight, protecting property
values and neighborhood integrity, avoiding the creation and maintenance
of nuisances and to ensure the safe and sanitary maintenance of dwellings,
commercial and industrial buildings. It is the intent of this article
to address homes and buildings that have become vacant, abandoned,
or otherwise unsupervised, thereby having a negative impact on surrounding
properties and neighborhoods. Vacant and abandoned homes create an
increased instance of unsecured or open doors and windows, broken
water pipes, flooded basements, theft of metals and other materials,
overgrowth of grass, weeds, shrubs, and bushes, illegal dumpings,
and rodent and vermin activity at vacant structures. Such neglect
devalues properties and causes deterioration in neighborhoods and
industrial and commercial areas. It is important for the City to be
able to contact owners of vacant properties for property maintenance,
utility shutoff, fire safety, and police reasons.
The provisions of this article shall apply to all existing residential,
commercial, and industrial structures. This article does not relieve
an owner from compliance with all other City ordinances, codes, rules,
and regulations, and state law.
As used in this article:
A vacant property that has been vacant for 30 days or more
and meets any of the following criteria:
Provides a location for loitering, vagrancy, unauthorized entry,
or other criminal activity;
Has one or more broken or boarded windows;
Has taxes in arrears for a period of time exceeding 365 days;
Has utilities disconnected or not in use;
Is not maintained in compliance with City ordinances, codes
or state law; and
Is only partially completed and is not fit for human occupancy.
A structure with a roof supported by columns or walls to
serve as a shelter or enclosure.
Any condition that on its own or combined with other conditions
would lead a reasonable person to believe the property is vacant.
Such conditions include, but are limited to, overgrown and/or dead
vegetation, accumulation of newspapers, circulars, flyers and/or mail,
past-due utility notices, disconnected utilities, accumulation of
trash, junk and/or debris, broken or boarded windows, abandoned vehicles,
auto parts or materials, the absence of window coverings such as curtains,
blinds and/or shutters, the absence of furnishings and/or personal
items consistent with habitation, or occupation, statements by neighbors,
passersby, delivery agents or governmental employees that the property
is vacant.
The process by which a mortgage is enforced against a parcel
of real property through sale or offering for sale to satisfy the
debt of the mortgagee.
A recorded lien or interest in real property to secure payment
of a loan.
A person, firm, corporation, or other legal entity holding
a mortgage on a property.
A borrower under a mortgage who grants a lien or interest
in property to a mortgagee as security for the payment of a debt.
An individual, copartnership, association, corporation, company,
fiduciary, or any other person or legal entity having a legal or equitable
title or interest in real property.
Anything constructed or erected, the use of which requires
location on or attachment to the ground, and includes buildings.
An improved lot or parcel of real property with at least
one building or structure that is not currently used or occupied for
a period in excess of 30 days, including vacant abandoned property
as defined herein. A building or structure which remains furnished,
has utilities connected or in use, and is on property that is maintained
while the owner is absent shall not be considered vacant.
An owner of a vacant property or an abandoned vacant property
located in the City shall be responsible for registering that property
with the Building Department by complying with the affidavit and registration
and inspection fee requirements in this article within 45 days of
the vacancy.
A.
Owners who are required to register their properties pursuant to
this article shall do so by submitting a copy of a valid driver's
license and owner registration form ("form") containing the information
specified in this section. The form may be signed by an agent for
an owner, provided the agent's written authorization from the
owner is also provided. The form shall include the following:
(1)
The name of the owner of the vacant property.
(2)
A current mailing address where mail may be sent that will be
acknowledged as received by the owner. If certified/return receipt
requested is sent to the address provided by the owner pursuant hereto
and the mail is marked "refused" or "unclaimed" or if ordinary mail
sent to the address is returned for whatever reason, then such occurrence
shall be prima facie evidence that the owner has failed to properly
comply with this article, constituting a violation hereof.
(3)
The name of an individual or legal entity responsible for the
care and control of the vacant property. Such individual may be the
owner, if the owner is an individual, or may be someone other than
the owner, provided that the owner has contracted with such person
or entity to act as his or her agent for purposes of this article.
(4)
A current address, telephone number, and facsimile number, or email address where communications may be sent that will be acknowledged as received by the individual responsible for the care and control of the vacant property. If certified/return receipt requested mail is sent to the address provided pursuant to Subsection A(2), and the mail is returned marked "refused" or "unclaimed," or if ordinary mail sent to the address provided pursuant to Subsection A(2) is returned for whatever reason, then such occurrence shall be prima facie evidence that the owner has failed to properly comply with the requirements of Subsection A(2).
(5)
The owner's promise that the City's Building Official
or designee will be permitted to inspect the vacant property, including
any building or structure situated thereon, in accordance with this
article, and at such other reasonable times, upon reasonable notice,
as determined necessary by the Building Official.
(6)
An explanation as to the reason for the vacancy of the vacant
property.
B.
Once a vacant or abandoned property has been properly registered by the owner, such registration shall be valid and effective for a period not to exceed 365 days, and shall be renewed thereafter until the vacant property has become occupied and a certificate of compliance has been issued pursuant to § 225-211.
All fees applicable to this article shall be set from time to time by resolution of the City Council, which fees shall include a registration fee, an inspection fee, a reinspection fee, and such other related fees established by resolution of the City Council. There shall also be a fee for the filing of a new owner's application. For properties that are not registered within the required time, an additional fee for the added cost of the City's expenses in having to determine ownership, which may include, but is not limited to, title searches, shall be assessed and immediately payable. The payment of all fees required under this article shall be secured by a lien against the vacant property and, if not paid within 30 days after the bill for such fee(s) is rendered, such fee(s) shall be collected as provided in § 225-213.
If at any time the information contained in the owner registration form required pursuant to § 225-205 of this article is no longer valid, the owner has 10 days to file a new form containing valid, current information. There shall be no fee to update an existing registered owner's current information.
A.
Vacant or unoccupied buildings or structures, including the surrounding real property, required to be registered in accordance with this article shall be subject to an initial safety and maintenance inspection by the Building Official, or designee, upon registration. The owner shall pay the inspection fee pursuant to § 225-206 herein. The owner shall demonstrate, within the course of such inspection, that all building or structure water, sewer, electrical, HVAC, plumbing systems, exterior finishes and walls, concrete surfaces, accessory buildings, roofing, structural systems, foundation, drainage systems, gutters, doors, windows, parking areas, signage, driveway apron(s), service walk(s), and other public areas on the property, are sound, operational, or properly disconnected. The owner shall also demonstrate compliance with the City's Property Maintenance Code. In the event such inspection reveals any violations, the owner shall, within 10 days, apply for any necessary permits, and shall, within 30 days, or such additional period as permitted by the Building Official not to exceed six months, complete all repairs required resulting from such inspection. Following the initial inspection, in order to ensure that vacant buildings and structures are safe, secured, and well maintained, all vacant or unoccupied buildings and structures, including the surrounding real property, shall be subject to annual inspections by the Building Official, or designee, until the building or structure is lawfully occupied in accordance with § 225-211 herein. Any violation of the City's codes or this article which are detected during any inspection by the Building Official, or designee, shall be fully repaired and remedied within 30 days of notice to the owner, or such additional time as permitted by the Building Official, but not to exceed six months.
B.
Any mortgagee who holds a mortgage interest on a vacant property
located within the City shall perform an inspection, to the extent
permitted by law or under the mortgage, of the vacant property that
is the security for the mortgage, upon default by the mortgagor, within
five days after either the filing of a complaint for foreclosure (if
foreclosure is by judicial action) or publishing a notice of foreclosure
(if foreclosure by advertisement). Upon such inspection by the mortgagee,
if the vacant property is found to be vacant or shows evidence of
vacant property, it is, by this article, deemed vacant, and the mortgagee
shall register the vacant property in accordance with this article
and be subject to all provisions of this article.
An owner of a vacant property shall, on a daily basis, comply
with all of the following maintenance and security requirements:
A.
Vacant property shall be kept free from weeds, grass more than six
inches high, dry brush, dead vegetation, trash, junk, debris, building
material, any accumulation of newspapers, circulars, flyers, notices,
except those required by federal, state, or local law, discarded items,
including, but not limited to, furniture, clothing, large and small
appliances, printed material, signage, containers, equipment, construction
materials, or any other items that give the appearance that the property
is abandoned.
B.
Vacant property shall be maintained free of graffiti or similar markings.
C.
All visible front and side yards shall be landscaped and properly
maintained. Landscaping includes, but is not limited to, grass, ground
covers, bushes, trees, shrubs, hedges, or similar plantings. Maintenance
includes, but is not limited to, cutting, pruning and mowing of required
landscaping and removal of all trimmings.
D.
Pools, spas, and other water features shall be covered with an industry-approved
safety cover and shall also comply with the minimum security fencing
and barrier requirements of all applicable buildings and existing
structures, property maintenance codes and ordinances.
E.
Vacant property shall be maintained in a secure manner so as not
to be accessible to unauthorized persons. "Secure manner" includes,
but is not limited to, the closure and locking of windows, doors,
gates, and any other opening of such size that may allow a child or
other person to access the interior of the vacant property and/or
buildings or structures. Broken windows must be repaired or replaced
with like glazing materials within 14 days. Boarding up of open or
broken windows is prohibited except as a temporary measure not to
exceed 14 days.
F.
Electrical power and natural gas shall be provided to all vacant
or unoccupied buildings and structures to power all mechanical equipment
to maintain a minimum ambient interior temperature of not less than
45° F. during the months of September through April of each calendar
year and to power a sump pump. A minimum seven-watt night-light shall
be placed in the interior of any vacant residential building or structure
on a timer, set so as to turn on at dusk and off at dawn, on both
the first and second levels, so as to be visible from the exterior
of the residential building or structure. All vacant or unoccupied
residential buildings or structures shall have the water shut off
at the street and shall have the building or structure properly winterized
so as to prevent the bursting of water pipes, unless the building
or structure is served by a heating system which requires the use
of water.
G.
Vacant property shall be maintained in compliance with all other
applicable code requirements.
Vacant property that is subject to this article that is left
open and/or accessible shall be subject to entry by the City in order
to ensure that the vacant property has not become an attractive nuisance
and to ensure that the vacant property is locked and/or secured and
in compliance with the City's codes and ordinances. The owner
of the vacant property which is found open or unsecured shall be responsible
for paying a securing fee as set by the City Council to offset the
cost incurred by the City in contacting the owner or management company
to secure the vacant property, or if the owner and/or management company
cannot be contacted or do not secure the vacant property within a
reasonable time, not to exceed 24 hours, the cost incurred by the
City in securing the vacant property.
A vacant or unoccupied building or structure on vacant property
shall not be occupied until a certificate of occupancy has been issued
by the Building Official within 30 days immediately prior to occupancy,
and all violations have been corrected in accordance with the City's
codes and ordinances and state law. All mechanical, electrical, plumbing,
and structural systems shall be certified by a licensed contractor
as being in good operation and repair. In addition, a certificate
of occupancy shall not be issued until all outstanding costs, assessments,
and/or liens owed to the City have been paid in full.
If an occupied building or structure is damaged by fire, the
owner has 90 days from the date of the fire to apply for a permit
to start construction or demolition. Failure to do so will result
in the property being deemed vacant and subject to the requirements
of this article.
All fees hereunder that remain unpaid after 14 days' written
notice to the owner and/or management company shall be assessed against
the property as a lien and placed on the tax roll, or the City may
seek civil judgment in the court of jurisdiction.
A violation of this article shall be a municipal civil infraction
and shall not be punishable by imprisonment. A first offense shall
be subject to a minimum $200 fine and any other penalties authorized
under state law. Second or subsequent offenses shall be subject to
a minimum fine of $400 and any other penalties authorized under state
law. The requirements of this article are in addition to, and not
in lieu of, all other City ordinances, codes, rules, regulations,
or state law.
