A.
Title.
This chapter shall be known and may be cited as the "Housing Code
of the City of Kalamazoo."
B.
Purpose.
The general purpose of this chapter is to protect the public health,
safety and the general welfare of the people of the City. These general
objectives include, among others, the following specific purposes:
(1)
To protect the character and stability of residential areas within
the City.
(2)
To provide minimum standards for kitchen, heating and sanitary facilities
necessary to the health and safety of occupants of buildings.
(3)
To provide standards for light and ventilation necessary to health
and safety.
(4)
To prevent additions or alterations to existing dwellings that would
be injurious to the life, health, safety or general welfare of the
occupants of such dwellings or neighboring properties.
(5)
To prevent the overcrowding of dwellings by providing minimum space
standards per occupant of each dwelling unit.
(6)
To provide minimum standards for the maintenance of existing residential
buildings and thus to prevent the spread of slums and blight.
(7)
To preserve the taxable value of lands and buildings throughout the
City.
C.
Unless
otherwise expressly modified or deleted by this chapter, if a conflict
occurs between a provision of this chapter and a provision of any
national or published code adopted by the City, the provisions of
the national and published code shall control.
A.
Usage.
(1)
Scope. Unless otherwise expressly stated, the following terms shall,
for the purposes of this Code, have the meanings shown in this chapter.
(2)
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
the singular.
(3)
Terms defined in other codes. Where terms are not defined in this
code and are defined in the International Property Maintenance Code,
building, fire prevention, zoning, plumbing or mechanical codes, ASME
A17.1 and NFPA 70, such terms shall have the meanings ascribed to
them as in those codes.
(4)
Terms not defined. Where terms are not defined, through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
(5)
Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit," or "story" are stated
in this code, they shall be construed as though they were followed
by the words "or any part thereof."
B.
ACCESSORY BUILDING
AGENT (RESPONSIBLE LOCAL)
APPROVED
BASEMENT
BASIC STRUCTURAL ELEMENTS
BED-AND-BREAKFAST INN
BEDROOM
BOARD or BOARD OF APPEALS
BUILDING OFFICIAL
CERTIFICATE OF COMPLIANCE
COMMON AREAS
CONDEMNED
DETERIORATE
DETERIORATION or DETERIORATED
DUPLEX
DWELLING
DWELLING UNIT
EGRESS
EXIT
FAMILY
GARBAGE
GARBAGE CONTAINER
(1)
(2)
GOOD REPAIR
GOOD WORKMANSHIP
HABITABLE AREA
HISTORIC
HOTEL/MOTEL
LOFT APARTMENT
MECHANICAL EQUIPMENT
MINOR VIOLATIONS
MOBILE HOME
MULTIPLE DWELLING
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
OCCUPANT
ONE-FAMILY DWELLING
OWNER
(1)
(a)
(b)
(c)
(2)
PLUMBING
PREMISES
REFUSE
RENT
RENTAL UNIT
RESIDENTIAL COLLECTIVE
RESIDENTIAL COOPERATIVE
ROOMING HOUSE, BOARDINGHOUSE, or LODGING HOUSE
ROOMING UNIT or SLEEPING ROOM(S)
RUBBISH
STRUCTURALLY SOUND
SUBSTANTIAL VIOLATIONS
SUPPLIED
TENANT
TWO-FAMILY DWELLING
UNFIT FOR HUMAN HABITATION
Terms
defined. As used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure, not used as a dwelling, which
is located on the same premises as a dwelling.
See § 17-17.
Determined by the City to be in compliance with this chapter.
A portion of a building located entirely underground or partly
underground (having more than 1/2 its clear floor-to-ceiling height
below the average grade of the adjoining ground).
The parts of a building which provide the principal strength,
stability, integrity, shape and safety, including, but not limited
to, plates, studs, joists, rafters, stringers, stairs, subflooring,
flooring, sheathing, lathing, roofing, siding, window frames, door
frames, porches, railings, eaves, chimneys, flashing, masonry, and
all other essential components.
An establishment located within a detached house that is
the principal residence of the operator (or his/her designee), where
short-term lodging is offered for compensation and that includes the
service of one or more meals to guests.
Any room or space used or intended to be used for sleeping
purposes.
The Building Board of Appeals established in § 9-327.
The individual, including authorized representatives, as
defined in § 9-1C of the City Code.
A document issued by the enforcing agency which states that
the listed property is in substantial compliance with the requirements
of this chapter.
Those interior and exterior areas normally accessible to
all occupants, such as, but not limited to, hallways, stairs, and
yards. "Common areas" do not include dwelling units, exterior or interior
areas assigned to specific occupants, such as assigned storage or
parking places, or such places as offices or areas from which occupants
are generally excluded.
Unfit for occupancy.
To decay, decompose, or degenerate.
The fact or process of decay, infestation, rotting, corrosion,
decomposition, weakening, or degeneration which has progressed to
the point where it has resulted in or will soon result in making an
object or mechanism unsafe, unsanitary, inoperable, unusable, or unsuitable
for its intended use, including, but not limited to, the advanced
stage of rot, rust, mold, insect ingestion, infestation, or destruction.
A building with two dwelling units.
Any building which is wholly or partly used or intended to
be used for living by human occupants.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Egress is what an exit provides. A means of egress consists
of three separate and distinct parts: the exit access (portion that
leads from any occupied point in a building or structure to an exit),
the exit (defined below) and the exit discharge (portion between the
termination of an exit and a public way).
That portion of a means of egress system separated from other
interior spaces of a building or structure by fire-resistance-rated
construction and opening protectives as required to provide a protected
path of egress travel between the exit access and the exit discharge.
Exits include exterior exit doors at ground level, exit enclosures,
exit passageways, exterior exit stairs, exterior exit ramps and horizontal
exits.
See City of Kalamazoo Code of Ordinances, Appendix A (Zoning), Chapter 12 (Definitions and Use Categories). Any person seeking the rights and privileges afforded a member of a family by this chapter shall have the burden of proof by clear and convincing evidence of his or her family relationship.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food, including cans, containers,
and wrappings wasted therewith.
A watertight container that is constructed of durable material
impervious to rodents that is capable of being serviced without creating
unsanitary conditions, or such other containers that have been approved
by the Kalamazoo County Health Department. Containers shall have tight-fitting
covers or lids; or
A receptacle designed to be transported by or mechanically emptied
into a refuse collection vehicle, and does not include receptacles
used in office buildings, businesses, and single-family dwellings
which are less than twenty-gallon capacity.
To be properly installed, stable, and maintained sufficiently
free of defects or deterioration so as to be functional for its present
use and to be safe and sanitary.
Completing a task of construction, repair, replacement, alteration
or maintenance to industry standards using like materials so that
the result is free of defects, operates as intended, creates no unsafe
conditions and is executed in a skilled manner to be generally plumb,
level, square, in line, undamaged and without marring adjacent work.
Proof of structural soundness may be required from the property owner.
Evidence shall be submitted by a licensed architect or engineer or
other appropriate licensed professional.
All areas within a dwelling unit used for living, sleeping,
cooking or eating, excluding:
Buildings that are listed in or eligible for listing in the
National Register of Historic Places, or designated as historic under
an appropriate state or local law.[1]
Any establishment that does not meet the definition of "bed-and-breakfast"
where short-term lodging is offered for compensation.
A dwelling unit located in the upper stories of a mercantile,
warehouse, or factory, usually not partitioned off into rooms. If
partitions are installed, they are not required to extend to the ceiling
or contain doors (in order to allow borrowing light and ventilation
from adjacent areas).
Includes heating equipment, water heaters, and other items
specifically covered by the City's Mechanical/Plumbing Code.[2]
Violations which do not pose an immediate or near term threat
to the physical health or safety of the occupant(s) or public. They
include, but are not limited to, such items as worn or torn carpeting,
holes in interior wall or ceiling surfaces, loose hinges or door knobs,
checked window glazing, low heat in one room or area, dripping faucets,
absence of street address numerals, minor peeling exterior paint,
etc.
A structure, transportable in one or more sections, which
is built on a chassis and is designed to be used as a dwelling with
or without permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure. Any mobile home occupied by someone
other than its owner shall be subject to the required rental registration
and certification requirements of this chapter.
A residential building containing three or more dwelling
units arranged either side by side or one above the other (also "apartment,"
"townhouse," and "garden apartment"). Such term shall also mean any
building containing:
Any public nuisance known at common law or equity.
Any condition which might attract and be dangerous to the public,
whether in a dwelling, on the premises upon which a dwelling is located
or upon an unoccupied lot near a dwelling. This includes, but is not
limited to, abandoned wells, cisterns, shafts, basements, excavations,
structurally unsound fences, outbuildings or structures, lumber, vegetation,
mounds of gravel, sand or earth which might prove a hazard for the
public and whatever is dangerous to human life or is detrimental to
health.
Overcrowding a room with occupants.
Lack of adequate egress.
Insufficient ventilation or illumination.
Inadequate or unsanitary sewage or plumbing facilities.
Improper disposal of garbage, rubbish, refuse, and/or trash.
Whatever renders air, food, or drink unwholesome or detrimental
to health as determined by the health officer.
Insufficient support, inadequate sewerage, drainage, heating,
or wiring.
Any violation of the provisions of this chapter relating to
the aforesaid declared nuisances.
Any person who regularly lives, sleeps, cooks, eats, or has
actual legal possession of a dwelling unit or rooming unit. An occupant
may be a person other than one who has a leasehold or other legal
possessory interest in a dwelling unit or rooming unit.
A residential building containing a dwelling unit for occupancy
by only one family.
Any person who, alone or jointly or severally with others:
Shall have the legal or equitable title to a dwelling with or
without the accompanying actual possession thereof; and/or
Shall be the land contract purchaser of any premises or dwelling;
or
Shall have the charge, care, custody, possession, or control
of any dwelling as owner or agent of the owner or as fiduciary.
A housing cooperative or condominium, whether it is a partnership,
corporation, or any type of association, shall be considered an owner
of the buildings, grounds, and dwelling units which are part of the
cooperative or condominium.
Includes all of the following supplied facilities and equipment:
water pipes, garbage disposal units, waste pipes, toilets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes-washing machines, catch basins, drains, vents, and any other
supplied fixtures, together with all connections to water and sewer
lines.
Any improved or unimproved lot or parcel of land and the
buildings thereon.
Any waste product which is not water-carried and which is
composed wholly or partly of such materials as garbage, rubbish, sweepings,
industrial solid wastes, or domestic solid wastes, organic wastes
or such other substances as may become a nuisance.
Compensation or return of value given periodically, or for
a set period of time, in exchange for the right of possession of a
dwelling or dwelling unit.
Any dwelling unit rented or leased or any dwelling occupied
as a home or family unit containing certain rooms in excess of those
occupied by members of the immediate family and occupied as a home
or family unit which is leased or rented to one or more persons outside
the family. Dwelling units in a housing cooperative or condominium
shall be considered rental units for purposes of this section, if
they are rented.
A residential dwelling, other than a multiple dwelling or
rooming house, in which sleeping, cooking, and eating facilities are
let by the owner or operator to more than two persons who are not
related by blood, marriage, or adoption to the owner or operator or
to each other. This definition shall include any society, club, fraternity,
sorority, association, lodge, federation, organization, or group of
individuals whose domestic relationship is of a transitory or seasonal
nature.
Any cooperative organized under the laws of the State of Michigan that provides residential units for its shareholders or members. All residential cooperatives shall be subject to inspection pursuant to the provisions of this chapter, unless exempted by the rules promulgated initially through the adoption of a resolution by the City Commission or as subsequently amended by the City Manager pursuant to § 17-12C.
Any dwelling, or that part of any dwelling or dwelling unit,
containing one or more rooming units in which space is let primarily
for sleeping purposes, with or without meals, by the owner or agent
to persons who are not related to the owner or operator by blood,
marriage, or adoption. (Rooming house occupancy limits will vary by
zoning district.)
Any room or group of rooms forming a single habitable unit
or intended to be used for living and sleeping but not for cooking
or eating purposes.
Any combustible or noncombustible waste materials, except
garbage, including, but not restricted to, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, plastics, tree branches, yard trimmings,
tin cans, metals, automotive parts, mineral matter, glass, crockery,
duct and the residue from the burning of combustible materials.
That all basic structural elements (see definition) shall
provide strength, stability, integrity, shape, and safety. Proof of
structural soundness may be required from the property owner. Evidence
shall be submitted by a licensed architect or engineer.
Violations which pose an immediate or near-term threat to
the physical health or safety of the occupant(s) or public. They include
but are not limited to such items as lack of dwelling unit heat or
water, broken/leaking/plugged sanitary sewer or drains, improper or
inadequate venting of fossil-fuel-burning appliances, loose or missing
stair treads or rails, foundation walls in danger of collapse, lack
of required functioning smoke alarms, blocked or unsafe exit paths,
etc.
Paid for, furnished, or provided by or under the control
of the owner.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A residential building containing two dwelling units, each
intended for occupancy by only one family.
Any dwelling or dwelling unit which, because of its condition
or the condition of the lot upon which the dwelling or dwelling unit
stands or any accessory structure thereof is dangerous to life, safety,
or the general welfare of the occupants or of the public, shall be
deemed unfit for human habitation. A dwelling or dwelling unit deemed
unfit for human occupancy shall be condemned until such condition(s)
is remedied.
Unless otherwise provided for the purpose of this chapter, a
person is considered to have received a notice or order on the date
it was personally served or the date the notice or order is mailed,
certified or first-class postage prepaid, to him or her at the last
known address according to City records.
No person shall occupy, rent, lease or permit any occupancy
of any dwelling or dwelling unit unless it substantially complies
with all applicable provisions of this chapter. Occupancy of any dwelling
unit regulated by this chapter shall create a rebuttable presumption
that such occupancy has occurred with the express and/or implied consent
of the owner. The provisions of the Michigan Building Code, also known
as the Stille-DeRossett-Hale Single State Construction Code Act, which
is Public Act 230 of 1972, as amended (MCLA § 125.1501 et
seq.), and rules promulgated pursuant to that statute, supersede any
contrary provision of this chapter for residential dwelling units
constructed in compliance with the then-current provisions of that
statute.
It shall be unlawful for any person to erect or occupy any structure
which is intended to be occupied, in whole or in part, as a temporary
dwelling unless it complies with all provisions of this chapter.
Every provision of this chapter which applies to rooming houses
shall also apply to hotels and motels except to the extent that any
such provision is found in conflict with the laws of the state or
with the lawful regulations of any state board or agency.
No house trailer or mobile home, whether mobile or not, shall
be occupied as a dwelling within the City except in legally established
trailer parks or mobile home communities.
A.
The City shall have the authority to condemn any dwelling that is unfit for human habitation or occupancy and constitutes a nuisance as defined in § 17-2 or any other applicable code. Upon a determination that a nuisance exists, the City may order the prompt vacation of the dwelling by posting a notice of condemnation at a conspicuous location on the property and by mailing written notice to the owner of record. The City shall also have the authority to immediately board up or otherwise secure an unoccupied condemned dwelling if it is open to casual entry. Further, the City may require the owner to place a condemnation notice on the inside portion of a first floor window facing the street. No person shall remove or cause to be removed any condemnation notice without permission of the City.
B.
No person shall occupy or be present in a dwelling, dwelling unit, or the premises, if it is condemned or if it constitutes a nuisance as defined in § 17-2. Occupancy of any such dwelling or dwelling unit creates a rebuttable presumption that the occupancy has occurred with the permission of the owner. However, at reasonable times between 8:00 a.m. and 9:00 p.m., the owner, owner's agent or tenant may be present for the purposes of making repairs or removing personal property from the dwelling or premises.
C.
Any
person in violation of any provisions of this section shall be deemed
guilty of a misdemeanor.
If any portion of a building constructed as, or altered into, a dwelling is occupied for human habitation in violation of this chapter and has been deemed by the City as unfit for human habitation, the owner, owner's agent or lessor shall not, during the period of unlawful occupation, accept, retain or recover rent or maintain any action or special proceedings for possession of the premises for nonpayment of rent. The City may declare the premises unfit for human habitation and proceed to condemn the dwelling and order its vacation under § 17-8.
The terms "Building Code," "Electrical Code," "Mechanical Code," and "Plumbing Code," as used in this chapter or notices issued pursuant to this chapter, refer to those respective codes in Chapter 9 of the Kalamazoo City Code. The word "code" when not used in any of the foregoing contexts, but used in this chapter or in a notice issued pursuant to this chapter, refers to this chapter. "IPMC" refers to the most recent published edition of the International Property Maintenance Code.
No person shall cause any utility which is required under this chapter or state law to be removed or shut off from or disconnected from any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies where discontinuance of service is approved by the City. The requirements of § 17-22 of the City Code of Ordinances shall not apply to § 17-11.
For purposes of enforcement and administration of Chapter 17 of the City Code, the following shall apply:
A.
The City shall make inspections for the enforcement of this chapter.
Such inspections are based on a legislative reaffirmation by the City
that the most effective way to obtain compliance with the minimum
requirements of this chapter is through routine periodic inspections
of all premises regulated by this chapter, including hotels, motels,
bed-and-breakfast inns, residential cooperatives, residential collectives,
rooming houses, and all rental housing as mandated by Michigan law,
and as expressly endorsed by the United States Supreme Court. These
inspections may be supplemented as needed with inspections undertaken
on the basis of one or more of the provisions found elsewhere in this
chapter.
B.
Subject to the provisions of § 17-12.1, the Building Official, or any inspectors working under the Building Official's authority, may request permission to enter all premises regulated by this chapter, at reasonable hours, to undertake an inspection. Upon an emergency, as defined under rules promulgated by the City, the inspector or team of inspectors shall have the right to enter at any time. Unless otherwise provided in this chapter, or by a policy or an administrative rule, such inspections shall include a thorough examination of all parts of such rental units and the premises connected therewith, including all common areas and all dwelling units, for any violation of the applicable regulations which could affect the health, safety and welfare of any occupant or use of the premises, regardless of whether such dwelling units are rental units as defined by this chapter. The Building Official or any other inspector is also empowered to make an inspection of any portion of any premises regulated by this chapter when there is probable cause to suspect that there is a violation of this chapter at the premises in question. Such inspections may be accomplished by a search warrant as provided for by this chapter and state law, by access voluntarily provided by the owner or responsible local agent to unoccupied units and common areas, or by access voluntarily provided by a resident of a dwelling unit occupied by that resident.
C.
The City Manager may promulgate rules governing the length of certificates
of compliance, the number of units inspected in multiple dwellings
or multiple-dwelling complexes, and under what circumstances inspections
are waived. The initial rules shall take effect upon endorsement by
resolution of a majority of the City Commission. The City Manager
shall have the authority to amend or replace any rules previously
endorsed by resolution of the City Commission, provided that any proposed
amendment or replacement shall be presented to the City Commission
as an information item on the agenda of a regularly scheduled City
Commission meeting held at least 30 days prior to the proposed effective
date of such amended or replacement rules.
D.
The City shall have the authority under this chapter to obtain a
search warrant to perform any inspection authorized by this chapter
or by state law. Such a search warrant is considered an administrative
search warrant and shall permit an inspection to go forward only for
purposes authorized by this chapter and state law. The City may also
request an administrative search warrant when the premises in question
have not been inspected within the time period prescribed by ordinance,
by administrative policy, or by rule, or when the premises have not
previously been certified or no longer have a current certificate
of compliance.
E.
In addition to the inspections required by § 17-12B, an inspection may be authorized on one or more of the following bases:
(1)
An area basis, such that all the regulated premises in a predetermined
geographical area will be inspected simultaneously or within a short
period of time.
(2)
A complaint basis, such that complaints of violations will be inspected
within a reasonable time.
(3)
A recurrent violation basis, such that those premises which are found
to have a high incidence of recurrent or uncorrected violations will
be inspected more frequently.
F.
Inspections under this section shall be carried out by the City and
may include such representatives of other agencies as may form an
inspection team to undertake an inspection under this chapter and
other applicable ordinances.
G.
In a nonemergency situation in which the owner or occupant demands
a search warrant, the City shall obtain a warrant from a court of
competent jurisdiction. The occupant shall have the exclusive right
to demand a search warrant for an inspection of any dwelling unit.
The warrant shall state the address of the building to be inspected,
the nature of the inspection, as defined in this chapter or other
applicable ordinances, and the reasons for the inspection. It shall
be appropriate and sufficient to set forth the basis for inspection
(e.g., mandatory periodic inspection, complaint, area or recurrent
violation basis) established in this section, in other applicable
statutes or ordinances or in rules or regulations. The warrant shall
also state that it is issued pursuant to authority granted by this
chapter and by the authority of § 127 of Public Act 167
of 1917, as amended (MCLA § 125.527), and that it is for
the purposes set forth for the inspection of rental property by state
statutes and City ordinances. The owner and/or responsible local agent
shall be responsible for providing access whenever a search warrant
is issued pursuant to the provisions of this chapter.
H.
The City may establish and charge a reasonable fee for inspections
conducted under this chapter. All such fees shall be approved by a
resolution adopted by the City Commission.
A.
It is the policy of the City of Kalamazoo that its staff will work
cooperatively with landlords, tenants, neighborhood associations and
other interested groups and individuals to help ensure safe, decent
and sanitary rental housing through the systematic inspection of rental
properties pursuant to the requirements prescribed by this chapter.
B.
The owner and/or responsible local agent shall contact the City to
schedule the systematic inspection in a timely manner such that the
certificate of compliance can be issued prior the expiration of the
then-current certificate of compliance.
C.
It shall be the responsibility of the owner and/or responsible local
agent to contact the City to schedule the systematic inspection required
by this chapter.
D.
Once a date for an inspection is scheduled, the owner and/or responsible
local agent shall do all of the following prior to the date of the
scheduled inspection:
(1)
Inform the tenant or occupant of each dwelling unit scheduled
for possible inspection of the date when the inspection is scheduled
to occur.
(2)
Request permission from the tenant or occupant of each dwelling
unit scheduled for possible inspection to enter the rental unit in
the event that the tenant or occupant is not at home when the inspector
arrives.
(3)
Inform the tenant or occupant of each dwelling unit scheduled
for possible inspection that the owner or the owner's representative
is required to accompany the inspector during the performance of all
inspections of rental dwelling units, and that the owner or the owner's
representative must provide access to the inspector by unlocking the
dwelling unit's door in the event that the tenant is not at home.
E.
In all cases where a tenant or occupant has informed the owner or
responsible local agent, either orally or in writing, that the inspector
may have access to the dwelling unit, the owner shall provide access
to the dwelling unit in question for purposes of conducting the inspection
required by this chapter.
F.
If a tenant who has consented to the inspection informs the owner
or responsible local agent that he or she would like to be present
during the inspection, but that the time scheduled for the inspection
is not convenient, the owner or responsible local agent shall inform
the City of the tenant's desire to be present when the inspection
occurs. The City shall make a reasonable effort to comply with the
tenant's request. If the City, owner, and tenant cannot schedule
a mutually convenient time for the inspection, the City shall have
the discretion to seek a search warrant to inspect that dwelling unit
pursuant to authority granted by this chapter and state law.
G.
If a tenant or occupant of a unit scheduled for possible inspection
informs the owner or responsible local agent that he or she will demand
that the City obtain a search warrant, the owner or responsible local
agent shall inform the tenant that the owner or responsible local
agent is required by City code to accompany the inspector during the
execution of a search warrant, and is required to provide access to
any dwelling unit when a proper search warrant has been issued by
a court of competent jurisdiction. If a search warrant is issued at
the request of a tenant, the City shall make a reasonable effort to
inform the tenant of the date of execution of the search warrant.
H.
In all cases where a court of competent jurisdiction has entered
a search warrant authorizing the inspection of a particular dwelling
pursuant to MCLA § 125.527 and the provisions of this chapter,
the owner or responsible local agent shall accompany the inspector
during the execution of the search warrant and inspection of the named
dwelling units, and shall provide access to each dwelling unit described
in that search warrant.
I.
The City may require the owner of a leasehold to do one or more of
the following:
J.
Neither the City nor the owner may discriminate against an occupant
on the basis of whether the occupant requests, permits, or refuses
entry to the leasehold. An owner of a multiple dwelling shall not
discriminate against any person whose dwelling unit is randomly selected
for inspection by the City, nor shall any owner bill the cost of the
inspection to tenants or other occupants of a property which is inspected
under the provisions of this chapter.
A.
In accordance with the requirements of Act 147 of the Public Acts
of 1992, as amended, before the sale of a unit within a new facility
or rehabilitated facility, or the sale of any new or rehabilitated
facility as a whole, for which a Neighborhood Enterprise Zone certificate
is in effect, an inspection of such unit or facility shall be made
by the City upon the request of the seller to determine compliance
with all local and all applicable state construction and safety codes.
B.
No sale of a unit within a new facility or rehabilitated facility,
or the sale of any new or rehabilitated facility as a whole, for which
a Neighborhood Enterprise Zone certificate is in effect shall be finalized
until a certificate attesting that the unit or facility complies with
all local and all applicable state construction and safety codes has
been issued.
C.
The City Commission shall by resolution set a fee for the inspection
and the issuance of a certificate of compliance required by this section.
D.
As used in this section, the terms "new facility" and "rehabilitated
facility" shall have the same meanings as set forth in PA 147 of 1992,
as amended, being MCLA § 207.772. As used in this section,
the term "unit" includes a "condominium unit" as that term is defined
in PA 147 of 1992, as amended.
A.
The City Commission may, by resolution, establish reasonable fees for covering the costs of actions taken under Chapter 17 of the City Code of Ordinances.
B.
The City shall provide a written invoice of the fees to the owner
of the property against which action was taken by the City. Payment
is due within 30 days from the date of the invoice. If the invoice
is not paid, the City shall notify the City Assessor's Office,
who will assess the unpaid amount against that property. The City
may enforce the lien by placing the unpaid amount on the next tax
roll of the City, the collection of which is enforceable in the same
manner as delinquent taxes.
C.
The City also has the option to file a complaint in the appropriate
court in Kalamazoo County to recoup any unpaid balance owing on the
invoice. Interest shall accrue as provided for delinquent taxes and
judgments by law.
The owner of any hotel, any rental dwelling, or of any residential collective, residential cooperative, bed-and-breakfast inn, or rooming house, shall register it with the City and shall designate a person, as defined in § 17-17, as the responsible local agent who shall be legally responsible for compliance with the City Code and shall also be responsible for providing access to such property for the purpose of making the inspections necessary to ensure such compliance in conformance with applicable provisions of this chapter and state law.
An application for registration shall be made in such form and
in accordance with such instructions as may be provided by the City.
No application for registration shall be valid unless it is filled
out completely. If any information on a rental registration submitted
to the City about the owner or responsible local agent changes, it
shall become invalid until a new registration form is submitted.
An owner of premises covered under this chapter shall designate
a responsible local agent as a party responsible for operating such
premises in compliance with all the provisions of the City Code. The
responsible local agent shall be a person or representative of a corporation,
partnership, firm, joint venture, trust, association, organization
or other entity having his/her place of residence in the County of
Kalamazoo, or having his/her place of residence in the approved zip
codes (as determined by the City). All official notices of the City
may be served on the responsible local agent, and any notice so served
is considered to have been served upon the owner of record.
A.
Upon any transfer of ownership, any registration issued under this chapter shall become invalid. Any new owner shall comply with the provisions of §§ 17-15 and 17-16 and shall register the property within 10 days of the date of the transfer of ownership. The validity and expiration date of a certificate of compliance shall not be affected by a transfer of ownership.
B.
The City will hold the purchaser of any hotel, rental dwelling, rooming
house or other dwelling regulated by this chapter responsible for
any compliance order issued for the property, even though such order
may have been issued to the previous owner. Any new purchaser may
obtain a copy of any outstanding compliance order at the City of Kalamazoo.
Enforcement for failure to comply with any outstanding orders may
be transferred to a new owner without additional notice.
A.
No person shall operate, lease, rent, occupy, or allow occupancy
of a hotel, including a bed-and-breakfast inn, rooming house, multiple
dwelling, residential cooperative, residential collective or any rental
dwelling, including single-family homes and duplexes, unless there
is a valid certificate of compliance issued by the City in the name
of the agent and issued for the specific hotel, rooming house, multiple
dwelling, residential cooperative, residential collective or rental
dwelling. The certificate of compliance shall be displayed in a conspicuous
place in each hotel, rooming house, and bed-and-breakfast inn at all
times. The certificate shall be issued in conformance with such rules
as the City Manager or his or her designee shall promulgate after
registration with the City and following inspection and shall state
that the property is in compliance with the provisions of the Code
and state law.
B.
The City shall not issue a certificate of compliance unless a current
registration is in effect, the responsible local agent is properly
designated, and an inspection, as required elsewhere in this chapter,
has determined that the premises satisfies the minimum standards and
other provisions of the City Code of Ordinances.
A.
B.
No person whose registration to rent or lease a dwelling regulated
by this chapter has been denied or whose certificate of compliance
has been revoked shall permit occupancy of the premises until the
City has approved the registration of the dwelling and issued a certificate
of compliance.
C.
Upon revocation of a certificate of compliance or a determination by the City that any dwelling unit or structure regulated by this chapter is unfit for human habitation, the owner or operator of such unit or structure shall immediately take appropriate legal action to vacate the premises, including eviction proceedings. No person shall thereafter occupy the dwelling unit or structure for sleeping or living purposes until the City determines it complies with this Code. All vacant buildings shall remain closed to casual entry as required in Chapter 9 of the City Code of Ordinances.
A.
The City may institute an action in the circuit court to prevent,
restrain, correct or abate, without limitation, any one of the following
violations or unlawful acts:
(1)
The construction, alteration, conversion or maintenance of a dwelling,
including accessory structure, contrary to this chapter or an order
or notice given by the City.
(2)
When the violation or act is considered to have created a nuisance.
(3)
Under circumstances where the health, safety and welfare of any occupant
on the premises or any nearby structure is at risk.
B.
The procedure for such action shall be the same as for any injunction
or abatement of a nuisance under Michigan court rules, statutes or
the common law. The remedies the City may seek in the judgment or
order entered by the court include without limitation:
(1)
Direct the correction, repair or rehabilitation of the dwelling or
building.
(2)
Abate the nuisance.
(3)
Prevent the occupation of the dwelling, building or structure until
the violation or nuisance is corrected or abated.
(4)
Enjoin or restrain the use, occupancy or action/omission that lead
to the lawsuit from continuing until corrected, abated or ceased.
(5)
Authorize the City to execute and carry out the provisions of the
judgment or order in case of default by the defendant, including failure
to comply within the reasonable time provided.
C.
Whenever the City has incurred any expense for the enforcement of this chapter or the judgment or order of the court, the City may institute and maintain a suit against the owner of the premises to recover such expense in addition to the costs of suit. The City shall have a lien upon the premises for the expenses necessarily incurred in the execution of any judgment or order entered by the court under above Subsections A and B. The lien shall have priority over all other liens or encumbrances, except taxes, assessments or mortgages recorded previous to the existence of such lien. The City may enforce the lien in the same manner as delinquent real estate taxes or foreclosure of mortgages under state law.
D.
In any action instituted by the City under this section, the City
Attorney shall file, in the office of the register of deeds of the
county, a notice of the pendency of the action or proceeding. The
filing of the notice may occur when the action or proceeding is commenced;
before or after final judgment or order is entered; or at any time
after the service of the notice is made upon a defendant. The notice
shall have the same force and effect as a lis pendens under state
law. The Register of Deeds shall record it and shall index it to the
name of each person specified in directions prescribed by the City
Attorney. Any notice may be vacated upon the order of the judge of
the court in which the action or proceeding was instituted or is pending,
or upon written consent of the City Attorney. Such vacated notice
shall be filed with the Register of Deeds.
A.
Any person who causes, permits, allows or maintains a condition on
or in any premises in violation of a criminal provision of this chapter
shall be deemed guilty of a misdemeanor. A person who violates a section
of this chapter which provides for civil penalties shall be deemed
responsible for a municipal civil infraction. Each week that a violation
exists shall constitute a separate offense.
B.
Any person who causes, maintains, permits or allows a nuisance on
or in any premises shall be deemed guilty of a misdemeanor, unless
the condition is specifically deemed a civil violation.
C.
Whenever the Building Official determines that there has been a violation
of any provision of this chapter, or any adopted rule or regulation,
the City may give notice of the violation to the person responsible
for it and order the correction of the violation. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the conditions that constitute violations
of this chapter.
(3)
Specify that a permit for the performance of the work necessary to
correct such violations must be obtained if one is required by the
City Code.
(4)
Notify the owner, agent or occupant, as the case may require, of the time within which the violation shall be corrected. If the work cannot be completed within the time specified or for any other reason, the owner may appeal to the Building Board of Appeals as set forth in Article II of this chapter.
(5)
Be served upon the owner, agent or occupant as the case may require.
Such notice is considered properly served upon an owner, agent or
occupant if a copy of the notice is provided under any of the following:
personally served; mailed certified or first class with prepaid postage
to his/her last known address according to City records; posted in
a conspicuous place on the dwelling affected by the notice; or any
other method authorized or required under the laws of this state.
The time for performance shall commence on the date service was made,
posted, mailed or otherwise authorized depending upon the method of
service used.
D.
Whenever any inspector finds that a violation of this chapter creates
a situation that requires immediate action to protect the public health
and safety, he/she shall bring the matter to the attention of the
Building Official. If the Building Official agrees with the inspector,
the Building Official shall, without notice or hearing, issue an order
stating that an emergency exists and requiring that the person to
whom such order is directed take immediate action as the Building
Official considers necessary and appropriate to meet the emergency.
Regardless of the other provisions of this chapter to the contrary,
such order is effective immediately.
E.
Prosecutions for criminal or civil violations of this chapter may
be commenced by issuing an appearance ticket or citation without prior
notice.
A.
For violations of this chapter that are considered municipal civil
infractions, the minimum fine for a first offense is $150. If the
defendant is responsible for a second civil infraction regarding the
same property as a prior violation, committed within two years of
the prior violation, then the minimum fine is $250.
B.
For violations of this chapter that are considered misdemeanors,
the minimum fine for a first offense is $200. If the defendant is
responsible for a misdemeanor offense regarding the same property
as a prior offense, committed within two years of the prior offense,
then the minimum fine is $300.
C.
Any person who commits a third or subsequent violation of this chapter, all of which occur within three years, regardless whether a misdemeanor or civil infraction and regardless of the property addresses where the violations occurred, is considered a chronic offender and shall be assessed a minimum fine of $500, plus any additional sanctions under § 17-24.
A.
In addition to any fines required by § 17-23, the sentence for a person convicted of a violation of this chapter which is designated as a misdemeanor may include a term of probation to correct any violation of this chapter in existence at the time of the last inspection at the subject property or properties. For chronic offenders, the court shall place that person on probation. Any probation ordered shall continue until the subject property is in full compliance with all provisions of this chapter, and shall set a reasonable deadline considering appropriate circumstances for compliance. If the court finds by a preponderance of the evidence that the defendant has not complied with an order to repair the subject property, it shall order the defendant held in contempt and may order additional sanctions, including the sale of his or her interest in the subject property or properties under such terms and conditions as the court directs.
B.
In addition to any fine required by § 17-23, a judge or magistrate who finds a person responsible for a violation of this chapter which is designated as a municipal civil infraction shall order that person to bring the subject property into full compliance with all provisions of this chapter within a reasonable deadline under appropriate circumstances. If the court finds by a preponderance of the evidence that the defendant has not complied with an order to repair the subject property, it shall order the defendant held in contempt and may order additional sanctions, including the sale of his or her interest in the subject property or properties under such terms and conditions as the court directs.
