Ordinance No. 34-B
TOWNSHIP
OF SPRING ARBOR
AN ORDINANCE FOR ADOPTION OF THE 1987 BOCA
NATIONAL EXISTING STRUCTURES CODE AND TO ESTABLISH A
RESIDENTIAL RENTAL INSPECTION PROGRAM
ORDINANCE NO. 34-B
AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS 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 INSURE 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 STRUCTURES; KNOWN AS THE EXISTING
STRUCTURES CODE.
BE IT ORDAINED BY THE TOWNSHIP BOARD OF THE TOWNSHIP OF SPRING ARBOR
AS FOLLOWS:
SECTION 1. ADOPTION OF EXISTING STRUCTURES CODE.
That a certain document, three (3) copies of which are on file in
the office of the Clerk of the Township of Spring Arbor, being marked
and designated as "The BOCA National Existing Struc-tures Code,
Second Edition, 1987" as published by the Building Officials
and Code Administrators International, Inc., be and is hereby adopted
as the Existing Structures Code of the Township of Spring Arbor,
in the State of Michigan; for the control of build-ings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of said BOCA National Existing Structures
Code are hereby referred to, adopted, and made a part hereof, as
if fully set out in this Ordinance, with the additions, insertions,
deletions and changes, if any, prescribed in Section 2 of this ordinance.
SECTION
2. ADDITIONS, INSERTIONS AND CHANGES
That the BOCA National Existing Structures Code is modified and revised
in the following respects:
Section
ES-110.2 Penalty: Any person, firm, or corpora-tion, who shall
violate any provision of this code shall, upon conviction thereof,
be subject to a fine of not more than $500.00 or imprisonment
for a term not to exceed 180 days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served, in accordance with terms and provisions hereof,
shall be deemed a separate offense.
Section
ES-111.4 Restraining Action; Insert five (5) days.
Section
ES-112.2.1 Membership: Four of the members shall be a licensed
contractor or trades person with at least five years experience.
The fifth member shall not be associated with the construction
trades. No two members can be of the same trade.
Each member shall have been a resident of the jurisdiction for
at least one year prior to appointment. The chief executive officer
shall appoint one member for each of the following offices: chairman,
vice-chairman and sec-retary.
Section
ES-301.3 Loading Area: All passenger loading areas, automobile
service stations and drive-in food establish-ments shall be paved
with bituminous, concrete or equiva-lent surfacing and shall be
free from dirt and other litter and kept in good repair. When
lighted for night time use, lights shall not be permitted to cast
directly upon dwellings nearby.
Section
ES-301.6 Weeds: All lots shall be maintained free from weeds or
plant growth in excess of 10 inches. All noxious weeds shall be
prohibited. Weeds shall be de-fined as all grasses, annual plants
and vegetation other than trees or shrubs provided, however, this
term shall not include cultivated flowers and gardens. This section
shall not be applicable to areas that are best maintained in the
natural setting.
Section
ES-301.7 Storage Area; All approved open salvage yards shall be
completely obscured from surrounding property by a solid screen
not less than 6 feet (1829 mm) in height.
Section
ES-404.1.1 Water Closet Accessibility: Every room used as a bedroom
shall have access to at least one water closet without passing
through another room used as a bedroom.
Section
ES-404.3 Prohibited Use: Kitchens (excluding kitchenettes in hotels/motels),
nonhabitable spaces and public spaces cannot be used for sleeping
purposes.
Section ES-502.5 Floors: Bathrooms and toilet rooms shall be provided
with floors of moisture resistant material or with floors covered
with carpeting.
Section
ES-602.1.1 Receptacles: Every habitable space in a dwelling unit,
and every guest room shall contain at least two separate and remote
receptacle outlets. Every bathroom shall contain at least one
receptacle with every receptacle having a ground fault device.
Section
ES-904.4 Smoke Detectors: All residential buildings shall be provided
with a minimum of one approved single station smoke detector in
the sleeping area. Each guest room or suite of a hotel, motel,
dormitory, lodging house, boarding house shall be provided with
a minimum of one approved single station smoke detector. The detectors
shall be installed in accordance with the building code listed
in Appendix A and can be battery operated. When activated, the
smoke detector shall provide an alarm suitable to warn the occupants
within the individual room or unit.
SECTION
3. ADOPTION OF RESIDENTAL RENTAL INSPECTION PROGRAM.
That the following regulations shall apply to the establish-ment
and implementation of a residential rental inspection pro-gram
for the Township of Spring Arbor:
A. Definitions; For the purposes of this Article, the following
words or phrases shall have the meanings ascribed to them.
1. The "Existing Structures Code" as adopted contains
an Article titled "Definitions". All definitions therein
contained shall be applicable to this Article.
2. "Rental unit" means any boarding house, house used
as a dormitory, multi-family apartment house, one-family dwelling
and two-family dwelling, rented or leased, or any dwelling unit
occupied as a home or family unit containing certain rooms in
excess of those occupied as a home or family unit, which is leased
or rented to one or more persons outside the family.
3. "Landlord" means any owner, agent, lessor or other
person having control of a rental unit.
4. "Tenant" means any person, other than a legal or
equitable title holder, occupying or possessing a dwelling or
part thereof.
B. Registration of Certain Rental Units;
1. Every Landlord shall register all rental units within the Township
of Spring Arbor with the Township Clerk prior to February 28,
1989, or thereafter, within ten (10) working days after the date
of acquiring control of the rental unit.
2. To register a rental unit, the Landlord shall:
a. Truthfully provide the following information on a form provided
by the Township:
(1) Name, address and telephone number of the
property owner and the same information for any agent, lesser
or other person represent-ing the property owner and registering
the rental unit.
(2) The street address of the rental unit, along with other identification
if more than one rental unit has the same street address.
(3) The number of bedrooms in the rental unit and the intended
number of occupants.
(4) Such other information as is reasonably re-quired by the Township.
b. Pay an administrative fee to the Township, in an amount prescribed
by resolution of the Township Board
C. Certificate of Occupancy;
1. Prior to permitting occupancy of a rental unit by a
tenant, the Landlord shall obtain either a Certificate
of Occupancy or a Temporary Certificate of Occupancy from the
Township. The issuance of all such Certificates shall be based
upon the standards of the applicable building, housing, zoning
and new and existing structures codes.
2. A "Certificate of Occupancy" shall be issued when
no code defects are known to be present.
3. A "Provisional Certificate of Occupancy" shall be
issued when some code defects are known to be present. The Landlord
to whom the Certificate is issued is required to correct the defects
by a date certain, and further, to execute and return to the Township
an "Affidavit of Completion" indicating the stated defects
have been corrected. Upon the timely execution and return of an
accurate and truthful "Affidavit of Completion", the
Provisional Certificate of Occupancy shall be deemed a Certificate
of Occupancy. In the event the "Affidavit of Completion"
is either not executed and returned or fraudulently executed and
returned to the Township by the date certain, the Provisional
Certificate of Occu-pancy becomes void.
4. A "temporary Certificate of Occupancy" shall be issued
when several and/or significant code defects are known to be present,
but in the opinion of the building in-spector, such defects do
not render the rental unit uninhabitable. Such a Certificate shall
enumerate the defects to be corrected and indicate a date certain
by when the defects are to be corrected. A re-inspection is required.
In the event the described defects are not corrected by the date
certain, the Temporary Oc-cupancy Certificate becomes void.
5. No Landlord shall permit any rental unit to be occupied by
any person or persons without having a valid Tempor-ary, Provisional
or Certificate of Occupancy for that rental unit.
6. Each Temporary Certificate of Occupancy, Provisional Certificate
of Occupancy and Certificate of Occupancy shall indicate the maximum
permitted number of occupants of the rental unit. No Landlord
shall allow and/or permit a rental unit to be occupied by more
persons than that stated on the applicable Certificate of Occupancy.
D. Inspections:
1. Before issuing a Temporary Certificate of Occupancy, Provisional
Certificate of Occupancy or Certificate of Occupancy, personnel
of the Township of Spring Arbor shall inspect the rental unit.
2. There shall be an administrative fee charged for this inspection,
as determined by resolution of the Township Board. If it is determined
by the Building Inspector that an inspection by the Electrical,
Mechanical and/or Plumbing Inspector is required, the resultant
Electrical, Mechanical and/or Plumbing inspection fee shall be
charged according to the applicable Township Board resolution
or ordinance.
3. No Temporary Certificate of Occupancy, Provisional Certificate
of Occupancy or Certificate of Occupancy shall be valid until
all administrative fees are paid.
E.Appeal:
1. All administrative actions, including the assessment of administrative
fees, may be appealed in the manner pro-vided by the Existing
Structures Code.
2. Any person taking an appeal shall first pay the applic-able
administrative fee, as set by resolution of the Township Board.
3. In the event of an appeal, all related enforcement action is
stayed pending a decision by the Board of Appeals.
F. Penalty; Violations of this Article shall be punishable in
accordance with the "Existing Structures Code".
G. Special Assessment; All administrative fees charged pursuant
to this Article may be assessed as a special assessment, with
all such penalties as are permitted by law.
H. Destruction of Property: No person shall willfully or intentionally
injure, destroy, mar or deface the house, apartment, dwelling
or dwelling unit of another.
I. Sanitary Conditions; No person shall vacate or move from any
dwelling or dwelling unit without first removing there-from all
ashes, garbage, rubbish, dirt, glass, paper and refuse of every
kind and nature.
SECTION 4. INCONSISTENT ORDINANCES REPEALED
That all Ordinances or parts of Ordinances conflicting with the
provisions of this Ordinance are hereby repealed.
SECTION 5. SAVING CLAUSE
That nothing in this Ordinance or in the Existing Structures 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 Section 4 of this
Ordinance; nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this Ordinance.
SECTION 6. DATE OF EFFECT
That the Township Clerk of the Township of Spring Arbor shall
certify to the adoption of this Ordinance, and cause the same
to
be published as required by law; and this Ordinance shall take
effect and be in force from and after its approval as required
by
law.
Adopted: October 11, 1988
Effective: November 20, 1988
|
