Ordinance No. 172 VILLAGE OF MAYVILLE TUSCOLA COUNTY MICHIGAN Property Maintenance Ordinance Amendment An Ordinance to amend the Village of Mayville Property Maintenance Code being sections 18- 41 - 18-60, et seq. of the Village of Mayville Code, adopting the current edition of the International Property Maintenance Code, 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 in the Village of Mayville; providing for the issuance of permits and collection of fees therefore and repealing all ordinances and parts of the ordinances in conflict therewith.
The Village of Mayville hereby ordains: ARTICLE III. – PROPERTY MAINTENANCE
Section 1 (Sec. 18-41). – Adoption of the International Property Maintenance Code. A certain document, three (3) copies of which are on file in the office of the Village Manager of the Village of Mayville, being marked and designated as the International Property Maintenance Code, current edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Village of Mayville, 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 of Mayville 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, prescribed in Section 18-42 of this ordinance.
Section 2 (Sec. 18-42). – Code revisions. The following sections are hereby revised:
Section 101.1. Insert: Village of Mayville
Section 101.2. Delete Section and insert the following: The provisions of this code shall apply to all existing non-owner occupied residential and nonresidential structures, or non-owner occupied parts thereof, and all existing non-owner occupied premises or parts thereof. This Code shall constitute minimum requirements and standards for said premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of said existing structures and premises, and for administration, enforcement and penalties.
Section 103.5. Delete section and insert: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall, from time to time, be set down in a schedule which shall be adopted by the Mayville Village Council by resolution and incorporated into this Code by reference.
Section 201.3. Terms Defined in Other Codes. Replace section with: Where terms are not defined in this Code and are defined in the Michigan Residential Code, International Fire Code, Village of Mayville Zoning Ordinance, Michigan Plumbing Code, Michigan Mechanical Code, Michigan Building Code, Michigan Rehabilitation Code for Existing Buildings and the Michigan Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
Section 202. Insert the following definitions:
CERTIFICATE OF COMPLIANCE. A certificate issued by the Village of Mayville or its designee(s) which certifies compliance with the provisions of this Code.
RENTAL DWELLING. Any structure, building or other facility designed, used and/or intended to be used as a home, residence or sleeping unit, except owner-occupied single-family residential structures. This definition includes, but is not limited to, one and two-family dwellings, apartment units, boarding houses, rooming houses, hotels, motels and flats (except owner-occupied single-family residences).
RENTAL UNIT. Any one area, room, group of rooms, structure, flat apartment or facility of a rental dwelling that is designed and/or intended to be used as a single housekeeping unit.
Section 304.14. Insert: April 1 to October 31
Section 404, entitled OCCUPANCY LIMITATIONS, insert the following additional subsections:
404.8 Water closet, lavatory, and bath. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a Flush water closet, a lavatory basin, and a bathtub or shower in good working condition and properly connected to a water and sewage system. The room shall be located as to afford privacy to access and shall not require passage through a bedroom or other room.
404.9 Smoke and carbon monoxide detectors. Smoke detectors required per code and one located in each bedroom. One (1) carbon monoxide detector is required per unit.
404.10 Water connections. Individual water meter hook up for each unit is left to the landlord’s discretion. Every kitchen sink, bathtub, and shower shall be connected with both hot and cold water.
404.11 Rubbish and garbage storage facilities. Every dwelling unit shall have adequate rubbish storage facilities whose type and location are approved by the code official.
404.12 Means of Egress. Every building containing dwelling units shall have two (2) remote means of egress.
404.13 Heating facilities. Every dwelling shall have heating facilities which are properly installed and contain an individual control for each unit. Heating shall be maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit.
404.14 Electrical outlets. Each unit shall have its own meter. All wiring, outlets, lighting fixtures, etc. shall comply with current state codes. Cords to appliances and devices shall not be run through doorways, under rugs, or stapled to wood baseboards, door casings, or through holes in partitions or floors.
404.15 Natural gas or propane. Any unit equipped with natural gas or propane for the use of heating, cooking, etc. shall be individually metered and installed to meet all current state codes. 404.16 Public hall and stairways. Every public hall and stairway in every dwelling containing two or more dwelling units shall be adequately lighted per building codes. Each shall also contain a smoke detector and carbon monoxide detector.
Section 602.3. Insert: October 1 to April 31
Section 602.4. Insert: October 1 to April 31
Chapter 8 Referenced Standards This Chapter lists the standards that are referenced in various sections of the International Code. References to the following codes in the International Code are replaced as noted below: International Code Replacement International Building Code Michigan Building Code International Plumbing Code Michigan Plumbing Code International Electrical Code Michigan Electrical Code International Existing Buildings Code Michigan Rehabilitation Code
Section 3 (Sec. 18-43). – Registration and General Inspection of rental dwellings and units. The owner of any rental dwelling or rental unit shall register each rental dwelling and all rental units contained within the rental dwelling with the Village of Mayville before September 1st of each year at no cost to the owner. Failure to do so will result in a $100.00 fine per unit, per infraction. The Owner shall have (10) working days to remedy the infraction. Once the rental unit is registered, the owner has 30 days to pay for and schedule a general inspection. The Owner shall provide access to such premises for making the inspections necessary to insure compliance with the terms of this ordinance and Code. All rental units must be inspected annually and when there is a change of ownership. A certificate of compliance shall not be issued if the registration provisions of this ordinance are not complied with. Inspection fee is $55.00 per rental unit. Return inspection to check remedy of noncompliant inspection fee is $25.00 per unit, which will be returned if non complaint matters are corrected. If failure to comply, the fee will not be returned. In addition to rental inspection, an annual building fire safety inspection fee will be $50.00 per building not unit. This fee will not be refunded. All fees can be changed by resolution of the Mayville Village Council at any time. Street level apartments are allowed by land use permit in the Central Business District or Local Commercial District as their districts are described under the Mayville Zoning Map, Zoning and Planning Regulations (Previously zoned Business A, Business B, and Neighborhood Commercial) under the following regulations: 1) Street level apartments may not be located or occupy space within 30 feet of any exterior wall facing Main Street or Fulton Street, 2) The 30 feet minimum facing Main Street or Fulton Street shall only be used as permitted under the Mayville Zoning Ordinance, 3) Street level apartments must adhere to off-street parking requirements as outlined in the Mayville Zoning Ordinance and Chapter 66 Traffic and Vehicles of the Mayville Municipal Code as amended, and 4) Street level apartments shall adhere to all federal, state, county, and local laws and ordinances.
Section 4 (Sec. 18-44.) - Registration term; transfers; renewals. Registration shall be made prior to the use or occupancy of any rental dwelling or rental unit. In the case of rental dwellings and rental units which exist on the effective date of this ordinance and Code, registration shall be made within ninety days of such effective date. Any new owner shall immediately register in accordance with this chapter and shall apply to have the certificate of compliance for each rental unit. A renewal fee shall be established by resolution of the Village Council, which shall be paid at the time of registering the transfer of ownership and each year thereafter, which the fee shall also include the transfer of the certificate of compliance, if any. A late fee shall also be established by resolution of the Village Council, which late fee shall be imposed for the late registrations on a per rental unit basis. The late fee shall be in addition to the applicable transfer registration fees for each rental unit or upon transfer of ownership. Registrations shall be filed on or before September 1 of every odd-numbered year.
Section 5 (Sec. 18-45). - Transfer of ownership. No owner of any rental dwelling or rental unit who has received a notice of violation of any code or ordinance of the Village of Mayville (including notice that the number of rental units exceeds that permitted by the Zoning Ordinance) shall 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 Village a signed and notarized statement from the grantee, vendee, lessee or transferee acknowledging the receipt of such notice of violation. In addition, upon selling, leasing, changing ownership of said dwelling, the owner shall obtain a "mold inspection report" which is prepared by a certified mold inspector and the results given to the new owner and a copy dated and given to the Village of Mayville Clerk.
Section 6 (Sec. 18-46). - Certificate of compliance required. No person shall lease, rent or cause to be occupied a rental dwelling or rental unit, unless there is a valid certificate of compliance issued by the Village of Mayville in the name of the owner and issued for the specific rental dwelling and rental unit. The certificate shall be issued after an inspection by the Village or its designee(s) to determine that each rental dwelling and rental unit complies with the provisions of this ordinance and Code. Such inspections shall be commenced after the effective date of this ordinance and Code and shall continue until all rental dwellings and all rental units in the Village have been inspected. The inspection process will then be continued for all such units, with each unit being inspected every year. Once issued, a certificate of compliance will be valid for a one-year period (provided that the rental dwelling and rental units remain in compliance with all applicable codes and ordinances), but will terminate on the date of the next subsequent inspection. The owner will be given thirty (30) days from the date of each such inspection to make necessary repairs and obtain a certificate of compliance for the affected rental dwelling or rental unit. No rental shall be occupied without a certificate of compliance. The Village or its designee(s) may revoke a certificate of compliance for a violation of any code, ordinance, rule or regulation of the Village of Mayville. This shall not preclude the Village of Mayville or its designee(s) from taking such actions as deemed appropriate to protect the public health, safety and welfare on an emergency basis.
Section 7 (Sec. 18-47). - Remodeling, renovation and conversion of rental dwellings and units. Whenever an occupied rental dwelling or rental unit is remodeled, renovated or otherwise converted in any way that could affect its compliance with this ordinance and Code. The property owner must acquire a permit from the zoning administrator and provide a site plan for said proposed renovations. The property owner is subject to an at will inspection from local zoning administrator until project is completed. In the case of an unoccupied rental dwelling or rental unit that is remodeled, renovated or otherwise converted in any way that could affect its compliance with this ordinance and Code, any and all prior certificates of compliance will be revoked immediately upon the commencement of said work. A new certificate of compliance must then be issued after an inspection by the Village or its designee(s) to determine that each rental dwelling and rental unit complies with the provisions of this ordinance. At completion of project the unit is subject to all fees and costs dictated in section 18-43.
Section 8 (Sec. 18-48). – Application to existing, new and converted rental dwellings and units. This ordinance and Code applies to all rental dwellings and rental units within the Village of Mayville existing on the effective date of this ordinance and to those subsequently constructed or converted. All Landlords must obtain a Certificate of compliance prior to the rental of any unit.
Section 9 (Sec. 18-49). – Penalties Any owner of a rental dwelling or rental unit who shall fail to register his or her rental dwelling and rental units, or who shall fail to obtain a certificate of compliance for each of his or her rental dwellings or rental units, shall be guilty of a Municipal Civil Infraction. A separate offense shall be deemed committed for each violation of this ordinance for each rental dwelling and rental unit, and for each separate day of offense. There will be three (3) types of Municipal Civil Infractions: 1) Failure to Comply with Registration 2) Failure to Schedule Inspection 3) Noncompliance with Rental Ordinance Requirements. Each Municipal Civil Infraction will have a separate "Schedule of Municipal Civil Infraction Fines. Schedule of Municipal Civil Infraction Fines
Municipal Civil Infraction First Offense Second Offense Third Offense Failure to Comply $100.00 $150.00 $200.00 Failure to Schedule $150.00 $200.00 $250.00 Non-Compliance $200.00 $250.00 $300.00
Sec. 18-50. – Cost recovery, in addition to any fines.
Any property owner who fails to abate any violation of this ordinance and Code or bring a property into compliance, thereby requiring the Village of Mayville, or its designee(s), to abate the violation or bring the property into compliance, shall be obligated to reimburse the Village it’s cost plus ten percent (10%). If the property owner fails to reimburse the Village within thirty (30) days after receiving a bill for said costs, then in that event, the Village may impose a levy on the property and add the amount to the ad valorem tax rolls.
Sec. 18-51. – Conflict.
All other ordinances of the Village of Mayville or parts of ordinances in conflict herewith are hereby repealed.
Sec. 18-52. – Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Mayville Village Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Sec. 18-53. – Affect.
Nothing in this ordinance 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 Section 2 of this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this ordinance.