|
Chapter 31.1
RENTAL DWELLINGS AND RENTAL UNlTS*
| Art. I. |
Registration,
§§ 31.1-1 -- 31.1-10 |
| Art. II. |
Certificate of
Compliance, §§ 31.1-11 -- 31.1-19 |
| Art. III. |
Penalties, §§
31.1-20, 31.1-21 |
ARTICLE I. REGISTRATION
Sec. 31.1-1. Definitions.
As used in this chapter, the following terms shall have the
following meanings respectively ascribed to them in this section:
Certificate of compliance.
A certificate issued by the department of engineering and building
which certifies compliance with the provisions of the codes and
ordinances of the City of Wyandotte for all rental dwelling and
rental units. A certificate of compliance shall be valid for five
(5) years from the date of issue unless the property is sold or
transferred. Anew inspection and a new certificate of compliance
shall be required prior to sale or transfer of a rental dwelling or
a rental unit.
Lease.
Any written or oral agreement that sets forth any and all
conditions concerning the use and occupancy of rental dwellings or
rental units.
New rental dwelling.
Any structure, building or other facility promised and/or
leased to a residential tenant or tenants for use as a home,
residence or sleeping unit which has never been occupied and
excluding any addition or modification of an existing structure and
is not owner occupied. This definition includes but without
limitation one- and two-family dwellings, multiple dwellings,
apartment units, boarding houses, rooming houses, hotels, motels and
flats.
Notice of violation.
A notice issued to the owner or responsible local agent
stating that there has been a violation of a provision of this
chapter or any other applicable codes, ordinances, rules or
regulations concerning said premises. Service of violation notices
and other notices shall be by first class mail to the address as
furnished under subsection 31.1-3(a)(2).
Occupancy.
Includes all tenants, lessees and persons residing within a rental
dwelling or rental unit.
--------------------
*Editor's
note - The numerical sequence as set out in Ord. No.
820 has been maintained, only the ch. number has been changed. See
editor's note to Ch. 18.
Charter reference -
Power of city to regulate
rooming houses, § 4.
Cross references - Building
code, Ch. 7; housing code, Ch. 19; licenses, permits and business
regulations, Ch. 21.
State law reference - Hotels,
MCL § 427.1 et seq., MSA § 18.321 et seq.
--------------------
Owner.
Any person, agent, firm or corporation having a legal or equitable
interest in the premises.
Premises.
Any lot or piece of land inclusive of the rental dwelling or
rental unit.
Rental dwelling.
Any structure, building or other facility promised and/or leased to
a residential tenant or tenants for use as a home, residence or
sleeping unit and is not owner occupied. This definition includes
but without limitation one- and two-family dwellings, multiple
dwellings, apartment units, boarding houses, rooming houses, hotels,
motels and flats.
Rental unit.
Anyone area, room, structure, flat, apartment, or facility of a
rental dwelling that is being leased or rented to only one (1)
tenant, group of tenants, or family under one (1) lease and is no~
owner occupied.
(Ord. No. 820, § 1, 7-6-87; Ord. No. 945, § 1,
7-20-92; Ord. No. 1034, § 1, 3-24-97)
Sec. 31.1-2. Registration required.
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 city and shall designate a person, as defined in
section 31.1-5, as the responsible local agent who shall be legally
responsible for operating the registered rental dwelling or rental
unit and shall also be responsible for providing access to such
premises for making the inspections necessary to ensure compliance
with the terms of this chapter and all applicable codes and
ordinances adopted by the City of Wyandotte. A "Certificate of
Compliance" shall not be issued if the registration provisions of
this chapter are not complied with.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
832, § 1, 1-18-88)
Sec. 31.1-3.
Registration forms and fee.
(a) Applications for registration
shall be made in such form and in accordance with such
instructions as may be provided by the city clerk and shall
include at least the following information:
(1) The name and address of
applicant.
(2) The names and addresses of all owners of the rental dwelling
and no post office box addresses shall be accepted.
(3) The name, local address and telephone number of the
responsible local agent.
(4) The number of rental units in each rental dwelling and the
address of the rental dwelling.
(5) The authorization appointing a responsible local agent
signed by both the owner and the responsible local agent.
(b) The fee of twenty-five dollars
($25.00) for each rental dwelling registered shall be paid at the
time of registration. No post office boxes will be accepted as a
legal address. Upon registration, the city clerk shall forward one
(1) copy ofthe registration to the office of the city engineer and
inform applicants of certificate of compliance requirements.
(Ord.
No. 820, § 1,7-6-87; Ord. No. 832, § 2, 1-18-88;
Ord. No. 1025, § 3, 9-23-96; Ord. No. 1034, § 1, 3-24-97)
Sec.
31.1-4. Registration term and renewal.
Registration shall be made prior to the use or occupancy of any
rental dwelling or rental unit. The term of the registration shall
be valid as long as the owner remains unchanged. Any new owner shall
register in accordance with section 31.1-2 and apply to have the
certificate of compliance for each rental dwelling and rental unit
transferred into the new owner's name within ten (10) days of the
date of transfer of ownership. A fee often dollars ($10.00) shall be
paid at the time of registering the transfer of ownership.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
832, § 3, 1-18-88; Ord. No. 1025, § 3, 9-23-96)
Sec.
31.1-5. Responsible local agent.
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 or her place of residence
in the County of Wayne or within a fifty (50) mile radius of the
City of Wyandotte, and shall be designated by the owner as
responsible for operating such premises in compliance with all the
provisions of the City of Wyandotte codes and ordinances. The owner
may act as the responsible local agent provided he/she resides in
the County of Wayne or within a fifty (50) mile radius of the City
of Wyandotte. All official notices of the city may be issued to the
responsible local agent, and any notice so issued shall be deemed to
have been issued upon the owner of record.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
832, § 4, 1-18-88)
Sec.
31.1-6. Transfer of ownership.
Before a rental dwelling or rental unit can be transferred,
conveyed, leased, or sold (including by land contract), a new
inspection shall be required. The inspection fee will follow the
same guidelines as stated in section 31.1-12(b). It shall be
unlawful for the owner of any rental dwelling or rental unit who has
received a notice of violation to transfer, convey, lease or sell
(including by land contract) his/her ownership and/or interest in
any way to another,
unless such owner shall have first furnished to the grantee, lessee
or vendee, or transferee a true copy of any notice of violation and
shall have furnished to the building official a signed and notarized
statement from the grantee, vendee or lessee, or transferee
acknowledging the receipt of such notice of violation.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
945, § 1, 7-20-92)
Secs. 31.1-7 -- 31.1-10.
Reserved.
ARTICLE
II. CERTIFICATE OF COMPLIANCE
Sec.
31.1-11. 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 department of engineering and building in
the name of the owner/responsible local agent and issued for the
specific rental dwelling and rental unit. The certificate shall be
displayed in a conspicuous place in each rental dwelling and rental
unit at all times or in a common area shared by all occupants of a
rental dwelling and rental unit. The certificate shall be issued
after making application with the building department and an
inspection by the building/mechanical inspector, electrical
inspector, plumbing inspector, police and fire department inspectors
to determine that each rental dwelling and rental unit complies with
the provisions of the codes and ordinances of the City of Wyandotte.
An inspection report shall be completed by the inspectors after
completing the inspection of the property. The report shall note all
violations found in the dwelling.
Before a certificate of compliance is issued all violations must be
corrected and approved. In lieu of correcting all violations before
occupancy, except a dangerous condition, the amount of money
required to correct said violations may be placed in escrow with the
department of engineering and building. The escrow funds will be
released only after all violations are corrected. Said violations
shall be corrected within six (6) months of occupancy. If said
violations are not corrected within six (6) months, occupancy may be
prohibited.
A certificate of compliance is valid for a period of five (5) years
from its date of issuance provided that the rental dwelling and
rental units remain in compliance with all applicable codes and
ordinances and are not sold or transferred. For a new rental
dwelling a certificate of compliance shall be issued simultaneously
with the certificate of occupancy, and shall remain valid for five
(5) years provided that the rental dwelling and rental units remain
in compliance with all the applicable codes and ordinances and are
not sold or transferred. When the rental dwelling or rental units
are going to be sold or transferred, a new inspection and a new
certificate of compliance shall be required. The inspection fees
will follow the same guidelines as stated in section 31.1-12(b). The
city engineer may revoke a certificate of compliance for a violation
of any code, ordinance or rule or regulation of the city. The
certificate of compliance must be renewed every five (5) years at
the department of engineering and building.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
832, § 5, 1-18-88; Ord. No. 945, § 1, 7-20-92)
Sec.
31.1-12. Certificate of compliance application form and fee.
(Fees subject to change)
(a) Applications for certificate of
compliance shall be made in such form and in accordance with such
instructions as may be provided by the city engineer and shall
include at least the following information:
(1) Name, address and phone
number of the owner(s).
(2) Name, address and phone number of responsible local agent.
(3) Address and number of units applied for under the
certificate of compliance.
(b) The inspection fee for a
certificate of compliance shall be one hundred seventy dollars
($170.00) for each rental dwelling and eighty-five dollars
($85.00) for each additional rental unit contained within said
rental dwelling. This fee covers the initial inspection and one
(1) complete re-inspection. Any additional re-inspections
performed will require a fee of thirty dollars ($30.00) per unit
per inspector.
(c) The renewal inspection fee every five (5) years for each
rental dwelling shall be one hundred seventy dollars ($170.00) and
all additional rental units contained within that rental dwelling
shall be eighty-five dollars ($85.00) per unit. This fee will
cover the initial inspection and one
(1) complete re-inspection. Any
additional re-inspections will require a fee of thirty dollars
($30.00) per unit per inspector. The "renewal inspection" will
be made by the department of engineering.
(d) Multiple dwellings: Multiple
dwelling with more than twenty-five (25) units shall pay a minimum
fee of two thousand one hundred twenty five dollars ($2125.00) provided the city does not
exceed twenty-six (26) hours for the team of inspectors.
Additional hours beyond twenty-six (26) shall be charged at the
rate of eighty-five dollars ($85.00) per hour and the owners
shall sign an affidavit indicating they will pay said fee or allow
the fee to be assessed against said property.
(Ord. No. 820, § 1, 7-6-87; Ord. No.
832, § 6,1-18-88; Ord. No. 922, § 1, 10-21-91; Ord. No. 1025, § 4,
9-23-96) Ord.No. 1192 5/24/04
Sec. 31.1-13. Posting of
certificate of compliance.
The following information shall be posted in a conspicuous place
either within each rental dwelling and rental unit or in a common
area shared by all occupants of a rental dwelling and rental unit:
(1) A copy of the current
certificate of compliance.
(2) The name, address and telephone number of the responsible
local agent.
(Ord.
No. 820, § 1, 7-6-87)
Secs.
31.1-14-31.1-19. Reserved.
ARTICLE
III. PENALTIES
Sec.
31.1-20. Violations; penalty.
Any owner of a rental dwelling or rental unit who shall fail to
register his/her rental dwelling and rental units or who shall fail
to obtain a certificate of compliance for each of his rental
dwellings and rental units shall be guilty of a misdemeanor. Any
owner who fails to comply with any of the requirements of this
chapter shall be guilty of a misdemeanor.
Upon conviction under this section, the owner shall be punished by a
fine of not more than five hundred dollars ($500.00) or imprisonment
for not more than ninety (90) days, or by both such fine and
imprisonment. Each day a violation exists shall constitute a
separate offense. Each violation for each rental dwelling and rental
unit shall constitute a separate offense.
(Ord. No. 820, § 1, 7-6-87)
Sec.
31.1-21. Lien against property.
If any owner fails to pay any fees required by this chapter, then
the amount due shall accrue interest at the rate of six (6) percent
per annum from the date when it becomes due and shall be filed with
the City of Wyandotte assessor's office and shall be collected in
the manner fixed by law for the collection of taxes and assessments.
(Ord.
No. 820, § 1, 7-6-87)
|
