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CHAPTER 150: BUILDINGS AND BUILDING REGULATIONS Section Adoption of Regulatory Codes by Reference
150.01 2000 International Residential Code 150.02 Michigan Mechanical Code 150.03 Michigan Residential Code 2000 Certificate of Occupancy 150.21 Certificate of occupancy required 150.24 Exemption; multiple housing 150.25 Partial exemptions; owner-occupied residential 150.27 Limitation of inspections 150.30 Conditional certificate of approval Rental Property 150.47 Registration requirement 150.49 Initial inspection; orders; power to vacate 150.50 Issuance of certificate of compliance 150.53 Certificate of compliance requirement
(A) Code
adopted. A certain document, a copy of which is on file in the Office of
the City Clerk of the City of Hartford, being marked and designated as the
2000 International Residential Code, as published and subsequently revised and
amended by The Building Officials and Code Administrators International, Inc.,
be and is hereby adopted as the Building Code of the City of Hartford in the
State of Michigan for the control of buildings and structures as herein
provided; and each and all regulations, provisions, penalties, conditions, and
terms of the 2000 International Residential Code are hereby referred to,
adopted, and made a part hereof as if fully set out in this chapter.
(B) Agency designated. Pursuant to
the provisions of the 2000 International Residential Code, in accordance with
Public Act 230 of 1972, M.C.L.A. §§ 125.1501 through 125.1531, as amended, the
Building Inspector of the City of Hartford is hereby designated as the
enforcing agency to discharge the responsibilities of the City of Hartford,
under Public Act 230 of 1972, M.C.L.A. §§ 125.1501 through 125.1531, as
amended, State of Michigan. The City of Hartford assumes responsibility for
the administration and enforcement of the Act throughout its corporate limits. § 150.02 MICHIGAN MECHANICAL CODE.
(A) Code adopted. A certain
document, a copy of which is on file in the Office of the City Clerk of the
City of Hartford, being marked and designated as the Michigan Mechanical Code,
consisting of the 1990 B.O.C.A. Basic Mechanical Code, as amended, is hereby
adopted as the Mechanical Code of the City of Hartford in the State of
Michigan for the control of buildings and structures as herein provided; and
each and all regulations, provisions, penalties, conditions, and terms of the
Michigan Mechanical Code, are hereby referred to, adopted, and made a part
hereof as if fully set out in this chapter.
(B) Agency designated. Pursuant to
the provisions of the Michigan Mechanical Code, in accordance with Public Act
230 of 1972, M.C.L.A. §§ 125.1501 through 125.1531, as amended, the Building
Inspector of the City of Hartford is hereby designated as the enforcing agency
to discharge the responsibilities of the City of Hartford, under Public Act
230 of 1972, M.C.L.A. §§ 125.1501 through 125.1531, as amended, State of
Michigan. The City of Hartford assumes responsibility for the administration
and enforcement of the Act throughout its corporate limits. § 150.03 MICHIGAN RESIDENTIAL CODE 2000.
(A) Code adopted. A certain
document, a copy of which is on file in the Office of the City Clerk of the
City of Hartford, being marked and designated as the Michigan Residentail Code
2000, as published and subsequently revised and amended by The Building
Officials and Code Administrators International, Inc., be and is hereby
adopted as the Existing Structures Code of the City of Hartford in the State
of Michigan for the control of buildings and structures as herein provided;
and each and all regulations, provisions, penalties, conditions, and terms of
the Michigan Residential Code are hereby referred to, adopted, and made a part
hereof as if fully set out in this chapter.
(A) Code adopted. A certain
document, a copy of which is on file in the Office of the City Clerk of the
City of Hartford, being marked and designated as “The B.O.C.A. National
Plumbing Code,” as published and subsequently revised and amended by The
Building Officials and Code Administrators International, Inc., be and is
hereby adopted as the Plumbing Code of the City of Hartford in the State of
Michigan for the control of buildings and structures as herein provided; and
each and all regulations, provisions, penalties, conditions, and terms of the
Plumbing Code are hereby referred to, adopted, and made a part hereof as if
fully set out in this chapter.
(A) Code adopted. A certain
document, a copy of which is on file in the Office of the City Clerk of the
City of Hartford, being marked and designated as “The B.O.C.A. National
Electrical Code,” as published and subsequently revised and amended by The
Building Officials and Code Administrators International, Inc., be and is
hereby adopted as the Electrical Code of the City of Hartford in the State of
Michigan for the control of buildings and structures as herein provided; and
each and all regulations, provisions, penalties, conditions, and terms of the
B.O.C.A. National Electrical Code are hereby referred to, adopted, and made a
part hereof as if fully set out in this chapter.
(B) Agency designated. Pursuant to
the provisions of the B.O.C.A. National Electrical Code, in accordance with
Public Act 230 of 1972, M.C.L.A. §§ 125.1501 - 125.1531, as amended, the
Electrical Inspector of the City of Hartford is hereby designated as the
enforcing agency to discharge the responsibilities of the City of Hartford,
under Public Act 230 of 1972, M.C.L.A. §§ 125.1501 -125.1531, as amended,
State of Michigan. The City of Hartford assumes responsibility for the
administration and enforcement of the Act throughout its corporate limits. CERTIFICATE OF OCCUPANCY The City Commission finds that a certificate of occupancy program is in the public interest for the following reasons. (A) The City of Hartford is a mature community with much of the housing stock and commercial buildings being in excess of 40 years of age. (B) Based on past experiences with building inspections, many of these buildings have serious code violations which are a threat to the health, welfare, and safety of the residents of the city. (C) It takes special training and knowledge, which is beyond the expertise of the average property owner, to recognize many of these code violations. (D) In order to preserve the value of existing construction, to safeguard the public, and to prevent blight, it is necessary to inspect every building in the city.
(E) The least intrusive method, which should
result in eventual inspection of all residential properties, is to require a
certificate of occupancy upon sale, transfer to the property, or change in
occupancy. § 150.21 CERTIFICATE OF OCCUPANCY REQUIRED. (A) It shall be unlawful to occupy any premises, except as identified as exempt under §§ 150.24 and 150.25, in the City of Hartford unless there is an unexpired certificate of occupancy in effect which covers the specific use for which the premise are being occupied. (B) A violation of this section is a misdemeanor. Each day that the unlawful occupancy continues shall be a separate offence. (C) In the case of tenant-occupied commercial property, the owner or the tenant, or both, may be cited for the violation in addition to the corporation. (D) In the case of a corporation, the president or managing agent shall be personally responsible for the violation in addition to the corporation.
(E) In the case of a partnership, any
general partner may be cited for the violation. (A) All owners or occupants of commercial property shall apply for a certificate of occupancy, as required in § 150.29. (B) Owners of tenant-occupied residential property shall apply for a certificate of occupancy, as required in § 150.28.
(C) Owners of all owner-occupied residential
property shall apply for a certificate of occupancy when the property is sold
or transferred and thereafter, as required in § 150.28. (A) If a residence is found to be vacated, or occupied without an occupancy permit, and material health or safety hazards exist, water service will be discontinued until all bills are paid and an occupancy permit is obtained. Any charges for delinquent water charges or turn-on or turn-off fees connected with obtaining an occupancy permit will be issued and before water service will be continued. (B) If the violations are not corrected within the time limits set by the building official, charges may be brought against the responsible party. (C) The owner or occupant will be contacted and an inspection will be requested. (D) If permission is refused, a search warrant shall be requested from the district court.
(E) If the warrant request is granted, the
premises will be inspected and the owner or occupant will be given written
notice of any violations. The owner or other responsible party will be billed
for the regular inspection fee, any court costs, and attorneys fees incurred
in securing the search warrant. If not paid, these amounts will become a lien
on the property. § 150.24 EXEMPTION; MULTIPLE HOUSING.
A certificate of occupancy is not required
for an apartment building, condominium, and cooperative or other multiple
residential property that is already covered under the Rental Property
Registration and Inspection Ordinance. § 150.25 PARTIAL EXEMPTIONS; OWNER-OCCUPIED RESIDENTIAL. (A) A certificate of occupancy is not required for a single-family housing unit, which was occupied by the owner as the owner’s principal residence on the effective date of this subchapter for as long as that occupancy continues. If the housing is sold, or if the owner no longer occupies it, a certificate of occupancy shall be required, except as provided in division (B) below. A land contract purchaser shall be considered an owner. (B) Application for a certificate of occupancy is not required when owner-occupied residential property is transferred to a member of the household of the owner, provided the transferee has resided in the property for at least 1 year immediately before the transfer, and the transfer is for a nominal consideration. (C) A certificate of occupancy is not required when an owner-occupied house has been inspected as a requirement for mortgage or bank approval for the house before a real estate closing. A copy of the inspection report is sufficient evidence for the purpose of this subchapter.
(D) No part of this section shall be so
construed as to prevent the city from investigating any complaint of hazardous
conditions in any building, brought to the city’s attention by a responsible
party, nor to prevent any code official from acting on violations discovered
or suspected under the plain view doctrine. § 150.26 APPLICATION PROCEDURE. (A) A certificate of occupancy may be obtained by submitting a written application to the City of Hartford on the prescribed form and by paying the standard inspection fee of $45.
(B) Before issuing a certificate of
occupancy, the building official shall inspect the property and determine
whether the property is in substantial compliance with all material provisions
of the most recent edition of the B.O.C.A. National Property Maintenance Code
and H.U.D. Section 8 housing quality inspection form, as amended and adopted
by the city. The building official shall give the applicant a list of all
violations found as a result of the inspection. (D) Upon any reinspections, should the building official discover any other violations or defect not first observed in an earlier inspection, the building official shall have the authority to require compliance within a specific time limit determined by the building official. (E) If an inspection appointment is made and no one is there when the building official goes for the inspection, a $20 fee will be charged before another inspection appointment is made. (F) The certificate of occupancy shall state that the building official has inspected the dwelling or structure and has determined that the dwelling or structure may be occupied. The existence of an unexpired certificate of occupancy shall not bar enforcement of or excuse compliance with any building code or other ordinance of the city. The certificate of occupancy shall bear this legend in capital letters of bold face type: “The city of Hartford does not warranty or guarantee that there are no defects in the premises covered by this certificate and the city shall not be held responsible for defects not noted in the inspection report. Interested persons are advised and encouraged to make their own inspection of the premise in order to determine their condition.”
(G) The person applying for a certificate of
occupancy shall sign an inspection agreement on a form prescribed by the
city. The inspection agreement shall disclose the scope of the inspection,
state the limitation on the inspection, and shall prohibit disclosure of the
inspection report unless the scope and limitation of the inspection are also
disclosed. In the case of a sale of the property, both the buyer and the
seller shall sign and acknowledge receipt of completed inspection report. § 150.27 LIMITATION OF INSPECTIONS. (A) All occupancy inspections shall be made to determine substantial compliance with the B.O.C.A. National Property Maintenance Code and H.U.D. Section 8 housing quality inspection form, as amended. (B) All inspections shall be visual, or those which may require nondestructive testing to the extent of removal of covers and plates or the checking of electrical voltages or grounding conditions, as is deemed necessary by the building official.
(C) A list of all defects, if any, shall be
made at the initial inspection. Any additional defects or code violations
discovered or uncovered during repair or made known to the building official,
prior to the issuance of the occupancy permit, shall be noted and will require
repair within the time limits established by the building official. § 150.28 DURATION; RESIDENTIAL. (A) A certificate of occupancy issued for residential property shall be valid until the property is sold or transferred or occupancy changed. In the case of property occupied by the tenant, the certificate of occupancy shall be valid until there is a change of tenant, or until the property is sold, whichever comes first.
(B) No part of this section shall be so
construed as to prevent the city from investigating any complaint of hazardous
conditions in any building, brought to the city’s attention by a responsible
party, nor to prevent any building official from acting on violations
discovered or suspected under the plain view doctrine. § 150.29 DURATION; COMMERCIAL. (A) A certificate of occupancy for commercial property shall be valid until the property is sold or transferred or the occupancy has changed.
(B) No part of this section shall be so
construed as to prevent the city from investigating any complaint of hazardous
conditions in any building, brought to the city’s attention by a responsible
party, nor to prevent any building official from acting on violations
discovered or suspected under the plain view doctrine. § 150.30 CONDITIONAL CERTIFICATE OF APPROVAL. (A) In the event, for any reason, an owner requests that a certificate of approval be issued prior to complete compliance with the provisions of this subchapter, and if the absence of the complete compliance does not, in the judgment of the building official, constitute a material health or safety hazard, a conditional certificate of approval may be issued upon the condition that complete compliance be achieved within a reasonable time specified by the building official, but not more than 60 days for good cause. In the event of issuance of a conditional certificate of approval, the owner shall notify the city by or before the time periods specified for achieving compliance that the conformance has been achieved. A certificate of approval shall then be issued if the building official determines compliance after inspection.
(B) The building official shall require
submission of a cash or surety bond in the amount equal to 150% of the
estimated cost of repairs as determined by the building official prior to
issuance of a conditional certificate of approval, or in the event the
official agrees to extend the time for compliance, or in the event the
inspection of the premise, buildings, or structures after the time set forth
for compliance has expired reveals that all the deficiencies have not been
corrected. The bond or any moneys deposited as same shall be refunded within
30 days after certificate of approval is issued.
Any violation notice may be appealed to the
city’s Board of Appeal as provided in the Property Maintenance Code in
effect. The appeal shall be in writing and shall be filed within 10 days of
receipt of the violation notice. The appeal fee shall be in an amount of $25,
as prescribed in § 150.52. RENTAL PROPERTY
The purpose of this subchapter is to
protect the public health, safety, and welfare of occupants in the residential
buildings, occupied pursuant to a verbal or written lease agreement, in which
rental consideration is a condition of occupation or, if offered for rental,
by the registration, inspection, and certification of rental properties every
3 years, as set forth in this subchapter.
This subchapter shall take effect immediately
upon November 28, 2001. § 150.47 REGISTRATION REQUIREMENT. (A) Required information. (1) No person shall hereafter occupy, allow to be occupied, or let to another person for occupancy any residential rental property within the City of Hartford for which a registration statement has not been properly made and filed with the City Clerk and for which a certificate of occupancy has not been issued. (2) Registration shall be made upon forms furnished by the City Clerk for that purpose and shall specifically require the following minimum information: (a) Name, address, and phone number of the property owner; (b) Name, address, and phone number of the designated local property manager, if the property owner lives outside the metropolitan area; (c) The street address of the rental property; (d) The number and types of units within the rental property (dwelling units or sleeping rooms); (e) The maximum number of occupants permitted for each dwelling unit or sleeping room; (f) The name, address, and phone number of the person authorized to make or order made repairs or services for the property, if in violation of city or state codes, if the person is different than the owner or local manager; and (g) The name of the current tenant. (B) Manner of registering. (1) The registration must be made on or before January 31, every 3 years, or when there is a turn over by the property owner or designated local property manager, in the Office of the City Clerk.
(2) The applicant or owner, or his or her
designated representative, by filing an application, shall be deemed to have
given the consent to the Hartford Building Inspector to enter each rental
unit, at reasonable times and upon reasonable notice, to inspect the premises
at any time after the application is made or a certificate of compliance is
issued. § 150.48 TRANSFER OF PROPERTY.
Every new owner of rental property (whether
as fee owner or contract purchaser) shall be required to furnish to the City
Clerk the new owner’s name, address, and phone number and the name, address,
and phone number of the owner’s designated manager before taking possession of
the property. No registration fee shall be required of the new owner during
the year in which possession takes place, provided that the previous owner has
paid all registration fees and has complied with all requirements of §§ 150.45
et seq. and any notices from the city concerning violations of health,
zoning, fire, or safety codes of the city. If any change in the type of
occupancy as originally registered is contemplated by the new owner, a new
registration statement will be required. § 150.49 INITIAL INSPECTION; ORDERS; POWER TO VACATE.
After registration, an initial inspection of
the rental unit(s) shall be conducted as soon as inspection schedules permit.
If the rental unit(s) is not in compliance with the rules, regulations, laws,
or housing codes of the City of Hartford and/or the State of Michigan, the
Building Inspector shall furnish the applicant with a written list of the
specific violations which shall be corrected before the rental certificate of
compliance is issued, provided further that the violation does not render the
unit(s) unfit for occupancy or is of a nature which, if not corrected, would
result in further deterioration and subsequent danger to human life, safety,
or welfare. However, if occupancy can continue safely, the City of Hartford
shall issue a temporary certificate of compliance allowing occupancy to
continue while violations are being corrected. No certificate of compliance
shall be issued; occupancy will endanger the health, safety, or welfare of the
public. In those cases, an order to vacate shall be issued. § 150.50 ISSUANCE OF CERTIFICATE OF COMPLIANCE.
If after the initial inspection the dwelling
unit is found to be in compliance with the rules, regulations, laws, and
ordinances of the City of Hartford and/or the State of Michigan, the Building
Inspector shall issue a certificate of compliance for the unit(s) in the name
of the owner or designated representative. § 150.51 REINSPECTION; REVOCATION.
No later than 60 days after the initial
inspection, a follow-up inspection shall be conducted, if necessary, to verify
that all the violations listed pursuant to § 150.48 have been corrected. If
not corrected, either a second reinspection shall be scheduled or, if in the
opinion of the Building Inspector a good faith effort to correct the code
violations has not been made, the temporary certificate of compliance, issued
pursuant to § 150.48, shall be revoked and the unit(s) vacated. The landlord
shall have the right to request inspections at no cost. (A) There will be a charge of $5 dollars for initial registration required under this subchapter; however, there shall be a $25 fee assessed for late registration.
(B) No fees shall be charged by the city for
inspections contemplated by this subchapter to determine that any violations
of this subchapter has been corrected by the owner or property manager;
however, there shall be a fee of $75 to be assessed against the property,
property owner, or designated local property manager for each additional
inspection required because of violations not being corrected. Additional
inspections shall mean inspections required after the initial and follow-up
compliance inspections. § 150.53 CERTIFICATE OF COMPLIANCE REQUIREMENT. (A) Requirement. (1) After the initial inspection of the rental unit(s), pursuant to § 150.48, no single-unit dwelling, multiple unit dwelling, boarding house, lodging house, or other rental property offered to let or hire shall be occupied unless the Hartford Building Inspector has issued a certificate of compliance for the single unit dwelling, multiple unit dwelling, boarding house, or lodging house in the name of the owner or his or her designated representative. (2) Each certificate of compliance shall be effective until revoked by the city, however all units must be registered annually as set forth herein. (B) Distribution. A certificate of compliance shall be given to the owner or his or her designated representative, and the City of Hartford shall retain a copy.
(C) Transferability. A certificate
of compliance shall not be transferred to any other dwelling or unit, but must
stay with the 1 for which it was originally issued. § 150.54 MAINTENANCE OF RECORDS.
All records, files, and documents pertaining
to the Rental Registration and Rental Unit Inspection Program shall be
maintained by the City Clerk and made available to the public as allowed or
required by Michigan State law or city ordinance.
Any person who is grieved by a decision of
the Building Inspector, or whose certificate of compliance has been revoked,
or if the unit(s) are found to be unfit for occupancy, shall be entitled to
reconsideration by appealing the decision to the City Board of Appeals as
provided in the Property Maintenance Code in effect. § 150.56 TENANT RESPONSIBILITY.
In the event a violation exists or occurs
which prevents the issuance of a certificate of compliance or violates the
currently approved B.O.C.A. National Property Maintenance Code due to the
actions or failure to act by the tenant, then the tenant may also be cited for
the violation and subject to punishment under § 150.99(B).
(A) Any person who violates any of the
provisions of §§ 150.20 et seq. shall be deemed guilty of a misdemeanor
and shall be punished by a fine of not more than $500 or by imprisonment in
the county jail for not to exceed 90 days or both the fine and imprisonment.
In addition to the fine and cost imposed for violation of § 150.20, the owner
shall pay the administrative late charge of an additional $25 as prescribed in
§ 150.52. (B) Any person, owner, or designated representative admitting responsibility or found guilty of violating any provision of §§ 150.45 et seq. shall be guilty of a civil infraction as set forth in § 10.99(C), and shall be punishable by a fine of $50 dollars for the first offense and a fine of $150 for the second violation and a fine of $300 for the third and each subsequent violation. Each violation of the provisions hereof shall be deemed a separate offense. (1993 Code, § 6.27)
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