ARTICLE I. IN GENERAL

DIVISION 1. GENERALLY

22-1 Definition.

As used in this chapter, “administrator” shall mean the administrator of the building and safety engineering division.

(Code 1985, § 7-1)

Cross referenceDefinitions generally, § 1-2.

22-2 Adoption by reference.

The 2000 Edition of the International Property Maintenance Code, along with any subsequent amendments or supplements as promulgated by the State of Michigan, with technical amendments approved and recommended by the International Code Council, is hereby adopted as the enforcing authority of this ordinance by reference, as fully set forth herein, and shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

(Ord. No. 2139, § 1, 7-18-02)

22-3 Penalties for violation.

Violation of any provisions of this article herein adopted shall be deemed to be a municipal civil infraction, punishable by a fine of not less than $100.00 or more than $500.00, plus any costs, damages, expenses, or other sanctions. This article is further subject to the repeat offense provision, section 86-501(2) of this Code. Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.

(Ord. No. 2139, § 1, 7-18-02)

22-4 Construction and repairing of buildings.

(a)    This section includes any work on any property within the City of Pontiac. It shall be unlawful to perform any work including the erection, grading, excavating, demolition, alteration, or repair of any building, residential dwelling or structure and the excavation, construction, and repair of streets and highways, other than between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Saturday and between the hours of 10:00 a.m. and 7:00 p.m. on Sundays, except in case of urgent necessity in the interest of public safety and health. In which case, it would be necessary to secure a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues.

(b)    This section shall not apply to the homeowner or occupant or those persons other than the owner or occupant in making repairs or doing construction work on residential premises, provided said work is relatively quiet in nature (such as painting, lathing, plastering, insulating, glazing and other comparable work) and motorized equipment is not required for any phase of the work.

(Ord. No. 2168, § 1, 11-20-03)

22-5—22-10 Reserved.

DIVISION 2. CONSTRUCTION CODE BOARD OF APPEALS

22-11 Created; purpose.

There is hereby created a construction code board of appeals to hear appeals from decisions of the building code official as described in the Stille-Derossett-Hale Single Construction Code Act, being Act 230 of 1972 (MCL 125.1514 et seq.).

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-12 Composition; terms; vacancies.

The construction code board of appeals shall consist of five members, appointed by the mayor of the City of Pontiac, as follows: one for five years, one for four years, one for three years, one for two years, and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-13 Qualifications.

A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than one governmental subdivision.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-14 Alternate members.

The mayor of the City of Pontiac shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five years or until a successor has been appointed.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-15 Chairman.

The board shall annually select one of its members to serve as chairman.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-16 Disqualification of a member.

A member shall not hear an appeal in which that member has any personal, professional or financial interest.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-17 Secretary.

The city clerk shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the city clerk.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-18 Compensation of members.

Members of the construction code board of appeals shall receive such compensation per meeting as determined by the city council upon adoption of the annual budget, yet no compensation shall exceed fifty dollars per meeting.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-19 Notice of meeting.

The board shall meet upon notice from the building code official, within ten days of the filing of an appeal, or at stated periodic meetings.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-20 Open hearings.

The business, which the board of appeals may perform, shall be conducted at a public meeting of the board of appeals held in compliance with Act No. 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-21 Procedure.

(a)    The board shall adopt and make available to the public, through the secretary, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.

(b)    After a public hearing, the board of appeals may grant a specific variance to a substantive requirement of the code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied:

(1)    The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the code of that particular item or part for the health, safety, and welfare of the people of the state.

(2)    The specific condition justifying the variance shall be neither so general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable.

(c)    The board of appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of the state. The breach of a condition shall automatically invalidate the variance and any permit, license, and certificate granted on the basis of it. In no case shall more than minimum variance from the code be granted than is necessary to alleviate the exceptional, practical difficulty.

(d)    The board of appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from whom the appeal was taken not more than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal to the State Construction Code Commission for those areas in which the Commission has authority. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-22 Postponed hearings.

When four members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-23 Board decision.

The board shall modify or reverse the decision of the building official by a concurring vote of three members.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-24 Resolution; record of decisions.

a.    The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the building code official.

b.    A record of decisions made by the board of appeals, properly indexed, and any other writing prepared, owned, used, in the possession of, or retained by the board of appeals in the performance of an official function shall be made available to the public in compliance with Act. No. 442 of the Public Acts of 1976.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-25 Administration.

The building code official shall take immediate action in accordance with the decision of the board. The city clerk shall maintain all official records of the board of appeals.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-26 Appeal to State Construction Code Commission.

An interested person, or the interested person’s authorized agent, may appeal a decision of a board of appeals to the State Construction Code Commission within 10 business days after filing of the decision with the city clerk or, in the case of an appeal because of failure of the board of appeals to act within the prescribed time, at any time before filing the decision.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-27 Application; fees.

Any person shall have the right to appeal a decision of the building code official or the hearing officer to the construction code board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent form of construction, alteration, prevention, installation, and/or repair is to be proposed. The application shall be filed on a form obtained from building code official within 20 days after the notice was served.

No application shall be processed until the required application fee is paid. Such application fee shall be set by city council resolution upon adoption of the annual budget or by Order of the Emergency Manager.

(Ord. No. 2122, § 1, 6-28-01; Ord. No. 2238, § 1, 1-13-12)

22-28—22-35 Reserved.