ARTICLE VI. HOUSING CODE

DIVISION 1. GENERALLY

22-411 Purpose of article.

The purpose of this article and the housing code is to protect the public health, safety and welfare in buildings used for dwelling purposes by:

(1)    Establishing minimum standards for basic equipment and facilities for light, ventilation, space heating, sanitation and safety from fire; space, use and location; safe and sanitary maintenance; and cooking equipment in all dwellings in the city;

(2)    Fixing the responsibilities of owners, operators and occupants of dwellings in the city; and

(3)    Providing for administration, enforcement and penalties.

(Code 1985, § 14-2)

22-412 Adoption by reference.

The 2000 Edition of the Michigan Residential Code, along with any subsequent amendments or supplements as promulgated by the State of Michigan, with technical amendments approved and recommended by the State of Michigan Bureau of Construction Codes, is hereby adopted as the enforcing authority of this ordinance by reference, as 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.

(Code 1985, § 14-3; Ord. No. 2141, § 1, 7-18-02)

22-413 Rules of construction.

(a)    Where terms are not defined in the housing code, they shall have the meanings ascribed to them as in the building code or zoning ordinance.

(b)    Where terms are not defined under the provisions of this article or under the provisions of the building or zoning code, they shall have ascribed to them their ordinary accepted meanings or such as the context in this article may imply.

(Code 1985, § 14-4)

22-414 Definitions.

(a)    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved, as applied to a material, device or method of construction, means approved by the building official or approved by the authority designated by this article to give approval to the matter in question.

Attic means a portion of a building situated partly or wholly in the roof space.

Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground (see Cellar).

Boardinghouse, lodginghouse or tourist house means any dwelling occupied in such a manner that certain rooms are leased or rented to persons without any attempt to provide cooking or kitchen accommodations for individuals leasing or renting rooms.

Building code means the state building code.

Building official means the official designated by the city to enforce building, zoning, or similar laws, or his duly authorized representative.

Cellar means the portion of the building partly underground having half or more than half of its clear height below the average grade of the adjoining ground.

Certificate of compliance means a certificate issued by the enforcement officer indicating that a specific building is in compliance with all of the provisions of this housing code and with all other codes and ordinances of the city containing requirements for dwellings.

Dormitory means a building arranged or used for lodging three or more persons and having common toilet and bathroom facilities.

Dwelling means any one-family, two-family, or multifamily dwelling, dormitory, lodginghouse or motel.

Dwelling unit means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

Dwelling, multifamily means a building containing more than two dwelling units.

Dwelling, one-family means:

(1)    One or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit;

(2)    A collective number of individuals living together in one house under one head, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit;

(3)    A single individual doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

Dwelling, two-family means a building containing two units with not more than two lodgers or boarders per family.

Exterior property areas means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their roof, by poison spraying, fumigating, trapping or by any other approved methods.

Family means one or more persons related by blood or marriage occupying a dwelling unit or a collective number of individuals living together in one house under one head, whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit.

Garbage means the animal, fish, fowl, fruit and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Grade for buildings means the average level of the ground (finished surface) adjacent to the exterior walls of the building.

Habitable floor area means the total area of all habitable space in a building or structure.

Habitable rooms means a room or enclosed floor space arranged for living, eating and sleeping purposes (not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways, and other accessory floor spaces).

Hotel means a building arranged or used for sheltering, sleeping or feeding, for compensation, for the accommodation of at least 50 guests.

Housing official means the administrator of the building and safety engineering division or his duly authorized subordinates, or other official or employee of the city duly authorized to enforce the provisions of this article.

Infestation means the presence of insects, rodents, vermin or other pests within or contiguous to a multifamily dwelling, dwelling unit, roominghouse, rooming unit or premises.

Legal representative means the director of law and his authorized subordinates or any other attorney properly retained to represent the city in regard to the enforcement of this housing code.

Mechanical ventilation means the process of supplying and removing air by power-driven devices.

Motel means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes, excluding hotels.

Multifamily (multiple) dwellings. See Dwellings.

Natural ventilation means ventilation by opening to outer air through windows, skylights, doors, louvers or stacks.

Occupant means any person, including owner or operator, living and sleeping in a dwelling unit or having actual possession of the dwelling unit.

Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a multifamily dwelling or roominghouse in which dwelling units or rooming units are let or offered for occupancy.

Owner means the owner of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person or entity in control of a building or their duly authorized agents.

Plumbing or plumbing fixtures means those fixtures defined as plumbing under the plumbing code.

Premises means a lot, plot or parcel of land including the buildings or structures thereon.

Privacy means a condition in a dwelling in which access to every living room and every bedroom is available without passing through a bedroom or a room containing a water closet.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Roominghouse. See Dwelling and Boardinghouse.

Rubbish means combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar material.

Safety means the condition of being free from danger and hazards which may cause accidents or disease.

Sanitary conditions means conditions in and about a dwelling or dwelling units that are clean and in sanitary condition free from any accumulation of garbage, rubbish or waste material that would create a health hazard or nuisance.

Standard dwelling means a dwelling of any class which is so equipped, maintained and constructed so as to provide a safe, sanitary and healthful dwelling.

Substandard dwelling means a dwelling of any class which is not equipped, maintained and constructed so as to provide a safe, sanitary and healthful dwelling.

Supplied means installed, furnished or provided by the owner or operator.

Workmanlike means that whenever the words “workmanlike state of maintenance and repair” are used in this housing code, such maintenance and repair shall be made in a reasonably skillful manner.

Yard means an open unoccupied space on the same lot with a building extending along a street, or rear, or interior lot line.

(b)    Whenever the words “one-family dwelling,” “two-family dwelling,” “multifamily dwelling,” “residence building,” “dwelling unit,” “roominghouse,” “rooming unit,” or “premises” are used in the housing code, they shall be construed as though they were followed by the words “or any part thereof.”

(Code 1985, § 14-5)

Cross reference—Definitions generally, § 1-2.

22-415 Applicability of article.

Every portion of a building or premises used or intended to be used for residential purposes, except hotels serving transient guests only, rest homes, convalescent homes, motels and nursing homes, shall comply with the provisions of this article, irrespective of when such building was constructed, altered or repaired, except as provided in this article.

(Code 1985, § 14-6)

22-416 Application of building code.

Any alterations to buildings, or changes in use in such buildings, which may be caused directly or indirectly by the enforcement of this article shall be done in accordance with applicable sections of the building code or other codes and ordinances of the city.

(Code 1985, § 14-7)

22-417 Certificate of compliance.

When any dwelling or dwelling unit shall be caused to be vacated through condemnation, damage by fire or other causes, or rehabilitation, or in case of conversion of the number of units contained in a building, a certificate of compliance shall be first obtained prior to occupancy. The certificate shall contain the approval of the building inspector.

(Code 1985, § 14-8)

22-418 Grandfather clause.

No provision of this article shall be enforced against any dwelling existing on October 28, 1969, unless the violation places in jeopardy the health, safety or welfare of the public or the occupants of the dwelling.

(Code 1985, § 14-9)

22-419 Existing buildings.

This article establishes minimum requirements for occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities except as provided in this article.

(Code 1985, § 14-10)

22-420 Existing remedies.

Nothing in this article shall be deemed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or insanitary.

(Code 1985, § 14-11)

22-421 Buildings converted or altered.

A building, not a dwelling, if hereafter converted or altered to such use shall thereupon become subject to all the provisions of this article as well as the building code and zoning code, relative to dwellings.

(Code 1985, § 14-12)

22-422 Alterations and changes of occupancy.

(a)    No dwelling hereafter erected shall at any time be altered so as to be in violation of any provision of this article. No dwelling erected prior to October 28, 1969, shall at any time be altered so as to be in violation of those provisions of this article, the zoning or building codes, applicable to such dwellings.

(b)    If any dwelling or any part thereof is occupied by more families than is provided for in this article, or is erected, altered or occupied contrary to law, such dwelling shall be deemed an unlawful structure and the enforcing authority may cause such dwelling to be vacated.

(Code 1985, § 14-13)

22-423 Dwellings which are moved.

If any dwelling is moved from one lot to another, it shall be made to conform to all the provisions of this article and the building code.

(Code 1985, § 14-14)

22-424 Lodginghouses and tourist homes, compliance.

Lodginghouses, boardinghouses and tourist homes shall comply with the provisions of this article for dwellings, and shall also comply with other applicable sections of this Code.

(Code 1985, § 14-17)

22-425 Right of appeal; procedure.

(a)    When litigation is not pending before any court of competent jurisdiction on the subject matter, any owner or person who is aggrieved with the ruling or decision of the Housing Official in any matter relative to the interpretation or enforcement of any of the provisions of the housing code may appeal the decision or interpretation.

(b)    The appeal provided for under subsection (a) of this section shall be filed with the Housing Official, in writing, within 30 days of the date of the rendition of the decision of interpretation along with the appropriate fee established from time to time by the City Council.

(c)    Appeals shall be heard and decided by the Board of Appeals under this article. A hearing shall be held at a reasonable time as determined by the Director of Community Development, not more than 30 days after the appeal is filed, and may be adjourned from time to time at the discretion of the Board.

(d)    The appellant shall have the right to appear in person or by agent or attorney and present any relevant, oral or documentary evidence. The Housing Official shall also have the right to present oral or documentary evidence.

(e)    At the conclusion of the hearing, a decision shall be rendered in accordance with the majority vote of the Board of Appeals present and voting.

(Code 1985, § 14-41; Ord. No. 2308, § 1(c), 8-12-13)

22-42622-445 Reserved.

DIVISION 2. ENFORCEMENT

Subdivision I. In General

22-446 Enforcement authority.

(a)    It shall be the duty and responsibility of the administrator of the building and safety engineering division of the city, and his authorized assistants and subordinates, to enforce the provisions of the housing code.

(b)    The chief of the fire prevention bureau and his authorized assistants and subordinates shall be authorized to enforce the provisions of this article relative to multiple dwellings.

(c)    The chief of police as well as the administrator of the building and safety engineering division of the city and their authorized assistants and subordinates shall be authorized to enforce the provisions of section 22-713

(Code 1985, § 14-142)

22-447 Coordination of enforcement.

(a)    Inspection of premises and the issuing of orders in connection with inspection under the provisions of this housing code shall be the exclusive responsibility of the city and its authorized assistants and subordinates. Whenever, in the opinion of the division of the building and safety engineering, it is necessary or desirable to have inspections of any condition by any other department, the division shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders.

(b)    No order for correction of any violation under this housing code shall be issued without the approval of the administrator of the building and safety engineering division. It shall be the responsibility of the official before issuing any such order to determine that it has the concurrence of any other department or official of the city concerned with any matter involved on the case in question.

(Code 1985, § 14-143)

22-448 Administrative liability.

(a)    Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the city charged with the enforcement of the housing code shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this housing code.

(b)    No person who institutes, or assists in the prosecution of, a criminal proceeding under this housing code shall be liable to damages hereunder unless he acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of any unlawful act or omission.

(c)    Any suit brought against any officer, agent or employee of the city as a result of any act required or permitted in the discharge of his duties under this housing code shall be defended by the legal representative of the city or counsel furnished by the city until the final determination of the proceedings therein.

(Code 1985, § 14-144)

22-449 Conflict with city or state laws.

(a)    Except as provided in sections 22-419 and 22-420, in any case where a provision of this housing code is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this city existing on November 27, 1969, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of this housing code is found to be in conflict with a provision of any other ordinance or code of this city existing on November 27, 1969, which establishes a lower standard for the promotion and protection of safety and health of the people, the provisions of this housing code shall prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this housing code.

(b)    No remedy provided in the state housing law is repealed by this article.

(Code 1985, § 14-145)

22-450 Inspection.

(a)    The housing official shall make, or cause to be made, inspections to determine the condition of dwellings, dwelling units, roominghouses, rooming units, and other premises used as dwellings in order to safeguard the safety, morals and welfare of the public under the provisions of this housing code. The housing official, upon the showing of proper identification, at all reasonable times is authorized to enter and inspect any dwelling unit or part thereof.

(b)    In cases in which entry to any dwelling, dwelling unit or portion thereof is refused by the owner or responsible adult in charge, the housing official is authorized to apply to a court of competent jurisdiction for a warrant to inspect the premises. A warrant for a housing inspection shall be issued by the court in all cases in which it appears that a probable cause exists that a dwelling may contain violations of this housing code or of other codes, laws and ordinances of the city or state applicable to dwellings.

(c)    For purposes of this section, "probable cause" shall be defined in accordance with the law relating to warrants for inspections under housing or health codes.

(Code 1985, § 14-16)

22-451 Abatement and liens.

(a)    In any case arising under the terms of this housing code in which a violation exists which presents a serious and immediate hazard to public health or safety and the person responsible neglects or refuses to take corrective action, the housing official or his agent is authorized to enter upon the property in question and abate the hazardous condition by whatever action is necessary. In cases in which such action is taken, the cost shall be borne by the responsible party under the terms of this housing code.

(b)    If the cost of abatement under this section is not paid, it shall be a lien upon the real property upon which the violation existed. In such case, the housing official shall report to the legal representative the amount of the lien, the legal description of the property, and the responsible party. The legal representative shall file a notice of the existence of the lien with the register of deeds and is authorized to maintain an action at law for the collection thereof, either from the responsible party under the terms of this article or against the property as a special assessment.

(Code 1985, § 14-147)

22-452 Emergency order; vacation; compliance.

(a)    Whenever the housing official finds that an emergency exists where a violation of this article creates an eminent peril to the public health or safety or safety of the occupants of any dwelling, he shall proceed immediately to issue an order reciting the existence of the emergency and order such remedial action as necessary to meet the emergency.

(b)    If necessary, to protect the health and safety of the residents or the public health or safety, the housing official shall order that the premises be vacated immediately and that such premises shall not be reoccupied until the emergency order is complied with or executed.

(c)    Notwithstanding any other provision of this article, an emergency or remedial order shall be effective immediately and complied with in the time and manner prescribed in such order.

(Code 1985, § 14-15)

22-453 Penalty for violation of article.

Violations of any provisions of this article herein adopted shall be deemed a municipal civil infraction, punishable by a fine of not less than $100.00, plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provisions of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense which is a first repeat offense shall be no less than $300.00, plus costs.

(2)    The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00, plus costs.

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, 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.

(Code 1985, § 14-146; Ord. No. 2080, § 2, 7-23-98)

22-454 Lis pendens.

In any case in which a notice has been issued under the terms of this article, a notice in the form of a lis pendens notice may be filed with the register of deeds for the county, in regard to the parcel of property on which the violation is located. The notice shall contain the legal description of the subject property, shall recite the nature of the violation, and shall contain information as to where further information can be obtained.

(Code 1985, § 14-148)

22-45522-475 Reserved.

Subdivision II. Correction of Violations

22-476 Correction notice.

(a)    In the case of a violation of this article where correction is required, but where condemnation or demolition is not justified, a correction notice shall be served upon the owner of record and/or person responsible for the violation.

(b)    A correction notice issued under this article shall:

(1)    Be in writing;

(2)    Include an identification of the premises where the violation exists sufficient for identification;

(3)    Specify the violation which exists and the remedial action required; and

(4)    Allow a reasonable time for the performance of any act it requires.

(Code 1985, §§ 14-18, 14-19)

22-477 Service of notice.

A correction notice issued under this article shall be served upon the owner or person responsible for the violation, as follows:

(1)    By personal delivery, or by leaving the notice at the usual place of abode of the person to whom the notice is directed with a person of suitable age or discretion;

(2)    By depositing the notice in the United States mail, addressed to the person to whom it is directed at his last-known address, first class postage prepaid thereon;

(3)    By posting a copy of the notice in placard form in a conspicuous place on the subject premises; or

(4)    By both posting and personal delivery or mailing as provided in this section.

(Code 1985, § 14-20)

22-478 Prosecution of violation.

If any correction notice is not complied with in the time set in the notice, the housing official may request the legal representative to institute an appropriate legal action or proceeding against the property owner or person responsible for the violation, to obtain the following relief:

(1)    To restrain, correct or remove the violation or refrain from any further execution of work;

(2)    To restrain or correct the erection, installation or alteration of such building;

(3)    To require the removal of any work in violation;

(4)    To prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this article, or in violation of a plan or specification under which an approval, permit or certificate was issued; or

(5)    To enforce the penalty provisions of this article.

(Code 1985, § 14-21)

22-47922-500 Reserved.

Subdivision III. Condemnation

22-50122-535 Reserved.

Editor’s note—Ord. No. 2305, § 1, adopted August 12, 2013, repealed §§ 22-501—22-507, which pertained to condemnation of dwellings and derived from §§ 14-22—14-30 of the 1985 Code.

Subdivision IV. Demolition1

22-536 Purpose.

It is the intent of these demolition specifications to ensure that all demolitions within the City of Pontiac are performed in a manner that provides the highest level of public health and safety for its residents and property owners and, further, that the overall welfare of the community as a whole is served. It is also understood that it is in the best interest of the City of Pontiac to require 100 percent removal of all foreign materials from demolition sites and that these materials be removed from the site and properly disposed of in accordance with all local, State, and Federal requirements. It is also understood that all demolition sites be vegetated when completed to avoid the future erosion of soil and to control runoff to adjacent properties.

It is understood that sites and properties may have environmental concerns that would affect the ability to remove 100 percent of the impervious surfaces. In these cases, if an owner wishes to only partially remove the hard surfaces from a site, the owner/applicant, at time of application, must provide the City of Pontiac with, at minimum, the results of ASTM (E1527 and E1903) Phase 1 and Phase 2 environmental assessments which have been filed and disclosed to the Michigan Department of Environmental Quality showing that the property or portion of a property is contaminated as described in PA 451 of 1994, the Natural Resources and Environmental Protection Act.

(Ord. No. 2303, § 1(A), 8-11-13)

22-537 Permit application documentation.

All demolition(s) require a permit. The application for permit shall include:

(1)    A complete application form from the City of Pontiac with site plan (signed by the owner of the property).

(2)    Proof of electric service disconnect.

(3)    Proof of gas service disconnect.

(4)    Proof of telephone service disconnect.

(5)    Proof of cable television/Internet disconnect.

(6)    Proof of soil erosion permit.

(7)    Proof of water service disconnect.

(8)    Proof of sewer service disconnect.

(9)    Proof of right-of-way permit from City of Pontiac and Michigan Department of Transportation, if applicable.

(10)    MDEQ asbestos survey.

(11)    EPA ten-day notice.

(12)    Bonds as required by this article.

(Ord. No. 2303, § 1(B), 8-11-13)

22-538 Description of demolition work.

Unless directed otherwise the contractor shall:

(1)    Completely remove and properly dispose of all structures, trash, rubbish, basement walls, floors, foundations, sidewalks, steps, and driveways from the specified parcel.

(2)    Completely remove any fuel tanks, outdoor toilets and septic tanks, cisterns, and meter pits, and plug or abandon wells.

(3)    Completely remove the materials from the demolition site in accordance with Federal, State, and local regulations.

(4)    Completely remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers, and portable or central air conditioners.

(5)    Completely remove and legally dispose of mercury containing materials including fluorescent, high pressure sodium, mercury vapor, and metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present.

(6)    Provide disconnect letters from all applicable utilities with application for permit before demolition, and/or obtain utility disconnect permits from the City of Pontiac and allow for inspection of disconnect of any private utilities.

(7)    Perform site clearance, grading, and restoration.

(8)    Complete the demolition work in accordance with the plans and these technical specifications and any special provisions included in the approved demolition permit document.

(9)    Post all bonds determined in accordance with this code.

(Ord. No. 2303, § 1(C), 8-11-13)

22-539 Protection of the public and properties.

(a)    Littering Streets.

(1)    The contractor shall be responsible for removing any demolition debris or mud from any street, alley, or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City of Pontiac in cleaning up any litter or mud shall be charged to the contractor and be deducted from the maintenance and completion bond.

(2)    Littering of the site shall not be permitted.

(3)    All waste materials shall be promptly removed from the site.

(b)    Street Closure.

(1)    If it should become necessary to close any traffic lanes, it shall be the contractor’s responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City of Pontiac or Michigan Department of Transportation.

(2)    Street or lane closures shall be coordinated with the City of Pontiac Department of Public Works.

(c)    Protection of the Public by the Contractor.

(1)    Sidewalks. The contractor shall be responsible for any damage to public sidewalks abutting or adjacent to the demolition properties resulting from the execution of the demolition work. The cost of repair or replacement shall be considered incidental to the work and the contractor shall obtain all permits and pay any fees. Failure to repair the public property after notice will result in the City of Pontiac having the work completed and the cost taken from the maintenance and completion bond.

(2)    Pedestrian Access. The contractor shall be responsible to place and construct the necessary warning signs, barricades, fencing, and temporary pedestrian sidewalks, as directed by the City of Pontiac, and to maintain alternate pedestrian access for sidewalks around the demolition site. The cost of these items shall be considered incidental to the work.

(3)    Temporary Fence. Temporary fence shall be erected around all excavation and dangerous building(s) or structure(s) to prevent access to the public. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed.

(d)    Demolition Hours.

(1)    The contractor shall comply with the City of Pontiac nuisance ordinance as it relates to working hours.

(2)    The contractor shall comply with all applicable ordinances and restrictions.

(e)    Noise Pollution. All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The contractor shall comply with the noise pollution requirements of the City of Pontiac.

(f)    Dust Control. The contractor shall comply with applicable air pollution control requirements of the City of Pontiac, the County of Oakland, and the State of Michigan. The contractor shall take appropriate actions to minimize atmospheric pollution. To minimize atmospheric pollution, the aforementioned governmental entities or their designated representatives shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to:

(1)    The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. If using a hydrant for dust control, a permit is required and can be obtained from the Oakland County Water Resources Commission.

(2)    Covering at all times when in motion open bed trucks transporting materials likely to give rise to airborne dusts.

(g)    Requirements for the Reduction of Fire Hazards.

(1)    Removal of Material. Before demolition of any part of any building, the contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints, thinners, and similar substances.

(2)    Fire Extinguishing Equipment. The contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use.

(3)    Fires. No fires of any kind shall be permitted in the demolition work area.

(4)    Hydrants. No material obstructions or debris shall be placed or allowed to accumulate within 15 feet of any fire hydrant. All fire hydrants shall be accessible at all times.

(5)    Debris. Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses.

(6)    Telephone Service. The contractor shall arrange for access to and use of, during working hours, one or more telephones, land lines or cell phones in the vicinity of the work site for the purposes of making calls in case of fire or other emergencies. The contractor’s foreman or at least one regular member of each shift shall be charged with the responsibility of promptly calling emergency services when necessary. The same person shall be required to inspect the building and the site frequently for possible fires or fire producing conditions and to apply appropriate corrective action, particularly at the close of work each working day.

(h)    Protection of Public Utilities. The contractor shall not damage existing fire hydrants, street lights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The contractor shall pay for temporary relocation of utilities which are relocated at the contractor’s request for his convenience.

(i)    Protection of Adjacent Property.

(1)    The contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns, or any other property adjacent to the demolition. The contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles.

(2)    The contractor shall restore existing agricultural drain tiles or roadway subdrains that are cut or removed to parcels released for demolition whether or not the property is scheduled for, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City of Pontiac.

(Ord. No. 2303, § 1(D), 8-11-13)

22-540 Special conditions and maintenance bonds.

(a)    A special conditions bond shall be placed by the owner of the property when special conditions exist that would require that all or part of the property would not be completely removed as part of the demolition. These conditions shall be part of the approved demolition permit. The City realizes that not all demolitions would require complete demolition of a structure and its appurtenances. A redevelopment soon after demolition could have a site plan approved in advance of the demolition or be speculative. A subsurface contamination issue could cause a site to need to keep all or part of the impervious surfaces(s) for an extended period until remediation could be accomplished. A bond covering 120 percent of the portion of cost of the demolition that would not be completed shall be posted to assure that if the redevelopment does not occur or a site plan is not approved that the City of Pontiac could use the bond to complete the demolition if necessary. If a cash bond is held by the City and later returned, such bond shall be returned without interest.

(b)    A maintenance and guarantee bond shall be placed by the owner of the property for installed seed or sod areas for a period of one year from final inspection and approval to assure that all planting areas have established vegetation both for compliance with the zoning ordinance and State law. If a cash bond is held by the City and later returned, such bond shall be returned without interest. Value shall be determined by the Building Official.

(Ord. No. 2303, § 1(E), 8-11-13)

22-541 Maintenance and completion bonds.

(a)    A maintenance and completion bond is required before any permit is issued for demolition. This bond is in addition to any bond required for soil erosion. The bond is to assure that all of the requirements found in this article are adhered to. If the contractor fails to follow this article, the building official may declare an emergency, and after posting the unsafe condition for 24 hours may use the bond money to assure compliance with this article. Demolitions that are contracted by the City of Pontiac are exempt from the bond requirements. After $25,000.00 in cash has been posted for any demolition bond, the balance can be posted using an insurance surety bond with the understanding that in addition to the emergency measures stated above, the City of Pontiac may also use the cash portion of the bond to pay any necessary legal or administrative expenses associated with gaining compliance with the surety company. Unused bonds shall be returned without interest after final inspection.

(b)    Bonds shall be charged as follows:

(1)    One- and two-family residential demolitions bond: (per unit) $500.00;

(2)    Multifamily residential—commercial—industrial demolition bond: minimum $5,000.00, and $0.10 per square foot for each additional square foot up over 5,000 up to 100,000 square feet; $0.05 per square foot for each additional square foot up over 100,000 to 250,000 square feet; $0.02 per square foot for each additional square foot over 250,000 up to 999,999 square feet; $0.01 per square foot for each square foot over 999,999 square feet.

EXAMPLE 250,000 sq ft building demolition bond

Minimum

$ 5,000.00

.10 x   95,000 =

9,500.00

.05 x 150,000 =

7,500.00

Total Bond Amount

$22,000.00

(c)    Soil erosion, if covered by a separate SESC bond, shall not be a requirement for final inspection.

(Ord. No. 2303, § 1(F), 8-11-13)

22-542 Vacating of buildings.

The structures identified in the permit documents shall be vacated before proceeding with demolition. In case the contractor finds that any structure is not vacated, the contractor shall immediately notify the City of Pontiac and shall not begin demolition or site clearance operations on such property until approved and directed by the City of Pontiac.

(Ord. No. 2303, § 1(G), 8-11-13)

22-543 Permits, fees and bonds.

The contractor shall obtain all the necessary permits and pay all permit fees and post all bonds that are required by the City of Pontiac in conjunction with the demolition work.

(Ord. No. 2303, § 1(H), 8-11-13)

22-544 Demolition schedule.

The contractor shall be responsible for providing the City of Pontiac with a minimum of 24 hours’ advance notification prior to beginning the execution of demolition of any structure. The contractor shall be responsible for providing the City of Pontiac with a minimum of 24 hours’ advance notification when calling for inspection.

(Ord. No. 2303, § 1(I), 8-11-13)

22-545 Salvage of demolition materials.

(a)    The contractor shall be allowed to salvage demolition materials only from property owned by the contractor. The property ownership will be shown in the permit application documents.

(b)    No salvage will be permitted on privately owned property unless authorized by the property owner in writing or as directed by the courts.

(c)    The contractor may salvage demolition materials on City owned properties only if authorized in writing by the City in demolition contract as long as demolition is completed within the completion provisions included in the approved demolition schedule. All buildings, building materials, and equipment resulting from this work shall become the property of the contractor, and shall be removed from the premises at once. Salvaged material shall be removed immediately from the premises, right-of-way, streets, or alleys.

(Ord. No. 2303, § 1(J), 8-11-13)

22-546 Demolition and removals.

(a)    Structural Parts of Buildings.

(1)    No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise, and other nuisance.

(2)    Subject to site restrictions, outside chimneys or outside portions of chimneys shall be raised in advance of general demolition of each building. Any portion of a chimney inside a building shall be razed as soon as it becomes unsupported by reason of removal of other parts of the building.

(3)    Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left freestanding or inadequately braced against all reasonably possible causes of collapse at the end of any working day.

(b)    Basements and Foundation Walls. All basement floors, footings, and foundations shall be completely removed from the site unless specifically stated in the special provisions of the approved demolition permit. The basement area is to be inspected and approved by the City of Pontiac before backfilling is started. The contractor shall ensure that no basement excavation will remain open and exposed for more than 24 hours. The contractor shall contact the City of Pontiac when removal is complete to schedule this basement inspection. Failure to do so may result in reexcavation of the basement area at the contractor’s expense.

(c)    Concrete Slabs. The contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs, and appurtenances.

(d)    Retaining Walls. Retaining walls or curbs near the perimeter of parcels shall be removed unless otherwise indicated in the approved demolition permit. The contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal: vertical or as directed by the City of Pontiac.

(e)    Partially Buried Objects. All piping, posts, reinforcing bars, anchor bolts, railings, and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications.

(f)    Vegetation. The contractor shall remove all dead trees, trees identified for removal, stumps, all trees which are not an asset to the property, bushes, vegetation, brush, and weeds, whether standing or fallen, unless specifically stated otherwise by the City. The contractor shall protect all trees not removed from damage by the demolition operation. In the event that the contractor damages a tree, the tree shall be repaired or removed by the contractor as directed by the City of Pontiac.

(g)    Fences. Fences, guardrails, bumpers, signs, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved noncontract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed.

(h)    Fuel Tanks. Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal’s regulations and those of the Michigan Department of Natural Resources.

(1)    Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. The time, place and manner of disposal will be as set forth in the demolition schedule.

(2)    All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide, or nitrogen gas until they are gas free when checked with an “Explosimeter” or another equally efficient instrument, before the work of removal is begun. Checking with the “Explosimeter” shall be done in the presence of the City of Pontiac by competent personnel.

(i)    Outdoor Toilets and Septic Tanks. Outdoor toilets and septic tanks shall be pumped out by a licensed hauling company. The toilet building or septic tank shall be demolished and removed from the site. The excavation or pit shall be backfilled and compacted in accordance with these specifications. Septic tanks shall be broken up and removed from the site and the excavation filled in accordance with the requirements of the City of Pontiac.

(j)    Cisterns and Meter Pits. Cisterns and meter pits shall be demolished and removed. The excavations shall be backfilled and compacted in accordance with these specifications.

(Ord. No. 2303, § 1(K), 8-11-13)

22-547 Well plugging and abandonment.

All wells shall be plugged and abandoned in accordance with the State of Michigan and County of Oakland regulations. The abandoned water well plugging record shall be filed upon completion of the well abandonment.

(Ord. No. 2303, § 1(L), 8-11-13)

22-548 Disposal of demolition debris and solid waste.

(a)    Debris. All materials, rubbish, and trash shall be removed from the demolition area leaving the basements and demolition area free of debris. Any cost incurred by the City of Pontiac in cleaning up such materials and debris left behind shall be deducted from funds due the contractor from their maintenance and cleanup bond.

(b)    Tires. The contractor shall assure no tires have been abandoned on site.

(c)    Disposal of Demolition Debris and Solid Waste. All debris and solid waste shall be delivered by the contractor to an approved disposal facility licensed in accordance with State and/or local regulations, laws, and zoning.

(d)    Asbestos Abatement. The handling of asbestos material is subject to all applicable State and Federal mandates. The contractor shall comply with applicable regulations regarding its handling and disposal. Asbestos shall be removed by a licensed abatement contractor in accordance with State and Federal law. In the event that asbestos is discovered on a property during demolition, the contractor shall notify the City of Pontiac and the asbestos shall be removed by a licensed abatement contractor.

(e)    Demolition of Structures with Transite Siding. The contractor shall be responsible for the proper handling of transite siding, and all demolition debris from these structures shall be disposed of in accordance with State and Federal law.

(f)    Freon Removal and Disposal. The handling of freon-containing appliances is subject to all applicable State and Federal mandates and regulations. The contractor shall be responsible for the identification, removal, and disposal of the material in accordance with applicable regulations.

(g)    PCB and Mercury Removal and Disposal. The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable State and Federal mandates and regulations. The contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations.

(Ord. No. 2303, § 1(M), 8-11-13)

22-549 Backfill, grading, and cleanup.

(a)    Backfill. When site conditions permit, as determined by the Community Development Director or his designee, on-site soil may be used as backfill material. The top nine to 12 inches of topsoil shall be stripped and stockpiled on site for use as final topsoil and grading material. If adequate topsoil is not available on site, the contractor shall bring in enough topsoil from off site to place a minimum four-inch cover on the entire site. Excess excavation materials shall be removed from the site. Topsoil material shall not be permitted as deep fill material. Any borrow or fill material shall be approved by the Community Development Director or his designee or an approved third party engineer before and during the placing of the material. All depressions on the property shall be filled, compacted to 95 percent capacity, and graded to a uniform slope with adequate drainage.

(b)    Compaction. All excavations shall be backfilled with acceptable material and compacted to 95 percent capacity.

(c)    Additional Fill Material. All additional fill material shall be of equal quality to the soil adjacent to the excavation and free of rubble or organic matter. The contractor shall provide for a minimum depth of four inches of topsoil over the excavated area.

(d)    Hand Labor. The contractor shall use hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site of any debris.

(e)    Grading. The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The contractor shall grade and shape the site to drain, complete fine grading, and final cleanup.

(f)    Final Cleanup. Before final approval of the demolition permit, the contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The contractor shall not make agreements that allow salvaged or unused material to remain on private property. All ground occupied by the contractor in connection with the work shall be restored. Restoration shall include appropriate smoothing to its original condition and include seeding with mulch of the area. Sod must be used in place of seed and mulch on all right-of-way areas. On demolition sites where seeding will be delayed because of the allowable seeding dates, the contractor shall complete fine grading and shaping of the site to leave the site in a neat and presentable condition subject to the soil erosion permit and approval of the City’s applicable regulations.

(Ord. No. 2303, § 1(N), 8-11-13)

22-550 Sanitary sewer and water service disconnections.

(a)    Sanitary Sewer Service Disconnection. All sanitary sewer services shall be disconnected and plugged by a licensed plumber who has secured the necessary permits. This cut and cap must be inspected and approved by the City’s Plumbing Inspector when the cap is left on private property subject to special provisions on the permit or by the City’s Department of Public Works when cut in the public right-of-way, prior to demolition or excavation. Contractor shall also follow any requirements established by the Oakland County Water Resources Commission.

(b)    Water Service Disconnection. All water services and stubs for the buildings or properties within the demolition work shall be disconnected in conformance with City of Pontiac regulations by a licensed plumber who has secured the necessary permits. This cut of the water service(s) must be inspected and approved by the City’s Plumbing Inspector when the cap is left on private property subject to special provisions on the permit or by the City’s Department of Public Works when cut in the public right-of-way, prior to demolition or excavation. Contractor shall also follow any requirements established by the Oakland County Water Resources Commission.

(c)    Backfill and Compaction within City Right-of-Way.

(1)    Streets. Unless stipulated otherwise the contractor shall backfill, compact, and patch the surface of all excavations made in streets. This shall be completed to the satisfaction of the Department of Public Works.

(2)    City Right-of-Way. All areas within the City right-of-way (including parking and sidewalk areas) shall be compacted to the satisfaction of the Department of Public Works.

(Ord. No. 2303, § 1(O), 8-11-13)

22-551 Safety and fencing.

(a)    Safety. The contractor shall comply with all applicable current Federal, State, and local safety and health regulations.

(b)    Safety Fencing. The contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the contractor.

(Ord. No. 2303, § 1(P), 8-11-13)

22-552 Seeding.

All disturbed areas associated with the work shall be seeded and mulched or have sod placed, weather permitting. Seeding must conform to the current edition of the Urban Standard Specifications for Public Improvements except as modified by this code. The contractor shall provide seed mixtures in accordance with the specification; however, the seed shall be applied at 133 percent of the specified rate for the type of mixture specified.

(Ord. No. 2303, § 1(Q), 8-11-13)

22-553 Authorized workers.

Only the contractor and its employees are allowed to demolish, dismantle, detach, or dispose of any part of the demolition structure or its contents.

(Ord. No. 2303, § 1(R), 8-11-13)

22-554 Daily cleanup of right-of-way and private property.

At the end of each workday, the contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation.

(Ord. No. 2303, § 1(S), 8-11-13)

22-555 Variances.

Upon payment of the appropriate fee established from time to time by the City Council, any person aggrieved by the regulations in this article may file an application with the Building Official and have their position heard by the Board of Appeals. The decision of the Board of Appeals shall be final.

(Ord. No. 2303, § 1(T), 8-11-13)

22-55622-565 Reserved.

Subdivision V. Disclosure Requirements For Condemned or Demolished Residential Property.

22-566 Obligation of seller to disclose condemnation or demolition status.

(a)    The seller or transferor of any property as described in section 22-567 shall give written notice, on forms distributed by the city and available from the city assessor’s office, whether the residential property in question is currently condemned or subject to demolition procedures, by virtue of authority granted by MCL 565.959. Such disclosure shall be made to a prospective purchaser or transferee prior to the execution of a binding purchase agreement or other binding agreement for the transfer of the subject residential property.

(b)    Failure to provide such notice to the transferee, or failure to file a duplicate executed form with the city assessor’s office, shall constitute a municipal civil infraction punishable pursuant to section 86-501

(Ord. No. 2073, § 1, 10-30-97)

22-567 Applicability of disclosure requirement.

(a)    The seller disclosure requirements of this subdivision apply to the transfer, or proposed transfer, of any interest in real estate consisting of not less than one nor more than four residential dwelling units, whether by sale, exchange, installment, contract or any other proposed transaction.

(b)    The seller disclosure requirements do not apply to any of the following:

(1)    Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;

(2)    Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;

(3)    Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation, secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers of a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;

(4)    Transfers by a nonoccupant fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;

(5)    Transfers from one co-tenant to one or more other co-tenants;

(6)    Transfers made to a spouse, parent, grandparent, child, or grandchild;

(7)    Transfers between spouses resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;

(8)    Transfers or exchanges to or from any governmental entity;

(9)    Transfers made by a person licensed under Article 24 of Act. No. 299 of the Public Acts of Michigan of 1980 (MCL 339.2401339.2412) of newly constructed residential property that has not been inhabited.

(Ord. No. 2073, § 1, 10-30-97)

22-568 Conditions inherent in disclosure requirement.

(a)    The specifications of items for disclosure in this subdivision does not limit or abridge any obligation for disclosure created by any other provision of law, specifically including MCL 565.959.

(b)    Delivery of a disclosure statement required by this subdivision shall be by personal delivery, facsimile delivery, or by registered mail to the prospective purchaser or transferee, and shall be acknowledged by the signatures of both parties.

(c)    A transfer subject to this subdivision shall not be invalidated solely because of the failure of any person to comply with the provision of this subdivision.

(d)    An agent of a transferor shall not be liable for any violation of this subdivision by transferor unless the agent knowingly acts in concert with the transferor to violate this subdivision.

(e)    The fact that a residential unit subject to this subdivision has been condemned or is subject to the demolition procedure constitutes a rebuttable presumption that the transferor knew or should have known of such conditions.

(f)    Each disclosure required by this subdivision shall be made in good faith. For purposes pursuant to this subdivision, "good faith" means honesty in fact in the conduct of the transaction.

(Ord. No. 2073, § 1, 10-30-97)

22-56922-575 Reserved.

DIVISION 3. ENVIRONMENTAL REQUIREMENTS

22-576 Scope of division.

The provisions of this division shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans, and the premises on which it stands, shall comply with the conditions prescribed in this division as they may apply to such premises. The housing official shall cause periodic inspection to be made of dwelling premises to secure compliance with these requirements.

(Code 1985, § 14-42)

22-577 Compliance with exterior property areas standards.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling unit for the purpose of living in such dwellings or premises which do not comply with the requirements of sections 22-578 through 22-582.

(Code 1985, § 14-43)

22-578 Sanitation.

All exterior property areas shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish, garbage or any blighting influences detrimental to the property or neighborhood.

(Code 1985, § 14-44)

22-579 Grading and drainage.

All premises shall be graded and maintained so as to prevent the undue accumulation of stagnant water, stormwater or surface water on such premises, or within any building or structure located on such premises.

(Code 1985, § 14-45)

22-580 Noxious weeds.

All exterior property areas shall be kept free from weeds or plant growth which are detrimental to the public health and safety of the area, or which are in violation of any ordinance of the city or state law.

(Code 1985, § 14-46)

22-581 Insect and rodent harborage.

Every owner of a dwelling or multifamily dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of the premises. The occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.

(Code 1985, § 14-47)

22-582 Accessory structures.

All accessory structures including detached garages shall be maintained structurally sound and in good repair.

(Code 1985, § 14-48)

22-583 Compliance with exterior of structures requirements.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or multifamily dwelling, or dwelling unit, roominghouse, or rooming unit or portion thereof for the purpose of living in such structure which does not comply with the requirements of sections 22-584 through 22-601.

(Code 1985, § 14-49)

22-584 Walls and roof surfaces.

Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.

(Code 1985, § 14-50)

22-585 Foundations.

The foundation elements shall adequately support the building at all points, be sound and in good repair.

(Code 1985, § 14-51)

22-586 Exterior walls and trim.

Every exterior wall and all trim shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. The walls and trim shall be adequately painted or protected.

(Code 1985, § 14-52)

22-587 Roofs.

The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portions of the building.

(Code 1985, § 14-53)

22-588 Stairs, porches and railings.

Stairs and other exit facilities shall be adequate for safety as provided in the applicable sections of the building code, and shall comply with sections 22-589 through 22-592. In no circumstances shall there be provided less than two exits from each one-family, two-family, or multifamily dwelling.

(Code 1985, § 14-54)

22-589 Outside porches.

In multiple dwellings, outside porches shall not be located so as to interfere with or diminish the light or ventilation required by this article except unenclosed porches for service stairs only may be erected provided that they are in compliance with the building code.

(Code 1985, § 14-55)

22-590 Fire escapes.

All fire escapes on multiple dwellings shall be open and unenclosed. They shall be located and constructed as specified in the applicable sections of the building code.

(Code 1985, § 14-56)

22-591 Structural safety of stairs and porches.

Every outside stair, porch, and appurtenance attached thereto shall be constructed so as to be safe for use and capable of supporting the loads to which it is subjected as required by the building codes. They shall be kept in sound condition and good repair.

(Code 1985, § 14-57)

22-592 Handrails.

Every flight of stairs which is more than 36 inches high shall have handrails located as required by the building code. Every porch which is more than 36 inches high shall have handrails located and of such design as required by the building code. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition.

(Code 1985, § 14-58)

22-593 Windows, doors and hatchways generally.

Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.

(Code 1985, § 14-59)

22-594 Windows.

(a)    Glass. Every window sash shall be fully supplied with glass window panes or an approved substitute which are glazed and which are without open cracks or holes.

(b)    Tightness. Every window sash shall be in good condition and fit reasonably tight within its frame.

(c)    Openable. Every window necessary for ventilation shall be capable of being opened and shall be held in position by window hardware.

(Code 1985, §§ 14-60—14-62)

22-595 Doors.

(a)    Hardware. Every exterior door, door hinge, and door latch shall be maintained in good condition.

(b)    Frames. Every exterior door, when closed, shall fit reasonably well within its frame.

(Code 1985, §§ 14-63, 14-64)

22-596 Windows and door frames; wall fit.

Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or multifamily dwelling. In all properties not occupied by the owner, all windows and exterior doors which are openable shall be provided with adequate locks or latches for purposes of security.

(Code 1985, § 14-65)

22-597 Basement hatchways.

Every basement hatchway shall be constructed and maintained so as to prevent the entrance of rodents, rain, wind and reasonable surface drainage water into the dwellings or multifamily dwellings.

(Code 1985, § 14-66)

22-598 Means of egress.

Every one-family, two-family or multifamily dwelling shall be provided with two means of exit which are capable of being opened from the inside without the use of a key.

(Code 1985, § 14-67)

22-599 Screens.

Guards and screens shall be supplied for protection against rodents and insects in accordance with the requirements of sections 22-600 and 22-601.

(Code 1985, § 14-68)

22-600 Guards for basement windows.

Every basement or cellar window which is openable shall be supplied with corrosion-resistive rodentproof shields of not less than no. 22 U.S. gauge perforated steel sheets or no. 20 B & S gauge aluminum or no. 16 U.S. gauge expanded metal or wire mesh screens with not more than one-half-inch mesh openings, or with other material affording equivalent protection against the entry of rodents.

(Code 1985, § 14-69)

22-601 Insect screening; exception.

From June 1 to October 15 of each year, every door opening directly from any dwelling or multifamily dwelling to the outdoors, and every window or other outside opening used for ventilation purposes, shall be supplied with a screen of not less than no. 16 mesh per inch. Every swinging screen door shall have a self-closing device in good working condition. No such screens shall be required for a dwelling unit on a floor above the fifth floor.

(Code 1985, § 14-70)

22-602 Compliance with interior structure requirements.

No person shall occupy as owner-occupant, or let another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit, or portion thereof, for the purpose of living in such dwelling, which does not comply with the requirements of sections 22-603 through 22-614.

(Code 1985, § 14-71)

22-603 Freedom from dampness.

In every dwelling, cellars, basements and crawl spaces shall be maintained reasonably from dampness to prevent insanitary conditions and conditions which are conducive to decay or deterioration of the structure.

(Code 1985, § 14-72)

22-604 Structural members.

The supporting structural members of every dwelling and multifamily dwelling used for human habitation shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads.

(Code 1985, § 14-73)

22-605 Interior stairs and railings.

Stairs shall be provided in every dwelling, multifamily dwelling, roominghouse and boardinghouse as required by the building and fire codes.

(Code 1985, § 14-74)

22-606 Maintenance of stairs.

All interior stairs of every structure used for human habitation shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as required by the provisions of the building code.

(Code 1985, § 14-75)

22-607 Maintenance of interior.

All floors, floor coverings, walls, ceilings and trim, as well as doors and related appurtenances, shall be maintained in sound condition and in good repair.

(Code 1985, § 14-76)

22-608 Handrails and balustrades.

Every stairwell and every flight of stairs which is more than 36 inches high shall have handrails or railings located in accordance with the provisions of the building code. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustraded railings, capable of bearing normally imposed loads as required by the building code, shall be placed on the open portions of stairs, balconies, landings and stairwells.

(Code 1985, § 14-77)

22-609 Bathroom and kitchen floors.

Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and to permit such floor to be easily kept in a clean and sanitary condition.

(Code 1985, § 14-78)

22-610 Sanitation of interior.

The interior of every dwelling and multifamily dwelling used for human habitation shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage or insanitary condition detrimental to the health or safety of the occupants. Rubbish, garbage or other refuse shall be properly kept inside temporary storage facilities as required under sections 22-645 and 22-646.

(Code 1985, § 14-79)

22-611 Insect and rodent harborage.

Buildings used for human habitation shall be kept free from insect and rodent infestation. Where insects or rodents are found they shall be promptly exterminated by acceptable means which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

(Code 1985, § 14-80)

22-612 Extermination of buildings.

Every owner of a dwelling or multifamily dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests whenever infestation exists in two or more of the dwelling units or in the shared or public parts of the structure. The owner shall be responsible for the extermination of insects, rodents, vermin or other pests whenever infestation exists in any unit or units that are not occupied.

(Code 1985, § 14-81)

22-613 Extermination of single dwelling units.

The occupant of a dwelling unit in a dwelling or multifamily dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests within the unit occupied by him whenever his dwelling unit is the only unit in the building that is infested.

(Code 1985, § 14-82)

22-614 Rodentproof condition; owner’s responsibility.

Notwithstanding sections 22-611 through 22-613, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multifamily dwelling in a rodentproof condition, extermination of such rodents shall be the responsibility of the owner.

(Code 1985, § 14-83)

22-61522-635 Reserved.

DIVISION 4. SPACE AND OCCUPANCY REQUIREMENTS

22-636 Scope of division.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling unit for the purposes of living, sleeping, cooking or eating in such unit, that does not comply with the requirements of this division.

(Code 1985, § 14-84)

22-637 Sanitary facilities standards.

The minimum sanitary facilities set out in sections 22-638 through 22-646 shall be supplied and maintained in sanitary, safe working condition.

(Code 1985, § 14-85)

22-638 Bathrooms.

Every dwelling unit shall contain within its walls a bathroom which shall be separate from the habitable rooms, shall afford privacy, and which is equipped with a water closet and a washbasin or lavatory, provided with hot and cold water. The bathroom may be subdivided with a partition or partitions.

(Code 1985, § 14-86)

22-639 Bathtub or shower.

Every dwelling unit shall contain a room which affords privacy to a person in the room and which is equipped with a bathtub or shower.

(Code 1985, § 14-87)

22-640 Kitchen facilities and equipment.

Every dwelling unit shall contain a room or portion of a room in which food may be stored, prepared and/or cooked and consumed and which is equipped with the following:

(1)    A kitchen sink in good working condition which shall be connected to both hot and cold water lines and to an approved water and sewer facility. A lavatory shall not be considered a kitchen sink.

(2)    Cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. The cabinets and/or shelves shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction, finished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food.

(3)    A stove, range or similar appliance for cooking food, properly installed with all necessary connections for safe and efficient operation. Such stove, range or similar appliance need not be installed when the dwelling is not occupied. The use of portable cooking appliances using highly flammable fuels or other similar fuel burning portable appliance for cooking is prohibited.

(4)    A refrigerator or similar appliance for the safe storage of food at a temperature less than 45 degrees Fahrenheit, but more than 32 degrees Fahrenheit, properly installed with all necessary connections for safe, sanitary and efficient operation. Such refrigeration or similar equipment need not be installed when the dwelling is not occupied.

(Code 1985, § 14-88)

22-641 Water and plumbing facilities.

Every kitchen sink, lavatory, bathtub or shower, and water closet required under the provisions of sections 22-637 through 22-640 shall be properly connected to either a public water and sewer system or to an approved private water and sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

(Code 1985, § 14-89)

22-642 Water heating facilities.

Every dwelling shall be supplied with water heating facilities which are properly installed, and provided with all required automatic or safety devices, and when so required are properly vented to an approved chimney or flue, are properly connected to water lines and maintained in a safe and good operating condition. The water heating facility shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. No water heating facility using a solid, gaseous or liquid fuel shall be installed in any room used or designed for sleeping purposes, or in any room or space not properly ventilated.

(Code 1985, § 14-90)

22-643 Heating facilities.

Every dwelling and multifamily dwelling shall have heating facilities. The owner of the heating facilities shall be required to see that they are properly installed, safely maintained, in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 70 degrees Fahrenheit. The temperature shall be recorded at a central area within the room, at a point 18 inches above the floor. The heating facility shall be operated to maintain such temperature or such lesser temperature desired by the occupants when necessary.

(Code 1985, § 14-91)

22-644 Heating facilities and incinerators, operation.

(a)    Every heating or water heating facility shall be installed and operated in accordance with the requirements of the heating and plumbing codes of the city and the laws of the state.

(b)    No unvented or open flame gas-fired space or unit heater, cooking stove or similar device shall be used as a heating facility.

(Code 1985, § 14-92)

22-645 Rubbish storage facilities.

Every dwelling unit shall be supplied with approved containers and covers for storage of rubbish. The owner, operator or agent in control of such dwelling or multifamily dwelling shall be responsible for the removal of such rubbish in accordance with the requirements of chapter 94 of this Code.

(Code 1985, § 14-93)

22-646 Garbage storage or disposal facilities.

Every dwelling or multifamily dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an incinerator unit, to be approved by the building official, in the structure, for the use of the occupants of each dwelling unit, or an approved outside garbage can, in accordance with the requirements of chapter 94 of this Code.

(Code 1985, § 14-94)

22-647 Compliance with installation and maintenance requirements.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, or rooming unit for the purpose of living, sleeping, cooking or eating therein that which does not comply with the requirements of sections 22-648 through 22-653.

(Code 1985, § 14-95)

22-648 Facilities and equipment.

All required equipment and all building space and parts in every dwelling and multifamily dwelling shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the building code.

(Code 1985, § 14-96)

22-649 Clean and sanitary maintenance.

All housing facilities shall be maintained in a clean, sanitary condition by the occupant so as not to breed insects and rodents or produce dangerous or offensive gases or odors.

(Code 1985, § 14-97)

22-650 Plumbing fixtures.

In buildings and structures used for human habitation, the plumbing shall be properly installed, connected and maintained in working order. It shall be kept free from obstruction, leaks and defects, and capable of performing the function for which it is designed. All repairs of installations shall be made in accordance with the provisions of the building code, plumbing code, electrical code and heating code of the city.

(Code 1985, § 14-98)

22-651 Heating equipment.

Every space heating, cooking and water heating unit located in a dwelling or multifamily dwelling shall be properly installed, connected, vented and maintained. It shall be capable of performing the function for which it was designed in accordance with the provisions of the heating code.

(Code 1985, § 14-99)

22-652 Electrical outlets and fixtures.

Every electrical outlet and fixture as required in section 22-666 shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the building code and electrical code of the city.

(Code 1985, § 14-100)

22-653 Defective electrical system; correction.

Where it is found that the electrical system in a building constitutes a hazard to the occupants or the building by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, the defects shall be corrected to eliminate the hazard.

(Code 1985, § 14-101)

22-654 Compliance with occupancy requirements.

No person shall occupy or let to another for occupancy any dwelling unit for the purpose of living in such unit that which does not comply with the requirements of sections 22-655 through 22-672.

(Code 1985, § 14-102)

22-655 Minimum ceiling height.

Habitable rooms shall have a clear ceiling height of not less than 7 1/2 feet, except that in attics or top half-stories the ceiling height shall be not less than seven feet over not less than one-third of the area when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included.

(Code 1985, § 14-103)

22-656 Required space in dwelling unit.

Every dwelling unit shall contain a minimum habitable floor area of 150 square feet for the first occupant and 100 square feet additional space for each additional occupant of such unit.

(Code 1985, § 14-104)

22-657 Required space in sleeping rooms.

No bedroom or room used as a bedroom in any single-family, two-family, or multifamily dwelling shall be so occupied as to provide less than 300 cubic feet of air space per occupant, exclusive of the cubic air space of bathrooms, toilet rooms and closets.

(Code 1985, § 14-105)

22-658 Limited access, dwelling unit to commercial use.

No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor’s or dentist’s examination or treatment room, or similar room for public purposes.

(Code 1985, § 14-106)

22-659 Bath and sleeping rooms; location.

No residential building or dwelling unit containing two or more sleeping rooms shall have such room arrangement that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room. No room arrangement shall be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. No complete or principal bathroom shall be so located that access to the bathroom is solely through a kitchen.

(Code 1985, § 14-107)

22-660 Unrelated occupants.

Not more than one family, plus two occupants unrelated to the family, except for guests or domestic employees, shall occupy a dwelling unit.

(Code 1985, § 14-108)

22-661 Dwelling units below grade; occupancy.

No dwelling unit partially below grade shall be used for living purposes unless:

(1)    Floors and walls are substantially watertight;

(2)    Total window area, total openable area, and ceiling height are in accordance with this housing code;

(3)    The minimum required window area of every habitable room is entirely above the grade of the ground adjoining such window area; and

(4)    No fire, safety or health hazards are found to exist.

(Code 1985, § 14-109)

22-662 Compliance with light and ventilation requirements.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, or rooming unit for the purpose of living in such unit which does not comply with the requirements of sections 22-663 through 22-669.

(Code 1985, § 14-110)

22-663 Natural light in habitable rooms.

(a)    Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room, except in kitchens, where artificial light may be provided in accordance with the provisions of the building code.

(b)    Whenever walls or other portions of a structure face a window of any room, and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors nor to a court, and shall not be included as contributing to the required minimum total window area for the room.

(Code 1985, § 14-111)

22-664 Light in nonhabitable work space.

Every laundry, furnace room, and all similar nonhabitable work spaces located in a dwelling or multifamily dwelling shall have one electric light fixture available at all times.

(Code 1985, § 14-112)

22-665 Light in common halls and stairways.

Every common hall and inside stairway in every dwelling or multifamily dwelling shall be adequately lighted at all times with an illumination of at least five footcandles in the darkest portion at floor level of the normally traveled stairs and passageways.

(Code 1985, § 14-113)

22-666 Electric outlets required.

(a)    Every habitable room of a dwelling or multifamily dwelling shall contain at least two separate and remote outlets, one of which may be a ceiling or wall-type electric light fixture.

(b)    In kitchens, three separate and remote wall-type electric convenience outlets or two such convenience outlets and one ceiling or wall-type electric light fixture shall be provided.

(c)    Every common hall, water closet compartment, bathroom, laundry room, and furnace room shall contain at least one electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one electric outlet.

(Code 1985, § 14-114)

22-667 Adequate ventilation.

Every habitable room shall have at least one window which can be easily opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size required in section 22-663, except where mechanical ventilation is provided in accordance with the standards set by the American Society of Heating, Refrigeration and Air Conditioning Engineers.

(Code 1985, § 14-115)

22-668 Ventilation and light in bathroom and water closet.

Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by sections 22-663 and 22-666, except that no window shall be required in bathroom or water closet compartments equipped with an approved ventilation system.

(Code 1985, § 14-116)

22-669 Minimum fire safety requirements; compliance.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit, lodginghouse, or lodging unit which does not comply with the applicable provisions of the fire prevention sections of the building code and the additional requirements for safety from fire set out in sections 22-670, 22-671 and 22-672.

(Code 1985, § 14-117)

22-670 Flammable liquids, storage prohibited.

No dwelling, multifamily dwelling, dwelling unit or rooming unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids with a flashpoint of 110 degrees Fahrenheit or lower.

(Code 1985, § 14-118)

22-671 Cooking and heating equipment.

All cooking and heating equipment, components and accessories in every heating, cooking and water heating unit shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code or other laws or ordinances of the city applicable thereto. Portable cooking equipment employing flame is prohibited.

(Code 1985, § 14-119)

22-672 Storage space in multiple dwellings.

(a)    Locker room or storage space for the storage of belongings, goods and properties of the occupants of the dwelling which are of combustible material shall be protected and of fire-resistant construction. All dividing partitions shall be of noncombustible material.

(b)    The entire storage area shall be equipped with adequate sprinkler system and so arranged to provide not less than one head for each 100 square feet or fraction thereof. Where space is divided into separate smaller compartments by material other than open mesh screening, there shall not be less than one head for each separate compartment. In lieu of the sprinkler system, an approved and supervised and properly maintained automatic fire alarm system may be provided.

(c)    The entire storage area and passageway leading to such areas shall be adequately lighted. Where space is divided into separate compartments with any material other than open mesh screening, there shall be provided separate electrically illuminated light at the ceiling of each compartment.

(d)    No material shall be piled closer to the ceiling of a storage space than 18 inches.

(Code 1985, § 14-120)

22-67322-700 Reserved.

DIVISION 5. RESPONSIBILITIES OF OWNERS AND OCCUPANTS

22-701 Scope of division.

Owners and occupants of dwellings, multifamily dwellings, and dwelling units, and owners or operators of roominghouses, shall not let or permit to be occupied for the purpose of living, cooking, eating or sleeping any unit that does not comply with the requirements of this division.

(Code 1985, § 14-121)

22-702 Responsibilities of owners.

All owners of dwellings, multifamily dwellings, and dwelling units and owners or operators of roominghouses shall comply with the requirements set out in sections 22-703 through 22-714.

(Code 1985, § 14-122)

22-703 Cleanliness.

Every owner of a dwelling unit shall keep that part of the dwelling unit and premises thereof which he occupies, controls or uses, in a clean and sanitary condition.

(Code 1985, § 14-123)

22-704 Rubbish disposal.

Every owner of a dwelling unit shall dispose of all rubbish in a clean and sanitary manner, in accordance with section 22-645 and chapter 94 of this Code.

(Code 1985, § 14-124)

22-705 Garbage disposal.

Every owner of a dwelling unit shall dispose of his garbage in a clean and sanitary manner by placing it in the garbage disposal facilities as required by section 22-646 and chapter 94 of this Code.

(Code 1985, § 14-125)

22-706 Disposal facilities for multiple dwellings.

Every owner of a dwelling shall provide adequate and proper garbage and refuse storage containers or facilities. If storage containers are used, the owner shall be responsible for the emptying of the containers at least once each week.

(Code 1985, § 14-126)

22-707 Furnished plumbing fixtures; use.

Every owner of a dwelling unit shall keep the furnished plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.

(Code 1985, § 14-127)

22-708 Extermination of insects.

Every owner of a dwelling shall exterminate any insects, rodents or other pests in a single-family dwelling or any dwelling unit if the infestation is caused by his failure to maintain the dwelling or dwelling unit in a reasonably rodentproof and insectproof condition. The owner shall exterminate any insects, rodents or other pests infesting a dwelling which contains two or more dwelling units.

(Code 1985, § 14-128)

22-709 Shared or common areas.

Every owner of a dwelling shall maintain in a clean, sanitary and safe condition the shared or common areas of the dwelling or premises, and maintain and repair any equipment of a type specified in this housing code which he supplies or is required to supply.

(Code 1985, § 14-129)

22-710 Screens in multiple dwellings.

Every owner of a multiple dwelling shall hang and remove all screens which have to be put in place from the outside.

(Code 1985, § 14-130)

22-711 Occupancy of vacant dwelling unit.

No owner or operator of a dwelling shall let or lease to any person for occupancy a vacant dwelling unit unless it is safe, clean and in good repair and fit for human occupancy and complies with all of the applicable provisions of this housing code.

(Code 1985, § 14-131)

22-712 Maintenance responsibilities.

Every owner or operator of a dwelling shall maintain every dwelling and all the parts thereof, including but not limited to plumbing, heating, ventilating and electrical wiring, in good repair. The roof shall be drained and water conveyed therefrom through proper conduits.

(Code 1985, § 14-132)

22-713 Street number addresses required to be placed on dwellings/business buildings.

(a)    It shall be the responsibility of each owner of a dwelling and/or business building to have the street number on such dwelling and/or business building displayed in a conspicuous spot in a neat and secure manner so that it may be seen from the public street on such dwelling and/or business building.

(b)    Failure to comply with subsection (a) of this section shall result in a misdemeanor punishable by 90 days and/or a fine of not less than $50.00 nor greater than $500.00.

(Code 1985, § 14-132.1)

22-714 Supervision required.

In any multiple dwelling housing more than six families in which the owner does not reside, there shall be a responsible occupant designated by the owner who shall be responsible for maintenance or supervision of the dwelling.

(Code 1985, § 14-133)

22-715 Responsibilities of occupants.

All occupants of dwellings, multifamily dwellings, and dwelling units shall comply with the requirements set out in sections 22-716 through 22-722.

(Code 1985, § 14-134)

22-716 Cleanliness.

Every occupant shall keep that part of the dwelling or dwelling unit which he occupies and controls in a clean, sanitary and safe condition.

(Code 1985, § 14-135)

22-717 Rubbish and garbage disposal.

(a)    Every occupant shall dispose of his rubbish and garbage by placing it in the proper container or by otherwise disposing of it as required by sections 22-645, 22-646 and chapter 94 of this Code.

(b)    Occupants of single- and two-family dwellings using storage containers shall furnish the containers and have the garbage containers emptied at least once a week.

(Code 1985, § 14-136)

22-718 Screens.

Every occupant shall hang and remove all screens required for his dwelling unit by this housing code except those the owner is required to hang as provided in section 22-710.

(Code 1985, § 14-137)

22-719 Extermination of insects.

Every occupant shall exterminate any insects, rodents or other pests infesting his dwelling unit unless the owner is required to exterminate them as provided in section 22-612 or section 22-708.

(Code 1985, § 14-138)

22-720 Furnished plumbing fixtures.

Every occupant of a dwelling unit shall keep the furnished plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.

(Code 1985, § 14-139)

22-721 Plumbing appliances, installation and care.

Every plumbing appliance furnished by the occupant of a dwelling unit shall be properly installed and shall be maintained in good working condition, kept clean and sanitary, and free of defects, leaks or obstructions.

(Code 1985, § 14-140)

22-722 Subletting or subleasing.

No occupant shall sublet or sublease any portion of the dwelling or dwelling unit which he occupies in such a manner that this further letting violates any of the provisions of this housing code, or any other code or ordinance of the city containing requirements for dwellings.

(Code 1985, § 14-141)

22-72322-760 Reserved.

DIVISION 6. STATE REGULATIONS

22-761 State housing law adopted.

Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended, known as the state housing law, including all amendments thereto, is adopted by reference and shall be effective in the city in the same manner as if set out fully in this division.

(Code 1985, § 14-156; Ord. No. 2246, § 1, 1-26-12)

22-762 Additions to state housing law.

In addition to the requirements of the state housing law adopted by reference in this division, the following items and standards shall be required:

(1)    Bathrooms. In every dwelling existing prior to August 21, 1959, there shall be provided at least one water closet, lavatory and bathtub or shower for every two dwelling units (apartments). A separate bathroom containing a water closet, lavatory, bathtub or shower shall be provided within every dwelling unit that has a total floor area of 240 square feet or more or is composed of three or more habitable rooms.

a.    In all rooming houses, boardinghouses or lodging houses, hotels and similarly occupied dwellings, there shall be provided at least one water closet, lavatory and bathtub or shower for every ten occupants or fraction thereof.

b.    No required bathroom or toilet facilities shall be permitted in the cellar of any dwelling.

(2)    Water and space heating facilities.

a.    In all dwellings, except owner-occupied single-family dwellings, there shall be provided and properly maintained a water heating facility capable of heating water to a temperature of at least 110 degrees Fahrenheit. All required kitchen sinks, lavatories and bathtubs or showers shall be properly supplied with hot water in accordance with the plumbing code of the state.

b.    Every dwelling shall have heating facilities that are properly installed, are maintained in a safe and good working condition, and are capable of heating all habitable rooms and bathrooms or water closet compartments to a temperature of at least 70 degrees Fahrenheit when the outdoor temperature is minus ten degrees Fahrenheit.

(3)    Electrical wiring. All dwellings shall be supplied with electricity. All installation of electrical wiring shall be done in accordance with section 22-61 et seq.

(4)    Upon registration, the owner shall provide his Social Security or taxpayer identification number, state identification number, and name(s) of tenant(s). If managed or operated by an agent, then the agent shall provide his Social Security or taxpayer identification number, and state identification number. A fee shall be paid upon registration.

(Code 1985, § 14-157; Ord. No. 2246, § 1, 1-26-12)

22-763 Inspection intervals; access to leaseholds.

(a)    Inspections for all multiple dwellings and rooming houses regulated by this division shall be conducted at least once every three years, if there has not been a change in ownership during the three-year period. Each dwelling unit shall be inspected.

(b)    If the most recent inspection of the premises found no violations of the act and the multiple dwelling or rooming house has not changed ownership during the previous six years, the maximum period between inspections shall be six years.

(c)    The owner of a leasehold shall:

1.    Provide the Department of Building Safety access to the leasehold if the lease provides the owner a right of entry.

2.    Provide access to areas other than a leasehold or areas open to public view, or both.

3.    Notify a tenant of the Department of Building Safety’s request to inspect a leasehold, make a good faith effort to obtain permission for an inspection, and arrange for the inspection. If a tenant vacates a leasehold after the Department of Building Safety has requested to inspect that leasehold, the owner of the leasehold shall notify the Department of Building Safety of that fact within 10 days after the leasehold is vacated.

4.    Provide access to the leasehold if a tenant of that leasehold has made a complaint to the Department of Building Safety.

(Code 1985, § 14-158; Ord. No. 2246, § 1, 1-26-12)

22-764 Certificate of compliance; display, inspection of multiple dwellings; change of occupancy; fees.

(a)    The fee for a certificate of compliance for a multiple dwelling as provided for in the state housing law, sections 129, 130 and 131 of Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended, shall be recommended by the Finance Director and Department of Building Safety and established by resolution of the City Council upon adoption of the annual budget and may be amended from time to time by resolution of the City Council and shall be payable at the time application is made. The owner or property manager shall not be liable for an inspection fee if the inspection is not performed and the Department of Building Safety is the direct cause of the failure to perform.

(b)    It shall be required, and the responsibility of the owner, to post and maintain in a conspicuous location, one copy of the certificate of compliance, either temporary or permanent, as they are issued, at the premises for which they have been issued. The enforcing officer of this housing code shall prepare such certificate, and the certificate shall be valid for a period not to exceed three years from date of issuance thereof.

(c)    In addition to the inspection requirements provided for in the state housing law, an inspection shall also be required prior to any change of occupancy of multiple dwelling units after having once been occupied. Units in multiple dwellings or rooming houses should not be occupied or reoccupied after having been vacated unless inspected by the Department of Building Safety, except in cases where a temporary certificate of compliance may be issued. Owners of multiple dwellings shall notify the Department of Building Safety prior to a change in occupancy so that the unit or units may be inspected. The owner or agent of a dwelling unit reoccupied after June 30, 2012, and before the issuance of a certificate of compliance shall be guilty of a municipal civil infraction subject to a fine of five hundred dollars ($500.00); each day shall be considered a separate offense.

(d)    Upon recommendation of the Finance Director and Department of Building Safety, the city council shall be authorized to establish by resolution a fee schedule for inspections conducted pursuant to this article and Act No. 286 of the Public Acts of Michigan of 1968 (MCL 125.402a, MSA 5.2772(1)), as authorized by section 126 of the Act upon adoption of the annual budget and may amend such fee as may be required by resolution of the city council. The fee shall be payable at the same time as and in addition to the fee for a certificate of compliance.

(e)    No certificate of compliance shall be issued for any property unless all property taxes and water and sewer bills associated with the parcel in question are current and that the owner complies with the provisions of the Pontiac Income Tax Ordinance.

(f)    A tenant may request inspection of a dwelling unit upon payment of the inspection fee.

(g)    Owner or agent shall schedule the inspection at least sixty (60) days before the expiration date of a certificate of compliance, or sooner. Failure to schedule an inspection shall result in the immediate suspension of a certificate of compliance and penalties described in the Code of Ordinances and the assessment of a twenty-five dollar ($25.00) late fee per unit per month for any inspection that is scheduled late under this ordinance after June 30, 2012. Any request to reschedule an inspection shall result in a rescheduling fee.

(h)    Fees for certificates of compliance, temporary certificates, rescheduling fees, related inspections, appeals, and any other fee required by this division shall be recommended by the Finance Director and the Department of Building Safety and established by resolution of the City Council upon adoption of the annual budget and may be amended by resolution of the City Council from time to time. Fees shall be payable at the time of registration or request for inspection.

(i)    Property owners shall also be responsible for any unpaid fees invoiced within the previous 365 days. After June 30, 2012, any invoice that is paid after its due date shall be assessed a twenty-five dollar ($25.00) late fee per rental unit per month until paid.

(j)    There shall be no refunds for any fees paid unless the service is not provided because of the fault of the Department of Building Safety.

(k)    Effective January 1, 2013, the Department of Building Safety may charge one information verification fee during a calendar year to verify information obtained during the registry of owners and premises, including names of tenants, obtained in a previous calendar year. If such verification fee is assessed, the City Council shall by December 1 of the prior calendar year, upon the recommendation of the Finance Director and the Department of Building Safety, establish the fee. The fee shall be in effect for the entire calendar year and shall expire on the last day of the calendar year. Any unpaid verification fee shall be assessed a one-time twenty-five dollar ($25.00) late fee after its due date.

(l)    Any certificate of compliance issued by the Department of Building Safety after September 1, 2011, with an expiration date less than one year from the date of issuance shall be deemed to expire three years after the date of issuance. The Department of Building Safety shall correct all records to reflect this change.

(Code 1985, § 14-159; Ord. No. 2246, § 1, 1-26-12; Ord. 2256, § 1, 4-17-12)

22-765 Escrow account.

A bank account shall be established by the city treasurer, with the assistance of the finance director, to serve as escrow account for any rents payable to the city under the provisions of section 130 of Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401, MSA 5.2771), as amended.

(Code 1985, § 14-160; Ord. No. 2246, § 1, 1-26-12)

22-766 Hearing officer.

The mayor shall appoint a hearing officer as provided in section 140 of Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended, and the hearing officer shall serve at the pleasure of the mayor. The hearing officer shall be a person who has expertise in housing matters including, but not limited to, an engineer, architect, building contractor, building inspector, or member of a community housing agency. An employee of the City shall not be appointed as hearing officer. The hearing officer shall perform the functions and duties in regard to dangerous buildings set forth in sections 137 through 143 of Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended.

(Code 1985, § 14-161; Ord. No. 2246, § 1, 1-26-12)

22-767 Enforcement provisions.

The enforcing officer for Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended, shall be the Building Code Official or his designee. The enforcing agency for the act shall be the Department of Building Safety and all employees and such other persons or companies under contract with the City of Pontiac to perform such services.

(Code 1985, § 14-162; Ord. No. 2246, § 1, 1-26-12)

22-768 Violations.

Any violation of the provisions of Act No. 167 of the Public Acts of Michigan of 1917 (MCL 125.401 et seq., MSA 5.2771 et seq.), as amended, being sections 1 to 119 inclusive, shall constitute a violation of this article. The enforcing officer may request the assistance of the law department to bring criminal proceedings for such violations, or may request the assistance of the law department to bring civil actions to require compliance with this article.

(Code 1985, § 14-163; Ord. No. 2246, § 1, 1-26-12)

22-769 Conflict with city ordinance.

All ordinances or parts of ordinances in conflict with this division are repealed. The provisions of this division and the remedies adopted are intended to be supplementary to, and not to repeal or replace, the other provisions of this article. All of the provisions of this article and remedies provided in this article shall remain in effect.

(Code 1985, § 14-164; Ord. No. 2246, § 1, 1-26-12)

22-77022-800 Reserved.

DIVISION 7. INSPECTIONS OF ONE- AND TWO-FAMILY DWELLINGS

22-801 Registry of owners and premises.

(a)    A registry of owners and premises shall be maintained by the Department of Building Safety.

(b)    The owners of one- and two-family dwellings which are occupied by persons other than the owner, which may be evidenced by the homestead declaration on the property being less than 100 percent and a dwelling unit not occupied by the titled owner of the property, or a one- or two-family dwelling for which an owner is offering to others for purposes of occupancy through rental or lease agreements, or by other mutually acceptable agreements leading to occupancy including land contracts, shall register their names, places of residence or usual places of business, Social Security or taxpayer identification number, state identification number, name(s) of the tenant(s), and the location of the premises regulated by this division with the Department of Building Safety. If the premises are managed or operated by an agent, the agent’s name, place of business, Social Security or taxpayer identification number, and state identification number shall also be provided. The owners shall register by June 30, 2012, after the enactment of this division, without additional penalty. Within 60 days after change of ownership or change of agent, the new owner or agent shall reregister with the Department of Building Safety in the same manner as previously set forth. The Department of Building Safety may require information in addition to the information required by this division for purposes of registration. A fee shall be paid upon registration. Such registration shall be valid until changed. Late registration fees paid after their due date shall be assessed a $25.00 late fee per rental unit per month until paid.

(c)    A property that has a land contract recorded with the Oakland County Register of Deeds that names the occupant of the dwelling unit shall be exempt from the requirements of this division.

(Code 1985, § 14-165; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2255, § 1, 4-17-12; Ord. No. 2345, 6-15-17)

22-802 Fees.

(a)    Fees for registration, certificates of compliance, temporary certificates, rescheduling fees, related inspections, appeals, and any other fee required by this division shall be recommended by the Finance Director and the Department of Building Safety and established by resolution of the City Council upon adoption of the annual budget and may be amended by resolution of the City Council from time to time. Fees shall be payable at time of registration or request for inspection.

(b)    Owners of one- and two-family dwellings which are occupied by a family member of the owner shall not be charged any of the fees enumerated in subsection (a) of this section, except that all owners shall be responsible for paying the inspection fees. For the purposes of this subsection, a family member is any individual related by blood or marriage, which relationship is of a permanent and distinct domestic character and shall be limited to mother, father, grandparent, mother-in-law, father-in-law, brother, sister, son, daughter, son-in-law, daughter-in-law, or any other adoptive dependent. Evidence of relationship may be proven at the time of registration by birth certificate, marriage certificate, record of adoption, tax returns showing dependent status, or any other documents that may be required by the Department of Building Safety.

(c)    Property owners shall also be responsible for any unpaid fees invoiced within the previous 365 days. After June 30, 2012, any invoice that is paid after its due date shall be assessed a $25.00 late fee per rental unit per month until paid.

(d)    There shall be no refunds for any fees paid unless the service is not provided because of the fault of the Department of Building Safety.

(e)    Effective January 1, 2013, the Department of Building Safety may charge one information verification fee during a calendar year to verify information obtained during the registry of owners and premises, including names of tenants, obtained in a previous calendar year. If such verification fee is assessed, the City Council shall by December 1 of the prior calendar year, upon the recommendation of the Finance Director and the Department of Building Safety, establish the fee. The fee shall be in effect for the entire calendar year and shall expire on the last day of the calendar year. Any unpaid verification fee shall be assessed a one-time, $25.00 late fee after its due date.

(Code 1985, § 14-166; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2255, § 1, 4-17-12; Ord. No. 2345, 6-15-17)

22-803 Inspections required.

(a)    The Department of Building Safety shall cause periodic inspections to be made of dwellings regulated by this division. In no event shall the period between the inspections exceed three years, except that the period shall be five years for owners of property who qualify for the fee waiver in section 22-802(b). This section does not limit the requirement in subsection (b) of this section to have the property reinspected upon change in occupancy.

(b)    In addition to the periodic inspections required by subsection (a) of this section, inspections shall also be required prior to any change in occupancy of a dwelling unit after having once been occupied. It shall be the duty of the owner or agent of such dwelling units to notify the Department of Building Safety prior to the reoccupancy of a vacated one- or two-family dwelling unit. No dwellings subject to this division may be reoccupied until inspected pursuant to this section, except as provided in section 22-806(h). The owner or agent of a dwelling unit reoccupied after June 30, 2012, and before the issuance of a certificate of compliance shall be guilty of a municipal civil infraction subject to a fine of $500.00; each day shall be considered a separate offense.

(c)    Inspections shall be conducted in a manner calculated to secure compliance with applicable City ordinances and regulations appropriate to the needs of the community.

(d)    An inspector or team of inspectors may request permission to enter all premises regulated by this division at reasonable hours to undertake an inspection. Upon an emergency, an inspector or team of inspectors shall have the right to enter at any time.

(e)    Owner or the agent shall schedule the inspection at least 60 days before the expiration date of a certificate of compliance, or sooner. Failure to schedule an inspection shall result in the immediate suspension of a certificate of compliance and penalties as described in section 22-807(f) and the assessment of a $25.00 late fee per unit per month for any inspection that is scheduled late under this division after June 30, 2012. No inspection shall be made unless the appropriate fee has been paid. Any request to reschedule an inspection shall result in a rescheduling fee.

(f)    A tenant may request inspection of the dwelling unit upon payment of the inspection fee.

(Code 1985, § 14-167; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2255, § 1, 4-17-12; Ord. No. 2345, 6-15-17)

22-804 Inspection warrants.

(a)    In a nonemergency situation where admission to premises to be inspected under the provisions of this division is refused by the occupant or person in charge thereof, the Department of Building Safety shall apply to a court of competent jurisdiction for a warrant to inspect the premises. The warrant shall state the address of the building to be inspected, the nature of the inspection, and the reasons for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection established in this division, or as set forth in other applicable law. The warrant shall also state that it is issued pursuant to this division, and the purpose for which it is issued.

(b)    In the event of an emergency, no inspection warrant shall be required.

(Code 1985, § 14-168; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2345, 6-15-17)

22-805 Inspection policy and recordkeeping.

(a)    It is the policy of the City that the inspection procedures set forth in this division are established in the public interest to secure the health and safety of the occupants of dwellings and of the general public.

(b)    The current edition of the International Property Maintenance Code along with any subsequent amendments or supplements with technical amendments approved and recommended by the International Code Council is hereby adopted by reference to establish the minimum conditions of the dwelling unit and the maintenance of the structure in general.

(c)    The Department of Building Safety shall keep records of all inspections and matters related to the procedures set forth in this division in accordance with the record retention schedule adopted by the City Council.

(Code 1985, § 14-169; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2345, 6-15-17)

22-806 Certificate of compliance.

(a)    An owner or agent shall apply for a certificate of compliance. Inspection and issuance of certificates shall be in accordance with the requirements of this division and with rules and procedures established by the Building Code Official.

(b)    An application for a certificate of compliance shall be made when the owner enrolls in the registry of owners and premises. If the owner fails to register within the time required, any occupant of unregistered or uncertified premises may make application.

(c)    Single- and two-family dwellings regulated by this division shall not be occupied unless a certificate of compliance has been issued by the Department of Building Safety. The certificates shall be issued only upon prior inspection of the premises, except as provided in subsection (h) of this section. The certificate shall be issued within 15 days if the dwelling is entitled thereto at the date of inspection.

(d)    Inspections shall be made prior to first occupancy of single- and two-family dwellings regulated by this division when the construction or alteration is completed.

(e)    Upon finding that there is no condition that would constitute a hazard to the health and safety of the occupants, and the premises are otherwise fit for occupancy, the certificate of compliance shall be issued. If the finding is of a condition that would constitute a hazard to health or safety, no certificate shall be issued, and an order to comply with this division shall be issued immediately and served upon the owner in accordance with section 22-807. On reinspection and proof of compliance, the order shall be rescinded, and a certificate issued.

(f)    When a certificate of compliance is withheld pending compliance, no premises that have not been occupied for dwelling purposes shall be so occupied, and those premises that have been or are occupied may be ordered vacated until reinspection and proof of compliance have been established by the Department of Building Safety.

(g)    A certificate of compliance shall be issued on condition that the premises remain in safe, healthful, and fit condition for occupancy. If upon reinspection the Department of Building Safety determines that conditions exist that constitute a hazard to health or safety, the certificate may be immediately suspended, a notice shall be served upon the owner to comply with this division, and the areas may be vacated as provided in subsection (f) of this section.

(h)    The Department of Building Safety may authorize the issuance of a temporary certificate without inspection for those premises in which there are no violations of record and shall issue such temporary certificates upon application in cases where inspections are not made within a reasonable time. Temporary certificates may also be issued for premises with violations of record when the owner can show proof of having undertaken to correct such conditions.

(i)    A violation of this division shall not prevent the issuance of a certificate of compliance, but the Department of Building Safety shall not issue a certificate when the existing conditions constitute a hazard to the health or safety of those who may occupy the premises.

(j)    It shall be required, and the responsibility of the owner, to maintain and post on the inside of the main entrance to the dwelling unit one copy of the certificate of compliance, either temporary or permanent, as such certificates are issued, at the premises for which they have been issued.

(k)    No certificate of compliance shall be issued for any property unless all property taxes and water and sewer bills associated with the parcel in question are current and that the owner is in compliance with the provisions of the Pontiac Income Tax Ordinance.

(l)    Any certificate of compliance issued by the Department of Building Safety after September 1, 2011, with an expiration date less than one year from the date of issuance, shall be deemed to expire three years after the date of issuance. The Department of Building Safety shall correct all records to reflect this change.

(m)    It shall be unlawful for an owner to allow any unoccupied rental property to be occupied, or to collect rent from a tenant for occupancy of a rental property, during or for any time in which there is not a valid certificate of compliance for the rental property and/or the property is not registered as a rental property with the City of Pontiac. This subsection does not apply to a tenant where the owner established that the conditions which constitute a hazard to health or safety were caused by that same tenant.

(n)    Tenants of an occupied rental property that lacks a certificate of compliance and/or has not registered with the City of Pontiac as a rental property shall pay the rent that would otherwise have been due into an escrow account with the City of Pontiac under section 22-765. This subsection does not apply to a tenant where the owner established that the conditions which constitute a hazard to health or safety were caused by that same tenant.

If the owner of the rental property obtains a certificate of compliance and/or registers the property as a rental property with the City of Pontiac within the first 30 days in which payments are made into the escrow account, the rent in the escrow account shall be paid to the owner, prorated based on a 30-day calendar, less the actual administrative fees charged by the City of Pontiac and third-party financial institution. If the owner fails to obtain a certificate of compliance and/or properly register the rental property within those first 30 days, the rent in the escrow account shall be paid, at the end of those 30 days, to the tenant and the administrative fees shall be paid by the owner.

Thereafter, the tenant shall continue paying rent into the escrow account until the owner obtains a certificate of compliance and/or properly registers the rental property with the City of Pontiac. At the end of every 30 days in which the owner fails to obtain a certificate of compliance and/or properly register the rental property, the rent in the escrow account shall be paid to the tenant, and the administrative fees shall be paid by the owner. If the owner of the rental property obtains a certificate of compliance and/or registers the rental property, the rent accrued in the escrow account shall be paid to the owner, prorated based on a 30-day calendar, less the actual administrative fees charged by the City of Pontiac and third-party financial institution.

(o)    The administrative fee is a monthly fee that will be accrued every month the escrow account remains open. The amount of that fee shall be established by the Building Department. If the rent held in escrow is being paid to the owner, the administrative fees will be deducted at that time. However, if the administrative fees are greater than the amount held in escrow, the remaining balance will be levied as a fine against the owner. If rent held in escrow is being paid to the tenant, all administrative fees will be levied as a fine against the owner. All costs in connection with this section, including administrative fees, shall be a lien upon the land and all the costs of such fees remaining unpaid each year, pursuant to provisions contained in the Charter of the City, shall be collected in the same manner that other special assessments are collected under the Charter.

(p)    When the certificate of compliance and/or registration of rental property has been suspended, or has not been issued, and the rents thereafter withheld are not paid into the escrow account, actions for rent and for possession of the premises for nonpayment of rent may be maintained, subject to such defenses as the tenant or occupant may have upon the lease or contract.

(q)    If the tenant terminates his or her tenancy or right to occupy prior to the owner’s undertaking to repair or if an order to vacate is issued, the tenant shall be returned any unexpired part of the rent paid in escrow and the administrative fees shall be paid by the owner pursuant to subsection (o) of this section.

(r)    Nothing in this article shall be construed to permit eviction of an existing tenant from a rental property or to deprive existing tenants of their rights to possession of a rental property under the laws of this state and this code, and such existing tenants shall have a right under this code to retain possession of a rental property notwithstanding an owner’s inability to collect rent from such tenants pursuant to this section. An owner may not use eviction as a form of retaliation.

(s)    Subsection (m) of this section shall not be construed to penalize the tenant or occupant of a rental property for occupancy of a rental property that does not have a valid certificate of compliance.

(t)    An owner shall not retaliate in any way, including but not limited to using eviction against a tenant and/or increasing rental rates, for a tenant exercising their rights under this section. If a court rules that an owner has retaliated against a tenant, the court shall award that tenant all fines and costs, including attorney fees incurred by the tenant in bringing or defending against any associated court proceedings. The court shall award any actual damages incurred by the tenant or alternatively at the discretion of the court, liquidated damages treble the amount of the monthly rent payment the tenant is or had been paying to the owner.

(Code 1985, § 14-170; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2255, § 1, 4-17-12; Ord. No. 2345, 6-15-17; Ord. No. 2421, 8-1-23)

22-807 Violations.

(a)    If, upon inspection, the premises or any part thereof are found to be in violation of any provision of any code or ordinance of the city, the violation shall be recorded by the Department of Building Safety in the applicable owner and premises files.

(b)    The owner, and at the discretion of the Department of Building Safety, the occupants, shall be notified in writing of the existence of the violation. The notice shall state the date of the inspection, the name of the inspector, the specific details of the violation, and the time within which the correction shall be completed.

(c)    A violation that is determined by the inspector to constitute a hazard to the health or safety of the occupants, under circumstances where the premises cannot be vacated, shall be ordered corrected within the shortest reasonable time. All other violations shall be corrected within a reasonable time as determined by the Department of Building Safety.

(d)    The Department of Building Safety shall reinspect after a reasonable time for ascertaining whether the violations have been corrected. There shall be an additional fee charged and paid before each reinspection.

(e)    The Department of Building Safety shall attempt to ascertain those circumstances where the occupant or occupants shall be responsible for the correction of violations. In instances where disputes arise as to responsibility for violations and corrections, the owner of the premises shall be held to be responsible for corrective action, unless the owner establishes that the occupant or occupants are responsible.

(f)    Violation of any provisions of this division shall be deemed a municipal civil infraction, punishable by a fine of not less than $100.00, or more than $500.00; plus any costs, damages, expenses, and other sanctions. This division is further subject to the repeat offender provision of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this division. As used in this division, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement of provision (1) committed by a person and (2) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense, which is a first repeat offense, shall be no less than $300.00, plus costs.

(2)    The fine for any offense, which is a second repeat offense or any subsequent repeat offense, shall be $500.00, plus costs.

(g)    If any owner who receives a fee waiver pursuant to section 22-802(b) is found to have presented false or fraudulent information in order to obtain the fee waiver, or if the occupant of the dwelling is found not to be a family member of the owner, as defined in section 22-802(b), the owner of the property shall be guilty of a civil infraction, punishable by a fine of not less than $500.00. Any property owner found to have violated this section shall not be eligible for any fee waiver at any property owned within the City.

Further, each day on which any violation of this division 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 division.

(Code 1985, § 14-171; Ord. No. 2086, § 1, 10-22-98; Ord. No. 2247, § 1, 1-26-12; Ord. No. 2345, 6-15-17)

22-807.1 Appeals.

(a)    If, upon inspection, the premises or any part thereof is found to be in violation of any provision of the International Property Maintenance Code and the Department of Building Safety has declined to issue a certificate of compliance, the property owner has the right to appeal the decision of the Department of Building Safety to the Board of Appeals established by the City under the Housing Law of Michigan upon petition and payment of the appeal fee.

(b)    An owner aggrieved by a final decision or order of the Board of Appeals may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days of the date of the decision.

(Ord. No. 2247, § 1, 1-26-12; Ord. No. 2345, 6-15-17)

DIVISION 8. BOARD OF APPEALS

22-808 Created; purpose.

There is hereby created a board of appeals to hear appeals and to hear all of the cases and carry out all of the duties of the city council described in section 141(3) and (4) of the Housing Law of Michigan, Act 167 of 1917.

(Ord. No. 2239, § 1, 1-13-12)

22-809 Composition; qualifications.

The board of appeals shall be appointed by the city council and shall consist of the following members:

a.    A building contractor.

b.    A registered architect or engineer.

c.    Two members of the general public.

d.    An individual registered as a building official, plan reviewer, or inspector under the building officials and inspectors registration act, Act No. 54 of the Public Acts of 1986, being sections 338.2301 to 338.2313 of the Michigan Compiled Laws. The individual may be an employee of the city.

(Ord. No. 2239, § 1, 1-13-12)

22-810 Terms.

Board of appeals members shall be appointed for 3 years, except that of the members first appointed, two members shall serve for 1 year, two members shall serve for 2 years, and one member shall serve for 3 years. A vacancy created other than by expiration of a term shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member may be appointed for additional terms.

(Ord. No. 2239, § 1, 1-13-12)

22-811 Officers.

The board of appeals shall elect a chairperson, vice-chairperson, and other officers that the board considers necessary.

(Ord. No. 2239, § 1, 1-13-12)

22-812 Quorum.

A majority of the board of appeals members appointed and serving constitutes a quorum. Final action of the board of appeals shall be only by affirmative vote of a majority of the board members appointed and serving.

(Ord. No. 2239, § 1, 1-13-12)

22-813 Compensation.

The city council shall fix the amount of any per diem compensation provided to the members of the board of appeals. Expenses of the board of appeals incurred in the performance of official duties may be reimbursed as provided by law for employees of the city.

(Ord. No. 2239, § 1, 1-13-12)

22-814 Open meetings.

A meeting of the board of appeals shall be held pursuant to the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. 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.

(Ord. No. 2239, § 1, 1-13-12)

22-815 Records to be public.

A 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 pursuant to the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

(Ord. No. 2239, § 1, 1-13-12)

22-816 Appeal to Circuit Court.

An owner aggrieved by a final decision or order of the board of appeals may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days of the date of the decision.

(Ord. No. 2239, § 1, 1-13-12)

22-817 Application; fees.

Any person shall have the right to appeal a decision of the hearing officer to the board of appeals. The application shall be filed on a form obtained from building official. 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. 2239, § 1, 1-13-12)

22-818, 22-819 Reserved.

DIVISION 9. PRE-SALE HOUSING INSPECTION

22-820 Pre-sale housing inspection required in neighborhood enterprise zone.

Before a structure containing a dwelling unit in an established neighborhood enterprise zone shall be sold, the owner of said structure shall pay the appropriate inspection fees established from time to time by resolution of the City Council and apply for, obtain, and pass a property maintenance inspection. Such inspection shall follow the same standards as used by the City in the inspection of a rental dwelling. Upon passage of the inspection, the Director of Community Development or his designee shall issue the appropriate certificate of compliance. Any owner aggrieved by the results of such inspection may, upon paying the appropriate fee established from time to time by resolution of the City Council, request a hearing before the Board of Appeals, the decision of which shall be final.

(Ord. No. 2308, § 1(e), 8-12-13)

22-82122-850 Reserved.


1

Editor’s note—Ord. No. 2303, § 1, amended subdiv. IV in its entirety to read as herein set out. Formerly, subdiv. IV pertained to similar subject matter and derived from §§ 14-31—14-40 of the 1985 Code.