ARTICLE XXV. TRANSIENT HOUSING1

DIVISION 1. IN GENERAL

26-1311 Scope of article.

The provisions of this article shall apply to all structures utilized exclusively or in part for transient housing. Every portion of a building or premises used or intended to be used for transient housing purposes, shall comply with the provisions of this article, irrespective of when such building was constructed, altered or repaired, except as provided in this article.

(Ord. No. 2080, § 1, 7-23-98)

26-1312 Purpose of article.

The existence of fire hazards, inadequate equipment or maintenance, inadequate provision for light and air, lack of proper heating, unsanitary conditions and overcrowding of transient housing facilities, constitute a menace to the safety, health or welfare of their occupants and/or the general public. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of minimum transient housing standards 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 transient housing facilities located in the city;

(2)    Fixing the responsibilities of owners, operators, and occupants of transient housing facilities located in the city;

(3)    Requiring all transient housing facilities included in this ordinance to obtain a certificate of compliance; and

(4)    Providing for administration, enforcement and penalties.

(Ord. No. 2080, § 1, 7-23-98)

26-1313 Rules of construction.

(a)    Where terms are not defined in the Transient Housing Code, they shall have the meanings prescribed to them as in the Housing or Building Code or zoning ordinance as adopted and amended by the city.

(b)    Where terms are not defined under the provisions of this article or under the provisions of the Housing or Building Code or zoning ordinance, they shall have prescribed to them their ordinarily accepted meanings as their context in this article may imply.

(c)    Terms used in this article shall be construed as though they were followed by the words “or any part thereof.”

(Ord. No. 2080, § 1, 7-23-98)

26-1314 Enforcement.

The provisions of this article shall be enforced by the administrator of the building and safety engineering division and his duly authorized representatives. They shall be authorized to enter, during normal business hours, for purposes of enforcement of this article, any building or premises for which a certificate of compliance is required or for which a certificate of compliance has been applied. A certificate of compliance can be denied, revoked or suspended if entry to the building where the certificate of compliance will be in effect, is refused during normal business hours.

(Ord. No. 2080, § 1, 7-23-98)

26-1315 Emergency order; vacation; compliance.

(a)    Whenever the administrator of the building and safety engineering division finds that an emergency exists where a violation of this article creates an imminent peril to the health or safety of the occupants of any transient housing facility, 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/or safety of the residents, the administrator of the building and safety engineering division 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 provisions of this article, an emergency or remedial order shall be effective immediately and complied with in the time and manner prescribed in such order.

(Ord. No. 2080, § 1, 7-23-98)

26-1316 Provision complementary and supplemental.

The provisions of this article, together with other relevant provisions of any other chapter or section of this Code, or the provisions authorized or required by state law, and any and all provisions thereof relative to the licenses, permits, registrations, businesses, trades, occupations, premises or anything connected therewith shall be construed to be complementary and supplemental to each other so far as relevant, and unless otherwise prescribed or inconsistent herewith, shall constitute a part of the regulations and conditions applicable generally to any particular certificate of compliance in the same manner as though these provisions were fully written into each separate article, division or section.

(Ord. No. 2080, § 1, 7-23-98)

26-1317 Definitions.

(a)    For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

Adult foster care facility (AFC), as described by Public Act 218 of 1979, as amended, means a governmental or nongovernmental establishment licensed by the state to provide foster care to adults. Subject to section 26a (1), adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who required supervision on an ongoing basis but who do not require continuous nursing care.

Adult foster care family home means a private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The AFC family home licensee shall be a member of the household, and an occupant of the residence.

Adult foster care small group home means an AFC facility other than a AFC family home, with approved capacity to receive six or fewer adults to be provided foster care.

Boarding or rooming house, means dormitory, lodging house or tourist house means any building occupied in such a manner that certain rooms are occupied by three or more persons for sleeping and living purposes, and with or without exclusive bathroom facilities, but without exclusive cooking or kitchen accommodations.

Certificate of compliance means a certificate issued by the city’s building and safety engineering division, indicating that transient or rental housing is in compliance with all of the applicable provisions of this Code and with other codes and ordinances of the city.

Convalescence home or nursing home means a temporary or permanent dwelling unit or building for gradual return to health after illness or impairment; a private hospital for the care of the aged or chronically ill; a home for the care of children or the aged or infirm, or place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Said home shall conform and qualify for license under state law, as well as with all applicable provisions of the codes and ordinances of the city, as amended.

Dormitory. See “boarding house.”

Family means an individual or two or more persons related by blood, marriage or adoption, together with not more than two other persons, or group of not more than five persons who need not be related by blood or marriage, living together in one house under one head, whose relationship is of a permanent and distinct domestic character, as a single housekeeping unit.

Halfway house means a state funded and/or licensed facility where people who have left an institution, such as a hospital or correctional institution are helped to readjust to the outside world, prior to their full release from supervision.

Housing Code means chapter 22, article VI, sections 22-411 through section 22-850 of this Code.

Independent living facility means a facility for persons preparing to end their stay in a supervised living arrangement, such as three-quarter or halfway housing facility.

Landlord means an owner, lessor, or sublessor of the rental dwelling unit or transient housing facility, or the property of which it is a part and, in addition, means a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent or any part thereof, other than a bona fide purchaser, and who has no obligation to deliver the whole of such receipts to another person, as defined in the Landlord and Tenant Relationships Act 348 of 1972, as amended.

Nursing home. See “convalescence home or nursing home.”

Occupant means any person, including owner or operator, living and/or sleeping in the transient housing facility or dwelling unit.

Operator means any person who has charge, care or control of a multiple-family dwelling or transient housing facility in which dwelling units or rooming units are let or offered for occupancy.

Owner means the person owning the premises or lesser estate therein, a mortage or vendee in possession, assignee or rents, receiver, executor, trustee, lessee or other person or entity in control of a building or their duly authorized agents; the last person listed on the latest local tax assessor’s roll.

Rehabilitation center mean a temporary, transitional or permanent dwelling unit or transient housing facility with a program to restore a handicapped person (for example) to useful life through education and therapy.

Rooming house. See “boarding house.”

Rooming unit means any room or group of rooms used or intended to be used for living and sleeping purposes, and with or without exclusive bathroom facilities, but without exclusive cooking or kitchen accommodations.

Single room occupancy (SRO) means a unit for occupancy by a single individual capable of independent living, which contains food preparation and sanitary facilities. For purposes of this ordinance, in any SRO situation the landlord provides a key to the room so that the resident can come and go as they please. While not a transient housing facility by definition, a certificate of compliance is required for rental dwellings, including SROs, by the Housing Code at section 22-764 for multiple family housing configurations and section 22-806 for one or two family housing configurations.

Sleeping unit. See “rooming unit.”

Three-quarter house means a facility not funded or licensed by the state, where people who may have left an institution such as a hospital or correctional institution, are helped to readjust to the outside world.

Transient housing means any building or structure kept, used or maintained as, or held out to the public to be an inn, hotel, motel, bed and breakfast, dormitory, convalescence or nursing home, boarding or rooming house, rooming unit, lodging or tourist house, or the various forms of transitional housing, where rooms are occupied by persons for sleeping and living purposes, and with or without exclusive bathroom facilities, but without exclusive cooking or kitchen facilities.

Transitional housing is a type of transient housing such as adult foster care facility, child foster care, group home, halfway house, three-quarter house, residential substance abuse facility, residential correctional facility, independent living facility both subsidized and non-subsidized or place regardless of designation where a person may enter into a contract for living arrangements, whether or not through a referral agency. Residents may or may not have an individual room, or may or may not have keys to the facility. Residents may participate in the chores or other activities as a condition of their living in the facility. Daily activities, chores, appointments, medications, meals and such may be coordinated by staff for residents. In many cases there is a staff person present in the facility, although their presence may not be on a 24 hour basis.

(Ord. No. 2080, § 1, 7-23-98)

DIVISION 2. REQUIREMENTS

26-1318 Application of existing codes and ordinances.

All transient housing facilities shall comply in all respects to the applicable provisions of the Building Codes, Housing Code and zoning ordinance as adopted and amended by the city.

(Ord. No. 2080, § 1, 7-23-98)

26-1319 Application of zoning ordinance.

Transient housing facilities, other than hotels, motels, convalescent or nursing homes are permitted by the zoning ordinance as boarding or rooming houses, which may be located within a R-3, R-4, C-0, C-1, C-2, C-3, M-1 or M-2 district only if granted a special exception permit and site plan approval by the planning commission; and in most cases, a regulated use waiver by city council (see section 9.7 of the Zoning ordinance). An exception is adult foster care facilities, duly licensed by the state as a family home or small group home, with maximum client capacities of six or less persons, pursuant to state law which are to be permitted whenever residential uses are otherwise permitted without need of said special exception permit.

(Ord. No. 2080, § 1, 7-23-98)

26-1320 Annual inspections.

Every transient housing facility operated or maintained in the city shall be inspected by the city at least once every year. Such inspections shall cover all matters pertaining to the sanitary conditions of the bathrooms, rooms, beds and bedding, including the ventilation of all rooms, and also all rooms occupied by the employees, to ascertain the condition of such rooms with respect to light, heat, ventilation and general sanitation. The investigation shall be sufficiently accurate and complete to ascertain that the building, premises and parts thereof comply in all respects with this Code, the ordinances of the city and the laws of the state.

(Ord. No. 2080, § 1, 7-23-98)

26-1321 Cleanliness of licensed premises; owner’s responsibility.

(a)    Every transient housing facility in the city and every part thereof shall be clean and free from any accumulation of dirt, filth, garbage or other matter, in or on such facility, or in the yard, court, passage area or alley connected with or belonging to such facility.

(b)    The owner or keeper of a transient housing facility or part thereof shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, bathrooms, privies, cesspools and drains to the satisfaction of the city and as often as shall be required by or in accordance with any regulation or order of this Code, or applicable law or ordinance, and as often as may be necessary to keep and maintain each and every portion of such facility in a sanitary and healthful condition.

(Ord. No. 2080, § 1, 7-23-98)

26-1322 Repair and maintenance required.

Every transient housing facility and every part thereof shall be kept in good repair, as determined solely by the administrator of the building and safety engineering division and his/her duly authorized representatives.

(Ord. No. 2080, § 1, 7-23-98)

26-1323 Fire extinguishers.

There shall be provided at least one approved five-pound or larger dry chemical fire extinguisher rated at least 2A, 20B, C, with travel distance to any extinguisher not to exceed 75 feet, and at least one extinguisher for every 2,500 square feet or less of floor area on each floor. Fire extinguishers shall be placed in convenient locations in a public hallway and shall always be in condition for use. Other fire extinguishers may be required by other ordinances of the city and shall be provided and maintained by the licensee and approved by the fire department.

(Ord. No. 2080, § 1, 7-23-98)

26-1324 Garbage and refuse receptacles.

Every transient housing facility shall have proper and suitable conveniences and/or receptacles for receiving garbage and other refuse matter.

(Ord. No. 2080, § 1, 7-23-98)

26-1325 Bedding and linens.

All beds for the accommodation of guests in any transient housing facility shall be provided with a sufficient supply of clean bedding and with clean sheets. Each sheet shall be at least 81 inches wide and 99 inches long. All beds shall be provided with clean sheets as often as the beds are assigned to different persons, and at least semi-weekly.

(Ord. No. 2080, § 1, 7-23-98)

26-1326 Towels required.

Each transient housing facility having a public washroom shall keep at all times a sufficient supply of individual clean towels in a place in sight of, and easily accessible to, its guests. At least two clean towels shall be supplied daily to each guestroom and at least one clean towel shall be supplied daily to each guest.

(Ord. No. 2080, § 1, 7-23-98)

26-1327 Water closets; disinfection.

All water closets and urinals in, or used in connection with, any transient housing facility shall be disinfected as often as may be necessary to keep them in a sanitary condition.

(Ord. No. 2080, § 1, 7-23-98)

26-1328 Compliance, development and operating requirements.

To qualify for and to maintain in good standing an operating license, each transient housing facility shall be developed, equipped, managed and operated as follows:

(1)    The layout, development and facilities shall conform to the standards and requirements of this Code, and all other valid ordinances of the city and laws of the state.

(2)    The facility shall be in the charge of a resident manager who shall be available and responsible at all times for maintaining the grounds, buildings and facilities in a sanitary, safe, healthful, orderly and usable condition.

(3)    There shall be an office or room for the manager where incoming occupants will be registered and where the registration records shall be maintained in approved form and kept available at all times for inspection by representatives of the city and law enforcement officers.

(4)    No person known to be suffering from a reportable disease as defined by the state health department shall be given accommodation at any transient housing facility. The manager shall immediately notify the county health department of any illness in the facility which is believed to be reportable.

(5)    Hot and cold running water shall be available at all times at lavatory, bath and shower fixtures.

(6)    Water supply and sewage disposal facilities shall be maintained and operated so as to perform their function.

(7)    Each sleeping unit shall be furnished with beds and bedding which shall be in good condition, clean and adequate to maintain body comfort.

(8)    Each occupant of a sleeping unit shall be furnished with soap and at least one clean, freshly laundered bath towel daily.

(9)    A comfortable temperature shall be maintained in sleeping units, which shall be furnished with safe, convenient and adequate heating facilities for use by occupants as necessary.

(10)    During hours of darkness, adequate lighting shall be maintained at all buildings and on the site.

(11)    Fire extinguishers shall be maintained in a filled and workable condition.

(12)    Parking facilities, as required by code, shall be installed and maintained.

(13)    The manager shall comply with such other health and sanitation rules and regulations that have been adopted under the powers granted the state, county or city regarding such occupancy.

(14)    The licensed premises and its use shall at all times comply with all applicable federal, state, county and city laws and regulations.

(Ord. No. 2080, § 1, 7-23-98)

26-1329 Register book required.

All such establishments subject to licensing under this article shall keep a register in which there shall be set forth in ink the name and last permanent address and signature of each occupant, the number of the room to be occupied by each occupant, and the name and address of any persons to be notified in case of emergency. Registration under a false name is prohibited. The register shall be available at all times to city officials, law enforcement officers and health officers.

(Ord. No. 2080, § 1, 7-23-98)

26-1330 Overcrowding prohibited.

Occupancy in any sleeping unit of a transient housing facility in excess of the maximum capacity of beds therein, according to their design, is prohibited.

(Ord. No. 2080, § 1, 7-23-98)

26-1331 Sanitary conditions and general maintenance.

(a)    Bathroom or bathrooms, which afford privacy to a person inside such room, containing a bathtub or shower washbasin or flush water closet and complying with such other requirements as are set forth elsewhere in this Code, shall be supplied for each six persons or less residing within a transient housing facility, except that in an establishment where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets.

(b)    All bathrooms in a transient housing facility shall be so located within the structure as to be directly accessible from a common hall or passageway which is either on the same floor as, or is one floor above or below, all rooming units they are designed to service, and which hallway is directly accessible to the occupants of all such rooming units without passing through any part of any other rooming unit or dwelling unit.

(c)    All bathrooms and water closet compartments in a transient housing facility shall be provided with an inside lock.

(d)    All furniture and furnishings in a transient housing facility shall be maintained in safe and sound condition, in good repair, and upholstery and coverings shall be kept clean and free of rips and tears. Windows shall be provided, where necessary, with blinds, draw drapes, curtains or shades to provide occupants with privacy.

(Ord. No. 2080, § 1, 7-23-98)

26-1332 Exit lights and night lights.

All exits in the transient housing facility shall be clearly identified as exits with internally illuminated exit signs having the word “exit” in plainly legible letters not less than six inches high with the principal strokes of the letters not less than three-quarter inch wide. Night lights shall be provided in all common areaways and hallways.

(Ord. No. 2080, § 1, 7-23-98)

26-1333 Use of basement or attic as sleeping room; conditions.

(a)    No room in a basement or attic or third floor of a wooden building used as a transient housing facility shall be occupied or converted for occupancy as a sleeping room without a special written permit from the city.

(b)    No permit shall be issued under subsection (a) of this section unless the following conditions are complied with:

(1)    Such room shall be at least seven feet high in every part from the floor to the ceiling.

(2)    The ceiling of such room shall be in every part at least three feet six inches above the surface of the street or ground outside of or adjoining such room.

(3)    There shall be appurtenant to such room the use of a water closet.

(4)    At least one of the rooms of the apartment of which such room is an integral part shall have a window opening directly to the street or yard, of at least 12 square feet in size clear of the sash frame, and which shall open readily for purposes of ventilation.

(5)    The lowest floor shall be waterproof and dampproof.

(6)    Such room shall have sufficient light and ventilation, shall be well drained and dry, and shall be fit for human habitation.

(c)    Attic rooms or the third floor of a wooden building used as a transient housing facility shall comply with the following:

(1)    No less than two independent means of egress shall be provided, one of which shall be an interior stairway and the other may be a fire escape or another interior stairway.

(2)    Both means of egress shall be directly accessible to all occupants of the floor without going through a private room or apartment.

(3)    All interior stairs shall be enclosed at the third floor to prevent the spread of smoke, and shall be provided with self-closing doors. These doors shall swing in the direction of egress and have a latch or other fastening device which includes a knob, handle, panic bar, or other simple type of releasing device, the method of operation of which is obvious, even in darkness.

(4)    All provisions of the state housing law shall be complied with as to window area, ceiling height and room size.

(5)    Such floor shall not be converted for or occupied by more than six sleeping rooms.

(Ord. No. 2080, § 1, 7-23-98)

26-1334 Walls and ceilings.

The walls and ceilings of every building licensed as a transient housing facility shall be thoroughly cleaned and/or redecorated at least once every year.

(Ord. No. 2080, § 1, 7-23-98)

26-1335 Illegal acts on premises.

No licensee under this article shall knowingly permit any illegal act to be carried on upon the premises for which such license has been issued. Any illegal act occurring on the premises which comes to the knowledge of the licensee shall be immediately reported by the licensee to the police department.

(Ord. No. 2080, § 1, 7-23-98)

26-1336 Lodger’s responsibilities.

(a)    The lodger of every establishment licensed under the terms of this article shall be responsible for the cleanliness of any part of the building under his exclusive control and shall maintain such premises as well as personal belongings in a sanitary and orderly condition at all times.

(b)    No tenant of any establishment licensed under this article shall sublet the room he rents or house additional persons not registered with the licensee without the consent of the licensee and the executing of new registration.

(c)    No tenant or any occupant of an establishment licensed under this article shall create a nuisance in such establishment by becoming intoxicated or by the creation of undue noise or by the destruction or defacing of property, or by creating or maintaining an insanitary condition upon or about the premises, or by carrying on any unlawful business or pursuit upon such premises.

(d)    Violation of any of the provisions of this article shall be deemed sufficient causes for the summary eviction of the tenant by the enforcing official, if after proper notice such tenant fails to comply with the provisions of this article.

(Ord. No. 2080, § 1, 7-23-98)

DIVISION 3. CERTIFICATE OF COMPLIANCE

26-1337 Certificate of compliance required for transient housing.

No person shall, directly or indirectly, operate, or cause to be operated, conduct, maintain or manage, within the city, any transient housing facility, without first having obtained a certificate of compliance, as described in this article, from the city’s department of community development.

(Ord. No. 2080, § 1, 7-23-98)

26-1338 State or other license; no exemption.

The fact that a license has been granted to any person by the state, county or other agency to engage in the operation, conduct, maintenance or management of any housing facility shall not exempt such person from procuring a certificate of compliance from the city, if such certificate of compliance is required by this article, or any other provision of this Code.

(Ord. No. 2080, § 1, 7-23-98)

26-1339 Compliance prerequisite to issuance.

No certificate of compliance, required by this article, shall be issued to any person who is required to procure a license, permit or other form of approval from the state or the county, until such person shall submit evidence that the required state or county license or permit has been issued and that all fees pertaining thereto have been paid. Furthermore, no certificate of compliance required by this article shall be issued to any person until the requirements of this article are fulfilled.

(Ord. No. 2080, § 1, 7-23-98)

26-1340 Fees.

Fees for application for a certificate of compliance and related inspections, as required by this article, shall be established by the city council by resolution upon adoption of the annual budget and may be amended from time to time. Fees shall be payable at the time of application.

(Ord. No. 2080, § 1, 7-23-98; Ord. No. 2259, § 1, 4-25-12)

26-1341 Expiration date.

(a)    The certificate of compliance year shall terminate at midnight, three years from the date of issuance.

(b)    The expiration date of each license shall be indicated on the face thereof.

(Ord. No. 2080, § 1, 7-23-98; Ord. No. 2259, § 1, 4-25-12)

26-1342 Right to 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 administrator of the building and safety engineering division in any matter relative to the interpretation of the provisions of this article may appeal to the Board of Appeals upon paying the appropriate fee.

(b)    The appeal provided for under subsection (a) shall be filed with the administrator of the building and safety engineering division, in writing, within 30 days of the date of the rendition of the decision of interpretation.

(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 Board of Appeals, not more than 30 days after the appeal is filed, and may be adjourned from time to time at the discretion of the Board of Appeals.

(d)    The appellant shall have right to appear in person or by agent or attorney and present any relevant, oral or documentary evidence. The administrator of the building and safety engineering division shall also have the right to present oral or documentary evidence.

(e)    The city clerk or his/her duly authorized agent shall serve as secretary to the Board of Appeals under this article.

(f)    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.

(Ord. No. 2080, § 1, 7-23-98; Ord. No. 2259, § 1, 4-25-12)

26-1343 Penalties.

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, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.

(Ord. No. 2080, § 1, 7-23-98)

26-1344—26-1365 Reserved.


1

Editor’s noteOrd. No. 2080, § 1, adopted July 23, 1998, amended art. XXV in its entirety to read as herein set out. Formerly, art. XXV pertained to similar subject matter and derived from Code 1985, §§ 8-154—8-172.