Minimum Standards

EDITOR'S NOTE: This chapter, previously a codification of Ordinance 23-81, passed November 3, 1981, was repealed and re-enacted in its entirety by Ordinance 19-85, passed August 20, 1985.

CROSS REFERENCES

1460.01 SHORT TITLE.

This chapter and Chapters 1462 and 1464 shall be known as the Housing Code of the City and may be cited as such.

1460.02 PURPOSE.

The purpose of this Housing Code is to protect the health, safety and welfare of the people of the City by establishing minimum housing standards for dwellings, to provide for the elimination of overcrowding, to provide for enforcement of sanitary conditions in and around structures used for human habitation, to determine the responsibilities of owners and occupants of dwellings, and to provide for the administration and enforcement of this Housing Code.

1460.03 ADOPTION OF STATE HOUSING LAW.

The minimum requirements of the Housing Law of Michigan, being Act 167 of 1917, as amended, are hereby adopted and made a part hereof.

1460.04 APPLICABILITY.

The provisions of this Housing Code shall apply to any person owning, occupying, managing or controlling any dwelling in the City.

1460.05 RESPONSIBILITIES OF OWNERS.

It shall be the responsibility of the owner to keep and maintain each dwelling so as to comply with the minimum basic requirements of this Housing Code. If the owner is prevented from complying with such requirements by the actions of a tenant, it shall be the right of the owner to terminate the tenancy and evict the tenant in accordance with applicable State law.

1460.06 RESPONSIBILITIES OF OCCUPANTS.

Every occupant of a dwelling shall cooperate with the owner of the dwelling or other responsible party and shall be responsible for keeping and maintaining the dwelling in a safe and sanitary condition, except for normal wear and tear, and for meeting the minimum requirements of this Housing Code. Any occupant who fails to comply with this section shall be subject to prosecution by the appropriate authorities pursuant to this Housing Code and, where applicable, to eviction from the dwelling by the owner or other responsible party in accordance with State law.

1460.07 DEFINITIONS.

Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.

(1) "Accessory structure" means a building or structure in which the use is incidental to that of the main building and which is located on the same lot.

(2) "Administrator" means the City Manager or authorized representatives charged with the responsibility of administering and enforcing this Housing Code.

(3) "Animal" means any living species other than a human, insect or plant.

(4) "Basement" means that portion of a building which is partly below and partly above grade and which has at least one-half of its height above grade.

(5) "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape and safety, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, windowframes, doorframes, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.

(6) "Building materials" means and includes, but is not limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, fenceposts and fencing.

(7) "Cellar" means that portion of a building which is partly or completely below grade and has at least one-half of its height below grade.

(8) "City" means the Municipal corporation that is the City of Battle Creek and includes all authorized agents of the City when acting within the scope of their authority.

(9) "Deteriorate" means to decay, decompose or degenerate.

(10) "Deterioration" or "deteriorated" means the fact or process of decay or degeneration which has progressed to the point where it has resulted in or will soon result in making an object or mechanism unsafe, unsanitary, inoperable, unusable or unsuitable for its intended use, including, but not limited to, the advanced stages of rot, rust, mold, insect ingestion, infestation or destruction.

(11) "Dwelling" means any structure, yard or part thereof used for residential purposes, whether occupied or not.

(12) "Dwelling unit" means a single room or rooms providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(13) "Emergency" means a condition of imminent danger calling for immediate action to avoid death, injury or illness to a human, or the destruction or severe damage of real or personal property.

(14) "Exit" means that portion of a means of egress which is separated from all other spaces of a building or structure by construction or equipment as required by the State Construction Code.

(15) "Exit access" means that portion of a means of egress which leads to an entrance or to an exit.

(16) "Exit discharge" means that portion of egress between the termination of an exit and a public way.

(17) "Family" means an individual or a group of two or more persons related by birth, adoption or marriage, together with not more than two additional persons not related by blood, adoption or marriage, living together as a single housekeeping unit in a dwelling.

(18) "Finish surfaces" means materials used for the final covering of basic structural elements. Finish surfaces include, but are not limited to, ceilings, walls, wainscotting, kickboards, moldings, stops and floor coverings.

(19) "Fire hazard" means a condition which may cause loss, damage or injury to persons or property by reason of fire, explosion or action of the elements.

(20) "Furred ceiling" means any ceiling which is installed below the joists which constitutes the structural framing of the floor/ceiling assembly or attic floor above.

(21) "Good repair" means the state of being properly installed, safe, stable and maintained sufficiently free of defects or deterioration, so as to be in compliance with the applicable codes set forth in Section 1460.09.

(22) "Good workmanship" means completing a task of construction, repair or replacement in compliance with this Housing Code.

(23) "Grade" means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls.

(24) "Habitable room" means any room within a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. Habitable rooms must meet all light, ventilation and area standards of this Housing Code.

(25) "Hardship" means any factor deemed by the Housing Board of Appeals to permit a variation from this Housing Code. Such factors shall be specified in the by-laws of the Board and on the appeal form for the Board.

(26) "Health Officer" means the Director of the Calhoun County Health Department and/or the authorized representatives of such Health Department.

(27) "Housekeeping unit" is a collective term for individuals living together in a dwelling unit.

(28) "Inspector" means a housing inspector or any other employee of the City whose responsibilities include enforcement of this Housing Code.

(29) "Interior fixtures" means those interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures include, but are not limited to, doors, doorknobs, latches, locks, hinges, handles, hooks, light fixtures, electrical outlets or switch cover plates, vents or opening grates, railings, shelving, cabinetry and mirrors.

(30) "Junk" includes, but is not limited to, parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other material, or other cast-off material of any kind, whether or not the same could be put to any reasonable use.

(31) "Means of egress" means a continuous and unobstructed path of travel from any point in a building or structure to a public way, and consisting of three separate and distinct parts: the exit access, the exit and the exit discharge. A means of egress comprises the vertical and horizontal means of travel and includes intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.

(32) "Natural person" means a human being.

(33) Occupancy" or "occupy" means the fact or act of a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being is physically present or temporarily absent.

(34) Occupant" means a person who occupies a dwelling.

(35) Open window area" means the resulting square footage of open space to the outdoors when a window has been opened to its maximum distance as measured clear of the sash frame.

(36) Owner" or "ownership" means any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common or as a land contract vendee. "Owner" also means any person who in fact has been empowered to act on behalf of, or as the agent of, the owner. "Owner" also means any person who has or exercises care, custody, dominion or control over any property.

(37) Person" means a natural person, firm, partnership, association or corporation.

(38) Premises" means any improved or unimproved lot or parcel of land and its buildings and structures.

(39) Remote exit" means a required exit providing a protected way of travel to an exit discharge which is as far removed as is practical from the sleeping area.

(40) Rental dwelling" means a dwelling containing dwelling units which are leased or rented.

(41) Rental unit" means any dwelling unit rented or leased.

(42) Residential" means all dwellings, structures containing dwelling and rooming units, accessory structures and yards.

(43) Responsible local agent" means a person having his or her place of residence or principle place of business in the County, who is legally responsible for operating a dwelling in compliance with these Codified Ordinances.

(44) Responsible party" means any person, including, but not limited to, an owner, land contract holder, land contract vendee, tenant or responsible agent, who has the responsibility to construct and/or maintain a dwelling in compliance with this Housing Code. The name and address of the responsible party shall be determined from information placed on file with the City's Environmental Control Division, the City Assessor's office, the City Treasurer's office and the County Register of Deeds's office.

(45) Roomer" means a person who is provided with living and sleeping quarters within a rooming dwelling.

(46) Rooming dwelling" means a dwelling containing rooming units.

(47) Rooming unit" means a room or group of rooms located within a rooming dwelling used or intended to be used for living and sleeping purposes, but not for cooking. Such rooming unit shall meet or exceed the required floor area as stated in Section 1460.41.

(48) Sanitary" means free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors, or which provides food for, or is an available source of food for, animals or insects.

(49) Structure" means anything constructed or erected, the use of which requires a permanent location on the ground.

(50) Unsafe" means a condition which is reasonably likely to do harm to humans or property if not corrected or stopped.

(51) Vermin" means rodents, birds and insects which may be destructive of real or personal property or injurious to health.

(52) Window area" means the area of the glazing of a window through which light passes, including the area taken up by window pane dividers.

(53) Yard" means all parts of a piece of property lying between a dwelling foundation and the property lines, as well as that portion of public property or a right of way lying between that piece of property and the street curb or pavement or lying between the piece of property and the centerline of an alley.

1460.08 COMPLIANCE REQUIRED.

All dwellings, whether occupied or unoccupied, shall meet the standards set forth in this Housing Code.

1460.09 APPLICATION OF STATE CODES.

All electrical, mechanical, plumbing, structural, health, safety and maintenance standards shall comply with current applicable State codes adopted by the City Commission.

1460.10 BASIC STRUCTURAL ELEMENTS.

Basic structural elements shall be in good repair and shall be adequate to support the imposed load as required by this Housing Code.

1460.11 FOUNDATIONS AND SUPPORTS.

Foundations, foundation walls and supporting columns shall be in good repair and shall be adequate to support the imposed load as required by this Housing Code.

1460.12 BASEMENT AND CELLAR WALLS AND FLOORS.

1460.13 EXTERIOR SURFACES.

All exterior surfaces shall be weathertight, waterproof, verminproof and kept in good and sanitary condition. Exterior surfaces which deteriorate from exposure to the weather shall be protected by a properly applied water-resistant paint, waterproof finish or other weatherizing treatment.

1460.14 WINDOWS, DOORS AND SCREENS.

All windows and exterior doors, including storm windows and doors, shall be weathertight and in good repair. All screen doors and screens shall be in good repair.

1460.15 INSECT SCREENS.

During the months of May through October, an insect screen in good repair shall be provided by the owner for every required window area as defined in Section 1460.45. Skylights shall not require insect screens if they are contained in a room which meets the window area requirements of Section 1460.45.

1460.16 SECURITY; LOCKS.

Exterior doors shall be present and in good repair. Exterior doors shall be equipped with a properly installed locking device in good repair. All doors which provide entry to rental dwellings from a common hall shall be provided with a properly installed locking device in good repair without interior keyed locks or dead bolts.

1460.17 EXTERIOR ATTACHMENTS.

Exterior attachments to basic structural elements, including, but not limited to gutters, downspouts, screening, vents, antennae, awnings and utility connections, shall be in good repair.

1460.18 PORCH AND SPLIT-LEVEL RAILINGS.

Any side of a floor, porch, stoop or patio which is more than thirty inches above the immediately adjacent ground or floor shall be bounded by a guardrail installed to meet State Construction Code standards.

1460.19 STAIRWAY HANDRAILS AND GUARDRAILS.

(a) Stairways with three steps or more shall be bounded by railings which are properly installed and in good repair.

(b) Open sides of stairways having a vertical rise of more than thirty inches shall have guardrails to meet State Construction Code standards.

1460.20 SMOKE DETECTORS.

A minimum of one single station smoke detector shall be provided and maintained in good repair for each bedroom area of a dwelling unit or rooming unit and for every level of a dwelling, unless alternative arrangements have been approved by the Fire Official.

1460.21 MEANS OF EGRESS.

(a) All means of egress from any point in a dwelling to a public way shall be maintained in good repair, available for immediate use and free of all obstructions.

(b) All egress doors shall open from the side in which egress is made, without the use of a key or special knowledge or effort when the building or area is occupied, unless prior approval has been granted by the Fire Official.

1460.22 INTERIOR SURFACES.

(a) Floors in any room where a water faucet is present shall be protected by unbroken waterproof or water-resistant covering such as, but not limited to, paint, tile, linoleum or carpet.

(b) The walls in any room of a dwelling unit or rooming unit in which a water faucet is present shall be made of waterproof materials or shall be completely covered by a waterproof or water-resistant coating or covering in good repair.

1460.23 PAINT CHIPS.

Paint chips lying on the floor of a dwelling or lying on the ground around an occupied dwelling shall be deemed unsafe and shall be removed by the responsible party.

1460.24 INTERIOR FIXTURES.

1460.25 NUMBER OF EXITS.

Every dwelling shall have the required number of exits, in addition to the required emergency escapes, as specified by the State Construction Code. Alternative arrangements may be approved by the Fire Official.

1460.26 EMERGENCY ESCAPES.

All sleeping rooms in a dwelling unit or a rooming unit below the fourth story shall have a minimum of one operable window or exterior door approved for emergency egress or rescue in accordance with the following:

(a) Where windows are provided as a means of egress or rescue the sill height shall not exceed forty-four inches above the floor.

(b) Minimum dimensions of egress or rescue windows shall comply with the State Construction Code

(c) Bars, grills or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or excessive force.

(d) An emergency escape or window is not required in a one or two-family dwelling when a door of a sleeping room opens to a corridor to two remote exists in opposite directions.

1460.27 JOINT USE AREA LIGHTING.

Every hallway, stairway, entryway and joint use area within a dwelling containing three or more dwelling or rooming units shall be lighted at all times.

1460.28 WATER SYSTEMS.

Every dwelling shall have a water system which is in good repair and free of leaks. The water system shall connect each sink, water closet, basin, bathtub or shower facility present in the dwelling to a public water supply or to a private water supply approved by the City.

1460.29 HOT AND COLD WATER SUPPLY.

Every sink, basin, bathtub or shower facility required by this Housing Code shall be properly connected with both hot and cold water lines. The hot water lines shall be connected with supplied water heating facilities which are properly installed and maintained in a safe and good working condition. The water system shall be sized to supply hot water at a minimum temperature to outlets of 110 degrees Fahrenheit, but not exceeding 120 degrees Fahrenheit, to meet both daily requirements and hourly peak loads of the occupants of the building.

1460.30 SEWER SYSTEMS.

Every dwelling shall have a sewage disposal system which is in good repair and free of leaks. A sewage disposal system shall connect each sink, water closet, basin, bathtub, shower and floor drain to a public sanitary or combined sewer or to a private sewage disposal system approved by the City.

1460.31 HEATING SYSTEMS.

Every dwelling shall have a heating system. Every heating system shall be properly installed, in good repair and free of leaks and obstructions.

1460.32 HEAT SUPPLY.

Every heating system shall provide sufficient heat to maintain a temperature of sixty-eight degrees Fahrenheit in every bathroom and required habitable room, as measured three feet above the floor.

1460.33 HEAT REGULATION.

Where the heat regulator of a heating system is not within the direct control of the occupant, the owner or responsible party shall be responsible for maintaining the temperature within all habitable rooms and bathrooms of occupied units at or above sixty-eight degrees Fahrenheit, as measured three feet above the floor.

1460.34 ELECTRICAL SYSTEMS.

Every dwelling shall have an electrical system, components and safety devices which are properly installed and in good repair.

1460.35 ELECTRICAL OUTLETS.

All habitable rooms with a floor area of less than 150 square feet shall have a minimum of two duplex electrical outlets. For each additional 100 square feet or portion thereof, an additional duplex electrical outlet is required. Such outlets shall be equally spaced within reason.

1460.36 ELECTRICAL EXTENSION CORDS.

(a) As a substitute for fixed wiring of a dwelling;

(b) When run through holes in walls, ceilings or floors;

(d) When run across a doorway or over a doorway or window;

(e) When attached to dwelling surfaces;

(f) When concealed behind building walls, ceilings or floors;

(g) When placed or concealed under any rug or carpet; and

(h) If not of sufficient capacity for the load to be served.

1460.37 MAINTENANCE OF UTILITIES; REQUIRED FACILITIES AND SERVICES.

No person, except as provided in this section, shall cause any of the following utilities, services, facilities or equipment to be shut off, disconnected, removed or otherwise terminated or interrupted when the utility, service, facility or equipment is being furnished to or used by another person:

(a) Water service;

(b) Sewage service;

(d) Heating equipment or facilities;

(e) Ventilation or air conditioning facilities or equipment;

(f) Hot water facilities or equipment; or

(g) Electrical facilities or equipment.

This section shall not apply to a necessary temporary interruption of service required for maintenance, repair or replacement, or to any such interruption needed to act upon an emergency or unsafe condition. Any termination or interruption of water, sewer, gas or electric utility service for nonpayment of bills shall be deemed to be caused by the person who contracted with the utility for the service.

1460.38 SANITATION.

All rooms, room surfaces, systems, fixtures, facilities, equipment, appliances and furnishings shall be kept in a sanitary condition.

1460.39 INFESTATION.

Every dwelling shall be kept free of uncaged rodents, uncaged birds, cockroaches, fleas, lice, bedbugs or vermin.

1460.40 HABITABLE ROOMS.

Every dwelling shall have one or more habitable rooms which together contain the habitable floor area required by Section 1460.41.

1460.41 HABITABLE FLOOR AREA.

(a) Every dwelling unit shall have at least 150 square feet of habitable floor area for the first occupant and at least 100 additional square feet of habitable floor area for each additional occupant.

(b) The habitable floor area for a dwelling unit shall comply with the State Construction Code.

(c) Every rooming unit occupied by one occupant in a rooming dwelling shall contain at least eighty square feet of floor space and every rooming unit occupied by more than one occupant shall contain at least forty-five square feet for each occupant thereof.

1460.42 CEILING HEIGHT.

(a) Habitable rooms shall have a minimum ceiling height of seven feet six inches.

(b) Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a minimum ceiling height of seven feet measured to the lowest projection from the ceiling.

(c) If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only half the area.

(d) If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds of the area thereof, but the height of the furred ceiling shall be a minimum of seven feet.

1460.43 HABITABLE SLEEPING ROOMS.

1460.44 REQUIRED SLEEPING AREA.

Every habitable room used for sleeping purposes shall contain at least eighty square feet of habitable floor area and a minimum of forty-five square feet of habitable floor area for each additional person who sleeps in that room.

1460.45 REQUIRED WINDOW AREA.

Each habitable room shall contain windows or skylights which have a combined area equal to or exceeding eight percent of the floor area of the room. The required window area in a basement or cellar being used as a habitable room shall be located entirely above grade.

1460.46 NATURAL LIGHTING.

Every habitable room shall have at least one window or skylight which faces directly outdoors and which has no structure or obstruction located directly in front of the window glazing for at least three feet.

1460.47 NATURAL VENTILATION.

All required windows or skylights specified in Section 1460.45 must be maintained in working order so that they may be opened and closed safely.

1460.48 MECHANICAL VENTILATION.

Permanently and properly installed mechanical ventilation controlled by the occupant may be used in place of required natural ventilation in any habitable room. Such mechanical ventilation shall be maintained in good repair.

1460.49 KITCHEN VENTILATION.

Kitchens and kitchenettes shall have a minimum of one required window opening directly to the outdoors or be provided with mechanical ventilation. When the kitchen is not provided with required natural ventilation, mechanical ventilation shall be provided in the ceiling or wall close to the range and not more than four feet from the centerline of the range off the side or front of the range, or in the wall directly above the range between wall cabinets and the range, provided that a metal collector hood is installed.

1460.50 BATHROOM, SHOWER ROOM AND TOILET ROOM VENTILATION.

Bathrooms, shower rooms and toilet rooms shall contain one window, not less than three square feet in area opening directly to the outdoors, or shall be ventilated by one of the following methods:

(a) Individual vents or ducts installed in accordance with the State Mechanical Code;

(b) A skylight with not less than three square feet in area of ventilating opening; or

(c) Any system of mechanical ventilation operable by the occupant, which system is capable of exhausting quantities of air as specified by the State Mechanical Code.

1460.51 BATHROOM FACILITIES FOR DWELLING UNITS.

Every dwelling unit shall contain a toilet, a lavatory sink and a bathtub or shower. All such facilities shall be in good repair and shall be located within a completely enclosed room.

1460.52 BATHROOM FACILITIES FOR ROOMING UNITS.

At least one water closet, lavatory and bathtub or shower shall be provided for each eight roomers or portion thereof. All such facilities shall be in good repair and:

(a) Located in a completely enclosed room affording privacy which is separate from the habitable rooms;

(b) Accessible, from a common hall or passageway, to all roomers sharing such facilities without going outside of the dwelling; and

1460.53 KITCHEN FACILITIES.

Every dwelling unit shall have a kitchen or kitchenette. A kitchen or kitchenette shall have a sink, cabinet and counter or table, all of which shall be in good repair.

1460.54 KITCHEN APPLIANCES.

Every occupied dwelling unit shall contain a stove, an oven and a refrigerator, maintained in good repair.

1460.55 PROHIBITED LOCATION OF KITCHEN FACILITIES.

Kitchens, kitchenettes or kitchen facilities shall not be permitted in rooming units.

1460.56 COOKING.

Food prepared or cooked indoors shall be prepared or cooked only in a kitchen, a kitchenette or an area approved by the Mechanical Inspector or Fire Official.

1460.57 MAINTENANCE OF FACILITIES.

Materials, fixtures, equipment, appliances or facilities required by this Housing Code or otherwise present in a dwelling shall be in good repair.

1460.58 KEEPING OF ANIMALS LIMITED.

No person shall keep, maintain or house any animal or fowl, except as permitted in Sections 608.02, 608.03 and 1290.01(b)(19) of these Codified Ordinances.

1460.59 ANIMALS IN DWELLINGS.

Animals kept or allowed within a dwelling shall not be permitted by the occupant or responsible party to create any unsafe, odorous or unsanitary condition or to cause any damage to the dwelling or structure. (Ord. 19-85. Passed 8-20-85.)

1460.60 ANIMALS OUTSIDE DWELLINGS.

Animals kept or allowed in a yard or in an accessory structure shall not be permitted by the occupant or responsible party to create any unsafe, odorous or unsanitary condition.

1460.61 IMPROVEMENTS IN YARDS.

All improvements located in a yard, including, but not limited to, walkways, driveways steps, fences and walls, shall be in good repair. (Ord. 19-85. Passed 8-20-85.)

1460.62 TREES, SHRUBS AND PLANTS.

Trees, shrubs and plants which have damaged a dwelling or which are diseased or create an unsafe condition shall be trimmed or removed by the responsible party.

1460.63 STORAGE OR ACCUMULATION OF JUNK.

No person shall accumulate or permit to be accumulated junk (except as permitted by Sections 636.02 and 636.03 of these Codified Ordinances), except in a wholly enclosed structure, provided that such storage does not harbor vermin or pose a fire hazard to the occupants or the dwelling.

1460.635 EXTERIOR AREAS OPEN TO PUBLIC VIEW.

(a) Exterior areas exposed to public view, facing streets, public sidewalks or driveways, such as open porches, decks, landings, patios, balconies and rooftops, shall be considered a part of the exterior premises and shall be maintained in a neat, orderly, clean, sanitary and safe manner to prevent harborages for rodents, insects, pests, other vermin, birds and wild or domestic animals.

(b) Household appliances, furniture and furnishings shall be removed from exterior areas and yards open to public view between November 15 and May 1 of the following year, except when in actual use, and properly stored in an enclosed accessory structure or in the primary structure. Appliances, furniture and furnishings not designed or intended for outdoor use, including, but not limited to, upholstered chairs and sofas, shall be properly stored when not in use and maintained in good repair. As used in this section, the term "properly stored" does not include or permit storage or maintenance of items in exterior areas exposed to public view as provided for in subsection (a) hereof.

(c) Household appliances, furniture and furnishings shall not be placed and used on any exposed portion of a roof, except when a roof or portion of a roof has been properly designed and constructed to serve as a deck or landing.

(d) Only one violation notice between November 15 and May 1 of the following year shall be issued under this section. Subsequent violations will be considered a condition of continuing noncompliance. A person who violates this section shall be responsible for a Class B Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98 of these Codified Ordinances.

1460.64 BUILDING MATERIALS.

No person shall store building materials at the premises of a dwelling unless such materials are stored in an enclosed structure or unless there is in force a valid and current building permit issued by the City for construction upon such premises and such materials are used in connection with such construction. All construction debris shall be removed from any premises within thirty days after occupancy or completion thereof. (Ord. 19-85. Passed 8-20-85.)

1460.65 UNSAFE DWELLINGS.

(a) No responsible party shall keep or maintain a dwelling that is in an unsafe condition due to, but not limited to, the following:

(1) Unsanitary conditions;

(2) Inadequate exit facilities;

(3) Existence of a fire hazard;

(4) Any condition which is dangerous to human life or the public welfare; or

(5) Illegal maintenance.

(b) The responsible party shall make the dwelling safe by repairing or removing it in accordance with this Housing Code and other pertinent provisions of these Codified Ordinances.

1460.66 SECURING VACANT DWELLINGS.

No person shall maintain or permit to be maintained any vacant dwelling, unless it is made safe by having all broken or missing panes of glass replaced and all openings secured, or by all openings having sheathing cut to fit and set into the outside casings and nailed to the jamb properly.

1460.67 PARTIALLY COMPLETED DWELLINGS.

No person shall maintain or allow to be maintained any partially completed dwelling, unless it is in the course of construction in accordance with an existing building permit issued by the City.

1460.68 REGISTRATION OF RENTAL AND ROOMING DWELLINGS; LOCAL AGENTS.

Rental dwellings and rooming dwellings shall be registered with the Environmental Control Division pursuant to Section 1460.70. If the responsible party does not reside or have his or her principal place of business within the County, he or she shall designate a responsible local agent having his or her place of residence or principal place of business in the County, who shall be legally responsible for operating such dwelling in compliance with this Housing Code. All official notices and orders may be served on the responsible local agent and any notice served shall be deemed to have been served on the responsible party. Each responsible party shall maintain a current list of the number of occupants of each rental dwelling and rooming dwelling.

1460.69 REGISTRATION FEES.

The Administrator may, subject to approval by the City Commission, establish and charge a uniform and reasonable fee for registration from time to time.

1460.70 REGISTRATION INFORMATION.

An application for registration shall be made on such forms and in accordance with such instructions as may be provided by the Environmental Control Division and shall include:

(a) The address of the rental dwelling or rooming dwelling;

(b) The total number of dwelling units or rooming units;

(d) The name, residence address, business address and business telephone number of the manager and responsible local agent designated by the responsible party;

(e) The address where the responsible party will accept notices or orders from the City;

(f) The date of registration;

(g) Identification of any dwelling unit or rooming unit not to be rented; and

(h) The date of birth of the responsible party.

1460.71 INACCURATE OR INCOMPLETE REGISTRATION INFORMATION.

No responsible party shall provide inaccurate or incomplete information for the registration of rental dwellings and rooming dwellings, or fail to provide information required by the Environmental Control Division under Section 1460.70. In cases in which the responsible party is not a natural person, the information required for the registration shall be provided for the organization owning the rental dwelling or rooming unit and for the president, general manager or other chief executive officer of the organization. Where more than one natural person has an ownership interest, the required information shall be provided for each person.

1460.72 REGISTRATION ACKNOWLEDGMENT.

The Environmental Control Division shall issue a registration acknowledgment to the responsible party upon receiving all required registration information.

1460.73 CHANGE IN REGISTRATION INFORMATION.

If any change occurs in registration information as required by Section 1460.70, the responsible party shall file an amended registration form with the Environmental Control Division within fourteen days of the change.

1460.74 NOTICE OF COMPLIANCE.

The Administrator shall issue a notice of compliance for rental dwellings and rooming dwellings when:

(a) The rental dwelling or rooming dwelling complies with this Housing Code as determined by the Administrator after inspection.

(b) The registration application has been approved by the Administrator.

1460.75 INSPECTION OF NEIGHBORHOOD ENTERPRISE ZONE PROPERTY PRIOR TO SALE.

(a) In accordance with the requirements of Act 147 of the Public Acts of 1992, as amended, before the sale of a condominium unit, new facility or rehabilitated facility, as defined in Act 147, for which a Neighborhood Enterprise Zone Certificate is in effect, an inspection of such condominium unit, new facility or rehabilitated facility by the City shall be requested and made to determine compliance with any and all local construction and safety codes.

(b) No sale of any new or rehabilitated facility for which a Neighborhood Enterprise Zone Certificate is in effect may be finalized until there is compliance with the construction and safety codes of the City and until a certificate attesting to that fact is issued by a Neighborhood Code Compliance Officer.

1460.99 PENALTY; EQUITABLE REMEDIES.

(a) Unless otherwise provided, a person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.

(b) A person who violates or fails to comply with any of the provisions set forth in Section 1460.65 is guilty of a misdemeanor and shall be subject to the penalty provided in Section 202.99.

(c) Upon conviction for a violation of this Housing Code which is subject to the general Code penalty provisions of Section 202.99, the court may, in addition to such fine and/or imprisonment, place the person on probation for any period of time, subject to any conditions permitted by State law. The court may also, as a condition of probation or as part of a convicted person's sentence, order the person to reimburse the City for all costs of enforcement attributable to the violation for which such person was convicted, including, but not limited to, the cost of inspection, prosecution and administration. The court may also order repairs as part of any probation or, if authorized by State law, as part of a sentence.

(d) In addition to the penalties provided for in this section, this chapter may be enforced by suit for injunction, action for damages or any equitable relief appropriate to the enforcement of this Housing Code.

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CHAPTER 1460

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