City Ordinance Chapter 010 - Building and Building Regulations

View the PDF version Google Docs PDF Viewer

                                                         Chapter 10

                              BUILDINGS AND BUILDING REGULATIONS*

                                                    Article I.    In General
                     Sec. 10-1.    Registration of contractors.
                     Sec. 10-2.    Department and director of inspections.
                     Secs. 10-3—10-30. Reserved.

                                            Article II.    Construction Codes
                     Sec. 10-31.   Agency designated.
                     Sec. 10-32.   Construction board of appeals.
                     Secs. 10-33—10-60. Reserved.

                                          Article III.     Dangerous Buildings

                                                    Division 1.    Generally
                     Sec. 10-61.   Definitions.
                     Sec. 10-62.   Purpose and scope.
                     Sec. 10-63.   Rights of action; penalties for violation.
                     Secs. 10-64—10-80. Reserved.

                                      Division 2.    Administration and Enforcement

                                                Subdivision I.      In General
                     Sec. 10-81.   Generally.
                     Sec. 10-82.   Inspection of unoccupied building; initiation of proceedings.
                     Sec. 10-83.   Inspection of work.
                     Sec. 10-84.   Building board of appeals.
                     Secs. 10-85—10-100. Reserved.

                                               Subdivision II.      Abatement
                     Sec. 10-101.  Abatement of dangerous buildings.
                     Sec. 10-102.  Violations.
                     Sec. 10-103.  General procedure.
                     Sec. 10-104.  Hearings.
                     Sec. 10-105.  Emergency proceedings.
                     Sec. 10-106.  Appeals.
                     Sec. 10-107.  Annual registration of vacant buildings and registration fees.
                     Secs. 10-108—10-130. Reserved.

                                         Article IV.      Demolition of Buildings
                     Sec.   10-131.   Violations.
                     Sec.   10-132.   Demolition to comply with existing codes.
                     Sec.   10-133.   Protection of property and free passage.
                     Sec.   10-134.   Dust control.
                     Sec.   10-135.   Removal of materials.
                     Sec.   10-136.   Explosives prohibited; exception.
                     Sec.   10-137.   Disposal of debris and materials.
                     Sec.   10-138.   Fill of below grade spaces.

  *State law reference—State construction code act of 1972, MCL 125.1501 et seq.

Supp. No. 8                                                CD10:1
                                        MUSKEGON CITY CODE

              Sec. 10-139.  Inspection and certification.
              Sec. 10-140.  Removal of sidewalk openings.
              Sec. 10-141.  Obstruction of traffic.
              Sec. 10-142.  Cleanup.
              Sec. 10-143.  Burning prohibited.
              Sec. 10-144.  Permits.
              Secs. 10-145—10-220. Reserved.

                                    Article V.    Moving of Buildings
              Sec. 10-221.  Mover's license.
              Sec. 10-222.  Moving permit; application; traffic escort; bond; etc.
              Sec. 10-223.  Compliance with applicable regulations.
              Sec. 10-224.  Penalty.
              Secs. 10-225—10-280. Reserved.

                               Article VI.    Property Maintenance Code

                                            Division 1.   Generally
              Sec. 10-281.  Definitions.
              Sec. 10-282.  Violations and penalties.
              Sec. 10-283.  Civil remedies for violation.
              Sec. 10-284.  Prosecution not delayed.
              Sec. 10-285.  Purpose; application of article.
              Secs. 10-286—10-300. Reserved.

                              Division 2.    Administration and Enforcement

                                        Subdivision I.     In General
              Sec. 10-301.  Fees.
              Sec. 10-302.  Enforcement; inspection.
              Sec. 10-303.  Inspection prior to sales and certificate of compliance for
                            properties with neighborhood enterprise zone certificates issued.
              Sec. 10-304.  Service of notices or orders.
              Sec. 10-305.  Removal of posted sign or notices.
              Sec. 10-306.  Failure to use procedures.
              Secs. 10-307—10-325. Reserved.

                                        Subdivision II.     Violations
              Sec. 10-326.  Enforcement process.
              Sec. 10-327.  Notice of complaint.
              Sec. 10-328.  Notice to repair.
              Sec. 10-329.  Time to correct violation.
              Sec. 10-330.  Final notice to repair.
              Sec. 10-331.  Emergency orders.
              Sec. 10-332.  Abatement of emergency.
              Sec. 10-333.  Inspection entry authorized.
              Sec. 10-334.  Change in ownership.
              Sec. 10-335.  Recurrent violation.
              Sec. 10-336.  Graffiti removal; nuisance abatement.
              Secs. 10-337—10-350. Reserved.

                                    Subdivision III.      Rental Property
              Sec. 10-351.   Registration of rental dwellings.
              Sec. 10-352.   Certificate of compliance for rental dwellings.
              Sec. 10-353.   Short-term vacation rentals.

Supp. No. 8                                       CD10:2
                               BUILDINGS AND BUILDING REGULATIONS

              Secs. 10-354—10-370. Reserved.

                                         Subdivision IV.   Appeals
              Sec. 10-371.  Housing board of appeals.
              Sec. 10-372.  Appeal authorized.
              Sec. 10-373.  Time period for filing an appeal.
              Sec. 10-374.  Effect of appeal on correction time limits.
              Sec. 10-375.  Procedure for filing an appeal.
              Sec. 10-376.  Appeal fee.
              Sec. 10-377.  Hearing procedures.
              Sec. 10-378.  Decision by the appeals board.
              Sec. 10-379.  Standard for appeals board decisions.
              Sec. 10-380.  Abatement.
              Sec. 10-381.  Compliance with decisions.
              Sec. 10-382.  Permanent waiver.
              Secs. 10-383—10-400. Reserved.

                                 Division 3.   Standards and Requirements
              Sec.   10-401.   Structural maintenance standards.
              Sec.   10-402.   Plumbing standards.
              Sec.   10-403.   Electrical standards.
              Sec.   10-404.   Mechanical, heating and ventilation.
              Sec.   10-405.   Health and sanitation.
              Sec.   10-406.   Kitchen facilities.
              Sec.   10-407.   Utility services and equipment to be maintained.
              Sec.   10-408.   Exits.
              Sec.   10-409.   Exits unblocked.
              Sec.   10-410.   Space and area occupancy requirements.
              Sec.   10-411.   Use of basement or cellar as habitable room.
              Sec.   10-412.   Fire protection.
              Sec.   10-413.   Security.
              Sec.   10-414.   Prohibited uses.
              Sec.   10-415.   Maintenance requirements.

Supp. No. 8                                       CD10:3
                                 BUILDINGS AND BUILDING REGULATIONS                                 § 10-107

  ness or residence address of the person or               must be in compliance with all appropriate
  business claiming occupancy; or proof of pre-            provisions of city ordinances, building and fire
  rental inspection.                                       codes pertaining to the storage use.

     Open. A building or structure subject to the             Vacancy date. The date when the building
  provisions of this section shall be deemed to be         or structure became vacant. This is not the
  open if any one or more exterior doors other           same as the date the property was purchased/
  than a storm door is broken, open and, or                sold.
  closed but, without a properly functioning lock          (2)   Applicability. The requirements of this
  to secure it, or if one or more windows is                     section shall be applicable to each owner
  broken or not capable of being locked and                      of any building that is not a dwelling
  secured from intrusion, or any combination of                  that shall have been vacant for more
  the same.                                                      than 90 consecutive days and to each
                                                                 owner of residential property consisting
     Owner. An owner of the freehold of the
                                                                 of one or more vacant dwellings that
  premises or any lesser estate therein, a
                                                                 shall have been vacant for more than 90
  mortgagee, a vendee-in-possession, assignee
                                                                 consecutive days, unless the dwelling is a
  of rents, receiver, executor, trustee, lessee,
                                                                 seasonal home. All seasonal homes must
  agent or any other person that is directly or
                                                                 be registered with the department of
  indirectly in control of a building subject to
                                                                 public safety. Each such owner shall
  the provisions of this section, and as set forth
                                                                 cause to be filed a registration state-
                                                                 ment, which shall include the street
     Seasonal residence. A legal residential                     address and parcel number of each such
  structure that has been used as a residence by                 vacant building, the names and addresses
  the owner for a period of at least three consecu-              of all owners, as hereinafter described,
  tive months within the previous nine months                    and any other information deemed neces-
  and the same owner intends to resume resid-                    sary by the city. The registration fees as
  ing at the property. A non-owner-occupied                      required by subsection (b)(3) of this sec-
  home does not qualify as a seasonal residence.                 tion shall be billed annually by the city
                                                                 and shall be paid within 30 days of the
     Vacation home. A secondary legal residential                invoice date. For purposes of this section,
  dwelling used by the owner or one or more                      the following shall also be applicable:
  immediate member of the owner's family, such
                                                                 a.   If the owner is a corporation or a
  as a son or daughter, for a period less than
                                                                      limited liability corporation, the
  three consecutive months out of the previous
                                                                      registration statement shall provide
  nine months but still has verifiable occupancy
                                                                      the names and residence addresses
  periods spread throughout the year. If the
                                                                      of all officers, directors and/or
  home is rented or leased it does not qualify as
                                                                      members and shall be accompanied
  a vacation home.
                                                                      by a copy of the most recent annual
     Vacant. A building or structure shall be                         tax report filed with the state;
  deemed to be vacant if no person actually,                     b.   If an estate, the name and business
  currently conducts a lawfully licensed busi-                        address of the executor of the estate;
  ness, or lawfully resides or lives in any part of
  the building as the legal or equitable owner or                c.   If a trust, the name and address of
  tenant-occupant, or owner-occupants, or tenant                      all    trustees,   grantors,   and
  on a permanent, non-transient basis, unless                         beneficiaries;
  the structure is legally being used for storage                d.   If a partnership, the names and
  purposes. Such storage use must be a legally                        residence addresses of all partners
  allowed principal use of the zoning district                        with an interest of ten percent or
  where the structure is located and the use                          greater;

Supp. No. 9                                      CD10:15
§ 10-107                                      MUSKEGON CITY CODE

           e.   If any other form of unincorporated                  by the city manager, upon filing an
                association, the names and residence                 application in writing with the applicable
                addresses of all principals with an                  $50.00 nonrefundable filing fee to the
                interest of ten percent or greater;                  city manager's office no later than 30
           f.   If an individual person, the name                    calendar days after the date of the billing
                and residence address of that                        statement. On appeal, the owner shall
                individual person.                                   bear the burden of providing satisfactory
                                                                     objective proof of occupancy.
  (3)      Registration statement and fees; local
           agent. If none of the persons listed, as            (5)   Waiver of registration fee. A one-time
           above, are shown at an address within                     waiver of the registration fee may be
           the state or the home is a qualified                      granted by the committee appointed by
           vacation home or seasonal residence, the                  the city manager upon application of the
           registration statement also shall provide                 owner, if all taxes and fees, such as, but
           the name and address of a person who                      not limited to, property taxes, mowing
           resides within the state and who is                       charges, past vacant building registra-
           authorized to accept service of process on                tion fees, landlord registrations, busi-
           behalf of the owners and who shall be                     ness registrations, utilities and any other
           designated as a responsible, local part or                applicable charges, have been paid prior
           agent, both for purposes of notification in               to application for the waiver. If the owner:
           the event of an emergency affecting the                   a.   Demonstrates with satisfactory proof
           public health, safety or welfare and for                       that he is in the process of demoli-
           purposes of service of any and all notices                     tion, rehabilitation, or other
           or registration statements as herein                           substantial repair of the vacant
           authorized and in connection herewith.                         building; and
           Registration shall be required for all
                                                                     b.   Objectively demonstrates the
           vacant buildings, whether vacant and
                                                                          anticipated length of time for the
           secure, vacant and open or vacant and
                                                                          demolition, rehabilitation, or other
           boarded, and shall be required whenever
                                                                          substantial repair of the vacant
           any building has remained vacant for 90
                                                                          building; or
           consecutive days or more, except in the
           case of seasonal homes. All seasonal                      c.   Provides satisfactory proof, such as
           homes must be registered with the depart-                      sales contract with realtor, advertise-
           ment of public safety. In no instance                          ment for sale, etc., that he was
           shall the registration of a vacant build-                      actively attempting to sell or lease
           ing and the payment of registration fees                       the property during the vacancy
           be construed to exonerate the owner,                           period.
           agent or responsible party from
                                                             Upon the issuance of a certificate of occupancy,
           responsibility for compliance with any
                                                          the committee appointed by the city manager
           other state construction code require-
                                                          may waive vacant building fees attributable to a
           ment. The owner of the vacant property,
                                                          prior owner if the certificate of occupancy is
           at the time of billing, shall be responsible
                                                          issued within 12 months of the applicant's acquisi-
           for the payment of the nonrefundable
                                                          tion of ownership. The committee may waive up
           registration fee. Said fee shall be billed
                                                          to ten years of vacant building registration fees.
           annually by the city and based on the
                                                          All other taxes and fees must be paid in full prior
           duration of the vacancy as determined by
                                                          to the application being considered.
           the master fee resolution.
                                                               (6)   Two-year waiver.
  (4)      Appeal rights. The owner shall have the
           right to appeal the imposition of the                     a.   Upon application by the owner and
           registration fees to a committee appointed                     satisfaction of subsection (b)(5) of

Supp. No. 9                                          CD10:16
                                  BUILDINGS AND BUILDING REGULATIONS                                § 10-107

              this section, the committee appointed             tion (b)(4) of this section, and the owner
              by the city manager may grant a                   fails to pay the amount due, said amount
              two-year waiver of the registration               shall constitute a debt due and owing to
              fee if the owner meets the criteria               the city, and the city may commence a
              for nonprofit organizations as defined            civil action to collect such the unpaid
              by section 501(c)(3) of the Internal              debt. The city shall have a lien upon the
              Revenue Code.                                     premises for said unpaid debt, which lien
                                                                shall have priority over all other liens or
        b.    Upon application by the homeowner
                                                                encumbrances except taxes, assessments
              who is temporarily residing in a
                                                                or mortgages recorded previous to the
              medical care facility, or a legal
                                                                existence of such lien. Such lien may be
              representative of the homeowner,
                                                                enforced by levy as in the case of real
              the committee may grant a renew-
                                                                property taxes, by personal action or
              able two-year waiver of the registra-
                                                                judicial foreclosure. The lien shall be
              tion fee. To be eligible for a two-
                                                                effective on the date billed by the city.
              year waiver of fee, satisfactory proof
              that the structure will only be             (c) Duty to amend registration statement. If
              temporarily vacant and the property       the status of the registration information changes
              and structures must remain in good        during the course of any calendar year, it is the
              repair and free of any enforcement        responsibility of the owner, responsible party or
              actions by city departments. Should       agent for the same to contact the planning
              the structure or property not be          department within 30 days of the occurrence of
              properly maintained, or be in viola-      such change and advise the department in writ-
              tion of City Code, the waiver may be      ing of those changes. Except that valid seasonal
              revoked by the appeal committee.          residence or vacation home, as defined by this
        c.    Upon application by the homeowner         section, are not required to notify the city of
              or a legal representative, the com-       changes in occupancy status.
              mittee may grant a two-year waiver           (d) Exceptions. The fees imposed by this sec-
              of the registration fee. To be eligible   tion shall not apply to any legitimate vacation or
              for a two-year waiver of fee, satisfac-   seasonal residence, as defined by this section, or
              tory proof that the structure will        any building owned by the United States, the
              only be temporarily vacant due to         State of Michigan or a governmental entity. Any
              property being in probate court,          fees billed prior to their ownership are a lien
              being actively rehabbed to City Code      against the property, unless extinguished by
              so it may become occupied or the          operation of law. Notwithstanding a waiver of
              structure is in good repair and has       the fee, registration of all structures outlined in
              the presence that the structure is        this section is still required.
              not vacant (per zoning code for allow-
                                                           (e) Violations; penalties. The failure or refusal
              able uses), and free of any enforce-
                                                        for any reason of any owner or agent of an owner
              ment actions by city departments.
                                                        acting on behalf of the owner to register a vacant
              Should the structure or property
                                                        building within 30 days the registration is due
              not be properly maintained or in
                                                        shall constitute a violation punishable upon
              violation of City Code, the waiver
                                                        conviction thereof by a fine in the amount of not
              may be revoked by the appeal com-
                                                        less than $100.00 not more than $500.00 for each
                                                        failure or refusal to register. In such cases,
  (7)   Delinquent registration fees as a lien.         whenever the minimum fine of $100.00 is imposed,
        After the owner is given notice of the          it shall not be subject to suspension or reduction
        amount of the registration fee due, except      for any reason.
        for those owners that have properly             (Ord. No. 2240, § 10.107, 1-8-2008; Ord. No.
        perfected an appeal pursuant to subsec-         2256, § 10.107, 12-9-2008; Ord. No. 2260, § 10.107,

Supp. No. 9                                        CD10:17
§ 10-107                                   MUSKEGON CITY CODE

12-9-2009; Ord. No. 2276, § 10.107, 4-27-2010;         Sec. 10-135. Removal of materials.
Ord. No. 2300, § 10.107, 11-7-2011; Ord. No.
                                                          (a) All buildings and structures to be
2345, 9-22-2015; Ord. No. 2419, §§ 1—4, 9-10-
                                                       demolished shall be completely razed and all
                                                       materials shall be removed from the site, and
                                                       disposed of in accordance with all applicable
Secs. 10-108—10-130. Reserved.                         laws and regulations. All materials, including,
                                                       without limitation, every installation, part of a
                                                       building or accessory building or other improve-
       ARTICLE IV. DEMOLITION OF                       ment on the premises, whether above or below
              BUILDINGS                                grade, shall be completely removed from the site.
                                                       No part of any basement or infrastructure below
Sec. 10-131. Violations.                               grade shall remain.

   Any person demolishing or causing the demoli-          (b) Under unusual and extraordinary
tion of a structure in violation of the standards of   circumstances and upon written request of the
this article shall be responsible for a municipal      landowner, the city manager may waive all or
civil infraction.                                      part of the above requirement regarding removal
(Code 1975, § 4-115; Code 2002, § 10-131)              of below grade materials or infrastructure. Upon
                                                       approval of the waiver, the landowner shall
                                                       execute and record with the county register of
Sec. 10-132. Demolition to comply with                 deeds a notice indicating to future owners of the
             existing codes.                           property that underground materials or
   All demolition of buildings in the city shall be    infrastructure remains on the property.
accomplished using procedures and complying            (Code 1975, § 4-114(3); Code 2002, § 10-135; Ord.
with the standards of all codes in force at the        No. 2213, 1-9-2007)
time of demolition.
(Code 1975, § 4-114; Code 2002, § 10-132)              Sec. 10-136. Explosives prohibited; excep-
Sec. 10-133. Protection of property and free             Explosives shall not be used for demolition
             passage.                                  except by prior written permission of the city
                                                       and after the owner and contractor have obtained
   Structures shall be demolished in such manner       and exhibited all necessary permits therefor.
as to avoid hazards to persons and property,           (Code 1975, § 4-114(4); Code 2002, § 10-136)
interference with the use of adjacent buildings,
and interruption of free passage to and from           Sec. 10-137. Disposal of debris and materi-
such buildings.                                                     als.
(Code 1975, § 4-114(1); Code 2002, § 10-133)
                                                          All debris, combustible and noncombustible,
                                                       hazardous materials of any kind and all other
Sec. 10-134. Dust control.                             materials shall be disposed of in accordance with
                                                       all applicable statutes, ordinances and regula-
   During the demolition of any building or
                                                       tions of the United States, the state, or any local
structure the work shall be kept thoroughly
                                                       ordinance, rule or regulation, including those of
wetted down to prevent the spread of dust. The
                                                       locations where the materials are deposited or
owner or contractor shall provide water and
                                                       transported for disposal.
necessary connections therefor. The department
                                                       (Code 1975, § 4-114(5); Code 2002, § 10-137)
of inspections may require in appropriate cases,
a suitable fence to be constructed around the
                                                       Sec. 10-138. Fill of below grade spaces.
work site, where conditions indicate that the
safety of the public requires such fence.                 All below grade spaces, depressions or excava-
(Code 1975, § 4-114(2); Code 2002, § 10-134)           tions, including, without limitations, former base-

Supp. No. 9                                       CD10:18
                                 BUILDINGS AND BUILDING REGULATIONS   § 10-140

ments, cellars, septic tanks, pits, wells and any
other excavation, shall after removal of all instal-
lations and materials, be filled with clean sand,
except for the top three inches, which shall be
filled with black dirt, seeded with grass seed.
(Code 1975, § 4-114(6); Code 2002, § 10-138)

Sec. 10-139. Inspection and certification.
    No excavation hole or depression shall be
filled until an authorized representative of the
city has inspected and certified that all existing
material located below grade has been removed.
(Code 1975, § 4-114(7); Code 2002, § 10-139)

Sec. 10-140. Removal of sidewalk openings.
   Sidewalk openings and the covers of all
sidewalk openings such as coal holes, vaults or
stairwells connected with buildings or premises
in the

Supp. No. 9                                      CD10:18.1
                                 BUILDINGS AND BUILDING REGULATIONS                                  § 10-326

   (c) When an emergency is reasonably believed        Sec. 10-304. Service of notices or orders.
to exist or is known to exist within a unit,
                                                          Except as otherwise provided for in this article,
dwelling or accessory structure, the city shall
                                                       a person shall be deemed to be served with an
have the right to enter immediately and at any
                                                       official notice or order on the date of personal
time without a warrant or without requesting
                                                       service thereof or on the date the notice or order
permission. Entry must be for the sole purpose
                                                       is mailed to the last-known address or usual
of determining that an emergency exists or to
                                                       place of residence. All notices and orders of the
abate an emergency condition known to exist.
                                                       city may be served on the responsible local
(Code 1975, § 4-78(1), (11); Code 2002, § 10-302)
                                                       agent, and any notice so served shall be deemed
                                                       to have been served upon the owner of record.
Sec. 10-303. Inspection prior to sales and
                                                       (Code 1975, § 4-78(14); Code 2002, § 10-304)
             certificate of compliance for
             properties with neighborhood
                                                       Sec. 10-305. Removal of posted sign or
             enterprise zone certificates
                                                          It shall be a violation of this article to remove,
   (a) Requirement for inspections. Prior to the
                                                       damage, deface, interfere with, move or conceal
sale, assignment or transfer by the owner of his
                                                       any notice or sign posted in accordance with the
interest in any dwelling unit or residential
                                                       provisions of this article without first obtaining
property in the city which is a new or rehabilitated
                                                       the permission of the city. Any sign or notice
facility for which a neighborhood enterprise zone
                                                       posted pursuant to this article shall include a
certificate is in effect pursuant to Public Act No.
                                                       statement of this provision.
147 of 1992 (MCL 207.771 et seq.), the owner
                                                       (Code 1975, § 4-78(14)(a); Code 2002, § 10-305)
shall have the residential property inspected by
the city. The city, after making the inspection,
                                                       Sec. 10-306. Failure to use procedures.
shall prepare a written report thereof and furnish
the owner two copies thereof within ten business          Failure of the city to notify the owner, occupant
days after receiving the request for inspection.       or responsible local agent through the utilization
The inspection report shall be valid for 90 days       of any informal step of the enforcement process
unless extended by the director of inspections.        shall not invalidate a final notice to repair which
                                                       has been properly issued.
   (b) Copy of the report given to buyer. Prior to
                                                       (Code 1975, § 4-78(15); Code 2002, § 10-306)
the closing of a sale, assignment or transfer of
interest in a dwelling unit or residential property
                                                       Secs. 10-307—10-325. Reserved.
subject to a neighborhood enterprise zone
certificate, the owner shall furnish a copy of the
inspection report to the buyer, assignee or                          Subdivision II. Violations
                                                       Sec. 10-326. Enforcement process.
   (c) Certificate of compliance required for sale.
No such dwelling unit or residential property             (a) Except for emergency or hazardous situa-
subject to a neighborhood enterprise zone              tions, the enforcement of the standards of this
certificate shall be sold, including sales by land     article will normally consist of the following four
contract or the full purchase price, and further       steps:
including leases with option, until the inspection          (1)   An informal notice of complaint.
has occurred and a certificate of compliance is
issued showing compliance with all local construc-          (2)   An informal notice of repair.
tion and safety codes.                                      (3)   An official violation notice entitled as a
                                                                  final notice to repair.
  (d) Fees. No inspection shall be made without
the payment of the fee established by the city.             (4)   Prosecution or other appropriate legal
(Code 1975, § 4-80; Code 2002, § 10-303)                          action.

Supp. No. 6                                       CD10:25
§ 10-326                                     MUSKEGON CITY CODE

   (b) Failure of the city to reach the owner,               (2)   Specify the address where the violation
occupant or responsible local agent through the                    was found.
utilization of any informal step of the enforce-
ment process shall not invalidate any required               (3)   Include the description and the location
step of the process, nor shall such failure be used                of each violation observed by the inspec-
as a ground for appeal to the housing board of                     tor.
appeals or as a defense to any legal action                  (4)   State that each violation is a separate
brought for violation of this article.                             punishable offense.
(Code 1975, § 4-78(2); Code 2002, § 10-326)
                                                             (5)   Order the owner, occupant or responsible
Sec. 10-327. Notice of complaint.                                  local agent to correct all listed violations
                                                                   by a specific date.
   (a) When an alleged violation of the standards
of this article is reported, and the owner has a             (6)   State that a reinspection will be made to
valid certificate of compliance, the city shall                    determine whether all violations have
send a notice of complaint to the owner, occupant                  been corrected by the date specified, and
or responsible local agent. A copy of the notice of                to set a date and time for the next
complaint may be mailed to the complainant                         inspection.
when appropriate. The notice shall state:                    (7)
                                                               Notify the owner, occupant or responsible
  (1)      That a complaint has been made.                     local agent of the right of appeal before
                                                               the housing board of appeals.
  (2)      The nature of the alleged violation.         (Code 1975, § 4-78(4); Code 2002, § 10-328)
  (3)      The provision of this article indicated as
           being violated.                              Sec. 10-329. Time to correct violation.
  (4)      That the owner is to look into the matter       All notices to repair or correct violations of
           and if the problems exists, correct them     this article shall provide a specified time for
           and give a time period of when they are      achieving compliance in relation to the serious-
           to be corrected.                             ness of the violation. If more than 30 days is
   (b) When an alleged violation of the standards       needed to remedy all violations, then a timeline
of this article is reported, and the owner does not     will need to be submitted to the inspections
have a valid certificate of compliance, the city        department for approval. In determining the
shall send a notice of complaint to the owner,          compliance time, the following shall be taken
occupant or responsible local agent. A copy of the      into consideration:
notice of complaint may be mailed to the complain-           (1)   The complexity of the corrections required.
ant when appropriate. The notice shall state:
                                                             (2)   Whether or not there is an immediate
  (1)      That a complaint has been made.
                                                                   threat to life, health or safety.
  (2)  That an inspection will be made and will
       give a date and time of the inspection.               (3)   Repair of orders issued between October
(Code 1975, § 4-78(3); Code 2002, § 10-327)                        31 and April 1 for exterior painting, or
                                                                   for any other exterior work adversely
                                                                   affected by cold or snow, shall provide
Sec. 10-328. Notice to repair.
                                                                   additional time for the completion of
  Upon observing the existence of a violation of                   such work, but in no case longer than
the standards of this article, the city shall send a               June 30.
notice to repair to the owner, occupant or
                                                             (4)   The administrator may approve an
responsible local agent. The notice to repair
                                                                   increase of the time by a written notice
                                                                   when there are extenuating circumstances
  (1)      Specify the date of inspection.                         where the owner, occupant or responsible

Supp. No. 6                                        CD10:26
                                 BUILDINGS AND BUILDING REGULATIONS                                 § 10-334

        local agent has made a substantial             the owner, occupant or responsible local agent
        documented and timely effort to correct        and all occupants of the dwelling of the nature of
        violations.                                    the condition. The city shall immediately attempt
                                                       to verbally order the owner, occupant or
  (5)  No other extensions or further exten-
                                                       responsible local agent to correct the condition.
       sions shall be permitted, except by orders
                                                       Any such verbal order shall be effective
       of the housing board of appeals for good
                                                       immediately. Written notice called for by this
       cause shown.
                                                       article shall be prepared and mailed to the
(Code 1975, § 4-78(5); Code 2002, § 10-329; Ord.
                                                       owner, occupant or responsible local agent as
No. 2392, § 1, 9-11-2018)
                                                       soon as practicable after verbal notice herein
                                                       referred to has been attempted. Failure to comply
Sec. 10-330. Final notice to repair.
                                                       with an emergency order is a violation of this
   Upon observing the continued existence of a         article.
violation of the standards of this article as stated   (Code 1975, § 4-78(8); Code 2002, § 10-331)
in a final notice to repair, the city shall send a
final notice to repair to the owner, occupant or       Sec. 10-332. Abatement of emergency.
responsible local agent. The final notice to repair
shall be sent by mail to the last-known address           If the owner, occupant or responsible local
of the residence or business of the owner, occupant    agent cannot be contacted or fails to correct an
or to the responsible local agent. The notice          emergency condition within the time ordered,
shall:                                                 the city manager or his authorized representa-
                                                       tive may authorize corrective actions to abate
  (1)   Specify the date of the inspection.            the emergency.
  (2)   Specify the address where the violation        (Code 1975, § 4-78(9); Code 2002, § 10-332)
        was found.
                                                       Sec. 10-333. Inspection entry authorized.
  (3)   Include the description and the location
        of each violation observed by the inspec-         Authorized inspections inside a dwelling, dwell-
        tor.                                           ing unit or accessory structure shall be made
  (4)   State that each violation is a separate        during reasonable hours. Entry without the
        punishable offense.                            consent of an owner, an occupant or a responsible
                                                       local agent shall require an order of the court as
  (5)   Order the owner, occupant or responsible       provided by state law.
        local agent to correct all listed violations   (Code 1975, § 4-78(10); Code 2002, § 10-333)
        by a specified date.
  (6)   State that a reinspection will be made to      Sec. 10-334. Change in ownership.
        determine whether all violations have
        been corrected by the specified date.             An owner or responsible person of a property
                                                       cited as being in violation of a provision of this
  (7)   State that failure to comply with the          article shall notify the city in writing within ten
        notice will result in prosecution.             days of transferring ownership of the cited
  (8)  Inform the owner, occupant or responsible       property to another person. The notice to the city
       local agent of the right of appeal before       shall include the name, address and phone number
       the housing board of appeals.                   of the new owner and the effective date of the
(Code 1975, § 4-78(6); Code 2002, § 10-330)            transfer of ownership. The city shall immediately
                                                       issue a new final notice to repair to any new
                                                       person assuming the ownership or the status of
Sec. 10-331. Emergency orders.
                                                       responsible person for any dwelling which has
   If the city determines that a condition exists      been cited in a final notice to repair. An owner or
or is likely to exist which is an emergency, the       responsible person who has failed to comply with
city shall immediately attempt to verbally inform      a final notice to repair shall not be relieved of the

Supp. No. 6                                       CD10:27
§ 10-334                                     MUSKEGON CITY CODE

responsibility of having violated any provision of       not removed or concealed or if a written state-
this article by transferring ownership or                ment authorizing the presence of the graffiti is
responsible person status.                               not filed with the department within five days
(Code 1975, § 4-78(12); Code 2002, § 10-334)             after the notice is posted, excluding Saturdays,
                                                         Sundays and legal holidays, the department or
Sec. 10-335. Recurrent violation.                        its agent or contractor shall have authority to
                                                         enter or access the property and abate the
   The occupant, owner or responsible local agent
                                                         nuisance by removing or concealing the graffiti.
who violates a specific provision or standard of
this article in or about the same building three            (c) Nothing in this section shall prevent the
times in any 12-month period or who does not             city from taking any other enforcement action
correct a cited violation after being notified with      authorized by law.
a notice to repair and a final notice to repair or
                                                            (d) The term graffiti means an inscription,
after being convicted for the violation shall be
                                                         drawing, mark or design that is painted, sprayed
considered to be willfully violating the provi-
                                                         or drawn directly upon the exterior of any build-
sions of this article and to be causing undue cost
                                                         ing or other structure and is visible from the
to the city in administering this article. In these
                                                         public way; provided that, graffiti shall not
cases, the city shall:
                                                         include any sign permitted by the zoning code or
  (1)      Issue a final notice to repair after          any decoration that is part of the architectural
           determining that a violation still or again   design of the building or structure.
           exists.                                       (Ord. No. 2131, § 1, 5-11-2004)
  (2)  Use the shortest time period permitted
       for correction of the violation.                  Secs. 10-337—10-350. Reserved.
(Code 1975, § 4-78(13); Code 2002, § 10-335)
                                                                 Subdivision III. Rental Property
Sec. 10-336. Graffiti removal;            nuisance
             abatement.                                  Sec. 10-351. Registration of rental dwell-
   (a) As defined in this section, graffiti is hereby
declared to be a public nuisance. The owner of              (a) Required. All rental dwellings shall be
record, or the person in charge, possession or           registered with the city. If the owner does not
control of any building or structure upon which          reside within 30 miles of the city, he shall
graffiti is placed or affixed shall, upon the appear-    designate a responsible local agent who shall be
ance of the graffiti:                                    responsible for operating such dwelling in compli-
                                                         ance with the law, including this article. All
  (1)      Cause such graffiti to be removed or
                                                         official notices may be served on the responsible
           concealed; or
                                                         agent, and any notice so served shall be deemed
  (2)      Place on file a written statement authoriz-   to have been served upon the owner of record.
           ing the presence of the graffiti at the       Each owner or responsible local agent shall
           department of leisure services.               maintain a current list of the number of occupants
                                                         of each rental dwelling for which he is responsible.
   (b) Whenever any nuisance in the form of
                                                         A rental unit certificate of compliance shall not
graffiti shall be found on any building or other
                                                         be issued if the registration provisions of this
structure, the department of leisure services, or
                                                         article are not complied with.
its agent or contractor, shall attempt to obtain
consent from the owner for the city's graffiti             (b) Deadline for registration; failure to comply.
removal services. If such attempt to contact the         All rental dwellings existing as of the effective
owner is not successful, the department shall            date of the ordinance from which this article is
post a notice in a prominent place upon the              derived shall be registered no later than six
building or structure where the graffiti is found        months after the effective date of this article.
and such notice shall state that, if the graffiti is     The city shall order registration prior to that

Supp. No. 6                                         CD10:28
                                 BUILDINGS AND BUILDING REGULATIONS                                    § 10-351

date for any dwelling cited in a notice required       owners who let for occupancy premises in the
by this article. Failure to comply with such an        city in the amount and for the purposes provided
order is a violation of this article.                  below.

   (c) Registry of new rental dwellings. The owner          (1)   Minimum coverage; use of insurance
of a new rental dwelling or of any dwelling newly                 proceeds. All property owners owning
converted to a rental dwelling shall register the                 property in the city shall be required to
rental dwelling prior to allowing occupancy of                    obtain a minimum of $10,000.00 in dwell-
any new rental units.                                             ing fire insurance. Further, in the event
                                                                  of any fire or loss covered by such insur-
   (d) Change in register information. The owner                  ance, it shall be the obligation of the
of rental dwellings already registered with the                   property owner to use such insurance
city or their responsible local agent shall register              proceeds to cause the restoration or
within 60 days after any change occurs in registra-               demolition or other repair of the property
tion information. If a change in ownership occurs,                in adherence to the city code and all
the new owner will be required to apply for a new                 applicable ordinances.
certificate of compliance pursuant to section
                                                            (2)   Property owners to provide city with insur-
                                                                  ance information. All property owners
  (e) Application; contents. Application for                      shall be required to place their insurance
registration shall be made in such form and in                    company name, policy number and policy
accordance with such instructions as may be                       expiration date on their rental unit
provided by the administrator and shall include:                  registration form, or in the alternative,
                                                                  to provide the city with a copy of their
  (1)   The address of the rental dwelling.                       actual dwelling fire insurance policy. A
  (2)   The number of dwelling units, the number                  registration certificate shall not be issued
        of rooming units and the number of hotel                  to any person unless the aforementioned
        units in the dwelling and the number of                   information has been provided. Violation
        bedrooms in each individual unit.                         of this section shall result in suspension
                                                                  of a registration certificate. The city
  (3)   The name, residence address, business                     shall be informed of any change in poli-
        address, business phone number and                        cies for a particular rental unit or cancel-
        personal phone number of the owner.                       lation of a policy for said property within
                                                                  ten days of said change or cancellation.
  (4)   The name, residence address, business
        address, business phone number and                  (3)   Alternative escrow option. In lieu of obtain-
        personal phone number of the manager                      ing dwelling fire insurance as outlined in
        and responsible local agent designated                    this section, landlords who own one or
        by the owner.                                             more single-family dwelling units may
                                                                  put into escrow with the city funds suf-
  (5)   The address where the owner or                            ficient to cover the cost of potential future
        responsible local agent will accept notices               fire demolition, as follows:
        or orders from the city.
                                                                  i.     A minimum escrow amount of
  (6)   The driver's license or state identifica-                        $10,000.00, plus an administrative
        tion number of the owner or responsible                          fee as required.
        local agent and the state in which the                    ii.    The funds in escrow can be
        license or ID was issued.                                        withdrawn for the sole purpose of
  (f) Dwelling fire insurance. In order to protect                       demolition or restoration of a home
the health, safety and welfare of the residents of                       that has been damaged by fire.
the city, it is hereby declared that the city shall               iii.   If, after a fire, the home is declared
require dwelling fire insurance for all property                         a dangerous building, and the

Supp. No. 6                                       CD10:29
§ 10-351                                     MUSKEGON CITY CODE

                 landlord fails to repair or demolish    the responsibility of the owner asking to be
                 the home as required, the city may      exempted from the rental dwelling registration
                 use the escrow funds to perform the     requirement to provide satisfactory proof to the
                 demolition, pursuant to the process     city of the existence of the familial relationship
                 as outlined in Chapter 10, Article      between owner and resident of the dwelling, as
                 III Dangerous Buildings of the        well as allow the inspections department to
                 city code. In addition to the cost of   make an exterior inspection and correct any
                 demolition, the city shall deduct       violations identified during the exterior inspec-
                 from the escrow funds all fees and      tion pursuant to section 10-329.
                 fines associated with the dangerous     (Code 1975, § 4-82; Code 2002, § 10-351; Ord. No.
                 building proceedings.                   2304, 2-28-2012; Ord. No. 2333, 1-13-2015; Ord.
           iv.   Landlord must replenish the full        No. 2335, 3-10-2015; Ord. No. 2344, 8-25-2015;
                 escrow amount within ten business       Ord. No. 2392, § 2, 9-11-2018)
                 days after withdrawal by the
                 landlord or the city.                   Sec. 10-352. Certificate of compliance for
           v.    The city shall retain any interest                   rental dwellings.
                 accrued/earned on the funds in
                 escrow to compensate for its               (a) Required. Rental dwellings shall not be
                 administrative costs.                   occupied without a certificate of compliance or a
           vi.   The city shall return the escrow        temporary certificate of compliance.
                 funds upon sale of all rental proper-
                 ties or proof of dwelling fire insur-      (b) Issuance. The city shall issue a certificate
                 ance on all properties, as required     of compliance for a rental dwelling when the city
                 pursuant to subsection (f)(2) above.    finds that the rental dwelling, its units and
                                                         accessory structures and yards comply with the
   (g) Inaccurate or incomplete register informa-
                                                         standards set forth in this article. It is the
tion. It shall be a violation of this article for an
                                                         owners responsibility to ensure that a full and
owner or a responsible local agent to provide
                                                         complete copy of the certificate of compliance
inaccurate information for the register of rental
                                                         remain at the rental dwelling at all times. A
dwellings or to fail to provide information required
                                                         certificate of compliance issued under this subsec-
by the city under subsection (e) of this section. In
                                                         tion shall be nontransferable. No certificate of
those cases in which the owner or responsible
                                                         compliance shall be issued or retained unless/
local agent is not a natural person, the informa-
                                                         until all of the following fees and debts to the city
tion required for the register shall be provided
                                                         have been paid in full:
for the organization owning the rental dwelling
and for the president, general manager or other
                                                              (1)   All previously billed property taxes;
chief executive officer of the organization. Where
more than one natural person has an ownership
                                                              (2)   All current or past due special assess-
interest, the required information shall be
                                                                    ment installments;
provided for each owner.
   (h) Exemption from registration requirement.               (3)   Water or sewer bills outstanding;
Dwellings that are not owner-occupied, but are
occupied by a grandparent, parent, child or                   (4)   All charges against the property for
current spouse of the owner are exempt from the                     mowing, cleanup, weed or debris removal
rental registration requirements outlined in this                   and similar charges by the city; and
section. This exemption is limited to single-
family residential dwellings, as well as duplexes             (5)   Any fees, fines, penalties or debts of any
if both occupants are occupied by a grandparent,                    sort arising from the provisions or enforce-
parent, child or current spouse of the owner. It is                 ment of this chapter.

Supp. No. 6                                         CD10:30
                                  BUILDINGS AND BUILDING REGULATIONS                                  § 10-352

  (c) Temporary certificates.                           section. The administrator may authorize up to
                                                        eight additional months on the certificate of a
  (1)   Where a certificate of compliance is
                                                        dwelling for the sole purpose of balancing inspec-
        required, the city may issue a temporary
                                                        tion workloads for the city.
        certificate of compliance for the following
        reasons only:                                      (e) Expiration. Certificates of compliance and
        a.    For a newly registered rental dwell-      temporary certificates of compliance may not be
              ing until such time as the city is        extended beyond their expiration dates except as
              able to make a compliance inspec-         may be permitted in subsections (c) or (d) of this
              tion;                                     section to enable the department of inspections
                                                        to balance inspection workloads.
        b.    To enable the city to balance compli-
              ance inspection work loads;                  (f) Length of time certificate of compliance is
                                                        valid. Any new certificate of compliance issued
        c.    To coincide with compliance time          to an owner for a dwelling shall have an expira-
              periods set forth in a notice citing      tion date six or three years, pursuant to subsec-
              violations of this article if such        tion (d) of this section, from the date of issuance,
              periods extend beyond the expira-         except that if a temporary certificate has been
              tion date of a certificate;               previously issued, the certificate shall expire six
        d.    A temporary certificate of compli-        or three years from the date the temporary
              ance may be issued if an appeal           certificate was issued.
              contesting the obligation to pay the           (g) Suspension.
              charges set forth in subsections (b)(2)
              through (b)(5) of this section is pend-        (1)   The director of inspections shall suspend
              ing, and the appeal is bona fide and                 a certificate of compliance if the owner or
              pursued to a timely conclusion.                      responsible local agent has not complied
              Thereafter, the property must qualify                with a complaint notice. The administra-
              for a permanent certificate of                       tor shall issue a notice of suspended
              occupancy, and the temporary                         certification to the owner or responsible
              certificate shall be revoked. No                     local agent. The notice of suspended
              temporary certificate may be issued                  certification will inform the owner or
              if amounts due under subsection                      responsible local agent:
              (b)(1) of this section are unpaid.                   a.   That the certificate of compliance
  (2)   No temporary certificate of compliance                          has been suspended as of the date of
        shall be issued if any of the amounts set                       the notice.
        forth in subsections (b)(2) through (b)(5)                 b.   Of the reason for the suspension.
        of this section are unpaid and are not the                 c.   That it is unlawful for any rental
        subject of a bona fide timely appeal, or if                     unit to continue to be occupied for
        there are significant health and safety                         more than 60 days after the date of
        defects present on the premises constitut-                      suspension of the certificate of
        ing an imminent danger to life, health or                       compliance, or, if substantial and
        property.                                                       immediate danger to life, health or
   (d) Validity. A certificate of compliance shall                      safety exists, that no occupancy may
be valid for six years, provided no violation of                        occur after the suspension and the
any provision of the city ordinances is found. If a                     property shall be immediately
violation of a provision of the city ordinance is                       vacated.
found, then the certificate of compliance shall be                 d.   That any rental unit which is vacant
valid for three years. The certificate of compli-                       at the time of suspension or which
ance shall be valid for all rental units, unless                        becomes vacant during the period of
suspended as set forth in subsection (g) of this                        suspension shall not be rented or

Supp. No. 8                                        CD10:31
§ 10-352                                   MUSKEGON CITY CODE

               reoccupied until the certificate of     compliance with safety, structure and fire laws,
               compliance is reinstated or a new       identify business activities and establishments
               certificate of compliance is issued.    which affect or involve matters related to traffic,
                                                       congestion, occupancy and density of occupancy,
  (2)      Failure to comply with the terms of
                                                       the physical condition of places where persons
           suspension as set out in this subsection
                                                       are renting as short-term vacation rentals, and
           shall be a violation of this article.
                                                       the enforcement of the law, including local, state
   (h) Reinstatement of suspended certificate of       and federal laws, rules and regulations, applying
compliance. A suspended certificate of compli-         to short-term vacation rentals located in the city.
ance shall be reinstated if the city determines
                                                          (b) Definitions. In addition to the definitions
that a rental dwelling has been brought into
                                                       provided for in section 10-281, the following
compliance with the standards of this article and
                                                       terms shall mean:
that the charges made under subsection (b) of
this section have been paid. The city shall notify        Business activity means the advertising for
the owner or responsible agent by regular mail,        lease or rental of any structure for a short-term
noting the reinstatement of the certificate of         vacation rental.
compliance of the rental dwelling. Reinstate-
ment of the certificate shall not extend or change          Family means:
the expiration date of the certificate. A reinstate-        (1)   An individual or group of two or more
ment fee and all inspection fees and amounts to                   persons related by blood, marriage, or
be determined by the city commission shall be                     adoption, together with foster children
paid by the owner prior to reinstatement of the                   and attendants of the principal occupants
certificate.                                                      who are domiciled together as a single
  (i) Appeal. Suspension of a certificate of compli-              housekeeping unit in a dwelling unit; or
ance may be appealed to the housing board of                (2)   A collective number of individuals
appeals as provided for in this article.                          domiciled together in one dwelling unit
   (j) Notifying tenants of suspended certificate.                whose relationship is of a continuing,
The city shall send a copy of a notice of suspended               non-transient domestic character and who
certificate to each dwelling unit within a certi-                 are cooking and living as a single nonprofit
fied rental dwelling. The copy shall be addressed                 housekeeping unit. This definition shall
to occupant and shall be sent by regular mail.                  not include any society, club, fraternity,
Failure of an occupant to receive a copy shall not                sorority, association, half-way house, lodge,
invalidate any other proceedings authorized by                    coterie, organization, group of students,
this article.                                                     or other individuals whose domestic
                                                                  relationship is of a transitory or seasonal
   (k) Certification fees. The director of inspec-                nature, or is otherwise not intended to be
tions, subject to approval by the city commission,                of a permanent nature. Said definition
shall establish and charge a uniform and reason-                  shall not apply in instances of group care
able fee for certification from time to time.                     centers or state licensed residential facili-
(Code 1975, § 4-83; Code 2002, § 10-352; Ord. No.                 ties as established under P.A. 395 of
2052, 8-28-2001; Ord. No. 2346, 9-22-2015; Ord.                   1976.
No. 2392, § 3, 9-11-2018)
                                                            (3)   Living arrangements which would
                                                                  otherwise comply with the description of
Sec. 10-353. Short-term vacation rentals.
                                                                  a family shall not constitute a family if
   (a) Purpose. This section, concerning the                      the said arrangements have occurred as
registration of short-term vacation rentals in the                a result of commercial or other advertis-
city, is enacted to protect the health, safety and                ing, or the offering of rooms for rent. Any
welfare of persons in the city by providing the                   financial arrangement, except a true shar-
city with the information necessary to ensure                     ing of the expenses of all the facilities in

Supp. No. 8                                       CD10:32
                                 BUILDINGS AND BUILDING REGULATIONS                               § 10-353

        the single household unit shall be            by the director of public safety or his designee,
        presumed to constitute renting a room or      which shall contain at least the following informa-
        rooms and to have resulted from the           tion:
        offering of rooms for rent or commercial
        or other advertising. Where rooms have          (1)   The full names, business addresses and
        been rented, or persons live in the house             residence addresses of the owners,
                                                              proprietors, officers and local addresses
        in response to commercial advertising or
                                                              of all owners, proprietors and officers
        the offering of rooms for rent, the living
                                                              and managers of the applicant's busi-
        arrangement shall be presumed to
                                                              ness; the names and addresses of each
        constitute a rooming house and not a
                                                              officer, if the applicant is a corporation;
        family. A person claiming the status of
                                                              the names and addresses of all partners,
        family shall have the burden of proof of
                                                              if a partnership; and the names and
        each of the elements set forth in the
                                                              addresses of all members, if a limited
        relevant definitions of this section.
                                                              liability corporation.
  Remuneration means the act of paying or               (2)   A list of all assumed, trade or firm names
compensating a person for use of a short-term                 under which the registered applicant
vacation rental.                                              intends to do business.

   Short-term vacation rental means a com-              (3)   The location of the short-term vacation
mercial use which is subordinate to the residential           rental.
use of a dwelling unit, in which a tenant is
                                                        (4)   The name, telephone number, address,
allowed to lease the dwelling unit or a portion of            e-mail address and cell phone number for
the dwelling unit for periods of less than one                text messages of the person to notify in
calendar month but more than 24 hours in                      the event of an emergency.
return for remuneration. The rental of transitional
houses operated by a charitable organization,            (e) Terms. Each certificate of short-term vaca-
group homes such as nursing homes, and adult          tion rental registration issued pursuant to this
foster care homes, substance abuse rehabilita-        chapter shall be for a duration not to exceed one
tion clinics, mental health facilities and other      year and shall terminate on April 30, following
similar health care related facilities shall not be   issuance thereof.
considered short-term vacation rentals.
                                                         (f) Renewal. Any certificate of short-term vaca-
  Short-term vacation rental unit means a dwell-      tion rental registration issued under this section
ing unit used for at least one short-term rental      must be renewed in the manner set forth in this
within a calendar year.                               article on or before April 30 of each year of
                                                      existence of the short-term vacation rental.
   (c) Requirements. No person shall operate or       Applications for renewal of a certificate of short-
conduct, maintain or manage or advertise for          term vacation rental registration shall be filed,
lease a short-term vacation rental establishment      considered and issued in the same manner as an
without first obtaining a certificate of short-term   original application.
vacation rental registration in the manner
provided in this chapter and if the owner has           (g) Fees. The fee for a certificate of short-term
more than three short-term vacation rental            vacation rental registration and the fees for
establishments a business registration.               annual renewals thereof shall be set from time to
                                                      time by resolution of the city commission.
   (d) Application procedure. An applicant for a      Registration fees not paid within 30 days of the
certificate of short-term vacation rental registra-   due date will be subject to a late fee of $15.00 per
tion shall make application to the director of        month for each month up to a maximum of six
public safety or his designee on a form prescribed    months, at which time all fees and late fees are

Supp. No. 8                                     CD10:32.1
§ 10-353                                       MUSKEGON CITY CODE

due. Municipal civil infraction violation may be                   on the premises, and prevent unlawful
issued each day after May 31 until the registra-                   conduct thereon. The holder of the
tion is submitted and fees are paid.                               certificate of short-term vacation rental
                                                                   registration shall be responsible for insur-
   The city may use the fee only for expenses                      ing that everyone staying at the short-
relating to issuance of the certificate short-term                 term rental unit is aware of and complies
vacation rental registration and the purchasing                    with all relevant city ordinance, especially
of amenities located in the city's parks likely to                 relating to recreational fires, parking,
be used by tenants of short-term vacation rent-                    fireworks, noise and trash.
als. Any fees not expended within the fiscal year
from collection shall be held in a separate city             (4)   Payment of amounts owed city. All personal
account which may only be used for amenities or                    property taxes and outstanding debts to
located in the city's parks likely to be used by                   the city, including, without limitation,
tenants of short-term vacation rentals.                            fees for inspections or property services,
                                                                   water or sewer bills, municipal civil infrac-
   (h) Display. Any certificate of short-term vaca-                tion fines applicable to the business or its
tion rental registration issued pursuant to this                   premises, current special assessment
section shall be prominently displayed in the                      installments, but not including real
business establishment on the back of the front                    property or income taxes, due at the time
door or the back of the door at the main entrance.                 of issuance or renewal of a certificate
  (i) General conditions for issuance and continu-                 related to the business activity or
ing in effect.                                                     establishment must be paid in full.
                                                             (5)   Standards in chapter. Each holder of a
  (1)      Compliance with other governmental
                                                                   certificate of short-term vacation rental
           requirements; preemption. No certificate
                                                                   registration shall comply with the require-
           of short-term vacation rental registra-
                                                                   ments found in additional applicable sec-
           tion shall be issued or continued in effect
                                                                   tions of this chapter.
           for any person who has failed to pay the
           excise tax on business of providing accom-        (j) Additional conditions for issuance.
           modations pursuant to MCL 141.861.
                                                             (1)   Compliance with applicable codes and
           The fact that a person has received a
                                                                   regulations. Any person applying for or
           license or permit from the United States,
                                                                   holding a certificate of short-term vaca-
           the state, the county, or other
                                                                   tion rental registration under this sec-
           governmental entity for the short-term
                                                                   tion shall demonstrate to authorized city
           vacation rental shall not exempt such
                                                                   personnel that the business establish-
           person from the requirements of this
                                                                   ment registered under this chapter
                                                                   complies with all construction and fire
  (2)      Compliance with all other laws. A holder                and safety codes of the city, all applicable
           of a certificate of short-term vacation                 health and safety laws, zoning laws and
           rental registration must be in continuing               environmental laws and regulations of
           compliance with all local, county, state                the city, the county, the state, or the
           and federal laws relating to rental proper-             United States, and including all provi-
           ties as a condition of issuance or continued            sions of this chapter. Further, affiant
           effect of a certificate of registration under           shall comply with special conditions
           this chapter.                                           promulgated pursuant to subsection (j)(2)
                                                                   of this section.
  (3)      Conditions and activities on the premises.
           The holder of a certificate of short-term         (2)   Special conditions. In connection with
           vacation rental registration shall maintain             the registrations pursuant to this sec-
           a clean, neat and orderly establishment,                tion, regulations which are particularly
           take reasonable steps to provide security               adapted and appropriate to the business

Supp. No. 8                                          CD10:32.2
                                 BUILDINGS AND BUILDING REGULATIONS                              § 10-371

        activity or establishment so registered                    Subdivision IV. Appeals
        shall be promulgated by the city, approved
        by the city commission, and attached to        Sec. 10-371. Housing board of appeals.
        or printed upon the registration issued.
        Such attachments and adoptions shall              (a) Creation and purpose. A housing board of
        not be required for codes, ordinances and      appeals is created for the purpose of hearing and
        other regulations of general applicability     deciding appeals concerning the application or
                                                       interpretation of the provisions of the standards
        which are in effect from time to time in
                                                       of this article as provided in this subdivision.
        the city and which affect the registered
        business. These regulations shall be              (b) Membership, appointments and terms of
        uniform for all short-term vacation rent-      members. The housing board of appeals for the
        als.                                           city shall have the general duties and powers
                                                       conferred upon it by law and this article. The
        Campers, recreational vehicles, tents or       housing board of appeals shall consist of seven
        any other temporary housing shall be           members appointed by the mayor and confirmed
        prohibited at a short-term vacation rental,    by the city commission. The director of inspec-
        except the structure inspected and permit-     tions shall act as secretary to the housing board
        ted by the city. Noncompliance with this       of appeals. Each member of the housing board of
        sub-section may result in a civil infrac-      appeals shall be a resident of the city during his
        tion for the renter, owner and/or revoca-      entire terms. Terms of members shall be for
        tion of the certificate of short-term          three years, which terms have been staggered
        vacation rental registration.                  from the time of the original creation of the
                                                       board by law.
   (k) Inspections. Every business establish-
ment registered shall afford authorized person-          (c) Board officers. Housing board of appeals
nel from the city full access to the premises for      members will annually elect a president, vice-
the purpose of inspection to determine compli-         president and such other officers as are deemed
ance with the registration which has been issued,      desirable by the housing board of appeals.
for determination in connection with the applica-         (d) Meetings. Meetings of the housing board
tion for the issuance of the registration, and to      of appeals shall be scheduled at least once a
determine continuing compliance with all               month. All meetings and notices of meetings of
ordinances, codes and statutes applicable to the       the housing board of appeals and its committee
premises, the business establishment or the            shall comply with the open meetings act (MCL
business activity. In the case of a proposed           15.261 et seq.).
revocation or suspension, the holder of the
registration shall afford reasonable opportunity          (e) Interest conflicts. No member of the hous-
for inspection by the city.                            ing board of appeals shall speak or vote on any
                                                       appeal in which the member has any direct
   (l) Denial, revocation, suspension and procedure    personal or financial interest, nor shall any
for revocation or suspension. Holders of a             member participate in any matter where participa-
certificate of short-term vacation rental registra-    tion is prohibited by the city Charter or state
tion may be denied, suspended, or revoked by the       law.
director of public safety and the business registra-     (f) Board rules of procedure. The housing
tion by the city clerk, both of whom shall follow      board of appeals may adopt rules of procedure as
the procedures provided for in section 50-43 of        required to carry out the responsibilities and the
this Code.                                             provisions of this article.
(Ord. No. 2401, § 1, 3-12-2019)
                                                         (g) Summary of rulings. The housing board of
                                                       appeals shall report a summary of its findings
Secs. 10-354—10-370. Reserved.                         and rulings to the city commission annually. The

Supp. No. 8                                      CD10:32.3
§ 10-371                                  MUSKEGON CITY CODE

report shall include a summary of recurrent           form. The city will send a notice to the appellant
appeals or recurrent problems along with resultant    regarding the date the appeal will be heard by
recommendations for modifications of this article.    the housing board of appeals. Notices of the
(Code 1975, § 4-84(a), (g), (l)—(p); Code 2002,       hearing date will be by regular mail sent to the
§ 10-371)                                             address stated on the claim of appeal. Failure of
                                                      any owner, occupant or responsible local agent to
Sec. 10-372. Appeal authorized.                       receive notice will not cause the hearing or the
                                                      decision of the housing board of appeals to be
  Except as otherwise provided in this article,       defective. The city shall notify the occupants of
any person issued an order by the city in the         the affected premises of the hearing by regular
course of enforcement of the provisions of this       mail or by placing a notice in the entryway of the
article or any other person affected by a city        dwelling unit. Any person requesting a claim of
order or ruling issued pursuant to authority          appeal form shall be notified of the standards for
granted by this article, has the right to appear      housing board of appeals decisions set out in
before the housing board of appeals to appeal the     section 10-377.
decision or interpretation made by the city. All      (Code 1975, § 4-84(e); Code 2002, § 10-375)
appeals shall be filed, heard and decided in
accordance with the provisions of this article.
                                                      Sec. 10-376. Appeal fee.
(Code 1975, § 4-84(b); Code 2002, § 10-372)
                                                         An appeal fee established by resolution of the
Sec. 10-373. Time period for filing an                city commission shall be submitted with any
             appeal.                                  claim of appeal. The appeal fee shall be waived
                                                      for an applicant whose annual income is below
   An appeal must be filed within 20 days of the
                                                      the poverty level as established and modified
date of any order or ruling being appealed.
                                                      from time to time in the annual poverty income
However, if an order required the correction of a
                                                      level established by the Department of Housing
cited violation within a shorter period of time,
                                                      and Urban Development of the United States.
the appeal must be made within such shorter
                                                      The housing appeal board may also authorize
period. The housing board of appeals shall not
                                                      the return of a fee to an appellant if the board
have the power to extend the time limits provided
                                                      determines that an error by the city caused an
for in this section.
                                                      unnecessary appeal to be submitted.
(Code 1975, § 4-84(c); Code 2002, § 10-373)
                                                      (Code 1975, § 4-84(f); Code 2002, § 10-376)
Sec. 10-374. Effect of appeal on correction
                                                      Sec. 10-377. Hearing procedures.
             time limits.
  An owner, occupant or responsible local agent         At any hearing of the housing board of appeals,
who has been ordered to correct a violation           the following procedures shall be followed:
within a specified period of time shall not be held     (1)   Testimony of the appellant, the city and
accountable for any time which elapses between                any witnesses shall be recorded.
the time of filing an appeal and the time a
decision is made by the housing board of appeals.       (2)   The appellant or authorized agent of the
(Code 1975, § 4-84(d); Code 2002, § 10-374)                   appellant and the city employee who
                                                              issued the order, notices or ruling shall
                                                              be present.
Sec. 10-375. Procedure for filing an appeal.
                                                        (3)   A quorum of the housing board of appeals
    Any person wishing to make an appeal must
                                                              shall be present.
fill out a claim of appeal form setting forth the
order or ruling being appealed. The appellant           (4)   Minutes shall be prepared which identify
must file the form with the city at a place to be             all parties present, accurately sum-
designated by the housing board of appeals and                marize all pertinent statements made,
which shall be noted on the claim of appeals                  include all evidence and records submit-

Supp. No. 8                                     CD10:32.4
                                BUILDINGS AND BUILDING REGULATIONS   § 10-379

       ted and show all motions and actions and
       records of the vote of each member of the
       housing board of appeals.
(Code 1975, § 4-84(h); Code 2002, § 10-377)

Sec. 10-378. Decision by the appeals board.
   After all evidence and testimony has been
presented, the housing board of appeals shall
affirm, modify or reverse the order or ruling
being appealed. Any decision of the housing
board of appeals modifying or reversing an order
or ruling by the city shall require the concurring
vote of a quorum.
(Code 1975, § 4-84(i); Code 2002, § 10-378)

Sec. 10-379. Standard for appeals board
  A decision by the housing board of appeals
shall include the reasons for the decision in the
language of the decision. Any decision of the

Supp. No. 8                                    CD10:32.5

Top of Page