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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-
below.
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
mittee.
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
2019)
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-
tion.
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
notices.
issued.
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
transferee.
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
shall:
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-
ings.
(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-
10-352.
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
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
decisions.
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
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