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. Reserved
Secs. 10-401—10-500. Reserved.
Division 4. International Property Maintenance Code
Sec. 10-501. International Property Maintenance Code of 2021.
Sec. 10-502. Amendments, deletions, etc.
Sec. 10-503. Supersession; savings clause.
Supp. No. 16 CD10:3
BUILDINGS AND BUILDING REGULATIONS § 10-31
ARTICLE 1. IN GENERAL (d) In the enforcement of the codes and ordi
nances described in this section, the director of
See. 10-1. Registration of contractors. inspections and those employees of the depart
Any contractor applying for a permit under any ment of inspections delegated enforcement author
construction code of the city shall, upon applica ity shall have the authority provided by law for
tion, or annually, register such contractors' name, the enforcement thereof, including, but not by
address, telephone number and full information way of limitation, the authority to issue and serve
concerning such contractors' state license, if re appearance citations, as provided by MCL 764.9c,
quired, including the number of the license, with and the right to enter private premises as pro
the city. At the time of registration a fee in the vided by law.
amount established by resolution shall be paid to
the city. No permit under any construction code in (e) The director of inspections shall, in addi
effect or enforced by the city shall be issued tion to the foregoing, assume and perform such
without such information being on file. In the other duties or assignments as shall be required
event any of the information changes, the contrac of him by the city manager or the city.
tor shall immediately notify the city in writing, as (Code 1975, § 4-1; Code 2002, § 10-2)
State law reference—Building officials and inspectors
a condition of the issuance or continuance in force registration act, MCL 338.2301 et seq.
of any permit required by the city codes.
(Code 1975, § 4-8; Code 2002, § 10-1)
State law references—Residential building contractor's Secs. 10-3—10-30. Reserved.
license, MCL 339.2401 et seq.; electrical administrative act,
MCL 338.881 et seq.; mechanical contractors, MCL 338.971 et
seq.
ARTICLE II. CONSTRUCTION CODES*
Sec. 10-2. Department and director of inspec
tions. See. 10-31. Agency designated.
(a) A department of inspections is established (a) Pursuant to the provisions of the state
with a director of such department who shall be building, electrical, mechanical, plumbing, and
appointed by the city manager and who, for the residential codes, in accordance with Section 8b(6)
performance of those duties described in this of Public Act No. 230 of 1972 (MCL 125.1508b(6),
section, shall be immediately responsible to the the building, electrical, mechanical and plumbing
city manager. Such director shall be known as the
officials employed or retained by the building
director of inspections, inspector or building offi
inspection department of the city are hereby
cial with full power and authority to administer designated as the enforcing agencies to discharge
and enforce any code or ordinance described in the responsibilities of the city under Public Act
this section, and shall receive such compensation No. 230 of 1972 (MCL 125.1501 et seq.). The city
as shall be fixed and determined by the city assumes responsibility for the administration and
commission. enforcement of the Act throughout its corporate
(b) The director of inspections shall have pri limits.
mary responsibility for the administration and
enforcement of all state construction codes and all (b) Any person violating the provisions of the
other city codes and ordinances which regulate codes mentioned in subsection (a) of this section
the construction and maintenance of buildings shall be responsible for a municipal civil infrac
and structures within the city, together with the tion, and shall pay a fine as set forth in the
regulation of their use and occupancy. schedule of municipal civil infraction fines in
section 46-204.
(c) With the approval of the city manager, such
(Code 2002, § 10-31; Ord. No. 2048, §§ 1, 3,
director may delegate administer and enforce
8-14-2001)
ment authority of the codes and ordinances de
scribed in this section to any person employed in *State law reference—State construction code act of
the department of inspections. 1972, MCL 125.1501 et seq.
CD10:5
§ 10-32 MUSKEGON CITY CODE
Sec. 10-32. Construction board of appeals. ARTICLE III. DANGEROUS BUILDINGS*
(a) Establishment. There is hereby established
DIVISION 1. GENERALLY
a construction board of appeals as authorized,
and to be organized, in accordance with the Mich
Sec. 10-61. Definitions.
igan construction code commission act, specifi
cally MCL 125.1514. The following words, terms and phrases, when
used in this article, shall have the meanings
(b) Composition. The construction board of ap ascribed to them in this section, except where the
peals shall consist of seven members who must be context clearly indicates a different meaning:
qualified by experience or training to perform Dangerous building means any building or
their duties as members of the board. structure which has any or all of the conditions or
defects described in this definition, which shall be
(c) Appointment and terms. Members of the deemed to be a dangerous building, provided that
board shall be appointed for two-year terms, such such conditions or defects exist to the extent that
appointments to be made by the city manager the life, health, property, or safety of the public or
with the advice and consent of the city commis its occupants are endangered:
sion. Persons eligible for appointment who are
residents of the city shall be preferred; however, (1) Whenever any door, aisle, passageway,
city residence is not required for appointment, stairway or other means of exit is not of
since, by statute, the members of the construction sufficient width or size, or is not so ar
board of appeals may serve in more than one ranged as to provide safe and adequate
jurisdiction. means of exit in case of fire or panic;
(2) Whenever the stress in any materials,
(d) Rules for procedure and operation, meet member or portion thereof, due to all dead
ings and business. The construction board of and live loads, is more than 112 times the
appeals shall have the right to adopt its own rules working stress or stresses allowed in the
of procedure and guidelines for meetings and state construction code for new buildings
hearings, provided that all proceedings of the of similar structures, purpose or location;
board shall be conducted in accordance with MCL
125.1514. All proceedings of the construction board (3) Whenever any portion thereof has been
of appeals shall be held in accordance with the damaged by fire, earthquake, wind, flood,
Michigan open meetings act (MCL 15.261 et seq.), or by any other cause, to such an extent
and all records of decisions and any other records that the structural strength or stability
shall be subject to the Michigan freedom of infor thereof is materially less than it was
mation act (MCL 15.231 et seq.). before such catastrophe and is less than
the minimum requirements of the state
(e) Appeals. In addition to the duties set forth construction code for new buildings of
elsewhere in this section for the construction similar structure, purpose or location;
board of appeals, it shall also have jurisdiction to (4) Whenever any portion or member or ap
hear appeals taken from decisions of the appro purtenance thereof is likely to fail, or to
priate authorities, or make interpretations, pur become detached or dislodged, or to col
suant to the International Fire Code, 2009 edi lapse and thereby injure persons or dam
tion, or other fire and safety code in effect in the age property;
city from time to time.
(5) Whenever any portion of a building, or
(Code 2002, § 10-32; Ord. No. 2051, §§ 1—5,
any member, appurtenance or ornamen
8-28-2001; Ord. No. 2056, § 1, 9-11-2001)
tation on the exterior thereof, is not of
*State law reference—Dangerous buildings, MCL 125.538
Secs. 10-33—10-60. Reserved. et seq.
CD10:6
BUILDINGS AND BUILDING REGULATIONS § 10-61
sufficient strength or stability, or is not so (11) Whenever the building or structure has
anchored, attached or fastened in place so been so damaged by fire, wind, earth
as to be capable of resisting a wind pres quake, or flood, or has become so dilapi
sure of one-half of that specified in the dated or deteriorated as to:
state construction code for new buildings a. Become an attractive nuisance to
of similar structure, purpose or location children;
without exceeding the working stresses
permitted in the state construction code b. Enable persons to resort thereto for
for such buildings; the purpose of committing unlawful
acts;
(6) Whenever any portion thereof has wracked,
warped, buckled, or settled to such an (12) Whenever any building or structure has
extent that walls or other structural por been constructed, exists or is maintained
tions have materially less resistance to in violation of any specific requirement or
winds or earthquakes than is required in prohibition applicable to such building or
the case of similar new construction; structure provided by the building regu
lations of this city, as specified in the state
(7) Whenever the building or structure, or construction code, or housing code, or any
any portion thereof because of: law or ordinance of this state or city
a. Dilapidation, deterioration, or de relating to the condition, location, or struc
cay; ture of buildings;
b. Faulty construction; (13) Whenever any building or structure which,
c. The removal, movement or instabil whether or not erected in accordance with
ity of any portion of the ground nec all applicable laws and ordinance, has in
essary for the purpose of supporting any nonsupporting part, member or por
such building; tion, less than 50 percent, or in any sup
porting part, member or portion, less than
d. The deterioration, decay or inade 66 percent of the:
quacy of its foundation; or
a. Strength;
e. Any other cause;
b. Fire or weather-resisting qualities
is likely to partially or completely col or characteristics required by law in
lapse; the case of a newly constructed build
(8) Whenever, for any reason, the building or ing of like area, height and occu
structure, or any portion thereof, is man pancy in the same location;
ifestly unsafe for the purpose for which it (14) Whenever a building or structure, used or
is being used;
intended to be used for dwelling purposes,
(9) Whenever the exterior walls or other ver because of inadequate maintenance, dilap
tical structural members list, lean or buckle idation, decay, damage, faulty construc
to such an extent that a plumb line pass tion or arrangement, inadequate light, air
ing through the center of gravity does not or sanitation facilities, or otherwise is
fall inside the middle one-third of the determined by the health officer to be
base; unsanitary, unfit for human habitation or
in such a condition that is likely to cause
(10) Whenever the building or structure, ex
sickness or disease;
clusive of the foundation, shows 33 per
cent or more damage or deterioration of (15) Whenever any building or structure, be
its supporting members, or 50 percent cause of obsolescence, dilapidated condi
damage or deterioration of its nonsupport tion, deterioration, damage, inadequate
ing members, enclosing or outside walls exits, lack of sufficient fire-resistive con
or coverings; struction, faulty electric wiring, gas con
CD10:7
§ 10-61 MUSKEGON CITY CODE
nections or heating apparatus, or other e. Lack of hot and cold running water
cause, is determined by the fire marshal to plumbing fixtures in a dwelling
to be a fire hazard; unit.
(16) Whenever any building or structure is in f. Lack of adequate heating facilities.
such a condition as to constitute a public g. Lack of, or improper operation of
nuisance known to the common law or in required ventilating equipment.
equity jurisprudence;
h. Lack of minimum amounts of natu
(17) Whenever any portion of a building or ral light and ventilation required by
structure remains on a site after the de the housing code.
molition or destruction of the building or i. Room and space dimensions less than
structure or whenever any building or required by the housing code.
structure is abandoned for a period in
excess of six months so as to constitute j. Lack of required electrical lighting.
such building or portion thereof an attrac k. Dampness of habitable rooms.
tive nuisance or hazard to the public; or 1. Infestation of insects, vermin or ro
(18) Whenever any building or structure shall dents as determined by the health
be unoccupied and unsecured. Any such officer.
building or structure shall be deemed m. General dilapidation or improper
unsecured when the building or structure maintenance.
can be entered by trespassers without
n. Lack of connection to required sew
breaking. Any such building or structure
age disposal system.
shall be deemed secured when all its
exterior openings are intact and locked. o. Lack of adequate garbage and rub
bish storage and removal facilities
Substandard buildings means any building or as determined by the health officer.
portion thereof, including any dwelling unit, guest
room or suite of rooms, or the premises on which (2) Structural hazards. Structural hazards
the building is located, in which there exists any shall include, but not be limited to, the
of the following listed conditions to an extent that following:
endangers the life, limb, health, property, safety, a. Deteriorated or inadequate founda
or welfare of the public or the occupants thereof, tions.
which shall be deemed and hereby is declared to
b. Defective or deteriorated flooring or
be a substandard building:
floor supports.
(1) Inadequate sanitation. Inadequate sanita c. Flooring or floor supports of insuffi
tion shall include, but not be limited to, cient size to carry imposed loads
the following: with safety.
a. Lack of, or improper water closet, d. Members of walls, partitions, or other
lavatory, bathtub or shower in a dwell vertical supports that split, lean, list
ing unit. or buckle due to defective material
or deterioration.
b. Lack of, or improper water closets,
lavatories, and bathtubs or showers e. Members of walls, partitions, or other
per number of guests in a hotel. vertical supports that are of insuffi
cient size to carry imposed loads
c. Lack of, or improper kitchen sink. with safety.
d. Lack of hot and cold running water f. Members of ceiling, roofs, ceiling and
to plumbing fixtures in a hotel. roof supports or other horizontal
CD10:8
BUILDINGS AND BUILDING REGULATIONS § 10-61
members which sag, split, or buckle cluding lack of paint, or weathering
due to defective material or deterio due to lack of paint or other ap
ration. proved protective covering.
g. Members of ceilings, roofs, ceiling d. Broken, rotted, split, or buckled ex
and roof supports or other horizontal terior wall coverings or roof cover
members that are of insufficient size ings.
to carry imposed loads with safety.
(8) Fire hazard. Any building or portion
h. Fireplaces or chimneys which list, thereof, device, apparatus, equipment, com
bulge, or settle, due to defective ma bustible waste, or vegetation which, in
terial or deterioration. the opinion of the chief of the fire depart
i. Fireplaces or chimneys which are of ment or his deputy, is in such a condition
insufficient size or strength to carry as to cause a fire or explosion or provide a
imposed loads with safety. ready fuel to augment the spread and
intensity of fire or explosion arising from
(3) Nuisance. Any nuisance as defined in this any cause.
Code.
(9) Faulty materials of construction. All ma
(4) Hazardous wiring. All wiring, except that terials of construction, except those which
which conformed with all applicable laws are specifically allowed or approved by
in effect at the time of installation and this Code and the state construction code,
which has been maintained in good con and which have been adequately main
dition and is being used in a safe manner. tained in good and safe condition.
(5) Hazardous plumbing. All plumbing, ex (10) Hazardous or unsanitary premises. Those
cept that which conformed with all appli premises on which an accumulation of
cable laws in effect at the time of instal weeds, vegetation, junk, dead organic mat
lation, and which has been maintained in ter, debris, garbage, offal, rat harborages,
good condition and which is free of cross stagnant water, combustible materials,
connections and siphonage between fix and similar materials or conditions con
tures. stitute fire, health or safety hazards.
(6) Hazardous mechanical equipment. All me
(11) Inadequate maintenance. Any building or
chanical equipment, including vents, ex
portion thereof which is determined to be
cept that which conformed with all appli
an unsafe building in accordance with the
cable laws in effect at the time of
state construction code.
installation and which has been main
tained in good and safe condition. (12) Inadequate exits. All buildings or portions
(7) Faulty weather protection. Faulty weather thereof not provided with adequate exit
protection shall include, but not be lim facilities as required by the state construc
ited to, the following: tion code, except those buildings or por
tions thereof whose exit facilities con
a. Deteriorated, crumbling, or loose plas formed with all applicable laws at the
ter. time of their construction and which have
been adequately maintained and increased
b. Deteriorated or ineffective waterproof
in relation to any increase in occupant
ing of exterior walls, roof, founda
tions, or floors, including broken win load, alteration or addition, or any change
in occupancy. When an unsafe condition
dows or doors.
exists through lack of or improper loca
c. Defective or lack of weather protec tion of exits, additional exits may be re
tion for exterior wall coverings, in quired to be installed.
CD10:9
§ 10-61 MUSKEGON CITY CODE
(13) Inadequate fire protection or firefighting Secs. 10-64—10-80. Reserved.
equipment. All buildings or portions thereof
which are not provided with the fire resis
DIVISION 2. ADMINISTRATION AND
tive construction or fire extinguishing sys
ENFORCEMENT
tems or equipment required by the Inter
national Fire Code, except those buildings
or portions thereof which conformed with Subdivision I. In General
all applicable law at the time of their
construction and whose fire resistive in Sec. 10-81. Generally.
tegrity and fire extinguishing systems or (a) Administration. The building official is
equipment have been adequately main hereby authorized to enforce the provisions of this
tained and improved in relation to any Code.
increase in occupant load, alteration or
addition, or any change in occupancy. (b) Inspections. The fire marshal and the build
ing official are hereby authorized to make such
(14) Improper occupancy. All buildings or por inspections and take such actions as may be
tions thereof occupied for living, sleeping, required to enforce the provisions of this Code.
cooking or dining purposes which were (Code 1975, § 4-18; Code 2002, § 10-81)
not designed or intended to be used for
such occupancies. Sec. 10-82. Inspection of unoccupied build
(Code 1975, § 4-23; Code 2002, § 10-61) ing; initiation of proceedings.
Sec. 10-62. Purpose and scope. When an unoccupied and secured building, as
defined in section 10-61, continues to exist in such
(a) Purpose. It is the purpose of the provisions unoccupied and secured condition for a period of
of this article to provide a just, equitable, and six months, the director of inspections shall make
practicable method, to be cumulative with and in an inspection of such building, entering such
addition to any other remedy provided by the building in accordance with the provisions of
city's adopted codes, concerning buildings, struc section 10-415, and if the inspector finds that the
tures, housing or construction, and related regu building violates any of the provisions of this
lations and ordinances, whereby buildings or struc article, he shall initiate proceedings against the
tures which, from any cause, endanger the life, owner of such building as required pursuant to
limb, health, morals, property, safety or welfare of sections 10-103 through 10-105.
the general public or their occupants, may be (Code 1975, § 4-23(a)(19); Code 2002, § 10-82)
required to be repaired, vacated, or demolished.
(b) Scope. The provisions of this article shall Sec. 10-83. Inspection of work.
apply to all dangerous buildings, as defined in All buildings or structures within the scope of
this article, which are now in existence or which this article and all construction or work for which
may hereafter become dangerous in this city. a permit is required shall be subject to inspection
(Code 1975, § 4-16; Code 2002, § 10-62) by the building official in accordance with and in
the manner provided by this article and the state
Sec. 10-63. Rights of action; penalties for construction code.
violation. (Code 1975, § 4-21; Code 2002, § 10-83)
Any violation of this article concerning danger
Sec. 10-84. Building board of appeals.
ous buildings shall constitute a municipal civil
infraction. The foregoing shall not preclude the In order to provide for final interpretation of
city from making application to a court of compe the provisions of this article and to hear appeals,
tent jurisdiction for equitable or injunctive relief. there is created a building board of appeals. The
(Code 1975, § 4-27; Code 2002, § 10-63; Ord. No. membership of the building board of appeals shall
2032, § 4, 9-12-2000) be identical to and the same persons as are
CD10:10
BUILDINGS AND BUILDING REGULATIONS § 10-103
appointed to the housing board of appeals set (b) Notice and order. The building official shall
forth at article VI, division 2, subdivision IV of issue a notice and order directed to the record
this chapter. The building board of appeals shall owner of the building. The notice and order shall
follow the same procedures for meetings and contain:
hearings, adhere to the standards and consist of
the same membership as the housing board of (1) The street address and a legal description
appeals. The officers of the housing board of sufficient for identification of the prem
appeals shall be the officers of the building board ises upon which the building is located.
of appeals. (2) A statement that the building official has
(Code 1975, § 4-22; Code 2002, § 10-84) found the building to be dangerous with a
brief and concise description of the condi
Secs. 10-85—10-100. Reserved. tions found to render the building danger
ous under the provisions of section 10-61.
Subdivision II. Abatement (3) A statement of the action required to be
taken as determined by the building offi
Sec. 10-101. Abatement of dangerous build cial:
ings. a. If the building official has deter
All buildings or portions thereof which are mined that the building or structure
determined after inspection by the building offi must be repaired, the order shall
cial, to be dangerous, as defined in this article, are require that all required permits be
hereby declared to be public nuisances and shall secured therefor and the work phys
be abated by repair, rehabilitation, demolition or ically commenced within 30 days from
removal in accordance with the procedure speci the date of the order and completed
fied in sections 10-103 through 10-105, inclusive. within the time limits of the building
(Code 1975, § 4-19; Code 2002, § 10-101) permit, which limits, for dangerous
buildings, shall be determined by
the building official, taking into ac
Sec. 10-102. Violations. count the condition of the building or
No person, whether as owner, lessee, sublessee, structure, but not to exceed one year.
or occupant, shall erect, construct, enlarge, alter, b. If the building official has deter
repair, move, improve, remove, demolish, equip, mined that the building or structure
use, occupy, or maintain any building or premises, must be vacated, the order shall re
or cause or permit such work to be done, contrary quire such vacation within a reason
to or in violation of any of the provisions of this able time certain from the date of
article or any order issued by the building official the order.
under this article. Any person violating the pro
visions of this section shall be responsible for a c. If the building official determines
municipal civil infraction. the building must be demolished (re
(Code 1975, § 4-20; Code 2002, § 10-102) moved) the order shall state the date
by which removal must be accom
plished.
Sec. 10-103. General procedure.
(c) Noncompliance. Where an order under this
(a) Commencement of proceedings. Whenever section is not complied within the time specified,
the building official has inspected or caused to be the city shall institute proceedings to repair or
inspected any building and has found and deter demolish (remove) the structure. The proceedings
mined that such building is a dangerous building, shall be as follows:
the building official shall commence proceedings
to cause the repair, vacation, or demolition of the (1) A hearing before the housing board of
building. appeals shall be scheduled.
CD10:ll
§ 10-103 MUSKEGON CITY CODE
(2) Notice of the hearing shall be sent by Sec. 10-104. Hearings.
certified mail to all owners shown on the
tax assessment records, the holder of a (a) Housing board of appeals hearing. The
recorded mortgage, a tenant under any housing board of appeals shall take and record
written lease which has been recorded, testimony of the inspection personnel, the owner
any principal occupant and any owner of the property and any interested party. The
otherwise known to the city, such as land housing board of appeals shall make written
contract vendors and vendees (also called findings of fact and conclusions concerning the
"interested persons" in this section). The applicability of this article and render its deci
notice shall specify the time and place of sion, either dismissing the proceedings, ordering
the hearing, and notify all interested per the building to be demolished or providing for an
sons that they shall have the opportunity opportunity to repair or demolition.
to show cause why the structure should
not be demolished or repaired. The notice (1) If it is determined by the housing board of
shall be mailed at least ten days before appeals that the building or structure
the hearing date. Personal service may be should be demolished, it shall so order,
recommending a time to comply after city
used in lieu of certified mail. In all cases a
commission final action. The housing board
copy of the notice shall be posted upon a of appeals may enter a conditional order
conspicuous part of the structure and shall giving an opportunity to repair, simulta
constitute notice to all interested persons. neously ordering demolition if repairs are
not timely accomplished.
(d) Notice; hearings. The notice shall specify
the time and place of the hearing on the condition (2) A copy of the findings and order of the
housing board of appeals shall forthwith
of the building or structure at which time and
he served on the owner and other inter
place the person to whom the notice is directed
ested parties in the manner set forth in
shall have the opportunity to show cause why the section 10-103.
building or structure shall not be ordered to be
demolished, secured and thereafter demolished, (3) Following such determination by the hous
secured and thereafter repaired, or otherwise ing board of appeals, it shall file a written
made safe. The hearing shall be held before the report of its findings and its order with
housing board of appeals of the city and the the city commission and request that the
director of inspections shall file a copy of the city commission review and concur with
notice of the dangerous and unsafe conditions its decision.
with the housing board of appeals. All notices
shall be in writing and shall be served upon the (4) If demolition is ordered, or if the inter
person to whom they are directed personally or, in ested party or parties fail to comply with
lieu of personal service, may be mailed by certi the requirements of an opportunity to
fied mail, return receipt requested, addressed to repair, the city shall issue a notice giving
such owner or party in interest at the address the date and time the matter is to be
shown on the tax records at least ten days before heard by the city commission and serve
the hearing described in the notice. If any person same on all interested parties at least ten
to whom a notice is directed is not personally days prior to the hearing and in the man
served in addition to mailing a notice, a copy ner provided in section 10-103.
thereof shall be posted upon a conspicuous part of
the building or structure and shall constitute (b) City commission hearing. At the city com
notice to all occupants and all interested parties. mission hearing, the owner or other interested
(Code 1975, § 4-24; Code 2002, § 10-103; Ord. No. persons shall be given the opportunity to show
2032, §§ 1, 2, 9-12-2000) cause why the structure should not be demolished
CD10:12
BUILDINGS AND BUILDING REGULATIONS § 10-105
but repaired, and the city commission shall Sec. 10-105. Emergency proceedings.
either approve, disapprove or modify the order of
the housing board of appeals. (a) Whenever any building or structure shall
be unoccupied and unsecured as defined in sec
(1) After the hearing, the order of the city tion 10-61, and when, in such event, the director
commission shall be served on the owner of inspections shall deem such structure an
and all interested parties in the manner immediate hazard or danger to trespassers, the
provided in section 10-103. director of inspections shall notify the record
(2) The city commission may require a deposit owner of such structure as shown by the last
of funds adequate for demolition if it local tax assessment records by certified mail,
allows an interested person to repair, return receipt requested, at the address as shown
and it may determine and attach any on the local tax assessment records, that unless
conditions to the permit. such structure is made secure as defined in
(3) Any permit issued by the city in a danger section 10-61 within seven days following the
ous building case shall be limited in time mailing of such notice, the structure shall be
for completion during a period reason made secure at the owner's cost and expense.
ably determined by the city, taking into
(b) Whenever any building or structure shall
account the condition of the building or
be found to be in immediate danger of collapse
structure, but not to exceed one year.
because of fire, natural disaster, neglect of
(4) If the owner or other interested parties maintenance or repair, or because of cessation of
fail to comply with the order of the city demolition, the director of inspections shall notify
commission within the time limited or as the record owner of any such structure as shown
conditioned, the city may cause the build by the last local tax assessment records by
ing or structure to be demolished or certified mail, return receipt requested, at the
repaired, first utilizing any funds address shown on the local tax assessment records
deposited. The cost (in excess of the that, unless such structure is demolished and
deposit) of the demolition or repair shall removed within five days following the mailing
be collected by the city in the manner of such notice, the structure will be demolished
following: An interested party shall be and removed at the owner's costs and expense.
notified of the amount of such costs by
first class mail; if he fails to pay within (c) In the event the owner or other interested
30 days after the mailing of the notice, parties shall fail to comply with the order of the
the city may recover the costs from the city commission within the time limited therein,
owner, owners or person interested as a the city may cause the building or structure to be
personal obligation by filing an action for demolished, secured or made safe, and in such
recovery in the courts. The city may event, the cost of the demolition, securing or
further, or alternatively, add the premises making the building safe shall be collected by
to the next tax roll of the city and collect the city in the manner following: The owner or
the costs in the same manner in all party interested in whose name the property
respects as provided by law for the collec appears upon a last local tax assessment record
tion of taxes. Defendants in the personal shall be notified of the amount of such costs by
action, if any, shall receive credit for all first class mail at the address shown on the
amounts collected through the tax collec records; if he fails to pay such costs within 30
tion procedure, but shall be liable for any days after the mailing of the notice, the city may
uncollected amounts. If the city collects recover the costs from the owner, owners or
through the personal action any amount parties interested as a personal obligation by
of the costs incurred, the tax lien shall be filing an action for recovery in the courts. The
thus reduced. city may further add the premises to the next tax
(Code 1975, § 4-25; Code 2002, § 10-104; Ord. No. roll of the city and collect the costs in the same
2032, § 3, 9-12-2000) manner in all respects as provided by law for the
Supp. No. 3 CD10:13
§ 10-105 MUSKEGON CITY CODE
collection of taxes. Any defendants in the personal applicable provisions of this chapter, the health
action, if any, shall receive credit for all amounts and sanitation code, and any other applicable
collected through the tax collection procedure, provisions of this Code.
but shall be liable for any uncollected amounts.
In the event the city collects through the personal (b) Definitions and applicability; registration
action any amount of the costs incurred, the tax statement and fees.
lien shall be thus reduced and the amounts (1) Definitions. For purposes of this section,
received applied to any obligation of the city the following words and phrases shall
arising from corresponding tax anticipation pay have the meanings respectively ascribed
ments. to them as follows:
(Code 1975, § 4-26; Code 2002, § 10-105)
Boarded. A building or structure subject to
the provisions of this section shall be deemed
Sec. 10-106. Appeals. to be "boarded" if in place of one or more
An owner or interested person aggrieved by exterior doors, other than a storm door, or of
any final decision or order of the city commission one or more windows, there is a sheet or
may appeal the decision or order to the circuit sheets of plywood or similar material covering
court for the county by filing a petition for an the space for such door or window.
order of superintending control within 21 days Exterior maintenance and major systems.
from the date of mailing of the city commission The phrase "exterior maintenance and major
decision. The order of the city commission shall systems" shall mean the safe and lawful
be stayed pending the outcome of all court maintenance of the facade, windows, doors,
proceedings if a petition is timely filed. roof, and other parts of the exterior of the
(Code 1975, § 4-28; Code 2002, § 10-106; Ord. No. building and the maintenance of its major
2032, § 5, 9-12-2000) systems consisting of the roof, the electrical
and plumbing systems, the water supply
Sec. 10-107. Annual registration of vacant system, the sewer system, and the sidewalk,
building and registration fees. driveway, if any, area of the lot, as applicable
and as enforced by the DPS, particularly in
(a) Purpose. The purpose of this section requir
connection with sections 10-82 (inspection of
ing the registration of all vacant buildings, includ
unoccupied building; initiation of processing)
ing dwellings that are subject to this chapter as
and 10-101 (abatement of dangerous build
referenced below, and the payment of registra
ings).
tion fees is to assist the city government,
particularly the department of public safety Occupied. Any building or structure shall
(DPS) and planning departments in protecting be deemed to be occupied if one or more
the public health, safety and welfare, to monitor persons actually conducts a lawful business or
the number of vacant buildings in the city, to resides in all or any part of the building as the
assess the effects of the condition of those build licensed business-occupant, or as the legal or
ings on nearby businesses and the neighbor equitable owner/occupant or tenant on a
hoods in which they are located, particularly in permanent, non-transient basis, or any
light of fire safety hazards and unlawful, combination of the same. For purposes of this
temporary occupancy by transients, including section, evidence offered to prove that a build
illicit drug users and traffickers, and to require ing is so occupied may include, but shall not be
of the owners of such vacant buildings their limited to, the regular receipt of delivery of
registration and the payment of related fees, and regular mail through the U.S. Postal Service;
to promote substantial efforts to rehabilitate proof of continual telephone, electric, gas,
such vacant buildings. The provisions of this heating, water and sewer services; a valid city
section are applicable to the owners of such business license, or the most recent federal,
vacant buildings as set forth herein and are in state, or city income tax statements indicating
addition to and not in lieu of any and all other that the subject property is the official busi-
Supp. No. 3 CD10:14
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 § 10-222
demolition area shall be removed and the open (b) Any person desiring to engage in the busi
ings filled with approved material tamped level ness of moving houses or other buildings shall
with the sidewalk. An approved installation of the make application for a license to the city clerk.
resulting sidewalk surface shall be installed with The applicant shall show that all equipment is in
city approval. good repair and capable of handling all loading of
(Code 1975, § 4-114(8); Code 2002, § 10-140) moving equipment. The applicant shall show that
he has recently engaged in the moving of build
Sec. 10-141. Obstruction of traffic. ings or has extensive experience working for a
licensed building mover. The license shall show
The contractor shall not close or obstruct any proof that a comprehensive general liability and
street, sidewalk, alley or passageway unless spe vehicle liability insurance in the amount of
cifically authorized by the city. No material what $1,000,000.00 is in effect. Such policy shall insure
soever shall be placed or stored in any such area. the city as a named insured and shall not contain
The owner or contractor shall not interfere with exclusions for liability arising out of explosions,
the use of roads, streets, alleys, driveways, pas excavation, collapse or other hazards.
sageways, sidewalks or other travel facilities. (Code 1975, § 4-3; Code 2002, § 10-221)
(Code 1975, § 4-114(9); Code 2002, § 10-141)
Sec. 10-222. Moving permit; application; traf
Sec. 10-142. Cleanup. fic escort; bond; etc.
The owner or contractor shall remove all debris (a) No person shall move any building within
and equipment and dispose of all material, as the city until a moving permit has been issued.
above required, and leave the ground clear of all
materials, rubbish or debris. (b) An application for such permit shall be
(Code 1975, § 4-114(10); Code 2002, § 10-142) made to the department of inspections. The ap
plication shall designate the streets, alleys or
other public places along which the building is to
Sec. 10-143. Burning prohibited.
be moved.
No burning shall be permitted within the proj
(c) The applicant shall also make arrange
ect area.
ments with the city police department's traffic
(Code 1975, § 4-114(11); Code 2002, § 10-143)
division for any escort that may be necessary.
Application for a moving permit shall be approved
Sec. 10-144. Permits. by the fire chief, and the director of inspections.
Demolition permits must be obtained from the Further, the application shall be accompanied by
department of inspections of the city. Fees for cm application for building permit in connection
such permit shall be determined by resolution. with the relocation of the building which must be
(Code 1975, § 4-114(12); Code 2002, § 10-144) issued at the same time as the approval by the
director of inspections.
Secs. 10-145—10-220. Reserved. (d) A cash bond, certified check or cashier's
check or cash deposit payable to the order of the
city in the sum of $10,000.00 shall accompany the
ARTICLE V. MOVING OF BUILDINGS* application for moving permit, the funds to be
applied in the sole judgment of the city toward all
Sec. 10-221. Mover's license. charges, expenses, administrative costs, services
by the city or damage incurred by the city or by
(a) No person shall engage in the business of others whom the city reimburses in its sole dis
moving houses or other buildings within the city cretion. The application of such funds to these
without first obtaining a license therefor. costs, expenses or services shall not limit the
*State law reference—Moving of buildings, MCL 247.188 city's right to charge the permittee for additional
et seq. costs incurred.
CD10:19
§ 10-222 MUSKEGON CITY CODE
(e) Where buildings are to be moved or reset Accessory building or structure means a subor
upon the same lot, applications shall be made to dinate building or structure, the use of which is
the director of inspections who shall determine clearly incidental to that of the main building or
the requirements to protect all utilities on or in to the use of the land.
the vicinity of the parcel. The permit fee for
Administrator means the person appointed by
moving the building shall not be required in such
cases. the city manager charged with the responsibility
of administering the provisions of this article.
(f) When the moving of any building has been Animal means any living species other than a
commenced it shall be diligently continued with human, insect or plant.
out interruption, so as not to become a hazard or
unnecessarily impede or interfere with traffic Apartment means a dwelling unit located in a
upon any street, alley or public way. multifamily building.
(Code 1975, § 4-4; Code 2002, § 10-222)
Apartment house means a structure containing
three or more dwelling units.
Sec. 10-223. Compliance with applicable reg
ulations. Basement means that portion of a building
which is partially below and partially above grade
No building shall be moved from one parcel to and having at least one-half its height above
another unless such building complies with all grade.
applicable ordinances and codes after installation
at the new site. Basic structural elements means the parts of a
(Code 1975, § 4-5; Code 2002, § 10-223) building or structure which provide the principal
strength, stability, integrity, shape and safety,
Sec. 10-224. Penalty. including, but not limited to, plates, studs, joists,
rafters, stringers, stairs, subflooring, flooring,
Any person violating any of the provisions of sheathing, lathing, roofing, siding, window frames,
this article shall be responsible for a municipal door frames, porches, railings, eaves, chimneys,
civil infraction. flashing, foundation, masonry and all other essen
(Code 1975, § 4-7; Code 2002, § 10-225) tial components.
Building means any structure built for the
Secs. 10-225—10-280. Reserved. support, shelter or enclosure of persons, chattels
or property of any kind. The term "building" shall
be construed as if followed by the words "or part
ARTICLE VI. PROPERTY MAINTENANCE thereof."
CODE
Building materials means, but shall not be
limited to, lumber, bricks, concrete or cinder blocks,
DIVISION 1. GENERALLY plumbing material, electrical wiring or equip
ment, heating equipment, including ducts, shin
Sec. 10-281. Definitions. gles, mortar, concrete or cement parts, screws,
All words and phrases used in this article shall fence posts and fencing.
be given their common and normal meanings Cellar means that portion of a building which
unless defined in this section. The words and is partly or completely below grade, having at
phrases defined in this section shall be given the least one-half its height below grade.
meaning indicated in the interpretation and en
forcement of this chapter: Certificate of compliance means a certificate
issued by the director of inspections stating that a
Abandoned dwelling means an unoccupied dwell structure or portion thereof complies with the
ing. Such dwelling is presumed to be abandoned if requirements of the housing code and all other
it is unoccupied for six months. codes regulating the condition or use of property.
CD10:20
BUILDINGS AND BUILDING REGULATIONS § 10-281
City means the municipal corporation that is industry standards using like materials so that
the City of Muskegon, including all authorized the result is free of defects, operates as intended
agents when acting within the scope of their and creates no unsafe condition.
authority.
Guardrail means a system of building compo
Deteriorate means to decay, decompose or de nents located near the open sides of elevated
generate. walking surfaces for the purpose of minimizing
the possibility of an accidental fall from the walk
Deterioration and deteriorated mean the fact or ing surface to the lower level. Guardrails shall be
process of decay or degeneration which has pro constructed in such a manner that a sphere six
gressed to the point where it has resulted in or inches in diameter cannot pass through.
will soon result in making an object or mechanism
unsafe, unsanitary, inoperable, unusable or un Habitable room means a space in a structure
suitable for its intended use, including, but not for living, sleeping, eating or cooking. Bathrooms,
limited to, the advanced state of rot, rust, mold, toilet compartments, closets, halls, storage or
insect infestation or destruction. utility rooms and similar areas are not considered
habitable rooms.
Dwelling means any building or structure oc
cupied or intended to be occupied, in whole or in Hardware means and includes, but is not lim
part, as a dwelling, residing place, living or sleep ited to, door handles, hinges, locks, shelving,
ing space for one or more humans, whether per cabinets and mirrors.
manently or transiently.
Hazardous means a condition which the admin
Dwelling unit means a building or structure or istrator has determined to be likely to result in
portion thereof designed for occupancy by one the death, injury or illness of a human or in
family for residential purposes as a single house severe damage to real or personal property.
keeping unit.
Health officer means the director of the county
Emergency means a condition of imminent dan health department or any of his authorized rep
ger calling for immediate action in order to avoid
resentatives.
death, injury or illness to a human or the destruc
tion or severe damage of real or personal property. Hot water means water heated to 120 degrees
Family means a person living alone or two or Fahrenheit temperature at the outlet.
more persons living together as a single house Hotel dwelling means a dwelling containing
keeping unit in a dwelling unit. hotel units. The term "hotel dwelling" shall in
Finish surfaces means materials used for the clude "motel."
final covering of basic structural elements. The Hotel unit means a room or group of rooms
term "finish surfaces" shall include, but not be located within a dwelling which provides sleeping
limited to, ceilings, walls, wainscotting, kick boards, and bathroom accommodations for the exclusive
moulding stops and floor coverings. use of a transient person or a transient family.
Garbage means all rejected food wastes, refuse
and animal or vegetable matter from any kitchen, Housekeeping unit means a dwelling unit with
common living quarters, including cooking, eat
market or store.
ing and sanitation facilities, under the control of a
Good repair means to be properly installed, head of household who shall not receive compen
safe, stable and maintained sufficiently free of sation from other residents.
defects or deterioration so as to be functional for
its present use. Inspector means a housing inspector or any
other employee of the city whose responsibilities
Good workmanship means completing a task of include the enforcement of the provisions of this
construction, repair or replacement to acceptable article.
CD10:21
§ 10-281 MUSKEGON CITY CODE
Interior fixtures means those interior items and organic wastes or such other substances as may
hardware which provide customary finished ame become a nuisance. The term "domestic refuse"
nities and protection within a dwelling. Interior means refuse resulting from the usual routine of
fixtures shall include, but not be limited to, doors, housekeeping and yard maintenance.
doorknobs, latches, locks, hinges, handles, hooks,
light fixtures, electric outlets or switch cover Rental dwelling means any dwelling building
plates, vents or opening grates, railings, shelving, containing a dwelling unit, rooming unit or hotel
cabinetry and mirrors. unit which is not occupied by the owner.
Junk means, but shall not be limited to, parts Rented and leased mean to be legally occupied
of machinery or motor vehicles, unused stoves or by a family.
other appliances stored in the open, remnants of Reside means to be domiciled.
wood, metal or any other material or other castoff
materials of any kind whatsoever whether or not Roomer means a person who is provided with
such materials could be put to any reasonable living and sleeping quarters in a rooming dwell
use. ing or by a family within a dwelling unit occupied
by a family but who is not provided with cooking
Kitchenette means a room or portion of a room facilities for the exclusive use of that person.
used for the preparation of food containing facil
ities and equipment provided for in this article Rooming dwelling means a dwelling building,
and containing less than 70 square feet of floor dormitory or institutional group quarter contain
area. ing rooming units.
Nuisance means any public nuisance com Rooming unit means a room or group of rooms
monly known as law or equity. located within a dwelling structure intended to
Occupancy and occupy mean the fact or act of a accommodate roomers.
human living or sleeping in a dwelling unit within Rubbish means nonputrescible solid waste, ex
a dwelling whether the human is physically pres cluding ashes, consisting of both combustible and
ent or temporarily absent. noncombustible waste, including paper, card
Occupant means a human who occupies a dwell board, metal containers, wood, glass, bedding,
ing or dwelling unit within a building or struc grocery, demolished building materials or litter of
ture. any kind that may be detrimental to public health
or safety.
Open window area means the resulting square
footage of open space to the outdoors when a Secured building structure means any dwell
window has been opened to its maximum distance ing, building or structure with all of its exterior
as measured clear of the sash frame. openings intact and locked and lockable (but not
by temporarily securing), so as to prevent en
Owner and ownership mean any person whose trance thereto by vandals or unauthorized per
name the property appears on the city's real sons.
property tax assessment records. The term "owner"
shall also mean any person who, in fact, has been Structural alterations means any change in the
empowered to act on behalf of or as an agent of supporting members of a building or structure,
the owner. such as bearing walls, columns, beams or girders.
Premises means any lot or parcel of land and Structure means anything constructed or erected,
the building located thereon. the use of which requires location on the ground
or attachment to something having location of the
Refuse means any waste product which is not ground.
water carried and which is composed wholly or
partially of such material as garbage, rubbish, Temporarily secured building /structure means
sweepings, industrial or domestic solid wastes, any dwelling, building or structure having its
CD10:22
BUILDINGS AND BUILDING REGULATIONS § 10-284
openings covered by boards of the materials, (b) The judgment of the court in such cause
strength and appearance allowed by this section may direct the correction, repair or rehabilitation
for a period not exceeding 180 consecutive days. of the dwelling or building or the abatement of the
nuisance, may authorize a reasonable time within
Tenant means any person other than a legal or which the defendant may make such correction or
equitable titleholder, occupying or possessing a abatement and may authorize the city to execute
dwelling or part thereof. and carry out the provisions of the judgment in
Unit means a collective term for any dwelling case of default of the defendant. The judgment of
unit. the court may order the vacation of the premises
until the corrections, rehabilitations or abate
Unsafe means a condition which is reasonably ments are completed. Whenever the city has
likely to cause injury to people or property. incurred any expense in the enforcement of this
article or in obtaining a judgment of the court or
Vermin means rodents, birds and insects which if inspection fees are due, such expenses and fees
are destructive of real or personal property or may be recovered.
injurious to health.
(c) The city shall have a lien upon the premises
Window area means the area of glazing of a for all fees due and amounts expended to correct,
window, including the area taken up by window repair, rehabilitate or abate a condition or nui
pane dividers. sance thereon and for expenses necessarily in
Yard means the open spaces on the same lot as curred in the obtaining and executing of a judg
a building, unoccupied and unobstructed from the ment, which lien shall have priority over all other
ground upward. liens or encumbrances except taxes, assessments
(Code 1975, § 4-62; Code 2002, § 10-281) or mortgages recorded previous to the existence of
such lien. Such lien may be enforced by levy as in
the case of real property taxes, by personal action
Sec. 10-282. Violations and penalties.
or judicial foreclosure. The lien shall be effective
Any person who violates any provision of this on the date billed by the city.
article shall be responsible for a municipal civil (d) In any action instituted by the city under
infraction. Each day that a violation continues to this section, the city attorney may file in the office
exist may be charged as a separate municipal civil of the register of deeds of the county a notice of
infraction which shall subject the violator to a the pendency of the actions or proceedings. A
separate civil fine and other penalties. notice may be filed at the time of the commence
(Code 1975, § 4-79; Code 2002, § 10-282) ment of the action or proceeding or at any time
thereafter before final judgment or order or at any
Sec. 10-283. Civil remedies for violation. time after the service of any notice or order issued
(a) In case any dwelling is maintained in vio by the city. The notice shall have the same force
lation of any provision of this article or of any and effect as a lis pendens. Such notice may be
order or notice given under this article, or in case vacated upon the order of the judge of the court in
which the action or proceeding was instituted or
a nuisance exists in any dwelling or upon the lot
on which it is situated or within an accessory is pending or by consent in writing of the city or
structure, the city, by and through the adminis the city attorney.
trator, may institute an action in circuit court to (Code 1975, § 4-78(16); Code 2002, § 10-283)
prevent such unlawful maintenance; to restrain,
Sec. 10-284. Prosecution not delayed.
correct or abate such violation or nuisance; to
prevent the occupation of such dwelling, building Nothing in this article shall delay or be a cause
or structure or to prevent any illegal act or of terminating the prosecution of a defendant for
conduct in such dwelling or lot. The procedure for failure to correct violations of this article noted in
such action shall be the same as for an injunction a final notice to repair or an emergency.
or abatement of a nuisance. (Code 1975, § 4-78(17); Code 2002, § 10-284)
CD10:23
§ 10-285 MUSKEGON CITY CODE
Sec. 10-285. Purpose; application of article. shall be a lien against the premises and collected
as in the case of real property taxes or by foreclo
(a) The purpose of this article is to protect the sure or by personal action.
public health, safety and welfare in buildings (Code 1975, § 4-85; Code 2002, § 10-301)
intended for human habitation and accessory
structures as hereafter provided by:
Sec. 10-302. Enforcement; inspection.
(1) Establishing minimum standards for ex
terior property areas, exterior structures, (a) The standards of this article are to be
interior structures, basic facilities, light enforced by the inspection of buildings, dwellings,
and ventilation, occupancy requirements the units within buildings, dwellings, accessory
and fire safety. These standards are de structures and yards.
signed to be reasonably high but, at the
same time, practical and attainable and (b) Inspections will be made to obtain and
should not be interpreted as a guarantee maintain compliance with the standards of this
to the purchaser. article based upon one or more of the following:
(2) Fixing the responsibilities of owners, op (1) A complaint received by the city indicat
erators and occupants of every building or ing that there is a violation of the stan
structure used or intended for commercial dards of this article.
or residential use or occupancy, in whole
(2) An observation by the city of a violation of
or in part.
the standards of this article.
(3) Providing for administration, enforce
ment and penalties. (3) A report or observation of a dwelling that
is unoccupied and unsecured or a dwell
(b) The provisions of this article shall apply to ing that is fire-damaged.
all existing structures. Any new building construc
tion or additions to existing structures in the city (4) The registration and certification of a
must comply with the requirements of the state rental dwelling as required by section
construction code, as amended. The minimum 10-351.
standards required under this article are de (5) The need to determine compliance with a
signed to prevent fire hazard, structural deterio notice or an order issued by the city.
ration, inadequate light, air and heat and unsan
itary and overcrowded conditions which constitute (6) Designation by the city commission of an
a menace to the safety, health and welfare of the area where all buildings, dwellings, acces
occupants or to the surrounding area. sory buildings or yards are to be inspected
(Code 1975, § 4-61(b); Code 2002, § 10-285) uniformly or intensively or for specific
violations.
Secs. 10-286—10-300. Reserved.
(7) An emergency observed or reasonably be
lieved to exist.
DIVISION 2. ADMINISTRATION AND
ENFORCEMENT (8) A request for an inspection by an owner,
occupant or responsible agent.
Subdivision 1. In General (9) Requirements of law where a dwelling is
to be demolished by the city or where
Sec. 10-301. Fees. ownership is to be transferred to the city.
Fees for inspections, certifications, appeals and (10) Inspection prior to sales or transfers of
any activity of the city in administering or enforc dwelling units or residential properties
ing this article shall be determined by resolution having neighborhood enterprise zone cer
of the city commission. Any fee which is unpaid tificates.
CD10:24
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. 16 CD10:33
§ 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. 16 CD10:34
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. 16 CD10:35
§ 10-371 MUSKEGON CITY CODE
report shall include a summary of recurrent which shall be noted on the claim of appeals
appeals or recurrent problems along with resultant form. The city will send a notice to the appellant
recommendations for modifications of this article. regarding the date the appeal will be heard by
(Code 1975, § 4-84(a), (g), (l)—(p); Code 2002, the housing board of appeals. Notices of the
§ 10-371) hearing date will be by regular mail sent to the
address stated on the claim of appeal. Failure of
Sec. 10-372. Appeal authorized. any owner, occupant or responsible local agent to
receive notice will not cause the hearing or the
Except as otherwise provided in this article, decision of the housing board of appeals to be
any person issued an order by the city in the defective. The city shall notify the occupants of
course of enforcement of the provisions of this the affected premises of the hearing by regular
article or any other person affected by a city mail or by placing a notice in the entryway of the
order or ruling issued pursuant to authority dwelling unit. Any person requesting a claim of
granted by this article, has the right to appear appeal form shall be notified of the standards for
before the housing board of appeals to appeal the housing board of appeals decisions set out in
decision or interpretation made by the city. All section 10-377.
appeals shall be filed, heard and decided in (Code 1975, § 4-84(e); Code 2002, § 10-375)
accordance with the provisions of this article.
(Code 1975, § 4-84(b); Code 2002, § 10-372)
Sec. 10-376. Appeal fee.
Sec. 10-373. Time period for filing an An appeal fee established by resolution of the
appeal. city commission shall be submitted with any
claim of appeal. The appeal fee shall be waived
An appeal must be filed within 20 days of the
for an applicant whose annual income is below
date of any order or ruling being appealed.
the poverty level as established and modified
However, if an order required the correction of a
from time to time in the annual poverty income
cited violation within a shorter period of time,
level established by the Department of Housing
the appeal must be made within such shorter
and Urban Development of the United States.
period. The housing board of appeals shall not
The housing appeal board may also authorize
have the power to extend the time limits provided
the return of a fee to an appellant if the board
for in this section.
determines that an error by the city caused an
(Code 1975, § 4-84(c); Code 2002, § 10-373)
unnecessary appeal to be submitted.
(Code 1975, § 4-84(f); Code 2002, § 10-376)
Sec. 10-374. Effect of appeal on correction
time limits.
Sec. 10-377. Hearing procedures.
An owner, occupant or responsible local agent
who has been ordered to correct a violation At any hearing of the housing board of appeals,
within a specified period of time shall not be held the following procedures shall be followed:
accountable for any time which elapses between (1) Testimony of the appellant, the city and
the time of filing an appeal and the time a any witnesses shall be recorded.
decision is made by the housing board of appeals.
(Code 1975, § 4-84(d); Code 2002, § 10-374) (2) The appellant or authorized agent of the
appellant and the city employee who
issued the order, notices or ruling shall
Sec. 10-375. Procedure for filing an
be present.
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,
Supp. No. 16 CD10:36
BUILDINGS AND BUILDING REGULATIONS § 10-501
include all evidence and records submit- Sec. 10-381. Compliance with decisions.
ted and show all motions and actions and
It shall be a violation of this article for an
records of the vote of each member of the
owner, occupant or responsible local agent to fail
housing board of appeals.
to comply with special conditions which are a
(Code 1975, § 4-84(h); Code 2002, § 10-377)
part of a housing board of appeals decision
modifying or reversing an order or ruling of the
Sec. 10-378. Decision by the appeals
city.
board.
(Code 1975, § 4-84(q); Code 2002, § 10-381)
After all evidence and testimony has been
presented, the housing board of appeals shall Sec. 10-382. Permanent waiver.
affirm, modify or reverse the order or ruling
being appealed. Any decision of the housing The housing board of appeals may grant a
board of appeals modifying or reversing an order structure a permanent waiver from a specified
or ruling by the city shall require the concurring provision of this article provided the housing
vote of a quorum. board of appeals:
(Code 1975, § 4-84(i); Code 2002, § 10-378) (1) Has determined there is undue hardship
as set forth in section 10-379;
Sec. 10-379. Standard for appeals board
(2) Finds there is an original structural
decisions.
arrangement which cannot be brought to
A decision by the housing board of appeals compliance without unreasonable
shall include the reasons for the decision in the reconstruction; and
language of the decision. Any decision of the
(3)
Determines that the continuation of the
housing board of appeals not complying with this
existing condition will not constitute a
section shall be void. Any decision to reverse or
threat to the health of the occupants.
modify any order or ruling to the city shall:
(Code 1975, § 4-84(r); Code 2002, § 10-382)
(1) Include any necessary special conditions
to carry out the intent of the provisions Secs. 10-383—10-400. Reserved.
being appealed.
(2) Determine that the decision is necessary DIVISION 3. RESERVED*
to avoid causing undue hardship to the
appellant which is not applicable to others Secs. 10-401—10-500. Reserved.
to whom the same provision is applied.
(3) Determine that the order or ruling was
DIVISION 4. INTERNATIONAL PROPERTY
an incorrect interpretation of a standard
MAINTENANCE CODE
of this article.
(4) Determine that an alternative proposed Sec. 10-501. International Property
by an appellant meets the minimum Maintenance Code of 2021.
standards for housing as expressed in
this article. The International Property Maintenance Code
(Code 1975, § 4-84(j); Code 2002, § 10-379) of 2021 and all future amendments and revisions
is adopted by reference and is incorporated in
Sec. 10-380. Abatement. the ordinances of the city. A copy shall be kept on
file in the office of the clerk of the City of
An appeal shall not stay any enforcement
*Editor’s note—Ord. No. 2536, § 1, adopted April 22,
action necessary to abate a condition posing a
2025, repealed div. 3, §§ 10-401—10-415, which pertained to
threat of imminent danger to the life, safety or standards and requirements and derived from Code 1975,
health of any person or of the public. §§ 4-63—4-77, adopted 1975; Code 2002, §§ 10-401—10-415,
(Code 1975, § 4-84(k); Code 2002, § 10-380) adopted 2002.
Supp. No. 16 CD10:37
§ 10-501 MUSKEGON CITY CODE
Muskegon. The International Property be deemed a strict liability offense. If the
Maintenance Code be and is hereby adopted as notice of violation is not complied with,
the property maintenance code of the City of the code official may institute the
Muskegon, State of Michigan for regulating and appropriate proceeding at law or in equity
governing the conditions and maintenance of all to restrain, correct or abate such viola-
property, buildings, and structures; by providing tion, or to require the removal or termina-
the standards for supplied utilities and facilities tion of the unlawful occupancy of the
and other physical things and conditions essential structure in violation of the provisions of
to ensure that structures are safe, sanitary and this code or of the order or the direction
fit for occupation and use; and each and all of the made pursuant thereto. Any action taken
regulations, provisions, penalties, conditions and by the authority having jurisdiction on
terms of said property maintenance code on file such premises shall be charged against
in the office of the City of Muskegon are hereby the real estate upon which the structure
referred to, adopted, and made a part hereof, as is located and shall be a lien upon such
fully set out in this legislation, with the addi- real estate.
tions, insertions, deletions and changes prescribed d) Section 110.4 Failure to comply. Shall be
in section 10-502 of this division. amended and restated to read as follows:
(Ord. No. 2536, § 2, 4-22-2025)
110.4 Failure to comply. Any person who
Sec. 10-502. Amendments, deletions, etc. shall continue any work after having
been served with a stop work order,
The following sections of the International except such work as that person is directed
Property Maintenance Code are amended, deleted to perform to remove a violation or unsafe
or adopted and set forth as indicated. condition, shall be prosecuted as a civil
infraction as provided by state or local
a) Section 101.1 Title. Shall be amended
laws.
and restated to read as follows:
e) Section 302.4 Weeds. Shall be deleted in
101.1 Title. These regulations shall be
its entirety.
known as the International Property
Maintenance Code of the City of Mus- f) Section 302.8 Motor Vehicles. Shall be
kegon hereinafter referred to as "this deleted in its entirety.
code."
g) Section 304.2 Protective treatment. Shall
b) Section 104.1 Fees. Shall be amended and be amended and restated to read as
restated to read as follows: follows:
104.1 Fees. The fees for activities and 304.2 Protective treatment. Exterior
services performed by the department in surfaces, including but not limited to,
carrying out its responsibilities under doors, door and window frames, cornices,
this code shall be as adopted following porches, trim, balconies, decks, and fences,
proper procedures and as amended from shall be maintained in good condition.
time to time by the City of Muskegon. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from
c) Section 109.3 Prosecution of Violation. the elements and decay by painting or
Shall be amended and restated as fol- other protective covering or treatment.
lows: Peeling, flaking and chipped paint shall
109.3 Prosecution of Violation. Any person be eliminated, and surfaces repainted.
failing to comply with a notice of viola- Siding and masonry joints, as well as
tion or order served in accordance with those between the building envelope and
Section 107 shall be deemed responsible the perimeter of windows, doors, and
of a civil infraction as determined by the skylights, shall be maintained weather
local municipality, and the violation shall resistant and watertight. Metal surfaces
Supp. No. 16 CD10:38
BUILDINGS AND BUILDING REGULATIONS § 10-502
subject to rust or corrosion shall be coated deck, ramp or other walking surface that
to inhibit such rust and corrosion, and is more than 30 inches above the floor or
surfaces with rust or corrosion shall be grade below shall have guards. Handrails
stabilized and coated to inhibit future shall be not less than 30 inches in height
rust corrosion. Oxidation stains shall be or more than 42 inches in height measured
removed from exterior surfaces. Surfaces vertically above the nosing of the tread
designed for stabilization by oxidation or above the finished floor of the landing
are exempt from this requirement. or walking surfaces. Existing guards shall
All materials, colors, and product applica- be not less than 30 inches in height
tions used in or for exterior repairs, above the floor of the landing, balcony,
including boarded up windows or doors, porch, deck, ramp, stair nosing, or other
roofing, ceilings, soffits, fascia, decks, walking surface and shall not have open-
landings, porches, and similar repairs ings that allow passage of a sphere greater
shall be installed in a workmanship than 6" in diameter. All new guardrails
manner, consistent with generally and handrails installed after the adop-
accepted construction practices and in tion of this ordinance shall be installed
accordance with the product manufactur- in accordance with the adopted building
ers recommendations. All repairs shall code. Guards shall not be required where
be exterior weather protected and sealed exempted by the adopted building code.
tight. The materials, products, color and
general design of the repair shall be the j) Section 308.2.2 Refrigerators. Shall be
same as that of the existing structure. deleted in its entirety.
h) Section 304.14 Insect screens. Shall be k) Section 309.2 Owner. Shall be amended
amended and restated to read as follows: and restated to read as follows:
304.14 Insect screens. During the period 309.2 Owner. The owner of any structure
from April 1 to October 31, every door, shall be responsible for pest elimination
window and other outside opening
within the structure prior to renting,
required for ventilation of habitable rooms,
leasing, or otherwise allowing occupancy
food preparation areas, food service areas
of the structure. If the code official has
or any areas where products to be included
reason to believe the structure has any
or utilized in food for human consump-
insects, pests, or rodents, the code official
tion are processed, manufactured, pack-
shall have the authority to require the
aged or stored shall be supplied with
owner to eliminate the pests and submit
approved tightly fitting screens on
a written statement from an licensed
minimum 16 mesh per inch (16 mesh per
pest control agency stating that the
25 mm), and every screen door used for
structure has been treated and is free
insect control shall have a self-closing
from insects, pests, or rodents prior to a
device in good working condition. Screens
certificate of compliance issued and before
shall not be required where other approved
inspection and occupancy of the structure
means, such as air curtains or insect
is permitted.
repellent fans, are employed.
i) Section 307.1. General. Shall be amended l) Section 309.3 Single occupant. Shall be
and restated to read as follows: deleted in its entirety.
307.1 General. Every existing exterior m) Section 309.4 Multiple occupancy. Shall
and interior flight of stairs having more be deleted in its entirety.
than four risers shall have a handrail on
one side of the stair and every open n) Section 309.5 Occupant. Shall be deleted
portion of a stair, landing, balcony, porch, in its entirety.
Supp. No. 16 CD10:39
§ 10-502 MUSKEGON CITY CODE
o) Section 403.1 Habitable spaces. Shall be tions of the floor area with a minimum
amended and restated to read as follows: clear ceiling height of 5 feet (1524 mm)
shall be included.
403.1 Habitable spaces. Every habitable
space shall have not less than one open- r) Section 503.1 Privacy. Shall be amended
able window. The total openable area of and restated as follows:
the window in every room shall be equal 503.1 Privacy. Toilet rooms and bathrooms
to not less than 45 percent of the glazed shall provide privacy and shall not
area of the window. constitute the only passageway to a hall
or other space, or to the exterior. A door
p) Section 403.3 Cooking facilities. Shall be
and interior locking device shall be
amended and restated as follows:
provided for all bathrooms and toilet
403.3 Cooking facilities. All dwelling units rooms in a dwelling.
shall include a kitchen that at a minimum s) Section 503.4 Floor surface. Shall be
includes a cooking appliance consisting amended and restated as follows:
of a stove, oven, and a refrigerator, all
appliances shall be maintained in good 503.4 Floor surface. Every toilet room,
condition. A cooking appliance shall not bathroom, and kitchen/cooking room floor
be permitted to be present in a rooming shall be maintained to be a smooth, hard,
unit or dormitory unit. nonabsorbent surface to permit such floor
to be easily kept in a clean and sanitary
q) Section 404.3 Minimum ceiling heights. condition.
Shall be amended and restated as fol-
t) Section 602.3 Heat Supply. Shall be
lows:
amended and restated to read as follows:
404.3 Minimum ceiling heights. Habit- 602.3 Heat supply. Every owner and opera-
able spaces, hallways, corridors, laundry tor of any building who rents, leases or
areas, bathrooms, toilet rooms and habit- lets one or more dwelling units or sleep-
able basement areas shall have a ing units on terms, either expressed or
minimum clear ceiling height of 6 feet 8 implied, to furnish heat to the occupants
inches (2033 mm). In one- and two- thereof shall supply heat during the period
family dwellings, beams or girders spaces from October 1 to May 31 to maintain a
not less than 4 feet (1219 mm) on center minimum temperature of 68°F (20°C) in
and projecting not greater than 6 inches all habitable rooms, bathrooms and toilet
(152 mm) below the required veiling rooms.
height. Basement rooms in one- and
When the outdoor temperature is below
two-family dwellings occupied exclusively
the winter outdoor design temperature
for laundry, study or recreation purposes,
for the locality, maintenance of the
having a minimum ceiling height 6 feet 8
minimum room temperature shall not be
inches (2033 mm) with a minimum clear
required provided that the heating system
height of 6 feet 4 inches (1932 mm) under
is operating at its full design capacity.
beams, girders, ducts and similar obstruc-
The winter outdoor design temperature
tions. Rooms occupied exclusively for
for the locality shall be as indicated in
sleeping, study or similar purposes and
Appendix D of the International Plumb-
having a sloped ceiling over all or part of
ing Code.
the room, with a minimum clear ceiling
height of 6 feet 8 inches (2033 mm) over In areas where the average monthly
not less than one-third of the required temperature is above 30°F (1°C), a
minimum floor area. In calculating the minimum temperature of 65°F (18°C)
floor area of such rooms, only those por- shall be maintained.
Supp. No. 16 CD10:40
BUILDINGS AND BUILDING REGULATIONS § 10-502
u) Section 602.4 Occupiable work spaces. source of connection serving appliances
Shall be amended and restated as fol- or installed in such a manner that impairs,
lows: obstructs, or hinders in any way the path
of egress or could result in the electrical
602.4 Occupiable work spaces. Indoor
cord becoming a trip hazard.
occupiable work spaces shall be supplied
with heat during the period from October x) Section 605.2 Receptacles. Shall be
1 to May 31 to maintain a minimum amended and restated as follows:
temperature of 65°F (18°C) during the
605.2 Receptacles. Every habitable space
period the spaces are occupied. This
in a dwelling shall contain not less than
requirement does not apply to does not
two separate and remote receptacle
apply to processing, storage and opera-
outlets. Every laundry area shall contain
tion areas that require cooling or special
not less than one grounding- type
temperature conditions or areas in which
receptacle. In addition, all receptacles in
persons are primarily engaged in vigor-
laundry areas in the basement must
ous physical activities.
include a ground fault circuit inter-
v) Section 603.1 Mechanical appliances. Shall rupter. Every bathroom shall contain not
be amended and restated as follows: less than one receptacle. Any bathroom
receptacle outlet shall have ground fault
603.1 Mechanical appliances. Function-
circuit interrupter protection. All
ing mechanical appliances, fireplaces, solid
receptacle outlets within six (6') feet of a
fuel-burning appliances, furnaces, and
water appliance such as sinks, laundry
water heating appliances shall be properly
tubs, bathtubs, showers, and similar such
installed and maintained in a safe work-
appliances with water supplies to it shall
ing condition and shall be capable of
have ground fault circuit interrupter
performing the intended function. For all
protection. All receptacle outlets shall
dwelling units all gas fired mechanical
have the appropriate faceplate cover for
appliances shall be inspected by a State
the location.
of Michigan licensed mechanical contrac-
tor and a report of the findings shall be z) Section 704.6.3 Power source. Shall be
submitted prior to the issuance of a amended and restated as follows:
certificate of compliance. The report shall
704.6.3 Power source. Single station smoke
include a part per million reading of
alarms shall receive their primary power
carbon monoxide and such reading shall
from the building wiring provided that
be taken from the clear breathing zone in
such wiring is served from a commercial
the interior of the dwelling.
source and shall be equipped with a
w) Section 604.3 Electrical service hazards. battery backup. All hard-wired smoke
Shall be amended and restated as fol- alarms shall only be replaced with hard
lows: wired smoke alarms. Smoke alarms with
integral strobes that are not equipped
604.3 Electrical service hazards. Where
with battery backup shall be connected
it is found that the electrical system in a
to an emergency electrical system. Smoke
structure constitutes a hazard to the
alarms shall emit a signal when the
occupants or the structure by reason of
batteries are low. Wiring shall be
inadequate service, improper fusing, insuf-
permanent and without a disconnecting
ficient receptacle or lighting outlets,
switch other than is required for overcur-
improper wiring or installation, deteriora-
rent protection.
tion or damage, or for similar reasons,
the code official shall require the defects In existing dwellings, where no construc-
to be corrected to eliminate the hazard. tion is taking place, and where smoke
Electrical cords shall not be the permanent alarms are required by 704.2.1.2, smoke
Supp. No. 16 CD10:41
§ 10-502 MUSKEGON CITY CODE
alarms are permitted to be factory war- any name or nature in existence at the time of
rantied 10 year sealed solely battery the adoption of this division shall be lost or
operated. All smoke detectors must be jeopardized.
UL listed. (Ord. No. 2536, § 4, 4-22-2025)
Smoke alarms are permitted to be fac-
tory warrantied 10 year sealed solely
battery operated in buildings that are
not served from a commercial power
source.
Smoke alarms are permitted to be fac-
tory warrantied 10 year sealed solely
battery operated in existing areas of
buildings undergoing alterations or
repairs that do not result in the removal
of interior walls or ceiling finishes expos-
ing the structure, unless there is an attic,
crawl space or basement available that
could provide access for building wiring
without the removal of interior finishes.
All smoke detectors must be UL listed.
aa) Section 705.1 shall be adopted to read as
follows.
705.3 Carbon monoxide alarms. Carbon
monoxide alarms shall be provided in all
dwelling units where the dwelling unit
contains a fuel fired appliance and/or the
dwelling unit has an attached garage
with an opening that communicates with
the dwelling unit.
Carbon Monoxide alarms shall be installed
in accordance with their listing and the
Michigan Residential Building Code in
effect at the time of installation of the
carbon monoxide detector.
(Ord. No. 2536, § 3, 4-22-2025)
Sec. 10-503. Supersession; savings clause.
This division shall supersede the existing
property maintenance code of the City of Mus-
kegon but all rights and rights of action now
existing, all suits in course of prosecution for or
against the city under the former act shall
remain unimpaired and in case the course of
proceeding provide for in this division shall
differ from that in the property maintenance
code that it supersedes, either method may be
followed, it being the intention that no rights of
Supp. No. 16 CD10:42
Sign up for City of Muskegon Emails