(A) No person or entity shall commit, create, or maintain any nuisance or permit any nuisance to be committed, created or maintained on any property owned, occupied or possessed by the person. The following are deemed nuisances per se:
(1) The maintenance of any pond, pool of water, or vessel holding stagnant water;
(2) The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or sidewalk, or in or on any private place or premises where such throwing, placing, depositing is dangerous or detrimental to public or personal health, or likely to cause sickness or attract flies, insects, rodents and/or vermin, by any person of any animal or vegetable substance, dead animal, fish, shell, tin cans, bottles, glass, or other rubbish, dirt, excrement, filth, unclean or nauseous water, or fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns, rotten soap, grease or tallow, offal or any other offensive article or substance whatever;
(3) The pollution of any stream, lake or body of water by depositing or permitting to be deposited any refuse, foul, or nauseous liquid or water, creamery or industrial waste, or forcing or discharging into any public or private sewer or drain any steam, vapor or gas;
(4) Any vehicle used for any immoral or illegal purpose;
(5) Betting, bookmaking and all apparatus used in such occupations except as these activities may be permitted by state or federal statutes;
(6) All gambling devices except those licensed by state or federal statutes;
(7) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;
(8) All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount contrary to the provisions of this code, or statutes of the State of Michigan;
(9) All buildings, walls and other structures, vehicles, boats, trailers, personal property or other objects which have been damaged by fire, decay, or otherwise;
(10) All excavations remaining unfilled or piles of dirt caused thereby which remain uncovered for a period of five days or longer. A written extension of this five-day period may, in appropriate cases, be granted by the City Manager upon request of the owner or other possessor of the premises where insurance monies are forthcoming for clean-up purposes but have not been received;
(11) The disposing of any garbage within the city, on private or public property, or disposing of garbage in any public or private dumpster or receptacle without authorization of the owner of the dumpster or receptacle to do so;
(12) Any two-family or multi-housing unit or rental housing unit or business establishment shall have its garbage containers, dumpsters, trash receptacles or grease containers, containing 30 gallons or more, in a fenced area made of chain link, brick or block enclosure of at least the same height and width of the container(s). (All business/rental housing units shall comply by 01/01/2007; all other units shall comply upon this chapter becoming effective). Private residences are prohibited from placing dumpsters on the property unless a temporary permit is issued by the City Manager for construction, remodeling or demolition;
(13) The placing of garbage containers, dumpsters or trash receptacles in a public right-of-way except on collection day;
(14) The throwing or placing of any garbage or refuse upon the grounds or burying the same on any premises, public or private, or burning the same in any manner;
(15) The depositing or scattering of garbage or refuse on any public street, alley or other public property in the city;
(16) All dangerous, unguarded excavations or machinery in any public place, or so situated, left or operated on private property as to attract the public;
(17) The parking or placing of any motor home, camper, tent, recreational vehicle, or shelter of any type on public or private property and using such motor home, camper, tent, recreational vehicle, or other type of shelter for the purpose of camping or residing unless the parking and use is at an authorized or permitted camping site, without a permit from the Director of Public Safety. This section shall not apply to common over-night sleep out of children in their residential yards;
(18) The owning, driving or moving upon any public streets and alleys of trucks or other motor vehicles which are constructed or loaded so as to permit any part of their load or contents to blow, fall, or be deposited upon any street, alley, sidewalk or other public or private place, or which deposits from its wheels, tires, or other parts onto the street, alley, sidewalk or other public or private place dirt, grease, sticky substances, or foreign matter of any kind. Provided, however, that under circumstances determined by the City Manager to be in the public interest, he may grant persons temporary exemption from the provisions of this subsection conditioned upon cleaning and correcting the violating condition at least once daily and execution of an agreement by such person to reimburse the city for any extraordinary maintenance expenses incurred by the city in connection with such violation;
(19) The placing or causing to be placed in or on any motor vehicle, wagon, trailer, or coach, owned, leased operated or under the control of any person or entity, parked upon any street, alley or other public place within the corporate limits of the city, any paper, posters, signs, cards, or other advertising, excluding commercial services vehicles;
(20) No person shall tack, nail, paste or in any manner attach or affix to any telegraph, telephone, electric light, power or fire alarm pole any advertisement or any advertising matter, sign, notice or placard, in any street, alley, park, lane, or public place in the city with the following exceptions: agents, employees and/or representatives of the city are exempt from this provision for placing directional, traffic control devices, tourist directional or other informational signs;
(21) Earth changes which disturb less than one acre of land for which allowed uses are other than industrial or commercial, which may include deposit or removal of top soil, sub- soil, gravel, sand, earth, rock, stone, concrete materials and other similar materials in an amount of more than 30 cubic yards without written permission of the City Manager, or designee, upon showing that such changes will not impair the use of the property as zoned or unreasonably interfere with the lawful use of abutting property.
(22) The parking of commercial or private trailer/containers on any property, private or public, for the use as a storage unit or shed is prohibited unless obscured from view or a temporary permit is issued by the City Manager;
(23) All swimming pools capable of containing water at a depth greater than two feet, shall abide by the following restrictions:
(a) The pool shall be placed on the property within the rear and sidelines of the residence unless placement elsewhere on the property is authorized by permit from the City Manager.
(b) A fence made of chainlink, wood or plastic shall be constructed around the perimeter of the pool at a minimum height of four feet above the ground surface.
(24) Fences erected within the city shall conform to the following minimum requirements; and any additional requirements set forth on the fence permit application:
(a) The fence shall be placed on or within the applicants property line of owner.
(b) Construction materials shall only be of chainlink, wood, plastic, brick or block, and it shall not exceed six feet in height. The finished side shall be erected towards the neighbor or public right-of-way. The property owner shalt maintain the fence. No fence shall be constructed using barbed or razor wire.
(B) Any violation of any one or more of the following housing provisions is considered a nuisance per se:
(1) Exterior requirements.
(a) Scope and responsibility. The owner or occupier of the dwelling unit shall maintain such structures and exterior premises in compliance with the requirements of this section. A person shall not rent to another for occupancy or use premises which do not comply with section.
(b) Premises conditions.
1. Sanitation. All exterior premises shall be maintained in a safe condition and shall not be occupied unless in a sanitary condition as described by § 97.27.
2. Grading and drainage. All exterior property shall be graded and maintained so as to prevent the accumulation of stagnant water thereon.
(c) Structural conditions.
1. Generally. The exterior of a building shall be structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants, neighbors or the general public, and so as to protect the occupants from the outside environment.
2. Structural members. All supporting structural members of buildings shall be kept structurally sound, free of deterioration and maintained so as be capable of safely bearing the dead and live loads imposed upon them.
3. Exterior surfaces. Every foundation exterior wall, roof and other exterior surface shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents and birds.
4. Foundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads.
5. Exterior walls. Exterior walls shall be free of holes, breaks, loose or rotting boards or timber and other conditions which might admit rain or dampness to the interior portion of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated, when required, to prevent deterioration such as by painting or similar surface treatment.
6. Roofs. The roof shall be structurally sound, tight and shall not have defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.
7. Chimneys. All chimneys and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
8. Stairs and porches. Every stair, porch and balcony, and any appurtenance attached thereto, shall be constructed to be safe for use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair.
9. Window and door frames. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling or structure.
10. Weathertight. Windows and exterior doors shall be fitted reasonably in the frames and shall be weathertight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.
(2) Interior requirements.
(a) Scope and responsibility. The owner or occupier of a dwelling unit shall maintain the interior of a structure and its equipment in a safe, structurally sound and sanitary condition and in compliance with the requirements of this section. Both the owner and the occupier shall be jointly and severally responsible for compliance.
(b) Structural members. The supporting structural members of every building shall be maintained so as to be structurally sound and shall not show any evidence of deterioration which would render them incapable of carrying the imposed loads.
(c) Interior conditions.
1. Surfaces. Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in a good, clean and sanitary condition.
2. Lead-based paint. Lead-based paint with a lead content of more than 0.5% shall not be applied to any interior or exterior surface of a dwelling, dwelling unit or child care facility, including fences and outbuildings at these locations. Existing interior and exterior painted surfaces of dwelling units and child care facilities that contain an excess of 0.5% lead shall be removed or covered with paneling or other suitable covering approved by the Housing Administrator.
3. Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
4. Decay. Every dwelling unit and common space shall be maintained reasonably free from mold, mildew, standing water and other conditions conducive to decay or deterioration of the structure.
(d) Exit doors. Every door available as an exit shall be capable of being opened easily from the inside without the use of a key.
(e) Exit facilities. All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or that are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.
(3) Light and ventilation.
(a) Scope and responsibility. The owner or occupier of a dwelling unit shall provide and maintain light, ventilation and space conditions in compliance with the requirements of this section.
(b) Alternative devices. In place of the means for natural light and ventilation herein prescribed, alternative arrangement of windows, louvers or other methods and devices that will provide the equivalent minimum performance requirements shall be permitted when complying with the state construction code.
(c) General requirements.
1. All spaces or rooms shall be provided sufficient light and ventilation so as not to endanger health and safety.
2. Every habitable room shall have at least one window of an approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be 8% of the floor area of such room, except in rooms where artificial light may be provided in accordance with the state construction code.
(4) Plumbing.
(a) Scope and responsibility. The owner or occupier of a dwelling unit shall provide and maintain plumbing facilities and fixtures in compliance with the requirements of this section.
(b) Required facilities. Every rental dwelling unit shall have its own plumbing facilities which are in proper operating condition, which can be used in privacy and which are adequate for personal cleanliness and the disposal of human waste. All plumbing facilities shall be supplied and maintained in a sanitary and safe working condition.
(c) Water closet and lavatory. Every rental dwelling unit shall contain within its walls a room, separate from habitable rooms, which room affords privacy and a water closet supplied with cold running water. The lavatory may be placed in the same room as the water closet or, if located in another room, the lavatory shall be located in close proximity to the door leading directly into the room in which such water closet is located. The lavatory shall be supplied with hot and cold running water.
(d) Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in such room and which is equipped with a bathtub or shower supplied with hot and cold running water.
(e) Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under this section, and such sink shall be supplied with hot and cold running water.
(f) Water system.
1. Generally. Every sink, lavatory, bathtub, shower, drinking fountain, water closet or other facility shall be properly connected to either a public water system or to an approved private water system. All lavatories, bathtubs, showers and required sinks shall be supplied with hot and cold running water.
2. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture.
3. Supply. The water supply system shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.
4. Water heating facilities. Where hot water is provided, water heating facilities shall be installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, laundry facility or other similar unit at a temperature of not less than 110ºF (43.33ºC).
(g) Sewerage system.
1. Every sink, lavatory, bathtub, shower, drinking fountain, water closet or other facility shall be properly connected to either a public sewerage system or to an approved private sewage disposal system.
2. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the state construction code.
(5) Mechanical requirements.
(a) Scope and responsibility. The owner or occupier of a dwelling unit shall provide and maintain such mechanical facilities and equipment in compliance with the requirements of this section.
(b) Heating facilities. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65ºF (18.33ºC) at a point three feet (0.91 m) above the floor and three feet (0.91 m) from any exterior wall.
(c) Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and shall be kept functioning properly so as to be free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the state construction code or other law or ordinances applicable thereto.
(d) Portable cooking equipment. Portable cooking equipment employing flame is prohibited, except for approved residential type food trays or salvers which are heated by a candle or alcohol lamp.
(e) Installations. All mechanical equipment shall be properly installed and safely maintained in good working condition and shall be capable of performing the function for which it was designed and intended.
(f) Flues. All fuel-burning equipment shall be connected to an approved chimney, flue or vent, and all required clearances to combustible materials shall be maintained. All chimneys shall be free of excessive creosote buildup.
(g) Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
(h) Combustion air. A supply of air for the complete combustion of fuel and for ventilation of the space shall be provided to the fuel-burning equipment.
(i) Fireplaces. A fireplace or other construction or device intended for a use similar to a fireplace shall be stable, structurally safe and connected to an approved chimney.
(6) Electrical requirements.
(a) Scope and responsibility. The owner or occupier of a dwelling unit shall provide and maintain electrical facilities and equipment in compliance with the requirements of this section. A person shall not rent to another for occupancy any premises which do not comply with the requirements of this section.
(b) Outlets. Every room, except a closet, shall contain at least two separate and remote outlets, one of which may be a ceiling or wall-type electric light fixture. In a kitchen, three separate and remote wall-type electric convenience outlets or two such convenience outlets and one ceiling or wall-type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be at least one electric outlet.
(c) Installations. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(d) Defects. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or to the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring installation, deterioration or damage, or for similar reasons, the owner or occupier shall correct the defects within ten days. Failure to do so constitutes a nuisance.
(7) Fire safety.
(a) Scope and responsibility. The owner of a dwelling unit shall provide and maintain fire safety facilities and equipment in compliance with the requirements of this section, other ordinances and state law. No person shall rent to another for occupancy any premises which do not comply with the requirements of this section.
(b) Egress. A safe, continuous and unobstructed means of egress shall be provided from the interior of a structure to the exterior at a street, or to a yard, court or passageway leading to a public open area at grade.
(c) Direct exit. Every dwelling unit or room shall have access directly to the outside or to a public corridor.
(d) Locked doors. All doors in the required means of egress shall be readily openable from the inside without the use of keys. Exits from dwelling units shall not lead through other such units or through toilet rooms or bathrooms.
(e) Fire escapes. All required fire escapes shall be provided and maintained in working condition and shall be structurally sound.
(f) Emergency escapes.
1. Windows or doors. Every sleeping room shall have a safe means of emergency escape to the outside consisting of an emergency escape window or door.
2. Maintenance. Emergency escape windows and doors shall be maintained operational and available to occupants of sleeping rooms in residential uses.
3. Security. Bars, grilles, grates or similar devices shall not be installed in a required emergency escape window except when such devices are equipped with approved release mechanisms which are openable from the inside without the use of a key, special knowledge or excessive force.
(g) Accumulation and storage.
1. Waste materials. Waste, refuse or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
2. Flammable and explosive matter. Highly flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or combustible refuse, such as waste paper, boxes and rags, shall not be accumulated or stored on residential rental premises except in reasonable quantities consistent with normal usage.
3. Flammable liquids. A dwelling unit shall not be located within a structure containing an establishment handling, dispensing or storing flammable liquids with a flash point of 110ºF (43.33ºC) or lower, except as provided for in the state construction code.
4. Generally. Floors, walls, ceilings and other elements and components, when provided to meet a fire-resistant rating, shall not be altered so that the respective fire-resistant rating of the enclosure, separation or construction is diminished.
(h) Fire protection systems.
1. Generally. All fire protection systems and equipment shall be maintained in proper operating condition at all times.
2. Fire alarms. Fire alarms and detecting systems shall be maintained and shall be suitable for their respective purposes.
3. Fire extinguishers. All portable fire extinguishers shall be visible, accessible and maintained in an efficient and safe operating condition.
4. Smoke detectors. Smoke detectors shall be provided as required by city ordinances.
(Ord. passed 10-27-98; Am. Ord. eff. 6-21-04; Am. Ord. eff. 7-17-06)