(A) Purpose. The purpose of §§ 150.30 through 150.41 is to protect the health, safety and welfare of the people of the city by establishing minimum standards for rental dwellings, to provide for the elimination of overcrowding, to provide standards for sanitary conditions in and around structures used for human habitation, to determine the responsibilities of owners and occupants of rental dwellings and to provide for the administration and enforcement of §§ 150.30 through 150.41.
ACCESSORY STRUCTURES. Any building or structure, other than a rental dwelling, which is located on the same premises as the rental dwelling.
ANNIVERSARY DATE. The date by which the requirements for application, inspection, and certification for the annual rental inspection shall have been met.
APPROACH. An area improved for vehicular traffic within a public street right-of-way which connects the traveled portion of the street with a driveway.
BASEMENT. That portion of a building which is partly below and partly above grade and which has at least one-half of its height below grade.
BASIC STRUCTURAL ELEMENTS. The parts of a building which provide the principal strength, stability, integrity, shape and safety, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.
BOARDING HOUSE. Any dwelling occupied in any such manner that certain rooms in excess of those used by members of the family, as hereinafter provided, and occupied as a home or family and are leased or rented to persons outside of the family, without any attempt provided there or therewith for cooking or kitchen accommodations.
BUILDING MATERIALS. Includes, but is not limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, fence posts and fencing.
CEILING HEIGHT. The clear vertical distance from the finished floor to the finished ceiling.
CELLAR. That portion of a building which has at least one-half of its height below grade.
CITY. The Municipal corporation that is the City of Imlay City and includes all authorized agents of the City when acting within the scope of their authority.
DETERIORATION or DETERIORATED. The fact or process of decay or degeneration which has progressed to the point where it has resulted in or will soon result in making a structure, object, or mechanism unsafe, unsanitary, inoperable, unusable, or unsuitable for its intended use, including, but not limited to, the advanced stages of rot, rust, mold, insect ingestion, infestation, or destruction.
DRIVEWAY. A passageway for motor vehicles over private property, leading from a street or alley to a garage or parking spaces. The driveway must be at least 10 feet wide, and shall not exceed 12 feet in width.
DWELLING. Any structure, including the yard or part thereof, used for residential purposes, whether occupied or not.
DWELLING UNIT. A single room or rooms providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
EMERGENCY. A condition of imminent danger calling for immediate action to avoid death, injury, or illness to a human or the destruction or severe damage of real or personal property.
EXIT. That portion of a means of egress which is separate from all other spaces of a building or structure by construction or equipment.
EXIT ACCESS. That portion of a means of egress which leads to an entrance to an exit.
EXIT DISCHARGE. That portion of egress between the termination of an exit and a public way.
EXTERMINATION. The control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest eliminative methods approved by the Housing Code Official.
FAMILY. An individual or a group of two or more persons related by birth, adoption, or marriage, together with not more than two additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling.
FINISH SURFACES. Material used for the final covering of basic structural elements. FINISH SURFACES include, but are not limited to, ceilings, walls, wainscoting, kickboards, moldings, stops and floor coverings.
FIRE HAZARD. A condition which may cause loss, damage, or injury to persons or property by reason of fire, explosion, or action of the elements.
FURRED CEILING. Any ceiling which is installed below the joists which constitute the structural framing of the floor/ceiling assembly or attic floor above.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
GRADE. A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
GUEST ROOM. Any room or rooms used, or intended to be used, by a guest for sleeping purposes.
HABITABLE FLOOR AREA. The net floor area within the enclosing walls of the room excluding built-in equipment such as wardrobes, cabinets, kitchen units, or fixtures that is in compliance with the required minimum ceiling height for a habitable room area.
HABITABLE ROOM. Any room within a structure for living, sleeping, eating or cooking. (Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms.)
HOTEL/MOTEL. Any building containing six or more guest rooms, intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
HOUSEKEEPING UNIT. Individuals living together in a dwelling unit.
INFESTATION. The presence, within or around the dwelling, of any birds, rodents, cockroaches, fleas, lice, bedbugs, or vermin.
INTERIOR FIXTURES. Those interior items and hardware which provide customary finished amenities and protection within a dwelling. INTERIOR FIXTURES include, but are not limited to, doors, door knobs, latches, locks, hinges, handles, hooks, light fixtures, electrical outlets or switch cover plates, vents or opening grates, railings, shelving, cabinetry and mirrors.
JUNK. Includes any abandoned, discarded, unusable, or unused objects or equipment including, but not limited to, furniture, stoves, refrigerators, freezers, cans, implements, parts of motor vehicles, machinery, cloth, rubber, bottles, any metals, boxes, cartons, or crates.
MEANS OF EGRESS. A continuous and unobstructed path of travel from any point in a building or structure to a public way, and consisting of three separate and distinct parts:
(a) The exit access,
(b) The exit, and
(c) The exit discharge.
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MEANS OF EGRESS comprises the vertical and horizontal means of travel and shall include intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts, and yard.
NATURAL PERSON. A human being.
NUISANCE.
(a) Any public nuisance known at common law or equity.
(b) Any condition which might attract, and be dangerous to children, whether in a dwelling, on the premises upon which a dwelling is located, or upon an unoccupied lot near or on the premises upon which a dwelling is located, or upon an unoccupied lot near a dwelling. This includes, but is not limited to, abandoned wells, cisterns, shafts, basements, excavations, abandoned refrigerators and motor vehicles or parts thereof; structurally unsound fences, outbuildings or structures; lumber, rubbish, fences, debris, vegetation, mounds of gravel, sand or earth which might prove a hazard for inquisitive minors, and whatever is dangerous to human life or is detrimental to health.
(c) Overcrowding a room with occupants.
(d) Lack of adequate egress.
(e) Insufficient ventilation or illumination.
(f) Inadequate or unsanitary sewage or plumbing facilities.
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(g) Improper disposal of garbage and rubbish.
(h) Whatever renders air, food, or drink unwholesome or detrimental to health, as determined by the Housing Official.
(I) Insufficient support, inadequate sewage drainage, heating or wiring.
OCCUPANCY or OCCUPY. The fact or act of a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being is physically present or temporarily absent.
OPEN WINDOW AREA. The resulting square footage of open space to the outdoors when a window has been opened to its maximum distance as measured clear of the sash frame.
OWNER or OWNERSHIP. Any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common or as a land contract vendee. OWNER also shall mean any person who in fact has been empowered to act on behalf of, or as the agent
of, the owner and also shall mean any person who has or exercises care, custody, dominion or control over any property.
PARKING SPACE. An area used for the purpose of parking a single motor vehicle. A parking space shall be no less than 10 feet in width and 22 feet in length.
PERSON. A natural person, firm, partnership, association or corporation.
PREMISES. Any improved or unimproved lot or parcel of land and its buildings and structures.
REMOTE EXIT. A required exit providing a protected way of travel to an exit discharge which is as far removed as practical from the sleeping area.
RENTAL DWELLING. A dwelling containing dwelling units which are leased or rented that is not owner occupied, including consumer housing cooperatives and limited dividend housing corporations as defined in M.C.L.A. § 125.1411.
RENTAL UNIT. Any dwelling unit rented or leased.
RESPONSIBLE PARTY. Any person, including but not limited to owner, land contract holder, land contract vendee, tenant or responsible agent, who has the responsibility to construct and/or maintain a dwelling in compliance with §§ 150.30 through 150.41. The name and address of the responsible party shall be determined from information placed on file with the Assessor's Office, Treasurer's Office, and/or County Register of Deeds Office.
ROOMER. A person who is provided with living and sleeping quarters within a rooming dwelling.
ROOMING DWELLING. A dwelling containing rooming units.
ROOMING UNIT. A room or group of rooms located within a rooming dwelling used or intended to be used for living and sleeping, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, etc.
RUBBISH CONTAINER. A watertight container with tight fitting lid for the temporary storage of garbage and rubbish that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions.
SANITARY. Free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors or which provides food for, or is an available source of food for animals or insects.
STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground.
UNFIT DWELLING. Any dwelling, dwelling unit, or rooming unit, in whole or in part, which shall be found to have any of the following defects:
(a) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or to the public.
(d) One which exposes or could expose the occupants to dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, or other harmful pollutants.
(e) One which, because of its location, exposes or could expose the occupants to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards, mudslides, or excessive noise, vibration or vehicular traffic.
UNSAFE. A condition which is reasonably likely to do harm to humans or property if not corrected or stopped.
VERMIN. Rodents, birds and insects which may be destructive of real or personal property or injurious to health.
WINDOW AREA. The area of the glazing of a window through which light passes, including the area taken up by window pane dividers.
YARD. All parts of a piece of property lying between a dwelling foundation and the property lines, as well as that portion of public property or a right-of-way lying between that piece of property and the street curb or pavement or lying between the piece of property and the centerline of an alley.
(Ord. 7.3, passed 2-4-97; Am. Ord. passed 10-1-02; Am. Ord. 7.3, passed 7-15-03) Penalty, see § 150.99(C)