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For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Saginaw.
CONTROLLER. The person under contract with the owner for the management and/or maintenance of the property or who is otherwise authorized by the owner to exercise any physical control over the property, including but not limited to any property management or property preservation company responsible for the maintenance and security of the property.
DRUG RELATED ACTIVITY. The illegal manufacture, sale, distribution, possession, or use of a controlled substance (as defined by Article 7, Controlled Substances, of Michigan's Public Health Code, Public Act 368 of 1978, being M.C.L. §§ 333.7101 et seq.).
LOCAL AGENT. A Michigan-based person or business entity appointed in writing by the owner to be the contact person on behalf of the owner and/or controller with the city.
NON-OWNER OCCUPIED PROPERTY. Any dwelling, dormitory, dwelling unit, apartment house, or guest room in a lodging house, rooming house, bed and breakfast establishment, hotel or motel within the city which is occupied by someone other than the owner.
NUISANCE. A nuisance as defined by § 94.001 of this code of ordinances.
OWNER. The person noted as the last owner of record (i.e. person holding legal title to the property) in the records of the City Assessor.
PERSON. An individual, firm, corporation, trust, estate, partnership, incorporated or unincorporated association, limited partnership, limited liability company, or any other legal entity.
QUALITY OF LIFE VIOLATION.
(1) Occurs when the resident, any members of the resident's household or a guest or other person under the resident's control has been convicted of, defaulted on, or otherwise held responsible for, by or in a court of competent jurisdiction, a violation of any state law or local ordinance on the non-owner occupied property that involves:
(a) Drug related activity;
(c) Criminal gang activity;
(d) Assaultive, threatening, or intimidating behavior (including but not limited to unlawful discharge of firearms);
(e) Malicious destruction of property; or
(f) Conduct that jeopardizes the health, safety, and/or welfare of others. “Conduct that jeopardizes the health, safety, and/or welfare of others” could include, but is not limited to, the following:
2. Unlawful discharge of a firearm violation contrary to § 130.03(D) of this code of ordinances;
3. Illegal business or occupation violation contrary to § 130.33 of this code of ordinances;
4. Noise violation contrary to § 94.047 of this code of ordinances; and
5. Violation of the maximum occupancy overcrowding, illegal use of space provisions of the city ordinance contrary to Chapter 153 of this code of ordinances.
(2) A violation shall be deemed to have occurred in the vicinity of non-owner occupied property if it occurs in an adjacent common area or in the adjacent public right-of-way in front of the non-owner occupied property.
REPEATED QUALITY OF LIFE VIOLATIONS. Will be considered to be three quality of life violations by one or more tenants or their guests, with respect to any dwelling unit within any 12-month period.
UNOCCUPIED PROPERTY. Any improved property or lot that contains a vacant dwelling or other structure, and regardless of the zoning classification of such property.
(Prior Code, § 151.096) (Ord. O-151, passed 9-23-2013, effective 10-3-2013; Ord. O-160, passed 4-20-2015, effective 4-30-2015; Ord. O-209, passed 4-1-2019, effective 4-11-2019; Ord. O-212, passed 8-19-2019, effective 8-29-2019)