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The Inspector of the city and any inspector assigned to the Chief Inspector (collectively described as “Inspectors”) are hereby authorized and directed to administer and enforce all the provisions of this chapter. For the purpose of enforcing this chapter, the Inspector shall have the powers of a police officer, except the Inspector shall not have the power of arrest.
(Prior Code, § 151.130) (Ord. D-1595, passed 7-31-1989, effective 9-1-1989)
Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Chief Inspector may, as the Chief Inspector deems to be appropriate under the circumstances, grant modifications for individual cases. No modification shall be approved unless the Inspector shall first find that a special individual reason makes the strict letter of this chapter impractical and that the modification is in conformity with the intent and purpose of this chapter. Such modification may be granted only when the modification does not lessen any fire protection requirements, compromise structural integrity, or otherwise adversely affect any other safety requirements. The details of any action granting modification shall be recorded and entered in the files of the city, Division of Inspections.
(Prior Code, § 151.131) (Ord. D-1595, passed 7-31-1989, effective 9-1-1989)
(A) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Inspector has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes the building or premises unsafe, dangerous, or hazardous, the Inspector may enter the building or premises at all reasonable times to inspect it or to act to enforce this chapter. If the building or premises is occupied, the Inspector shall first present proper credentials and request entry. If the building or premises is unoccupied, the Inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(B) When the Inspector has requested entry as provided above, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect to promptly permit entry therein by the Inspector for the purpose of inspection pursuant to this chapter. If entry is then refused, the Inspector shall have recourse to every remedy provided by law to enforce this chapter.
(Prior Code, § 151.132) (Ord. D-1595, passed 7-31-1989, effective 9-1-1989)
(A) Notice of violation.
(1) (a) Whenever the Inspector determines that there exists a violation of any provision of this chapter, he or she shall give notice of the violation and shall order compliance with the provisions of this chapter to the owner of the premises.
(b) For the purposes of this chapter, the
OWNER is:
1. The person or persons identified in the records of the Assessor of the city as the owner(s) of record of the premises, if any;
2. The person identified there as the payor of the taxes on the premises;
3. Any other person claiming, in writing to the Inspector, an ownership interest in the property (“other claimant”) regarding all violations for which the owner is responsible under this chapter; or
4. The occupant regarding all violations for which the occupant is responsible under this chapter.
(2) The notice and order shall:
(a) Be in writing;
(b) Include a list of the violations referring to the sections of this chapter violated;
(c) Set a reasonable time, not to exceed 90 days in any event, for the performance of any act it requires;
(d) Contain an outline of remedial action which, if taken, will result in compliance with the provisions of this chapter;
(e) Advise the owner and/or occupant of the procedure for appeal; and
(f) Be served upon the owner, any other claimant, and/or occupant by delivering it to him or her personally; or by leaving it at his or her or their residence, office, or place of business with some person of suitable age and discretion who shall be informed of its contents; or, by mailing a copy of it by certified mail to his or her last known address with a return receipt requested and by posting the notice in some conspicuous place on the premises; or by legal publication made pursuant to Michigan Court Rules.
(3) If any person to be served pursuant to this section refuses or fails to accept such service; if an owner is not identifiable from the records of the City Assessor; if there is no other claimant as described in this section known to the Inspector, or if such other claimant fails, in his or her writing, to provide an adequate address for service; or if there is no known occupant of the premises; then the service required by this section is accomplished solely by the posting of the notice in some conspicuous place on the premises or by legal publication made pursuant to Michigan Court Rules.
(4) The failure to receive notice shall not affect the validity of any proceedings against the owner or occupant.
(B) Duplicate notice. Whenever the owner or other claimant of the premises regulated by this chapter is notified of a violation for which he or she is responsible under this chapter, a copy of the notice shall also be delivered or sent by ordinary mail to the occupant of the premises. Whenever an occupant is notified of a violation for which the occupant is responsible, a copy of the notice shall also be delivered or sent by ordinary mail to the owner of the premises. Failure to send the duplicate notice, however, shall not affect the validity of any proceedings against the owner or occupant.
(Prior Code, § 151.133) (Ord. D-1595, passed 7-31-1989, effective 9-1-1989)
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