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(A) Code adopted. Pursuant to the provisions of the State Construction Code Act of 1972 (Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 et seq.; M.S.A. § 5.2949(1) et seq.), the State Building Code as promulgated by the State Construction Code Commission is hereby adopted by reference and made a part of this code the same as if set forth in full herein. All future additions, deletions, amendments or other changes contained in subsequent additions and supplements of the State Building Code, promulgated by the State Construction Code Commission are hereby referred to, adopted and made a part hereof as though fully set forth in this section.
(B) Enforcing agency designated. Pursuant to the provisions of the State Construction Code, in accordance with Public Act 230 of 1972, § 8b(6), as amended, being M.C.L.A. § 125.1508b(6), the village hereby elects to administer and enforce Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended, and the State Plumbing Code. The village shall also administer and enforce the respective provisions of the State Residential Code, State Uniform Energy Code, and State Rehabilitation Code and all applicable laws and ordinances. A government official registered in accordance with Public Act 54 of 1986, being M.C.L.A. §§ 338.2301 et seq., shall be appointed to receive all fees, issue permits, plan reviews, notices orders and certificates of use and occupancy. All personnel performing plan reviews and inspections shall be registered in accordance with Public Act 54 of 1986, being M.C.L.A. §§ 338.2301 et seq.
(C) Board of Appeals. In order to provide for reasonable interpretations of the provisions of the Building Code there shall be and is hereby created pursuant to § 14 of the State Construction Code Act of 1972, as amended, a Construction Board of Appeals. The Zoning Board of Appeals of the village is hereby constituted the Construction Board of Appeals under the State Building Code. The Building Inspector shall be an ex officio member and shall act as Secretary of the Board. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Inspector with a duplicate copy to the appellant.
(D) Public inspection and distribution of Building Code. Printed copies of the State Building Code are available in the Village Clerk’s office for inspection and use by the public. Copies of the State Building Code are also available for distribution to the public at cost.
(Ord. 94, passed 1-13-1988; Ord. 193, passed 6-8-2011) Penalty, see § 150.99
(A) Code adopted. Pursuant to the provisions of the State Construction Code Act of 1972 (Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 et seq.; M.S.A. § 5.2949(1) et seq.), the State Electrical Code as promulgated by the State Construction Code Commission is hereby adopted by reference and made a part of this code the same as if set forth in full herein. All future additions, deletions, amendments or other changes contained in subsequent additions and supplements of the State Electrical Code, promulgated by the State Construction Code Commission are hereby referred to, adopted and made a part hereof as though fully set forth in this section.
(B) Agency designated. Pursuant to the provisions of the State Electrical Code, in accordance with Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended, the Village Electrical Inspector is hereby designated as the enforcing agency to discharge the responsibilities of the village under the aforementioned Public Act 230 of 1972, as amended. The village assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.
(C) Public inspection and distribution of code. Printed copies of the State Electrical Code are available in the Village Clerk’s office for inspection and use by the public. Copies of the State Electrical Code are also available for distribution to the public at cost.
(Ord. 95, passed 8-10-1988) Penalty, see § 150.99
Electrical installations and materials shall conform to the requirements of the National Electrical Code, 1962 Edition, approved July 24, 1962, by American Standards Association, Inc. The National Electrical Code, 1962 Edition, as promulgated and published by the National Board of Fire Underwriters, New York City, New York, is hereby adopted by reference and made a part of this code the same as if set forth in full herein. The code is adopted by the village for the purpose of regulating the installation, alteration, repair, conversion, use and maintenance of all new electric wiring for light, heat and power service equipment, for radio and television receiving systems and all alterations or extensions to existing wiring systems in buildings and structures. Complete printed copies of the National Electrical Code, herein adopted, are available for public use and inspection at the office of the Village Clerk.
(Ord. 33, passed - -1963; Ord. 61, passed 10-21-1974; Ord. 94, passed 1-13-1988) Penalty, see § 150.99
(A) The installation of all interior plumbing work shall comply with Articles I to XI, inclusive of the State Plumbing Code, which is hereby adopted by reference and made a part of this code, the same as if set forth in full herein.
(B) Within each living unit, there shall be provided the following plumbing fixtures:
(1) A kitchen sink properly located to facilitate food preparation and dishwashing;
(2) A water closet properly vented, located either in the bathroom or in a separate toilet compartment; and
(3) A bathtub or shower located in a bathroom or other equivalently vented space.
(C) Each of the plumbing fixtures shall be permanently installed and connected to the plumbing and water system.
(Ord. 33, passed - -1963; Ord. 61, passed 10-21-1974; Ord. 94, passed 1-13-1988) Penalty, see § 150.99
(A) Pursuant to the provisions of § 4 of Chapter V of The General Law Village Act (Public Act 3 of 1895, being M.C.L.A. §§ 61.1 et seq.) the International Property Maintenance Code as published by the International Code Council, Inc., is hereby adopted by reference, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in this section.
(B) The following sections are hereby revised:
(1) Section 101.1. Insert: Village of Three Oaks;
(2) Section 103.6. Insert: As set from time to time by resolution of the Three Oaks Village Council;
(3) Section 303.14. Insert: June 1 to September 1;
(4) Section 602.3. Insert: October 1 to April 1; and
(5) Section 602.4. Insert: October 1 to April 1.
(C) The following sections of the International Property Maintenance Code are hereby amended or deleted as set forth in additional sections as set forth herein. The following section numbers refer to like numbers of sections of the International Property Maintenance Code.
(1) Section 106.3 of the International Property Maintenance Code is amended to read:
Section 106.3 Prosecution of Violation and Penalties. Any person who violates any of the provisions of this Ordinance, or fails to comply with a notice of violation or order served in accordance with Section 107, in addition to the other provisions of this Ordinance, is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than Fifty ($50.00) Dollars or more than Five Hundred ($500.00) Dollars, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to an increased civil fine as follows:
(1) The fine for any offense which is a first repeat offense shall be not less than Two Hundred Fifty ($250.00) Dollars, plus costs and other sanctions.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than Five Hundred ($500.00) Dollars, plus costs and other sanctions.
A repeat offense means a second (or any subsequent) violation of this Ordinance (I) committed by a person within any six (6) month period and (ii) for which the person admits responsibility or is determined to be responsible.
Each day on which any violation of this Ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(2) Section 106.4 of the International Property Maintenance Code is amended to read:
Section 106.4 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(3) Section 106.5 of the International Property Maintenance Code is hereby deleted.
(Ord. 137, passed 9-13-2000)
DANGEROUS BUILDINGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Any building or structure, residential or otherwise, that has one or more of the following defects or is in one or more of the following conditions:
(1) A door, aisle, passageway, stairway or other means of exit that does not conform to the Village Fire Code or Village Building Code;
(2) A portion of the building or structure is damaged by fire, wind, flood or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of the Housing Law of the State, Public Act 167 of 1917, M.C.L.A. §§ 125.401 et seq., as amended, or the Village Building Code for a new building or structure, purpose or location;
(3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property;
(4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by the Housing Law of the State, Public Act 167 of 1917, being M.C.L.A. §§ 125.401 et seq., as amended, or the Village Building Code;
(5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way;
(6) The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used;
(7) The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act;
(8) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the Health Officer of the village or county determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling;
(9) A building or structure is vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers; or
(10) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under Article 25 of the Occupational Code, Public Act 299 of 1980, being M.C.L.A. §§ 339.2501 et seq., or is not publicly offered for sale by the owner. This division (10) does not apply to either of the following:
(a) A building or structure as to which the owner or agent does both of the following:
1. Notifies the Police Department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given by the owner or agent not more than 30 days after the building or structure becomes unoccupied; and
2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this subchapter and the Housing Law of the State, Public Act 167 of 1917, being M.C.L.A. §§ 125.401 et seq., as amended, or the Village Building Code; or
(b) A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the Police Department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this division (10)(b) shall notify the Police Department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this division (b), SECONDARY DWELLING means a dwelling such as a vacation home or summer home, that is occupied by the owner or a member of the owner’s family during part of year.
ENFORCING AGENCY. This village, through the Village Building Official and/or such other official(s) or agency as may be designated by the Village Council to enforce this subchapter.
VILLAGE BUILDING CODE. The building code administered and enforced in the village pursuant to the State Construction Code Commission Act, Public Act 230 of 1972,being M.C.L.A. §§ 125.1501 et seq., as amended.
(Ord. 123, passed 5-14-1997)
It shall be unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous building as defined in this subchapter.
(Ord. 123, passed 5-14-1997) Penalty, see § 150.99
(A) Notice requirement. Notwithstanding any other provision of this subchapter, if a building or structure is found to be a dangerous building, the enforcing agency shall issue a notice that the building or structure is a dangerous building.
(B) Parties entitled to notice. The notice shall be served on each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records of the village.
(C) Contents of notice. The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building and state that the person to whom the notice is directed shall have the opportunity at the hearing to show cause why the Hearing Officer should not order the building or structure to be demolished, otherwise made safe or properly maintained.
(D) Service of notice. The notice shall be in writing and shall be served upon the person to whom the notice is directed either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served upon a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice shall be served upon the owner or party in interest at least ten days before the date of the hearing included in the notice.
(Ord. 123, passed 5-14-1997) Penalty, see § 150.99
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