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(A) No short-term rental unit may be occupied or advertised for rent unless the village has issued a valid short-term rental unit permit pursuant to this chapter.
(B) A short-term rental unit permit shall be granted only when all of the requirements in this chapter for short-term rental units and applications for a short-term rental unit permit are met.
(C) Permit contents and requirements.
(1) Each short-term rental unit permit shall indicate the maximum occupancy load. No owner, local agent, or tenant shall allow a rental unit to be occupied by more tenants than the number stated on the permit. The maximum occupancy load shall be stated in the lease and other rental documents.
(2) No rental unit permit shall be valid until the appropriate fee is paid, in the amounts as established from time to time by resolution of the Village Council.
(3) No permit shall be issued to any owner unless that owner is current on the payment of all real property taxes, utility rates, fees, charges, special assessments and other amounts due the village. Delinquencies on any such payments to the village, regardless of whether they relate to the rental unit for which a rental unit permit is sought shall result in denial of the permit.
(D) Upon request by any tenant or prospective tenant, the owner or agent shall provide the tenant or prospective tenant with a copy of the short-term rental unit permit, as well as a copy of the lease containing the required disclosures.
(E) A valid short-term rental unit permit may be transferred to a new owner of a short-term rental unit upon the village’s prior written consent once the new owner files an application meeting all the requirements of this chapter.
(F) Compliance with applicable zoning, construction, building and property maintenance codes shall be a condition of all rental unit permits. Violations of any of those codes shall also be a violation of this chapter.
(G) If the owner of a short-term rental unit does not qualify as a local agent, the owner shall designate a local agent and authorize the agent in writing to act as the owner’s agent for any acts required of the owner or the owner’s agent under this chapter.
(H) Each short-term rental unit shall have a landline telephone with free local calls, which will appear at the 911 dispatch center. The owner of each short-term rental unit must prominently display in the unit a notice indicating the unit’s street address, municipality, and other such descriptive information which, if relayed to the 911 dispatch center, would allow emergency responders to quickly locate and enter the rental unit, and further recommending that tenants who use communication devices that may be used to summon aid in an emergency, register those devices to the rental unit’s location, if appropriate.
(I) Each short-term rental unit must have a minimum of one off-street parking space for each occupant’s vehicle in addition to any other spaces required under applicable laws, rules and regulations for any other uses in the building or on the premises.
(J) The owner of each short-term rental unit must prominently display a full-sized copy of the short-term rental unit permit in each short-term rental unit.
(K) No more than four occupants per bedroom shall be included in the calculation of the maximum occupancy load of a short-term rental unit, regardless of the size of the bedroom.
(L) The owner of each short-term rental unit shall not advertise an occupancy load that is greater than the maximum occupancy load limit.
(Ord. 210, passed 6-14-2017) Penalty, see § 115.99
(A) Before issuing a short-term rental unit permit, the village shall inspect the short-term rental unit in order to determine whether it is in compliance with the housing and property maintenance code, the fire code, this chapter, and other applicable laws and regulations. The owner shall pay administrative fees as set by resolution of the Village Council.
(B) Upon written notice from the village, it shall be the owner’s responsibility to schedule and allow the village’s inspection of the short-term rental unit. When an inspection is required for the renewal of an existing permit, the owner shall schedule and permit that inspection no later than 30 days before the expiration of that permit. Inspections shall occur during the village’s regular business hours, unless the village agrees to other arrangements, and all fees shall be paid prior to the inspection.
(C) If an inspection reveals that the short-term rental unit is not in compliance with the housing and property maintenance code, the owner shall be provided a written list of deficiencies or violations that must be corrected before a permit is issued.
(D) The village may conduct additional inspections as it deems necessary, upon reasonable notice to the owner or agent, such as:
(1) When a complaint is filed with the village; or
(2) The village otherwise has reasonable cause to believe a rental unit is in violation of any village ordinance.
(E) For short-term rental units, between each short-term rental to a different tenant, the local rental agent shall inspect the premises using a village designated checklist and shall ensure that all smoke detectors, carbon monoxide detectors, lights in common areas and stairways, egress doors, and railings are in a safe and working condition; any defects discovered shall be corrected promptly. Upon inspection, the agent shall sign and date that checklist and shall maintain it for village inspection and copying for a period of at least two years.
(F) If the village becomes aware of code or other deficiencies or violations subsequent to the issuance of a permit, the village may revoke the current permit and may also take any other action allowed by law.
(G) Before renewing a short-term rental unit permit, the village shall inspect the short-term rental unit in order to determine whether it remains in compliance with the housing and property maintenance code, the fire code, this chapter, and other applicable laws and regulations. The owner shall pay administrative fees as set by resolution of the Village Council.
(Ord. 210, passed 6-14-2017)
(A) The owner of each short-term rental unit shall be responsible for the installation of smoke detectors/alarms in each rental unit. All smoke detectors/alarms shall be UL (Underwriters Laboratories, Inc.) approved, and shall be installed in accordance with the provisions of the Michigan Residential Code and the household fire warning equipment provisions of the National Fire Protection Association (NFPA) Standards § 72.
(B) Smoke detectors/alarms shall be installed in the following locations:
(1) In each sleeping room;
(2) Outside of each separate sleeping area in the immediate vicinity of the bedrooms; and
(3) On each additional story of the rental unit, including basements and cellars, but not including crawl spaces and uninhabitable attics. In rental units with split levels and without an intervening door between the adjacent levels, a smoke detector/alarm installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(C) The owner of each short-term rental unit shall be responsible for the installation of a carbon monoxide detector in each rental unit. All carbon monoxide detectors shall be of the type described in M.C.L.A. § 125.1504d.
(D) The owner of each short-term rental unit shall be responsible for the installation of a fire extinguisher in the kitchen of each unit and near each outdoor cooking device.
(E) No person shall tamper or interfere with the effectiveness of a smoke detector, carbon monoxide detector or fire extinguisher required by this section.
(Ord. 210, passed 6-14-2017) Penalty, see § 115.99
(A) Violations as municipal civil infractions. Any person who violates any of the provisions of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, 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 $250, 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 $500, plus costs and other sanctions.
(3) A repeat offense means a second (or any subsequent) violation of this chapter:
(a) Committed by a person within any three month period; and
(b) For which the person admits responsibility or is determined to be responsible.
(B) Revocation of registration.
(1) Offenses warranting revocation. The village may revoke the short-term rental permit for any short-term rental which is the site of at least three separate incidents (occurring on three separate days) within a calendar year resulting in a plea of responsibility (with or without an explanation), a plea of guilty, a plea of no contest, or a court's determination of responsibility or guilt by the owner, local agent, or any renter for a violation of one or more of the following:
(a) Any provision of this chapter;
(b) The village noise and nuisance ordinance;
(c) Any violation of the zoning ordinance or any permit or approval issued pursuant to the zoning ordinance.
(2) Revocation procedure. Upon a determination by the village that the short-term rental permit is subject to revocation pursuant to division (B)(1), the village shall issue a notice to the property owner and the local agent stating that the village intends to revoke the short-term rental permit. The notice shall inform the owner and local agent of a right to a hearing to show cause as to why the short-term rental permit should not be revoked, if a hearing is requested within 14 days of the service of the notice. If a hearing is timely requested, the village shall schedule the hearing before the Village Manager and notify the owner and local agent in writing of a time and place for that hearing. At the hearing, the owner and local agent may present evidence that the requirements for revocation provided in division (B)(1) are not satisfied, or that the property owner and local agent should not be held responsible for one or more of the three requisite violations due to extenuating circumstances. Extenuating circumstances may include circumstances such as:
(a) The violation was committed by a non-renter and the renter(s) attempted to prevent or halt the violation;
(b) The violation resulted from an act of God; or
(c) Other circumstances that the owner or the owner's agent could not reasonably anticipate and prevent, and could not reasonably control.
(3) Revocation period and effect. Upon revocation of registration, a dwelling unit cannot be re-registered for a period of one year, and cannot be used for short-term rentals until re-registered.
(C) In addition, the village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter.
(Ord. 210, passed 6-14-2017; Ord. 215, passed 12-12-2018)