(A) Code adopted. Pursuant to the provisions of the Stille-DeRossett-Hale Single State Construction Code Act, Public Act No. 230 of 1972 (M.C.L. A. § 125.1501 et seq.), the Michigan State Construction Code is hereby adopted by reference.
(B) References in code. References in the Michigan State Construction Code to “State” and “Michigan” shall mean the State of Michigan; references to “municipality” shall mean the Village of Webberville; references to “local ordinances” shall mean ordinances of the Village of Webberville and references to “building officials” shall mean Building Director, Building Official, Building Inspector, or the deputy of the Village of Webberville.
(C) Administration and enforcement of state construction code act and code. The village assumes and shall be responsible for administering and enforcing the single state construction code act, Public Act No. 230 of 1972 (M.C.L.A. § 125.1501 et seq.), and state construction code prepared and promulgated as provided in that Act (referred to in this chapter as the state construction code and act within the boundaries of the village).
(D) Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the Village Building Official within the village.
(E) Enforcing agency. The Village Building Department, its Building Director, its Chief Building Inspector, building officials, inspectors, administrative, plan review and inspection personnel and consultants, enforcement officers and personnel and consultants of the Village Building Department that perform acts or provide services in the administration and enforcement of the state construction code and act, are hereby designated as the enforcing agency to discharge the responsibility of the village to administer and enforce the state construction code and act.
(F) Village Council review. The Village Council shall conduct the review for permit issuance pursuant to Section G104 of the state construction code Appendix G for any proposed development in the village within the flood hazard areas delineated on the flood insurance study (FIS) and flood insurance rate maps (FIRMs) set forth in this section. The Village Council review will focus on whether development in the floodplain should be permitted pursuant to Sections G301 through G701 of Appendix G based on compliance with state construction code requirements. The Village Building Official shall review and approve the building plans pursuant to the state construction code as part of the building permit issuance. Applications for variances from decisions made by the Village Council shall be made to the Village Zoning Board of Appeals pursuant to Section G105 of Appendix G. Applications for variances from decisions made by the Village Building Official shall be made to the Village Construction Board of Appeals pursuant to Section G105 of Appendix G.
(G) Fees. Permit, contractor registration and inspection fees for enforcement of the state construction code shall be as currently established or as hereafter adopted by resolution of the Village Council from time to time.
(H) Construction Board of Appeals. A village Construction Board of Appeals shall be created and consist of three members who shall be appointed by the Village Council for two-year terms. The Construction Board of Appeals is granted the powers and duties set forth in Public Act No. 230 of 1972, being M.C.L.A. § 125.1501 et seq.
(I) Violations. Any person erecting, using, moving, demolishing, occupying or maintaining any building or structure in violation of state construction code or causing, permitting or suffering any such violation to be committed, shall be responsible for a municipal civil infraction, subject to the penalties set forth below. In addition, any building or structure erected, used, moved, demolished, occupied or maintained in violation of this section is hereby declared to be a nuisance per se. Upon application to a court of competent jurisdiction, the court may order the nuisance abated or the violation, or threatened violation restrained or enjoined.
(1) Fines. The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular ordinance:
(a) First offense. The civil fine for a first offense violation shall be in an amount of $75, plus costs and other sanctions, for each offense.
(b) Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of $150, plus costs and other sanctions for each offense.
(2) Enforcement. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation, of this section.
(3) Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.
(4) Remedies not exclusive. In addition to any remedies provided for by this section, any equitable or other remedies available may be sought.
(a) The judge or magistrate shall be authorized to impose costs, damages and expenses as provided by law.
(b) A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.
(J) Repeal. All ordinances inconsistent with the provisions of this section are hereby repealed.
(K) Effective date. This section shall become effective upon publication.
(Ord. 222, passed 5-14-2013)
Statutory reference:
State Construction Board of Appeals, see M.C.L.A. § 125.1514
Cross-reference:
Floodplain management provisions of State Construction Code, see § 151.04