(A) Permit applications. Applications for a permit shall be made in accordance with § 105.3 of the 2015 Michigan Building Code and as follows.
(1) Residential (R-4) new residence permit application. Application shall be made by a licensed residential builder. Exception: a homeowner who meets the following requirements. A bona fide owner of property upon which is proposed the construction of a single-family residence which is or will be on completion, for a minimum of 18 months his or her place of residence, and no part of which is used for rental or commercial purposes, nor is contemplated for such purpose, may do his or her own work, providing he or she applies for and secures a permit, pays the fee, does the work himself or herself in accordance with the provisions hereof, applies for inspections and receives approval of the work by the code official. Failure to comply with these requirements will subject the owners to the revoking of the permits and to the fines and penalties as set forth in this code.
(2) All other applications. Application for a permit shall be made by the owner of the building or structure, or agent, or by the licensed engineer, architect or residential builder employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the qualified applicant or a signed statement of the qualified applicant witnessed by the code official or his designee to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, applicant and the responsible officers, if the owner is a corporate body, shall be stated in the application.
(3) Electrical permits. Electrical permits shall be issued for the erection or maintenance of illuminated signs before a sign permit will be issued.
(B) Building Board of Appeals. The Building Board of Appeals shall consist of seven members appointed by the Mayor and City Council. The Department of Engineering and Building shall be represented by one member and the Fire Department shall be represented by one member. The other five members shall have such qualifications as the Mayor may consider essential to enable them to act intelligently in matters pertaining to housing and building conditions. The members from the Department of Engineering and Building and from the Fire Department shall serve two-year terms and be appointed on the third Monday in April every two years. The other five members shall serve four-year terms. Three shall be appointed on the third Monday in April every two years and two on the third Monday in April every two years thereafter. Each member shall serve until his or her successor is appointed and qualified. Should any member resign or fail to serve out their entire term, the Mayor shall appoint a person to fill the vacancy until the end of said vacating member’s term.
(C) Violations. Any person, firm or corporation who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be cited for a municipal civil infraction in accordance with Chapter 11 of this code of ordinances and the defendant, if found responsible, shall be subject to a fine of not more than $500. Additionally, the court may assess costs incurred in compelling the appearance of the defendant and to enforce the terms of this code. A second offense for the same violation shall constitute a misdemeanor punishable by a fine of not more than $500 and/or by imprisonment not exceeding 90 days. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
(D) Bonds and insurance. No person shall erect, install, remove or rehang any sign for which a permit is required under the provisions of this code until an approved bond executed by the principal and a surety shall have been filed in the sum of $5,000. A certified copy of a power of attorney must be submitted to verify the authority of the individual signing or surety on behalf of the insurance company. Such bond or insurance policy shall protect and hold harmless the jurisdiction from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agent, or by any reason of defects in the construction, or damages resulting from the collapse, failure or combustion of the sign or parts thereof. The obligation herein specified shall remain in force and in effect during the life of every sign and shall not be canceled by the principal or surety until after a 30-day notice to the code official.
(E) Utilities. All new construction shall have all utilities, such as electrical service wires, cable television wires and telephone wires, installed underground from the utility source in the public right-of-way to the new structure. PVC tubing, of the size required by the utility, shall be installed a minimum 24 inches below grade for this purpose.
(F) Moved structures.
(1) No permit shall be issued to move any structure until a building permit has been obtained for the establishment of the structure in its new location. Before issuing such a moving permit, the code official shall cause an inspection to be made of the structure and shall refuse a permit unless he or she finds the structure to be in a safe and sanitary condition and finds that it will be in compliance with this code and other ordinances and laws when established in its new location. A structure which has been depreciated 50% or more by the City Assessor in establishing its assessed valuation shall not be moved to any site location within the city. No structure shall be moved to a new location within the city unless the code official determines that it will correspond and harmonize with the architecture, size and shape of the other structures in the neighborhood and that it will result in an upgrading of the immediate area.
(2) When it is necessary to use any part of a public street in moving a structure, a separate approval for the use of public streets shall be obtained after filing a bond as required in § 3308.3 of the Michigan Building Code. In applying for such approval, the mover shall furnish in writing a schedule of the streets to be used and the time at which the structure will reach each point in its journey. Also, written approval from every public service corporation whose property, fixtures, or equipment will be affected, endangered, or disturbed during the moving shall be submitted showing that the mover has given proper notice of his or her intentions and furnished suitable security for the repair of all damage caused by the moving. Approvals must also be obtained from county and state agencies where applicable. No structure shall be moved across any railroad track, except during daylight hours and in the presence of a representative of the company operating said railroad.
(3) When a structure is to be moved to a new location within the city, the owner of the newly described site shall file a surety bond in favor of the city in sufficient amount to guarantee that the structure will be completed in accordance with all applicable permits and ready for occupancy within six months after arrival on its new location. Said surety bond shall be approved by the Department of Legal Affairs and the sum of the bond shall be designated by the code official. When a lot is left vacant from moving a structure, said lot shall be cleaned, filled, and graded to the approval of the code official within five days of the structure being moved off the site.
(G) Demolition.
(1) All buildings, accessory buildings, sheds, concrete slabs, foundations, floors, driveways and approaches, private and service sidewalks, fences, walls, and the like, shall be wrecked and removed completely. All sewers, water lines, and the like, shall be plugged and/or capped satisfactorily to the code official before backfilling. An inspection of sewer capping and of foundation removal is required.
(2) Site backfilling shall be completed within five working days of the removal of demolished building material and debris. Failure, for any reason, to backfill the site as specified will require that the person causing the demolition or excavation install protective fencing around the site to the satisfaction of the code official.
(a) The person causing said demolition or excavation shall maintain the fencing to ensure the purpose is being accomplished. As soon as practical, or at the direction of the code official, the fencing shall be removed and the site properly backfilled the same day.
(b) Backfill shall be clean fill dirt, or crushed aggregate as approved by the code official, free from broken concrete, stones, wood and other miscellaneous debris. Documentation shall be submitted by the person causing the demolition or backfilling certifying that the fill dirt is non-contaminated and non-hazardous and stating the source of the fill dirt. This must be approved by the code official before backfilling operations may begin.
(c) All backfill shall be compacted by a dozer in approximately 12-inch lifts.
(3) All debris and building materials shall be completely removed from the premises. The property shall be smoothly graded and left in a neat condition with no low spots in which water might stand. Final grading shall not create a nuisance to abutting property. The disturbed area shall be seeded to promote vegetation growth and reduce soil erosion. Any damage to adjacent property or abutting public right-of-way, including sidewalks, occurring during the demolition or excavation shall be repaired by the person causing said demolition or excavation at his or her own expense.
(4) All temporary occupancy of public property shall be considered and treated as being at the will of the city, and will be permitted only by special permit issued by the Department. No permit will be issued until the applicant therefore shall have executed and filed with the City Clerk a bond with property sureties approved by the Council, in an amount to be designated by the Council but in no case less than $5,000 conditioned to indemnify, save and keep harmless the city from any and all loss, expense, cost or liability of any kind whatsoever which the city may suffer or be put to, from or by reason of any act or thing done or neglected to be done, or by virtue of the authority given in such permit or the requirements of the city ordinances.
(Ord. 1509, passed 4-26-2021)