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Chapter 5

BUILDINGS AND BUILDING REGULATIONS* __________ * Charter References: General municipal powers, enactment of a building code and housing ordinance, regulation of building, § 2.3(y); regulation of construction cellars and basements, § 2.3(cc); building numbering, § 2.3(ee). Cross References: Environment, ch. 10; fire prevention and protection, ch. 11; floods, ch. 12; health and sanitation, ch. 13; land development, ch. 14; solid waste, ch. 18; streets, sidewalks and other public places, ch. 19; utilities, ch. 23; vegetation, ch. 24; construction, electricity, house moving, § 24-5; waterways, ch. 25; zoning, ch. 26. State Law References: State construction code act, MCL 125.1501 et seq., MSA 5.2949(1) et seq. __________

Article I. In General Secs. 5-1--5-30. Reserved.

Article II. Building Code Sec. 5-31. Adopted. Sec. 5-32. References in code. Sec. 5-33. Amendments to code. Sec. 5-34. Agency designated. Sec. 5-35. Code referenced. Sec. 5-36. Inspections; rights of access; permits. Secs. 5-37--5-65. Reserved.

Article III. Plumbing Code Sec. 5-66. Adoption. Sec. 5-67. Additions, insertions and changes. Sec. 5-68. Agency designated. Sec. 5-69. Code referenced. Sec. 5-70. Inspections; rights of access; permits. Secs. 5-71--5-100. Reserved.

Article IV. Mechanical Code Sec. 5-101. Adoption. Sec. 5-102. Additions, insertions and changes. Sec. 5-103. Agency designated. Sec. 5-104. Code referenced. Sec. 5-105. Inspections; rights of access; permits. Secs. 5-106--5-135. Reserved.

Article V. Electrical Code Sec. 5-136. Adoption. Sec. 5-137. Penalty. Sec. 5-138. Agency designated. Sec. 5-139. Code referenced. Sec. 5-140. Inspections; rights of access; permits. Secs. 5-141--5-147. Reserved.

Article VI. Property Maintenance Code Sec. 5-148. Adoption. Sec. 5-149. Additions, insertions, deletions and changes. Secs. 5-150--5-170. Reserved.

Article VII. Dangerous Buildings Sec. 5-171. Keeping, maintaining prohibited.

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Sec. 5-172. Definitions. Sec. 5-173. Notice of dangerous building; contents; hearing officer; service. Sec. 5-174. Hearing; testimony; determination to close proceedings or order building or structure demolished, made safe, or properly maintained; failure to appear or noncompliance with order; hearing; enforcement; reimbursement and notice of cost; lien; remedies. Sec. 5-175. Enforcement of judgment against other assets; lien; effectiveness; priority. Sec. 5-176. Appeal to circuit court. Secs. 5-177--5-205. Reserved.

Article VIII. Building, Moving and Demolition Sec. 5-206. Building permit required. Sec. 5-207. Taxes paid. Sec. 5-208. Ownership. Sec. 5-209. Removing service connections. Sec. 5-210. Code compliance. Sec. 5-211. Public protection. Sec. 5-212. Cash deposits for wrecking a building. Sec. 5-213. Permit fees. Sec. 5-214. Penalties. Secs. 5-215--5-245. Reserved.

Article IX. Rental Units Sec. 5-246. Purpose. Sec. 5-247. Applicability. Sec. 5-248. Definitions. Sec. 5-249. Requirement of certificate of compliance. Sec. 5-250. Scope of inspection authority. Sec. 5-251. Application for rental registration. Sec. 5-252. Fees. Sec. 5-253. Issuance of certificate. Sec. 5-254. Right to examine certificate; registry of certificate holders. Sec. 5-255. Expiration of certificate. Sec. 5-256. Transferability of certificate. Sec. 5-257. Security measures. Sec. 5-258. Used furnace inspection certificate. Sec. 5-259. Maintenance of exterior grounds. Sec. 5-260. Administrative rules and procedures. Sec. 5-261. Penalties. Secs. 5-262--5-295. Reserved.

Article X. Swimming Pools Sec. 5-296. Definitions. Sec. 5-297. BOCA code. Sec. 5-298. Permit required. Sec. 5-299. Application for permit. Sec. 5-300. Location of outdoor pool. Sec. 5-301. Protection of the general public. Sec. 5-302. Water supply and waste disposal. Sec. 5-303. Construction of nonportable pools. Sec. 5-304. Electrical. Sec. 5-305. Recirculation system. Sec. 5-306. Maintenance and operation. Sec. 5-307. Use of pool. Sec. 5-308. Responsibility for control. Sec. 5-309. Abandonment. Sec. 5-310. Inspections. Sec. 5-311. Penalties. Sec. 5-312. Public nuisance.

ARTICLE I.

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IN GENERAL

Secs. 5-1--5-30. Reserved.

ARTICLE II.

BUILDING CODE

Sec. 5-31. Adopted.

Pursuant to the provisions of section 8 of the State Construction Code Act (Public Act No. 230 of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.) the Basic Building Code, 1996 edition, as published by the Building Officials and Code Administrators International, Inc. (BOCA), is adopted by reference subject to the modifications contained in this article. (Ord. No. 332, § 1.01, 11-20-1997) Charter References: Technical codes, adoption by reference, § 6.2. Sec. 5-32. References in code.

References in the BOCA Code adopted in this article to the terms "state" and "Michigan" shall mean the State of Michigan; references to the term "municipality" shall mean the City of Keego Harbor; references to the term "local ordinances" shall mean ordinances of the City of Keego Harbor; and references to the term "building officials" shall mean the building official or his deputy or deputies of the City of Keego Harbor. (Ord. No. 332, § 2.01, 11-20-1997) Sec. 5-33. Amendments to code.

The following section in the BOCA National Building Code, 1996 edition, are revised as follows: Section 116.4. Violations.

Any person erecting, using, moving, demolishing, occupying or maintaining any building or structure in violation of this building code or causing, permitting or suffering any such violation to be committed shall be responsible for a civil infraction and shall be subject to the fines and penalties of section 1-7 of the city's Code of Ordinances. A separate offense shall be deemed committed upon each day when a violation occurs or continues. Any building or structure erected, used, moved, demolished, occupied or maintained in violation of such ordinance 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.

(Ord. No. 332, § 3.01, 11-20-1997) Sec. 5-34. Agency designated.

Pursuant to the provisions of the Michigan Building code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the building official of the City of Keego Harbor is hereby designated as the enforcing agency to discharge responsibility of the City of Keego Harbor under Act 230, of Public Acts of 1972, as amended, State of Michigan. The City of Keego Harbor assumes responsibility for the

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administration and enforcement of said Act throughout its corporate limits. (Ord. No. 371, § 1.01, 6-21-2001) Sec. 5-35. Code referenced.

All building materials in all buildings, structures and premises covered by this article shall be designated, constructed, installed, altered and maintained in accordance with the provisions of the state code. This code provides reasonable safeguards to the public health, safety and welfare as they are affected by the installation and/or maintenance of building materials. (Ord. No. 371, § 2.01, 6-21-2001) Sec. 5-36. Inspections; rights of access; permits. (a) Fees for inspection. When an application is made for a permit, license, or registration required under the terms of this article, a fee shall be paid in an amount as prescribed by resolution of the City of Keego Harbor City Council. (b) Right of access to buildings. Subject to the constitution and the laws of the State of Michigan, the building official and/or his or her deputy shall have the right during reasonable hours to enter any building in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of electrical wiring and building materials contained therein and shall have the authority to cause the turning off of all electrical supply and to disconnect, in cases of emergency, any wire where such electrical currents are dangerous to life or property or may interfere with the work of the fire department. (c) Permits. It shall be unlawful for any person, firm or corporation to install, alter, maintain, service or repair building materials in or on any building, structure or part thereof, or on premises or cause to permit therein or thereon the installation, altering, maintaining, servicing or repairing of any building materials without a permit having been obtained therefore as provided herein. Nothing in this section shall be considered as applying to any person engaged in repairing and maintaining building materials. (Ord. No. 371, § 3.01, 6-21-2001) Secs. 5-37--5-65. Reserved.

ARTICLE III.

PLUMBING CODE* __________ * Editors Note: By resolution of November 19, 1998, the city council renumbered Ordinance Number 349, pertaining to the adoption of the 1997 edition of the International Plumbing Code, as Ordinance Number 345. Cross References: Utilities, ch. 23. State Law References: Licensing of plumbers and regulation of plumbing, MCL 338.901 et seq., MSA 14.451 et seq. __________ Sec. 5-66. Adoption.

A certain document, a copy of which is on file in the office of the city clerk, being marked and designated as International Plumbing Code, 1997 edition, including appendix chapters B, D, E, F and G, as

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published International Code Council, is adopted as the plumbing code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees for such permits; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, 1997 edition, published by the International Code Council on file at the city are referred to, adopted and made part of this article as if fully set out in this section. (Ord. No. 345, § 1, 8-20-1998) Charter References: Technical codes, adoption by reference, § 6.2. Sec. 5-67. Additions, insertions and changes.

The following sections of the code adopted in this article are revised as follows: Section 101.1. Title.

These regulations shall be known as the Plumbing Code of the City of Keego Harbor, hereinafter referred to as "this code."

Section 106.5.2. Fee schedule. The fees for all plumbing work shall be as prescribed by the council of the City of Keego Harbor. Section 106.5.3. Delete. Section 108.4. Violation; penalties.

Any person who shall violate a provision of this code or shall fail to comply with any of its requirements or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be responsible for a civil infraction and shall be subject to the fines and penalties of section 1-7 of the city's Code of Ordinances. Each day that a violation continues shall be deemed a separate offense.

Section 108.5. Stop work orders.

Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the fines and penalties of the City of Keego Harbor Civil Infraction Ordinance Number 295, section 1-7 of the city's Code of Ordinances.

Section 109.2. Membership of board.

The board of appeals shall consist of three members who shall be appointed by the chief

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executive of the jurisdiction.

Section 109.2.1. Qualifications.

A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than one governmental subdivision.

Section 305.6.1. Sewer depth.

Building sewers that connect to private sewage disposal systems shall be a minimum of eight inches (204mm) to the top of the pipe below finished grade. All other building sewers shall be installed below recorded frost penetration.

Section 904.1. Roof extension.

All open vent pipes that extend through a roof shall terminate at least 12 inches (305mm) above the roof; except where that roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (2134mm) above the roof.

Chapter 14. CODES.

This model plumbing code is intended to be utilized with other model codes that are adopted by the jurisdiction:

BNBC--96 BOCA National Building Code. IMC--96 ICC International Mechanical Code.

(Ord. No. 345, § 2, 8-20-1998) Sec. 5-68. Agency designated.

Pursuant to the provisions of the Michigan Plumbing Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the building official of the City of Keego Harbor is hereby designated as the enforcing agency to discharge responsibility of the City of Keego Harbor under Act 230, of Public Acts of 1972, as amended, State of Michigan. The City of Keego Harbor assumes responsibility for the administration and enforcement of said Act throughout its corporate limits. (Ord. No. 373, § 1.01, 6-21-2001) Sec. 5-69. Code referenced.

All plumbing equipment in all buildings, structures and premises covered by this article shall be designed, constructed, installed, altered and maintained in accordance with the provisions of the state code. This code provides reasonable safeguards to the public health, safety and welfare as they are affected by the installation and/or maintenance of plumbing equipment. (Ord. No. 373, § 2.01, 6-21-2001)

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Sec. 5-70. Inspections; rights of access; permits. (a) Fees for inspection. When an application is made for a permit, license or registration required under the terms of this article, a fee shall be paid in an amount as prescribed by resolution of the City of Keego Harbor City Council. (b) Right of access to buildings. Subject to the constitution and the laws of the State of Michigan, the building official and/or his or her deputy shall have the right during reasonable hours to enter any building in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of electrical wiring, plumbing devices and/or plumbing materials contained therein and shall have the authority to cause the turning off of all plumbing supply and to disconnect, in cases of emergency, any plumbing where such plumbing is dangerous to life or property or may interfere with the work of the fire department. (c) Permits. It shall be unlawful for any person, firm or corporation to install, alter, maintain, service or repair plumbing equipment in or on any building, structure or part thereof, or on premises or cause or permit therein or thereon the installation, altering, maintaining, servicing or repairing of any plumbing equipment without a permit having been obtained therefore as provided herein. Nothing in this section shall be considered as applying to any person engaged in repairing and maintaining plumbing equipment. (Ord. No. 373, § 3.01, 6-21-2001) Secs. 5-71--5-100. Reserved.

ARTICLE IV.

MECHANICAL CODE* __________ * Editors Note: By resolution of November 19, 1998, the city council renumbered Ordinance Number 350, pertaining to the adoption of the 1996 edition of the International Mechanical Code, as Ordinance Number 346. Cross References: Utilities, ch. 23. State Law References: Mechanical contractors, MCL 338.971 et seq., MSA 18.86(1) et seq. __________ Sec. 5-101. Adoption.

A certain document, a copy of which is on file in the office of the city clerk, being marked and designated as International Mechanical Code, 1996 edition, including appendix chapter A, as published by the International Code Council is adopted as the mechanical code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees for such permits; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 1996 edition, published by the International Code Council, on file at the city are referred to, adopted and made part of this article as if fully set out in this section. (Ord. No. 346, § 1, 8-20-1998) Charter References: Technical codes, adoption by reference, § 6.2. Sec. 5-102. Additions, insertions and changes.

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The following sections of the code adopted in this article are revised as follows: Section 101.1. Title.

These regulations shall be known as the Mechanical Code of the City of Keego Harbor, hereinafter referred to as "this code."

Section 106.5.2. Fee schedule. The fees for all mechanical work shall be as prescribed by the Council of the City of Keego Harbor. Section 106.5.3. Delete. Section 108.4. Violation; penalties.

Any person who shall violate a provision of this code or shall fail to comply with any of its requirements or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be responsible for a civil infraction and shall be subject to the fines and penalties of section 1-7 of the city's Code of Ordinances. Each day that a violation continues shall be deemed a separate offense.

Section 108.5. Stop work orders.

Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the fines and penalties of the City of Keego Harbor Civil Infraction Ordinance Number 295, section 1-7 of the city's Code of Ordinances.

Section 109.2. Membership of board.

The board of appeals shall consist of three members who shall be appointed by the chief executive of the jurisdiction.

Section 109.2.1. Qualifications. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than one governmental subdivision. Chapter 14. CODES.

This model mechanical code is intended to be utilized with other model codes that are adopted

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by the jurisdiction: BNBC--96 BOCA National Building Code BNFPC--96 BOCA National Fire Prevention Code

(Ord. No. 346, § 2, 8-20-1998) Sec. 5-103. Agency designated.

Pursuant to the provisions of the Michigan Mechanical Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the building official of the City of Keego Harbor is hereby designated as the enforcing agency to discharge responsibility of the City of Keego Harbor under Act 230, of Public Acts of 1972, as amended, State of Michigan. The City of Keego Harbor assumes responsibility for the administration and enforcement of said Act throughout its corporate limits. (Ord. No. 372, § 1.01, 6-21-2001) Sec. 5-104. Code referenced.

All mechanical equipment in all buildings, structures, and premises covered by this article shall be designed, constructed, installed, altered and maintained in accordance with the provisions of the state code. This code provides reasonable safeguards to the public health, safety and welfare as they are affected by the installation and/or maintenance of mechanical equipment. (Ord. No. 372, § 2.01, 6-21-2001) Sec. 5-105. Inspections; rights of access; permits. (a) Fees for inspection. When an application is made for a permit, license, or registration required under the terms of this article, a fee shall be paid in an amount as prescribed by resolution of the City of Keego Harbor City Council. (b) Right of access to buildings. Subject to the constitution and laws of the State of Michigan, the building official and/or his or her deputy shall have the right during reasonable hours to enter any building in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of electrical wiring and mechanical equipment and to disconnect, in cases of emergency, any mechanical equipment where such is dangerous to life or property or may interfere with the work of the fire department. (c) Permits. It shall be unlawful for any person, firm or corporation to install, alter, maintain, service or repair mechanical equipment in or on any building, structure or part thereof, or on premises or cause or permit therein or thereon the installation, altering, maintaining, servicing or repairing of any mechanical equipment without a permit having been obtained therefore as provided herein. Nothing in this section shall be considered as applying to any person engaged in repairing and maintaining mechanical equipment. (Ord. No. 372, § 3.01, 6-21-2001) Secs. 5-106--5-135. Reserved.

ARTICLE V.

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ELECTRICAL CODE*

__________ * Cross References: Utilities, ch. 23. State Law References: Electrical contractor's license, regulation of wire, MCL 338.881 et seq., MSA 18.204(1) et seq. __________ Sec. 5-136. Adoption.

The 1996 edition of the National Electrical Code (NFPA-70), as promulgated by the National Fire Protection Association, with Technical Amendments & General Rules of the Reciprocal Electrical Council, Inc., are adopted as part of this article, as fully as if set forth in this section, and shall govern and be observed and followed in all installations of electrical wiring, equipment, apparatus and fixtures of any voltage. Notice is given that complete copies of the code, general rules, technical amendments and permit fees, are available for public use and inspection at the office of the city clerk. (Ord. No. 335, § 1.01, 11-20-1997) Sec. 5-137. Penalty.

Violation of any provisions of the code adopted in this article shall be a civil infraction and shall be subject the violator to the fines and penalties specified in section 1-7. (Ord. No. 335, § 5.01, 11-20-1997) Sec. 5-138. Agency designated.

Pursuant to the provisions of the Michigan Electrical Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the building official of the City of Keego Harbor is hereby designated as the enforcing agency to discharge responsibility of the City of Keego Harbor under Act 230, of Public Acts of 1972, as amended, State of Michigan. The City of Keego Harbor assumes responsibility for the administration and enforcement of said Act throughout its corporate limits. (Ord. No. 374, § 1.01, 6-21-2001) Sec. 5-139. Code referenced.

All electrical equipment in all buildings, structures and premises covered by this article shall be designed, constructed, installed, altered and maintained in accordance with the provisions of the state code. This code provides reasonable safeguards to the public health, safety and welfare as they are affected by the installation and/or maintenance of electrical equipment. (Ord. No. 374, § 2.01, 6-21-2001) Sec. 5-140. Inspections; rights of access; permits. (a) Fees for inspection. When an application is made for a permit, license or registration required under the terms of this article, a fee shall be paid in an amount as prescribed by resolution of the City of Keego Harbor City Council. (b) Right of access to buildings. Subject to the constitution and the laws of the State of Michigan, the

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building official and/or his or her deputy shall have the right during reasonable hours to enter any building in the discharge of his or her official duties for the purpose of making any inspection or test of the installation of electrical wiring, electrical devices and/or electrical materials contained therein and shall have the authority to cause the turning off of all electrical supply and to disconnect, in cases of emergency, any wire where such electrical currents are dangerous to life or property or may interfere with the work of the fire department. (c) Permits. It shall be unlawful for any person, firm or corporation to install, alter, maintain, service or repair electrical equipment in or on any building, structure or part thereof, or on premises or cause or permit therein or thereon the installation, altering, maintaining, servicing or repairing of any electrical equipment without a permit having been obtained therefore as provided herein. Nothing in this section shall be considered as applying to any person engaged in repairing and maintaining electrical appliances. (Ord. No. 374, § 3.01, 6-21-2001) Secs. 5-141--5-147. Reserved.

ARTICLE VI.

PROPERTY MAINTENANCE CODE* __________ * State Law References: Housing law, MCL 125.401 et seq., MSA 5.2771 et seq. __________ Sec. 5-148. Adoption.

A certain document, three copies of which are on file in the office of the city clerk of the City of Keego Harbor, being marked and designated as the International Property Maintenance Code as published by the international Code Council, Inc., be and is hereby adopted as the property maintenance code of the City of Keego Harbor, in the State of Michigan; for the control of buildings and structures as herein provided; and each and all of regulations, provisions, penalties, conditions and terms of the said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in section 5-149 of this article. (Ord. No. 375, § 1, 6-21-2001) Charter References: Technical codes, adoption by reference, § 6.2. Sec. 5-149. Additions, insertions, deletions and changes. Section 101.1. City of Keego Harbor. Section 103.16. Any person who shall violate a provision of this code shall be subject to the fines and penalties of the City of Keego Harbor Civil Infraction Ordinance number 295, as amended. Each day that a violation continues shall be deemed a separate offense. Section 303.4. Weeds: The city manager of the City of Keego Harbor or his designee shall notify by certified mail and first class mail the owner, as listed in the most recent tax assessment roll, shall destroy or cut all weeds in violation of Section 302.4. The notice shall inform the owner that if such owner fails to destroy or cut said weeds in violation of Section 303.4 within ten (10) days from date of mailing the notice, the City of Keego Harbor or its contractor may enter upon the property to destroy or cut such weeds as many times as is necessary

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to protect the public health, safety and welfare, in the current calendar year. In addition to any civil infraction that may be issued for the violation, all such costs borne by the City of Keego Harbor for the destruction or cutting of such weeds shall be paid by the owner, and if necessary, a lien placed against the property. Section 303.14. January 1 through December 31. Section 602.3. January 1 through December 31. Section 602.4. January 1 through December 31. (Ord. No. 375, § 2, 6-21-2001) Secs. 5-150--5-170. Reserved.

ARTICLE VII.

DANGEROUS BUILDINGS* __________ * Cross References: Environment, ch. 10. __________ Sec. 5-171. Keeping, maintaining prohibited.

It is unlawful for any owner or his agent to keep or maintain any dwelling or part of a dwelling which is a dangerous building. (Ord. No. 149, § 1, 12-19-1974) State Law References: Similar provisions, MCL 125.538, MSA 5.2891(18). Sec. 5-172. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dangerous building means a building or structure 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 does not conform to the approved fire code of the city.

(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 any building code of the city 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

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portions of the building or structure have materially less resistance to wind than is required in the case of new construction by the building code of the city.

(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, 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 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. (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 No. 299 of 1980 (MCL 339.2501--339.2515, MSA 18.425(2501)--18.425(2515)). For purposes of this subsection, the term "building or structure" includes but is not limited to a commercial building or structure. This subsection 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 city police department that the building or structure will remain

unoccupied for a period of 180 consecutive days, which notice shall be given to the city police department 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 the building code of the city. 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 city police department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner

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who has given the notice prescribed by this subsection shall notify the city police department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, the term "secondary dwelling" means a dwelling such as a vacation home, hunting cabin or summer home that is occupied by the owner or a member of the owner's family during part of a year.

(Ord. No. 149, § 2, 12-19-1974) Cross References: Definitions generally, § 1-2. State Law References: Similar provisions, MCL 125.539, MSA 5.2891(19). Sec. 5-173. Notice of dangerous building; contents; hearing officer; service. (a) Notwithstanding any other provision of this article, if a building or structure is found to be a dangerous building, the building department shall issue a notice that the building or structure is a dangerous building. (b) 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. (c) The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building. The person to whom the notice is directed shall have the opportunity to show cause at the hearing why the hearing officer should not order the building or structure to be demolished, otherwise made safe, or properly maintained. (d) The hearing officer shall be appointed, subject to approval by the city council, by the mayor to serve at his pleasure. The hearing officer shall be a person who has expertise in housing matters, including but not limited to an engineer, architect, building contractor, building inspector, or member of a community housing organization. An employee of the building department shall not be appointed as hearing officer. The building department shall file a copy of the notice that the building or structure is a dangerous building with the hearing officer. (e) 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 on 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. No. 149, § 3, 12-19-1974) State Law References: Similar provisions, MCL 125.540, MSA 5.2891(20). Sec. 5-174. Hearing; testimony; determination to close proceedings or order building or structure demolished, made safe, or properly maintained; failure to appear or noncompliance with order; hearing; enforcement; reimbursement and notice of cost; lien; remedies. (a) At a hearing prescribed by section 5-173, the hearing officer shall take testimony of the building department, the owner of the property, and any interested party. Not more than five days after completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe or properly maintained.

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(b) If the hearing officer determines that the building or structure should be demolished, otherwise made safe or properly maintained, the hearing officer shall so order, fixing a time in the order for the owner, agent or lessee to comply with the order. If the building is a dangerous building under section 5-172(10), the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building, including but not limited to the maintenance of lawns, trees and shrubs. (c) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order issued under subsection (b) of this section, the hearing officer shall file a report of the findings and a copy of the order with the city council not more than five days after noncompliance by the owner and request that necessary action be taken to enforce the order. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in section 5-173. (d) The city council shall fix a date not less than 30 days after the hearing prescribed in section 5-173 for a hearing on the findings and order of the hearing officer and shall give notice to the owner, agent, or lessee in the manner prescribed in section 5-173 of the time and place of the hearing. At the hearing, the owner, agent or lessee shall be given the opportunity to show cause why the order should not be enforced. The city council shall approve, disapprove or modify the order. If the city council approves or modifies the order, the city council shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within 60 days after the date of the hearing under this subsection. In the case of an order of demolition, if the city council determines that the building or structure has been substantially destroyed by fire, wind, flood or other natural disaster, and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this subsection. (e) The cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure incurred by the city to bring the property into conformance with this article shall be reimbursed to the city by the owner or party in interest in whose name the property appears. (f) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the assessor of the amount of the cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure by first class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing by the assessor of the notice of the amount of the cost, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this article. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this subsection does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the general property tax act, Public Act No. 206 of 1893 (MCL 211.1 et seq., MSA 7.1 et seq.). (g) In addition to other remedies under this article, the city may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. The city shall have a lien on the property for the amount of a judgment obtained pursuant to this subsection. The lien provided for in this subsection shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over prior filed or recorded liens and encumbrances.

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(Ord. No. 149, § 4, 12-19-1974) State Law References: Similar provisions, MCL 125.541, MSA 5.2891(21). Sec. 5-175. Enforcement of judgment against other assets; lien; effectiveness; priority. (a) A judgment in an action brought pursuant to section 5-174(g) may be enforced against assets of the owner other than the building or structure. (b) The city shall have a lien for the amount of a judgment obtained pursuant to section 5-174(g) against the owner's interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this section does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances. (Ord. No. 149, § 4, 12-19-1974) State Law References: Similar provisions, MCL 125.541a, MSA 5.2891(21a). Sec. 5-176. Appeal to circuit court.

An owner aggrieved by any final decision or order of the city council under section 5-174 may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision. (Ord. No. 149, § 5, 12-19-1974) State Law References: Similar provisions, MCL 125.542, MSA 5.2891(22). Secs. 5-177--5-205. Reserved.

ARTICLE VIII.

BUILDING, MOVING AND DEMOLITION* __________ * Cross References: Environment, ch. 10. State Law References: Moving buildings, MCL 247.188, MSA 9.268. __________ Sec. 5-206. Building permit required. (a) It shall be unlawful for any person to wreck or to move any building or structure from one location to another without first obtaining a permit from the building department. This permit may be refused if, in the judgment of the building official, or other authorized person, the building is too large to move without causing damage to property or structurally unsafe or unfit for the purpose for which moved. (b) The person requesting a permit under this section shall set forth in his application the streets, alleys and other public places upon and through which the proposed building will be moved and the name of the owner of the building. An application for such permit shall be accompanied by a permit fee set from time to time. All applications to move buildings into the city from another city, village or township shall be accompanied by a fee set from time to time for necessary preliminary inspections.

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(c) The applicant shall submit a schedule of the time and routes approved by the chief of police when the proposed building or structure shall be moved. Before a building or structure can be wrecked, the owner, wrecking company or person who secures the permit shall notify all utilities having service connections within the building such as electric, gas or telephone. A permit to wreck shall not be issued unless a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters or regulators, have been removed and/or sealed and plugged in a safe manner; nor shall a wrecking permit be issued until the building official shall be satisfied, after receiving a written report from the utility companies concerned, that the wrecking operations may be accomplished in such a manner as not to create a hazardous condition as a result of the proximity of such public utility installations. All permits issued under this section shall be posted on such building in a conspicuous place. (d) The person moving the building shall use extraordinary care to prevent any damage to shade trees or public utility installations, curbs, sidewalks, electric signal installations and private properties. (e) The building official is directed to inspect all applications for moving or wrecking buildings in the city for compliance with the terms and conditions contained in this article and as provided in this section. If a permit to move a building is requested, the applicant shall accompany his application with a cash deposit by the owner in an amount as established by the city manager to protect the city against any delays, negligence in removing the building from its location, city expense incurred or in cleaning up the premises and removing rubbish or debris from its former location, and conditioned further that the building will be completed at its new location within a period of six months, and conditioned further that the applicant will bring the building on its new location in compliance with the building, electrical and plumbing codes within such six-month period. The cash deposit shall also be conditioned to reimburse the city for any expenses incurred by the fire, police, electrical and public works departments, or any other city department, in connection with such moving; and such departments shall keep a record of the time allotted to such project; and the city's cost shall be charged against such deposit and credited to the proper funds. If the applicant or owner fails or neglects to comply with any of the stipulations of this article and conditions, the deposit provided in this section shall be used by the city to bring the building into compliance with city ordinances or to place the premises where the building has been removed in a neat and level condition free from rubbish and debris. The cash deposit shall be held by the city until after the expiration of the six-month period; and after payment of all city expenses have been made and after the premises have been restored to a safe, neat, clean and tidy condition and in accordance with the provisions of this article, the balance shall be returned to the owner making such deposit. (f) Whenever a building is to be moved through the streets of the city, the applicant shall, in addition to the other requirements of this section, file with the city clerk a policy of insurance insuring all utilities and the city against any damage by reason of the moving of the house within the city limits. This policy of insurance shall be in amounts and types as established by the city manager. (g) If a permit is requested to wreck a building, the cash deposit shall be as provided in section 5-212 and conditioned that the applicant will clean up the premises where the building has been razed and leave the premises in a neat and tidy condition, level to existing grade, all to be approved by the building official. (Ord. No. 46, § 1, 4-21-1959; Ord. No. 71, § 1.01, 3-19-1963) State Law References: Protection of facilities during construction activities, MCL 460.701 et seq., MSA 22.190(1) et seq. Sec. 5-207. Taxes paid.

Before a permit is issued under this article, the owner of the property shall present to the building

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official, for filing, sufficient evidence that the property is free of any entanglements and that all taxes and any city charges against the property are paid in full. (Ord. No. 46, § 2, 4-21-1959) Sec. 5-208. Ownership.

The applicant, if other than the owner, shall present a written statement or bill of sale signed by the owner that he is entitled to move or wreck the building or structure. The statement or bill of sale will be filed with the permit in the office of the building official. (Ord. No. 46, § 3, 4-21-1959) Sec. 5-209. Removing service connections.

Before moving or wrecking any building, it shall be the duty of the mover or wrecker to see that the sewer line is plugged with a concrete stopper and water shut off. The electric and gas services shall be removed by the utility company. (Ord. No. 46, § 4, 4-21-1959) Sec. 5-210. Code compliance.

Permission to move a building from one location to another is contingent upon compliance with the building code and the zoning ordinance of the city. No building shall be moved over any street, alley or public place on skids. (Ord. No. 46, § 5, 4-21-1959) Sec. 5-211. Public protection.

When wrecking buildings adjacent to the streets, sidewalks or alleys, suitable fences and/or barricades must be erected to protect the public from falling materials, cave-ins and the necessary precautions taken to protect adjacent buildings, public walks, paving, etc. (Ord. No. 46, § 6, 4-21-1959) Sec. 5-212. Cash deposits for wrecking a building.

A person desiring to wreck or raze any building shall deposit with the building official sums as established by the city manager. (Ord. No. 46, § 7, 4-21-1959) Sec. 5-213. Permit fees.

Permit fees shall be paid to the city for wrecking or razing a building as established by the city manager. (Ord. No. 46, § 8, 4-21-1959) Sec. 5-214. Penalties.

Any person wrecking any building or moving any building or structure upon the public streets or

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highways in the city or moving any such building or structure from any location to another location without complying with the terms and provisions of this article shall be responsible for a civil infraction and shall be subject to the fines and penalties of section 1-7, provided that each day an offense continues under this article shall be deemed a separate offense. (Ord. No. 46, § 9, 4-21-1959) Secs. 5-215--5-245. Reserved.

ARTICLE IX.

RENTAL UNITS

Section 5-246. Purpose and Intent. The City of Keego Harbor recognizes the need for an organized inspection and registration program for rental properties located within the City in order to ensure rental units meet all applicable building, existing structures, fire, health, safety, and zoning codes, and to provide an efficient system for compelling both absentee and local landlords to correct violations and maintain, in proper condition, rental property within the City. The City recognizes that the most efficient system is the creation of a program requiring the registration and inspection of rental property within the City as defined in this Ordinance, so that orderly inspection schedules can be made by the City officials. Section 5-247. Definitions. As used in this Ordinance, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended.

“Commercial not residential purposes” means any premises used for commercial.

“Department” means the City of Keego Harbor Building Department

or any successor department or division that may be established.

“Dwelling unit” means a building, or portion thereof, designed for occupancy for living purposes and having cooking facilities and sanitary facilities, including single family residences.

“Landlord” means any person who owns or controls a dwelling, Dwelling

Unit, or Rental Unit and rents such unit, either personally or through a designated agent, to any person.

“Owner” means the legal title holder or a Rental Unit or the Premises

within which the Rental Unit is situated.

“Owner-Occupied Rental Unit” means a Rental Unit that is occupied in whole or in part by an individual whose name specifically appears on

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the deed for the property where the Rental Unit is located.

“Person” means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or receiver, executor, personal representative, trust, trustee, conservator or other representative appointed by order of any court.

“Premises” means a lot, plot or parcel of land, including the buildings or structures thereon.

“Rental unit” means any Dwelling Unit or a unit containing sleeping

quarters, including but not limited to hotels, motels, bed and breakfast establishments, boarding houses, sleeping rooms, residential, commercial, or industrial property, including structures which are leased or rented by the Owner or other Person in control of such units, to any tenant, whether by day, week, month, year or any other term.

“Responsible local agent” means a natural Person designated by the

property Owner as the agent responsible for operating such rental property in compliance with the ordinances adopted by the City.

“Tenant” means any Person who has the temporary use and occupation

of real property owned by another Person in subordination to that other person’s title and with that other person’s consent; for example, a Person who rents or leases a dwelling, dwelling unit, or rental unit from a landlord.

Section 5-248. Requirements. No Person shall lease, rent, occupy, or otherwise allow a Rental Unit within the City to be occupied, unless all of the following requirements have first been met.

The Owner of the Rental Unit shall have registered the Rental Unit with the Department by completing and filing a current registration form with the Department, as provided in Section 4 of this Ordinance.

An inspection shall have been completed to the satisfaction of the Department. A valid certificate of compliance shall have been issued by the Department. The current certificate of compliance shall be maintained at the office of the Responsible Agent or on

the premises.

All fees charged by the City for the registration and inspection of the Rental Unit shall be paid in full.

Section 5-249. Registration.

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It shall be unlawful for any Person to lease, rent, occupy, or otherwise allow a Rental Unit within the City to be occupied without first registering the Rental Unit with the Department and designating a Responsible Local Agent.

Registration Forms.

Registration shall be made upon forms furnished by the Department and shall require all of the following information.

The street address of the Rental Unit(s); The number and types of Rental Units within the rental property;

The residence address, telephone number, and where applicable an e-mail

address, mobile telephone number, and facsimile number of all property Owners of the Rental Unit(s);

Name, residence address, telephone number, and where applicable an

e-mail address, mobile telephone number, and facsimile number of the Responsible Local Agent designated by the Owner;

The maximum number of tenants permitted for each Rental Unit; The name, address, telephone number, and where applicable an e-mail

address, mobile telephone number, and facsimile number of the Person authorized to collect rent from the tenants;

The name, address, telephone number, and where applicable an e-mail

address, mobile telephone number, and facsimile number of the Person authorized to make or order repairs or services for the property, if in violation of City or State codes, if the Person is other than the Owner or the Responsible Local Agent;

Accurate and Complete Information.

All information provided on the registration form shall be accurate and complete. No Person shall

provide inaccurate information for the registration of a Rental Unit, or fail to provide the information required for such registration. The registration form shall be signed by both the property Owner(s) and the designated Responsible Local Agent. Where the Owner is not a natural person, the Owner information shall be that of the president, general manager or other chief executive of the organization. Where more than one Person has an ownership interest, the required information shall be provided for each such Owner.

Change in Registration Information or Transfer of Property.

Except for a change in the Registered Local Agent, the property Owner of a Rental Unit registered with the City shall re-register within sixty (60) calendar days after any change occurs in the registration information.

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If the property is transferred to a new Owner, the new property Owner of a registered Rental Unit shall re-register the Rental Unit within sixty (60) calendar days following the transfer of the property. Property Owners shall notify the Department of any change in the designation of the Registered Local Agent, including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated Registered Local Agent within five (5) business days of the change.

If a transfer of ownership occurs and there is a current certificate of compliance on file, then the new

Owner will only have to pay the registration fee upon the expiration of the current registration. It will still be required that the new Owner fill out a new registration form.

Registration Term and Renewals. Registration of a Rental Unit shall be effective for three (3) years. All registrations shall expire three (3)

years from the date of the original issuance of a certificate of compliance. The property Owner shall re-register each Rental Unit with the Department, thirty (30) calendar days prior to the expiration of the registration of the Rental Unit. (Ord. No.451, 7-13-2013)

Responsible Local Agent. The designated Responsible Local Agent shall be responsible for all of the following:

operating the registered Rental Unit in compliance with all applicable City Ordinances; providing access to the Rental Unit for the purpose of making any and all inspections necessary to ensure

compliance with the applicable City Ordinances;

maintaining a list of the names and number of occupants of each Rental Unit for which he or she is responsible; and

accepting all legal notices or services of process with respect to the Rental Unit.

Section 5-250. Inspections. Rental Units shall be inspected and shall comply with the standards and provisions of the ordinances and codes adopted by the City.

Inspections. Except as provided in subsection 5-250(a)(3), all Rental Units shall be inspected by the Department at

least once every three (3) years. Prior to conducting inspections of those occupied Rental Units, the Department may issue a temporary certificate of compliance as provided in Section 5-251(b). The inspection shall not, however, eliminate an owner’s responsibility to register such Rental Units every three (3) years.

If the first inspection is in compliance with the City’s Property

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Maintenance Ordinance and all other City Ordinances, such Rental Units will have their next inspection waived. If a complaint is filed with the City and the Rental Unit is found to be in violation of this Ordinance, therefore making said unit not in compliance, the following inspection shall not be waived.

Nothing in this section shall preclude the inspection of any Rental Unit

more frequently than once every three (3) years.

Any current property with a valid Rental Registration certificate shall continue enforced until expiration when the property shall then be re-inspected.

Basis for Inspections.

Inspections may be made to obtain and maintain compliance with the standards of this Ordinance based

upon one of the following:

A complaint received by the Department, the City of Keego Harbor Police Department, any member of the Oakland County Sheriff’s Department or a State agency, indicating that there is a violation of the standards or the provisions of any ordinance adopted by the City of Keego Harbor or any state law;

An observation by the Department, the City of Keego Harbor Police Department,

any member of the Oakland County Sheriff’s Department, a State Agency, City of Keego Harbor Staff, West Bloomfield Township Fire Chief, of a violation of the standards of a violation of the standards or the provisions of any Ordinance adopted by the City or any state law;

A report or observation of a Rental Unit that is unoccupied and unsecured

or a dwelling that is damaged by fire;

The registration, re-registration and certification of a Rental Unit as required by this Ordinance;

The need to determine compliance with a notice or an order issued by the

City;

An emergency observed or reasonably believed to exist; A request for an inspection by the property Owner; or

Requirements of law where a Rental Unit is to be demolished by the City

or where ownership is to be transferred to the City.

Inspection Procedures.

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Once the Department has determined that a Rental Unit is in

compliance with all of the ordinances adopted by the City and state law, the inspection required for issuance of a certificate of compliance shall be satisfied. The inspection shall then be valid for a period of three (3) years from the date the certificate of compliance is issued.

If, upon completion of an inspection, the premises are found to be

in violation of one or more provisions of applicable City ordinances and State codes, the Department shall provide the Registered Local Agent and/or Owner with written notice of such violations. The Department shall set a re-inspection date before which such violation shall be corrected. If such violation has been corrected within that period, the inspection required for issuance of a certificate of compliance shall be satisfied. If such violations have not been corrected within that period, the Department shall not issue the certificate of compliance and may take any action necessary to enforce compliance with applicable City ordinances and State codes.

If there is a complaint filed on property with the Department, the Owner

and/or Responsible Local Agent will be notified in writing. In the event that the complaint is of an emergency nature, as determined by the Department or City of Keego Harbor Police Department, it will require immediate compliance with adopted Property Maintenance Ordinance. If the complaint is not of an emergency nature, the Owner will have fourteen (14) calendar days to correct such violation, unless a longer period of time is granted by the Department, after which a re-inspection or written verification from Owner and/or Responsible Local Agent and complaining party that the violation has been corrected, will be required. If a violation is not corrected by the property Owner as required by this Ordinance, the Department may revoke the certificate of compliance.

If an inspection is initiated by a complaint and no violation is found to

exist, no inspection fee will be assessed against the Owner of the inspected Rental Unit in compliance.

Where a re-inspection must be made to ensure conformity with this

Ordinance or before a certificate of compliance is issued for those Rental Units that have been issued violation notices, the City will charge a separate inspection fee for every inspection when the violation has not been abated or corrected.

If an inspection is scheduled and the Owner or Responsible Local Agent

fails to appear, an inspection fee shall be assessed against the Owner and/or the Responsible Local Agent, and no inspection shall be completed

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until the inspection fee is paid in full.

Transfer of Ownership Inspection.

When there is a transfer of ownership of any Rental Unit, including an owner-occupied Rental Unit/Tenant Change in Occupancy, and a current certificate of compliance exists for the unit, the Department shall require a new inspection. The new Owner shall comply with the requirements of Section 5-249(c) of this Ordinance by re-registering the Rental Unit within sixty (60) calendar days following the transfer of the property or the tenant change in occupancy.

When there is a transfer of ownership of any Rental Unit or a change

in tenant occupancy, including an owner-occupied Rental Unit and a current certificate of compliance does not exist for the unit, then the Department shall conduct an inspection within thirty (30) calendar days following the notification of the transfer of ownership or a change in tenant occupancy as required by Section 4(c). If violations of this Ordinance or any other City ordinance, code or State code or laws are found, a notice of violation shall be issued to the Owner.

If ownership of any Rental Unit is transferred contrary to subsection (d)

(1) or (2) of this Section or a change in tenant occupancy owner, or if the new Owner fails to re-register a Rental Unit as required by Section 5-249(c) of this Ordinance, the certificate of compliance and Rental Unit registration shall be deemed to expire within sixty (60) days of the transfer or change in tenant occupancy unless appropriate steps are taken to obtain a Rental Unit registration and certificate of compliance.

Within sixty (60) calendar days of the transfer of ownership of a Rental

Unit, the new Owner shall notify all residents of a Rental Unit which undergoes a transfer of ownership while the individuals are residing in that unit, including a owner-occupied Rental Unit, of the transfer of ownership.

(Ord. No.449, 06-08-2013) Section 5-251. Certificate of Compliance. No Person shall own, operate, lease, rent, occupy, or otherwise allow a Rental Unit within the City to be occupied unless there is a valid certificate of compliance issued by the Department for the Rental Unit. A certificate of compliance shall be issued for each building and Rental Unit.

Requirements. A certificate of compliance shall be issued only after all of the following requirements have been

satisfactorily completed.

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Registration of the Rental Unit with the City Building Department. Designation of the Responsible Local Agent;

Payment in full of any and all required fees for registration, plus any

penalties that may have been imposed on the property; and

Inspection by the Building Department resulting in a determination that the Rental Unit and the property complies with all City Ordinances and state law.

Posting of the Certificate of Compliance.

Temporary certificates of compliance may be issued without prior inspection

by the Department for those occupied Rental Units which have not been inspected. Such temporary certificates of compliance may be issued as of the effective date of the initial registration and continue until an inspection date is established, to allow property Owners to operate such Rental Units until such time as an inspection may be made by the Department. At such time as an inspection is made and the Department has determined that provisions of this Ordinance have been complied with, the temporary certificate shall expire, and a certificate of compliance shall be issued according to this Ordinance.

Posting of the Certificate of Compliance. The certificate of compliance shall be maintained at the office of the Responsible Agent or on the

premises. Section 5-252. Fees. The City Council shall establish by resolution an appropriate fee for registration and inspections. If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the Owner of the inspected Rental Unit in compliance. Where a re-inspection must be made to ensure conformity with this Ordinance before a certificate of compliance is issued for those Rental Units that have been issued violation notices, the City will charge a separate inspection fee for every inspection when the violation has not been abated or corrected. Section 5-253. Maintenance of Records. All records, files and documents pertaining to the Rental Registration and Licensing and Rental Unit Inspection Program shall be maintained by the Department and made available to the public as required by State Law. Section 5-254. Appeal, Severability and Captions.

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Should the Department determine that the property is not in compliance with the City Property Maintenance Code as adopted by the City, from time to time, and/or any other City Ordinance, as amended, and for that reason deny the issuance of a certificate of compliance, or, should a certificate of compliance be suspended or revoked upon a determination by the Department that the Owner has failed to maintain the property in compliance with the aforementioned codes, laws and/or ordinances, the Owner shall have the right to appeal such determination in the following manner:

The Owner shall file the appeal with the City Council, in writing, within 15 days of the date of the determination from which the Owner is appealing. Filing of the appeal with the City Council shall stay the suspension or revocation of the certificate of compliance until such time as the City Council issues its final decision. The appeal shall contain a short and plain statement of the matters asserted by the Owner, including factual and legal bases upon which the Owner relies.

Upon receipt of the appeal, the City Council shall schedule a hearing and provide notice of the hearing

to the Owner by sending written notice by first-class mail to the address listed on the Owner’s application form. The Owner may appear at the hearing in person, by agent or by attorney. If the Owner, or his agent or attorney, fails to appear at the hearing after proper notice, the City Council may proceed with the hearing and make its decision. The Owner shall be given an opportunity to present oral and written arguments on the issues of law and policy and an opportunity to present evidence and arguments on issues of fact.

The City Council shall issue a final decision, in writing, setting forth its findings within a reasonable

period after the hearing is concluded. A copy of the decision shall be sent by first-class mail to the address listed on the Owner’s application form and to the agent or attorney that appeared at the hearing.

The City Council shall:

Affirm the determination of the Department in refusing to issue, or in

suspending or revoking the certificate of compliance; or

Reverse the determination of the Department and order the issuance or reinstatement of the certificate of compliance.

If the City Council affirms the determination of the Department or there

is no timely appeal, the Property shall be vacated until a certificate of compliance is issued by the Department. The City Council shall have no power to vary or modify any rules, regulations, provisions or ordinances.

Section 5-255. Penalty. Any Person who violates this Ordinance shall be responsible for a municipal civil infraction fine of $500.00, subject to the procedures and sanctions contained in City of Keego Harbor Municipal Code, Chapter 1-7. Increased civil fines of $200.00 shall be imposed for repeated violation, which means a second or subsequent municipal civil infraction violation committed by a Person within any twelve (12) month period and for which a Person admits responsibility or is determined to be responsible. After the third violation of this

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Ordinance committed by a Person within any twelve (12) month period shall be punishable by a fine of $500.00. (Ord. No.417, 3-17-2011) Secs. 5-262--5-295. Reserved.

ARTICLE X.

SWIMMING POOLS

Sec. 5-296. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions or terms used in this article other than those listed in this section shall be as defined by the National Swimming Pool Institute (NSPI) or other nationally accepted standards:

Enforcing official means the building official of the city or such other official as the city council shall

designate. Private means that a swimming pool is not open to the public and is intended for the use of the resident

or his immediate family and guests. Swimming pool means any permanent outdoor artificially constructed pool, located either above or

below grade, intended for swimming, wading or bathing, and having a depth of two feet or more at any point. (Ord. No. 91, § 1.01, 3-24-1966) Cross References: Definitions generally, § 1-2. Sec. 5-297. BOCA code.

The applicable provisions of the Basic Building Code of the Building Officials Conference of America, Inc., shall govern the construction, alteration, installation, maintenance and operation, except as altered, changed or modified by the provisions of this article. Notice is given that a copy of the BOCA code is on file with the city clerk and is available for public inspection during working hours. (Ord. No. 91, § 1.02, 3-24-1966) Sec. 5-298. Permit required.

It shall be unlawful for any person to commence construction of a swimming pool until a permit authorizing such work shall have been obtained from the enforcing official. The fee for such permit shall be as set by resolution of the city council. (Ord. No. 91, § 1.03, 3-24-1966) Sec. 5-299. Application for permit.

Application for a permit to construct a swimming pool shall be approved by the enforcing official. Such application shall be accompanied by plans, specifications and calculations in duplicate, drawn to scale and in

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sufficient detail to show the following:

(1) Plot plan with elevations and topography at not greater than one-foot contours for 50 feet measured radially from all points of the pool walls and all existing principal and accessory building within that radius.

(2) Pool dimensions, depths and volume in gallons. (3) Filter system with type and size, filtrations and backwash capacities. (4) Pool piping layout, with all pipe sizes and valves shown, and types of materials to be used. (5) The rate capacity and head at filtration and backwash (where applicable) flows of the pool pump

in gallons per minute with the size and type of motor. (6) Disposal system for pool wastes. (7) Mechanical and structural data and details. (8) Location of sewer lines, and all water supplies and utilities, electrical, gas, telephone, etc., within

25 feet of the pool, and walls and private sewage disposal systems within 75 feet of the pool. (9) Location of ditches, drains, culverts and watercourses within the plot area. (10) Method to be employed to clean the pool (vacuum, etc.). (Ord. No. 91, § 1.04, 3-24-1966) Sec. 5-300. Location of outdoor pool. (a) There shall be a distance of not less than six feet between the adjoining property line and the outside of any nonportable pool wall. (b) There shall be a distance of not less than six feet between the outside of any nonportable pool wall and building located on the same lot. (c) No swimming pool shall be located less than 25 feet from any front lot line. (d) No swimming pool shall be located less than ten feet from any side street or alley right-of-way; and in the case of a corner lot the rear lot line of which abuts a lot on the side street, the edge of the pool nearest the side street shall be located not less than the front yard setback distance on the side street. (e) No nonportable swimming pool shall be located in an easement. (Ord. No. 91, § 1.05, 3-24-1966) Sec. 5-301. Protection of the general public.

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For the protection of the general public, swimming pools shall be completely enclosed by a fence not less than four feet in height. Such fence shall be of the cyclone or chain link type or their equivalent. The gates shall be of a self-closing and self-latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods; however, if the entire premises of the residence is enclosed, this provision may be waived by the enforcing official upon inspection and approval. (Ord. No. 91, § 1.06, 3-24-1966) Sec. 5-302. Water supply and waste disposal. (a) Swimming pools shall be provided with a portable water supply. (b) There shall be no cross connection between portable water systems and swimming pool circulation systems. The water supply line to the pool shall be protected against backflow of water by means of a fixed air gap of six inches or more above the highest possible water level, or by an approved vacuum breaker installed in an approved manner. No over-the-rim fill spout will be accepted unless located under a diving board or installed in an approved manner so as to remove any hazard. (c) There shall be no direct connections with the private or public sewer system. (d) All pool drainage and wastewater shall be disposed of in a manner approved by the enforcing official. (Ord. No. 91, § 1.07, 3-24-1966) Cross References: Solid waste, ch. 18; utilities, ch. 23. Sec. 5-303. Construction of nonportable pools. (a) All types of equipment and material shall be approved by the enforcing official before installation. All work shall be done in a workmanship manner. The pool structures shall be engineered and designed to withstand the expected forces to which it may be subjected. (b) A walkway or deck constructed of concrete or other approved material, three feet wide, sloped away from the pool shall be constructed around the perimeter of the pool. Walkway surface shall be reasonably skid-resistant. (c) Excavations shall be protected in an approved manner for safety purposes. (d) The design of the pool and surrounding area shall be constructed and arranged in such a manner that all scum, splash and deck water shall not return to the pool except through the filter system. (e) The pool floor and walls shall have an approved impermeable surface. (f) Diving boards shall be securely anchored and shall be installed with every consideration for safety in usage. (Ord. No. 91, § 1.08, 3-24-1966) Sec. 5-304. Electrical.

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All electrical installations or wiring in connection with swimming pools shall conform to the National

Electrical Code and the ordinances of the city relative to swimming pools; and no electrical wires shall be permitted over the pool area, excepting public utility wires, including telephone, telegraph and electrical wires. (Ord. No. 91, § 1.09, 3-24-1966) Cross References: Utilities, ch. 23. Sec. 5-305. Recirculation system. (a) Filters required. (1) Every pool shall be equipped with a recirculation system capable of filtering the entire contents

of the pool in 12 hours or less when the flow is calculated at a maximum of three gallons per minute per square foot of filter area.

(2) Filters shall be capable of maintaining reasonable clarity of pool water. (3) All filters shall be equipped with satisfactory means to determine the necessity and frequency of

cleaning (backwashing). Each filter system shall be provided with a visual means of determining when the filter has been restored to original cleanliness.

(4) Pressure filters shall be equipped with an air release at the high point in the system. (5) Operating instructions shall be posted on every filter system, and all valves shall be properly

designated with metal tags indicating their purpose. (6) The tank containing the filter media or elements shall be constructed of steel, plastic or other

suitable material, which will satisfactorily provide resistance to corrosion, with or without coating.

(b) Pressure sand-type filters. (1) Sand-type filter systems shall be designed and installed to operate at a rate not to exceed three

gallons per minute per square foot of filter area and to backwash at a minimum rate of 12 gallons per minute per square foot of surface area.

(2) Filter tanks shall be built for a minimum of 50 pounds working pressure and tested at 150 psi. (3) The filter underdrain system shall have a distribution of at least 25 percent of the cross sectional

area of the tank evenly distributed over the entire cross sectional area of the tank. (4) Filter tanks shall be supported in a manner that will prevent tipping or other hazards due to

settling. (5) The influent shall be applied to the filter media surface in a manner which prevents direct

discharge against the filter bed surface.

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(6) Filter media shall be a hard, uniformly graded, silica material, or approved equivalent, with effective particle sizes between 0.35 and 0.80 millimeter in diameter, with uniformly coefficient between 1.2 and 1.75. There shall be no limestone or clay present.

(7) Filter media shall be no less than 19 inches in depth with a freeboard which shall permit effective

backwashing of the filter media. (8) Graded rock or approved equivalent shall be employed to support the filter media, which shall be

clean, noncrushed, rounded, noncalcareous material. Supporting material shall be carefully graded by size and separately leveled in layers to satisfactorily support the filter media and distribute backwash water. Other equivalent methods or materials may be approved by the enforcing official.

(c) Diatomaceous filters. Diatomaceous filters shall be designated and installed to operate at a rate not to exceed three gallons per minute per square foot of filter area and shall meet the performance standards for pressure-type sand filters set forth in this section. (d) Other filters. Other filters may be approved provided their performance meets the standards for pressure-type sand filters set forth in this section. (e) Pool piping. Pool piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head at which the pump will provide such flows. In general, the water velocity in the pool piping should not exceed ten feet per second. When velocity exceeds ten feet per second, calculations should be provided. The recirculating piping and fittings shall meet the following requirements: (1) Vacuum fittings, if provided, in the pool shall be located in an accessible position below the

water line. (2) An outlet or inlet shall be placed at the deepest point in every pool for recirculating the pool

water. (3) Pool recirculating piping passing through the pool structure shall be type "L" copper tubing, or

other type approved by the city engineer. (4) Filtered water inlets shall be provided in sufficient quantity and shall be properly spaced to

provide a maximum circulation of the main body and surface of the pool water. A minimum of two inlets shall be provided.

(f) Valves. (1) Fullway valves shall be installed throughout to ensure proper functioning of the filtration and

piping system. (2) Valves shall be installed wherever necessary for proper operation and maintenance of the

circulation system.

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(3) Valves up to and including two inches in size shall be brass. Sizes over two inches may have cast iron or brass bodies. All working parts of valves shall be noncorrosive material.

(4) Combination valves may be installed if the materials and design comply with the intent of this

article. (g) Recirculation pumps. (1) The recirculating pump shall have sufficient capacity to provide the rated flows of the filter

system, without exceeding the head loss at which the pump will deliver such flows. Such pump shall be of a self-priming design if installed above the pool water line.

(2) A recirculating pump shall be equipped on the inlet side with an approved type hair and lint

strainer. The basket of the strainer shall be noncorrosive and have an open screen surface of at least four times the cross sectional area of the inlet pipe.

(Ord. No. 91, § 1.10, 3-24-1966) Sec. 5-306. Maintenance and operation. (a) Generally. Pools and pool equipment shall be maintained and operated in a manner which will not contribute to health or safety hazards or to public nuisance. (b) Germicidal treatment. Proper germicidal levels shall be maintained at all times during pool usage to protect health of users. Disinfecting agents shall be as approved by the city council. (c) pH. pH (alkalinity and acidity) of the pool water shall be maintained as approved by the city council. (d) Testing devices. Testing devices capable of accurately measuring pH and germicidal levels shall be provided by the owner and utilized to ensure safe pool operation. (Ord. No. 91, § 1.11, 3-24-1966) Sec. 5-307. Use of pool.

No outdoor swimming pool shall be used between the hours of 12:00 midnight and 7:00 a.m. of any day. (Ord. No. 91, § 1.12, 3-24-1966) Sec. 5-308. Responsibility for control.

No person shall use any private swimming pool unless the pool shall be under the direct control of the owner or some responsible adult person designated by the owner. (Ord. No. 91, § 1.13, 3-24-1966) Sec. 5-309. Abandonment.

Failure to maintain any swimming pool or any part of a pool for a period of one year or more shall be

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deemed to be conclusive proof of an intention to abandon the pool by the owner thereof, and such swimming pool or any part of a pool may be abated by the enforcing official in accordance with the provisions of section 5-306; however, any intentional abandonment through which a swimming pool constitutes a public nuisance may be summarily abated in accordance with the provisions of section 5-312. (Ord. No. 91, § 1.14, 3-24-1966) Sec. 5-310. Inspections. (a) Inspections during and after construction shall be made by the enforcing official, for the purpose of determining that all provisions of this article are being fulfilled and complied with. (b) Final inspection and approval shall be required prior to pool usage. All pool installations must be completed, filled water and the filter system in operation at the time of the final inspection. (c) The health officer and the enforcing official shall have the right at any reasonable hour to inspect any swimming pool for the purpose of determining compliance with the intent of this article. (Ord. No. 91, § 1.15, 3-24-1966) Sec. 5-311. Penalties.

Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction therefor shall be punished as prescribed in section 1-7. (Ord. No. 91, § 1.16, 3-24-1966) Sec. 5-312. Public nuisance.

Each violation of this article are declared to be a public nuisance per se and notwithstanding the penal provisions of this article may be abated by injunctive or other appropriate relief. (Ord. No. 91, § 1.17, 3-24-1966) Cross References: Nuisances, § 10-31 et seq.