Detroit Code of Ordinances § 8-15-34. Enforcement; inspections; Notice of Pre-Inspection Rights; procedures.
Effective: 1/1/13 – Through: 7/1/22
(a) The Building Official and the Public Health Director, or their authorized local officials or designees, shall make the required inspections and re-inspections under this article, or shall accept reports of inspections from any authorized City departments or agencies, or persons. All such inspection reports shall be in writing and be certified by an authorized local official of the Buildings, Safety Engineering, and Environmental Department or the Health Department, or by the responsible person. The Director of the Buildings, Safety Engineering and Environmental Department and the Public Health Director are authorized to engage, subject to any approvals required by the Charter or by the 2019 Detroit City Code, such expert opinion as deemed necessary to report upon unusual or technical issues that arise as a result of any inspection or re-inspection.
(b) The Building Official and the Public Health Director, or their authorized local officials or designees, are authorized to enter any building, premises, or structure within the City at reasonable times to inspect.
(1) If an owner refuses to allow an inspection, the inspector shall provide a notice of pre-inspection rights which shall include information that the owner is entitled to a pre-compliance review of the inspection by a neutral hearing officer at the Department of Appeals and Hearings to determine the purpose, scope, and propriety of the inspection; and
(2) The notice of pre-inspection rights shall:
a. Be posted at the premises, building, or structure; and
b. Be sent via regular U.S. Mail to the owner’s address of record with the Buildings, Safety Engineering, and Environmental Department.
(3) Pre-compliance review procedure:
a. Within 14 days after the date of posting and/or mailing the notice of pre-inspection rights, whichever is later, the owner must provide the hearing officer, in writing, a review request which shall include a request to review the purpose, scope, and propriety of the inspection, along with all reasons why the inspection should not take place and shall include the owner’s correct and complete mailing address if different than the address of record.
b. Where the owner does not provide a review request to the hearing officer within the 14-day period, the owner shall be deemed to have waived the right to pre-compliance review of the inspection.
c. Where a hearing officer from the Department of Appeals and Hearings receives a review request from an owner for pre-compliance review of an inspection, the department seeking to conduct an inspection shall provide the hearing officer with a written explanation of the department’s purpose, scope, propriety, and any other reasons for conducting the inspection.
d. The hearing officer from the Department of Appeals and Hearings shall review all documents submitted, and, within ten days of receiving the information from the Buildings, Safety Engineering and Environmental Department, shall issue a written determination as to whether the inspection can proceed, the premises, building, or structure address, the approved scope of the inspection, areas to be inspected, and any restrictions on the time the inspection may be conducted.
e. The hearing officer’s written determination shall be delivered to the department seeking to conduct an inspection and mailed to the owner by U.S. Mail to the owner’s address of record.
f. The owner and the department seeking to conduct the inspection, shall comply with the written determination of the hearing officer.
g. In the event a review request is not timely submitted, or in the event the hearing officer allows an inspection to proceed but the owner, property manager, tenant, or occupant does not consent to entry, the department may issue to the owner a blight violation as provided by Section 8-15-10 of this Code, and, at the department’s discretion, may seek an administrative warrant for entry of the property.
(4) The procedures outlined in Subsection (b)(1) of this section do not apply in any situation which requires immediate inspection in a building, premises, or structure where such condition reasonably constitutes an imminent threat to the public interest, safety, welfare, or otherwise involves exigent circumstances.
(c) The Building Official and the Public Health Director, or their authorized local officials or designees, shall carry and display proper City identification containing their photograph when inspecting a building, premises, or structure in the performance of their duties under this article.
(d) The Building Official, or his or her authorized local officials or designees, shall conduct inspections to obtain compliance with this article based upon at least one of the following:
(1) All buildings of public assembly, including armories, bars, hall, rental hall, school buildings, theaters, buildings used for manufacturing and industrial purposes, multiple use buildings, all buildings used for other commercial purposes, including, but not limited to, apartment houses, condominiums, emergency shelters, hospitals, hotels, lofts, office buildings, motels, rooming houses, rooming units, shelters for victims of domestic violence, temporary shelters, townhouses, and buildings, premises and structures used for lumber yards, general storage yards and railroad yard facilities, and all other buildings occupied or used by large numbers of persons or which may constitute a hazard to life or property where not in compliance with this article, and wharves, fences, billboards, signs and other structures shall be inspected by the Buildings, Safety Engineering, and Environmental Department, at least once every year;
(2) The receipt of a complaint or other notice of a possible violation of this article;
(3) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of this article;
(4) Pursuant to the issuance of certificates of compliance as required by state law, by Section 8-15-35 of this Code, or by other provisions of the 2019 Detroit City Code;
(5) Pursuant to the registration of residential rental properties in accordance with Section 8-15-82 of this Code;
(6) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;
(7) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;
(8) All owners of buildings five stories or more in height shall have all roof-mounted structures and every exterior wall of or part of the building’s exterior, including connecting bridges, cornices, copings, saves, bays, or similar projections, thoroughly inspected and examined by competent persons at their own expense at intervals not to exceed five years and shall furnish the Building Official, with a written report setting forth the true condition of the structure or wall inspected. The Building Official shall be notified in advance of such an inspection of an existing building and may have an authorized local official or designee present. Where the conditions of a structure or wall cannot be determined by inspection of the exterior of the structure or wall, the Building Official, or his or her authorized local official or designee, may require portions thereof to be removed for more thorough examination;
(9) The owners of the ambassador bridge, the Detroit River Railroad Tunnel, and the Detroit-Windsor Tunnel shall have these structures thoroughly inspected and examined by competent personnel at their own expense and at intervals not to exceed five years and shall furnish the Building Official with a written report setting forth the true conditions thereof;
(10) The exposed length of any metal or masonry stack 18 inches or more in diameter and 25 feet or more in length above ground or roof shall be inspected at least every five years by competent personnel, including steeplejacks, employed by the owner or user of such stack who shall furnish the Buildings, Safety Engineering, and Environmental Department with a written report on the condition of the stack and its support;
(11) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of another code in Chapter 8 of this Code, Building Construction and Property Maintenance, which results in notification of the appropriate division in the Buildings, Safety Engineering, and Environmental Department to take enforcement action; or
(12) To protect the health, safety, and welfare of the public.
(e) The Public Health Director shall conduct inspections to obtain compliance with this article based upon, at least, one of the following:
(1) The receipt of a complaint or other notice of a possible violation of this article;
(2) An observation by the Public Health Director, or the Director’s authorized local official or designee, of a possible violation of this article;
(3) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;
(4) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;
(5) To ensure compliance with the provisions of the Housing Law of Michigan, being MCL 125.401 et seq.; or
(6) To provide for the health, safety, and welfare of the public.
Detroit Code of Ordinances § 8-15-35. Certificate of Compliance required; violation for failure to obtain; temporary certificate and modifications.
Effective: 11/24/17 – Through: 7/1/22
(a) The following buildings and structures shall be required to have a Certificate of Compliance issued by the Buildings, Safety Engineering, and Environmental Department:
(1) All buildings and structures required to be inspected pursuant to Section 8-15-34(d) of the City Code; and
(2) One- and two-family dwellings, or any part of a residential structure, which are occupied by persons pursuant to an oral or written rental contract or lease agreement for monetary compensation. This requirement shall not include one-family dwellings which are occupied by the owner of the structure and the owner’s immediate family and those portions of a two-family dwelling which are occupied by the owner and the owner’s immediate family.
(b) As required by this article, a Certificate of Compliance for a building or structure shall be issued, upon inspection, by the Buildings, Safety Engineering, and Environmental Department, correction of any violations, and a determination by the Buildings, Safety Engineering, and Environmental Department that the building or structure is in compliance with this article, including, but not limited to, the standards in Section 8-15-36(a) of the City Code.
(c) The Certificate of Compliance, which is issued by the Buildings, Safety Engineering, and Environmental Department pursuant to this article, shall be posted in a conspicuous place within the building or structure and readily available for inspection with the exception of Certificates of Compliance issued for one and two-family rental dwellings. Certificates of Compliance for one- and two-family rental dwellings shall be maintained by the owner and made available upon request by the Building Official or the Public Health Director, or their authorized local officials or designees, or by any current or prospective tenant.
(d) Subject to Section 8-15-81 of this Code, it shall be unlawful to occupy or use a building, premises, or structure required to have a Certificate of Compliance under this article, or cause same to be occupied, without the required Certificate of Compliance for the building, premises, or structure. Upon the issuance of a blight violation notice and a finding that the building, premises, or structure is unsatisfactory for human habitation, the Building Official or Public Health Director may order such building, premises, or structure vacated.
(e) Whenever there are practical difficulties involved in carrying out the provisions of this article, the Building Official shall have the authority to issue a Temporary Certificate of Compliance or grant modifications for individual cases, provided, that the Building Official shall first find a specific reason that:
(1) Would make the strict letter of this article impractical;
(2) The modification from the requirement is in compliance with the intent and purpose of this article; or
(3) Such modification does not lessen any health and safety requirements of any provision of state law, of this article, or of the 2019 Detroit City Code as determined by the appropriate City official.
(f) The details of any action granting a modification from this article shall be recorded, entered, and maintained in the records of the Buildings, Safety Engineering, and Environmental Department.
Detroit Code of Ordinances § 8-15-82. Inspection of registered rental property; Certificate of Compliance required; registry of Certificates of Compliance for rental properties; violations; occupancy.
Effective: 1/1/13 – Through: 7/1/22
(a) The Building Official shall cause an inspection to be made of all rental property required to have a Certificate of Registration of Rental Property under Section 8-15-81 of this Code according to the schedule for registration renewal in Subsection (c) of the section. Each inspection shall strictly conform to Section 8-15-34(b) of this Code.
(b) The Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Compliance for a rental property where the Department determines that the owner and the rental property, its units, accessory structures and the premises, including exterior areas, comply with the standards and requirements of this article.
(c) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of all rental properties for which a Certificate of Compliance has been issued, and shall make the registry available on the City’s website. The Department may combine this registry with the registry required by Section 8-15-81(d) of the City Code.
(d) Notwithstanding Section 8-15-35(d) of this Code, and subject to Subsections (e) and (f) of this section, it shall be unlawful for an owner to allow any unoccupied rental property to be occupied, or to collect rent from a tenant for occupancy of a rental property, during or for any time in which there is not a valid Certificate of Compliance for the rental property. Tenants of an occupied rental property that lacks a Certificate of Compliance shall pay the rent that would otherwise have been due into an escrow account, which is established by the Buildings, Safety Engineering, and Environmental Department with a third-party financial institution. If the owner of the rental property obtains a Certificate of Compliance within the first 90 days in which payments are made into the escrow account, the rent in the escrow account shall be paid to the owner, less the actual administrative fee charged by the third-party financial institution. If the owner fails to obtain a Certificate of Compliance within those first 90 days, the rent in the escrow account shall be paid, at the end of those 90 days, to the tenant, less the actual administrative fee charged by the third-party financial institution. Thereafter, the tenant shall continue paying rent into the escrow account until the owner obtains a Certificate of Compliance. At the end of every 60 days in which the owner fails to obtain a Certificate of Compliance, the rent in the escrow account shall be paid to the tenant, less the actual administrative fee charged by the third-party financial institution. If the owner of the rental property obtains a Certificate of Compliance, all rent accrued in the escrow account shall be paid to the owner, less the actual administrative fee charged by the third-party financial institution. Nothing in this article shall be construed to permit eviction of an existing tenant from a rental property or to deprive existing tenants of their rights to possession of a rental property under the laws of this state and this Code, and such existing tenants shall have a right under the this Code to retain possession of a rental property notwithstanding an owner’s inability to collect rent from such tenants pursuant to this subsection.
(e) A tenant who retains possession of a rental property under Subsection (d) of this section, notwithstanding an owner’s inability to collect rent, may nevertheless be evicted if an owner establishes that the tenant is subject to eviction for reasons other than non-payment of rent.
(f) Section 8-15-35(d) of this Code shall not be construed to penalize the tenant or occupant of a rental property for occupancy of a rental property that does not have a valid Certificate of Compliance except as set forth in this subsection. Notwithstanding Subsection (d) of this section, where an inspection of a rental property or a notice of suspension or denial of a Certificate of Compliance states that there is an immediate danger due to a violation or violations of this article or other applicable laws, codes or regulations, the dwelling may be ordered immediately vacated by the Building Official, or his or her designee, and any occupancy shall thereafter be unlawful.
(g) It shall be unlawful for the owner of a rental property on which the original construction was completed prior to January 1, 1978 and required to be registered pursuant to Section 8-15-81 of this Code to allow the rental property to be occupied without a lead-clearance report being obtained and provided to the Buildings, Safety Engineering, and Environmental Department in accordance with Subdivision B of this division, provided, that the owner shall not be required to obtain a lead clearance until the next-prescribed annual inspection date for the owner for the rental property occurring after the effective date of this section, which was November 24, 2017.
(h) Nothing in this section shall be interpreted as limiting or controlling the amount of rent an owner may charge to a tenant pursuant to a lawful agreement with the tenant.
(i) Subsection (d) of this section shall take effect by ZIP Code according to a schedule promulgated by the Director of the Buildings, Safety Engineering, and Environmental Department and posted on the City’s website. Such schedule shall be promulgated no later than 60 days following the effective date of this subsection, which was November 24, 2017, and may thereafter be amended periodically at the discretion of the Director of the Buildings, Safety Engineering, and Environmental Department.
(j) In each of the five years following the effective date of this subsection, which was November 24, 2017, the Buildings, Safety Engineering, and Environmental Department shall provide the City Council with a report outlining the state of rental housing in the City. The report shall include, by ZIP Code, the number and percentage of registered rental properties that are currently occupied, the percentage of residents who are renters, the average monthly income and average household size of renters, and the number and percentage of registered rental properties that lack a Certificate of Compliance. In addition, the report shall include, by ZIP Code, the median income of rental-property owners who are individuals, the average percentage of individual rental-property owner’s income that is attributable to the owner’s rental-property portfolio, the average number of rental properties in each owner’s rental-property portfolio, and the average yearly profit on rental properties that are one-family dwellings, two-family dwellings, and multi-family dwellings. Further, the report shall include the average costs during the preceding year that rental-property owners expended to bring their properties into compliance with this article. Where practicable, the report shall break down such repair costs according to the type of repair made, and according to the type of rental property: one-family, two-family, and multi-family. Any report issued pursuant to this subsection shall include United States Census data regarding the demographics of each ZIP Code subject to the report. When preparing reports pursuant to this subsection, the Buildings, Safety Engineering, and Environmental Department may use any data source, including, but not limited to, surveys of property owners and tenants. The first report under this subsection shall be made no later than one year following the effective date of this subsection, which was November 24, 2017.
Detroit Code of Ordinances § 8-15-81. Registration of rental property.
Effective: 11/24/17 – Through: 7/1/22
(a) The owners or agents of rental property shall register all such dwellings with the Buildings, Safety Engineering, and Environmental Department and obtain a Certificate of Registration of Rental Property as provided for in this section. Application for the Certificate of Registration of Rental Property shall be made on forms provided by the Department and shall contain:
(1) The location and use of the rental property;
(2) The name, address, telephone number, and, if an individual, the driver’s license number or state identification number of the rental property owner applicant, and, if a corporation or other legal entity, the name and address of the resident agent;
(3) Information listed in Subsection (a)(2) of this section for each partner, corporate officer, or any other person having any interest in the rental property;
(4) The names, addresses, and telephone numbers of any persons or firms, other than the owner or owners, who are responsible for property maintenance, or a person who is a caretaker of the rental property pursuant to Section 8-15-84 of this Code; and
(5) Whether the rental property is listed on the lead safe housing registry established under Section 5474b of the Michigan Lead Abatement Act, Part 54A of the Michigan Health Code, being MCL 333.5457b.
(b) It shall be unlawful for any person to provide false information on an application for a Certificate of Registration of Rental Property required by this section.
(c) Certificates of Registration of Rental Property shall be renewed on the date established by the Buildings, Safety Engineering and Environmental Department according to the following schedule:
(1) Subject to Subsection (c)(2) of this section, if an owner has owned a rental property since January 1 of the preceding calendar year and, since January 1 of the preceding calendar year:
a. Has remained current on all taxes associated with that property; and
b. Has been issued no notices for violations of this article associated with the property, the owner’s Certificate of Registration of Rental Property shall thereafter be renewed once every three years if the rental property is a one- or two-family dwelling, or once every two years if the rental property is other than a one- or two-family dwelling.
(2) An owner in violation of any of the conditions set forth in Subsection (c)(1)a, or (c)(1)b, of this section shall renew annually the Certificate of Registration for that property for three years.
(3) In all other circumstances, the owner’s Certificate of Registration shall be renewed annually.
(d) The Buildings, Safety Engineering and Environmental Department shall maintain a registry of owners and rental property governed by this section. The Department may combine this registry with the registry required by Section 8-15-82(c) of this Code.
(e) Where rental property required to be registered under this section is sold or otherwise transferred to a new owner, the Certificate of Registration of Rental Property issued the previous owner shall expire on the date of the sale or transfer and, within 90 days after the sale or transfer of the rental property, the new owner shall apply for a Certificate of Registration in the manner prescribed in this section.
Detroit Code of Ordinances § 8-15-33. Fees.
Effective: 7/18/03 – Through: 6/1/23
(a) In accordance with Section 9-507 of the Charter, the Director of the Buildings, Safety Engineering, and Environmental Department is authorized to establish necessary fees with the approval of the City Council, through adoption of a resolution, for the cost of certificates, inspections, re-inspections, and other fees that are required by this article. The fees that are authorized by this subsection shall cover the costs that are incurred by the Buildings, Safety Engineering, and Environmental Department when rendering such services in the administration and enforcement of this article.
(b) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees provided for in Subsection (a) of this section shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Buildings, Safety Engineering, and Environmental Department and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Buildings, Safety Engineering, and Environmental Department at least once every two years.
(c) The fees that are prescribed by this section shall be paid to the Buildings, Safety Engineering, and Environmental Department.
Mich. Stat. § 125.526. Inspection; inspection by federal government as substitute; basis; inspectors; consent to enter leasehold; duties of owner; access during reasonable hours; request by owner to enter leasehold; multiple lessees; discrimination prohibited; fees; report; dwelling with child residing; ordinance; “lease” defined.
Effective: 2/19/18 – Through: 6/1/23
(1) A local governmental unit is not required to inspect a multiple dwelling or other dwelling unless the local governmental unit receives a complaint from a lessee of a violation of this act.
(2) Subject to subsection (1), the enforcing agency shall inspect multiple dwellings and other dwellings regulated by this act in accordance with this act. If a local governmental unit adopts an ordinance providing for inspections of multiple dwellings or other dwellings on a basis described in subsection (4)(a), (c), (d), or (e), both of the following apply:
(a) The period between inspections of a multiple dwelling or rooming house shall not be longer than 4 years, or 6 years if the most recent inspection of the premises found no violations of this act and the multiple dwelling or rooming house has not changed ownership during the 6-year period.
(b) All other dwellings regulated by this act may be inspected at reasonable intervals.
(3) Inspections of multiple dwellings or other dwellings conducted by the United States Department of Housing and Urban Development under the real estate assessment center inspection process or by other government agencies may be accepted by a local governmental unit and an enforcing agency as a substitute for inspections required by a local enforcing agency. To the extent permitted under applicable law, a local enforcing agency or its designee may exercise inspection authority delegated by law or agreement from other agencies or authorities that perform inspections required under other state law or federal law.
(4) An inspection shall be conducted in the manner best calculated to secure compliance with this act and appropriate to the needs of the community, including, but not limited to, on 1 or more of the following bases:
(a) An area basis, under which all the regulated premises in a predetermined geographical area are inspected simultaneously, or within a short period of time.
(b) A complaint basis, under which premises that are the subject of complaints of violations are inspected within a reasonable time.
(c) A recurrent violation basis, under which premises that have a high incidence of recurrent or uncorrected violations are inspected more frequently.
(d) A compliance basis, under which a premises brought into compliance before the expiration of a certificate of compliance or any requested repair order may be issued a certificate of compliance for the maximum renewal certification period authorized by the local governmental unit.
(e) A percentage basis, under which a local governmental unit establishes a percentage of units in a multiple dwelling to be inspected in order to issue a certificate of compliance for the multiple dwelling.
(5) An inspection shall be carried out by the enforcing agency, or by the enforcing agency and representatives of other agencies that form a team to undertake an inspection under this and other applicable acts.
(6) Except as provided in subsections (7) to (9) and (11), an inspector or team of inspectors must request and receive consent from the lessee to enter before entering a leasehold regulated by this act to undertake an inspection.
(7) The owner of a leasehold shall notify the lessee of the enforcing agency’s request to inspect a leasehold, shall make a good-faith effort to obtain the lessee’s consent for an inspection, and, if the owner obtains the lessee’s consent for an inspection, shall arrange for the inspection by the enforcing agency.
(8) The owner of a leasehold shall provide the enforcing agency access to the leasehold for an inspection during reasonable hours if any of the following apply:
(a) The lease authorizes an enforcing agency inspector to enter the leasehold for an inspection.
(b) The lessee has made a complaint to the enforcing agency.
(c) The leasehold is vacant.
(d) The enforcing agency serves an administrative warrant ordering the owner to provide access.
(e) The lessee has consented to an inspection under subsection (7). If a lessee is not present during the inspection, the enforcing agency may rely on the owner’s representation to the enforcing agency that the lessee has consented to the enforcing agency’s inspection.
(9) The lessee shall provide the enforcing agency access to the leasehold for an inspection during reasonable hours if any of the following apply:
(a) The lease authorizes an enforcing agency inspector to enter the leasehold for an inspection.
(b) The lessee has made a complaint to the enforcing agency.
(c) The enforcing agency serves an administrative warrant ordering the lessee to provide access.
(d) The lessee has given consent.
(10) If a lessee who refused an inspection by the enforcing agency vacates a leasehold before an inspection by the enforcing agency, the owner of the leasehold shall notify the enforcing agency within 10 days after the leasehold is vacated.
(11) Before entering a leasehold regulated by this act, the owner of the leasehold shall request and obtain permission to enter the leasehold. However, in the case of an emergency, including, but not limited to, fire, flood, or other threat of serious injury or death, the owner may enter at any time.
(12) The owner of a leasehold shall provide access to the enforcing agency to areas of the multiple dwelling or other dwelling that are not part of the leasehold or that are open to public view.
(13) For multiple lessees in a leasehold, notifying at least 1 lessee and requesting and obtaining the consent of at least 1 lessee satisfies the notice and consent requirements of subsections (6) and (7).
(14) The enforcing agency or the owner shall not discriminate against a lessee on the basis of whether the lessee consents to or refuses entry to the leasehold for an inspection by the enforcing agency.
(15) The enforcing agency shall not discriminate against an owner who has met the requirements of subsection (7) because a lessee refuses the enforcing agency entry to a leasehold for an inspection under this act.
(16) The enforcing agency may establish and charge a reasonable fee for inspections conducted under this act. The fee shall not exceed the actual, reasonable cost of providing the inspection for which the fee is charged. An inspection fee is not required to be paid more than 6 months before the inspection is to take place. An owner or property manager is not liable for an inspection fee if the inspection is not performed and the enforcing agency is the direct cause of the failure to perform the inspection.
(17) If requested, an enforcing agency or a local governmental unit shall produce a report on the income and expenses of the inspection program for the preceding fiscal year. The report shall state the amount of the fees assessed by the enforcing agency, the costs incurred in performing inspections, and the number of units inspected. The report shall be provided to the requesting party within 90 days after the request is made. The enforcing agency or local governmental unit may produce the report electronically. If the enforcing agency does not have readily available access to the information required for the report, the enforcing agency may charge the requesting party a fee not greater than the actual reasonable cost of compiling and providing the information. If an enforcing agency charges a fee under this subsection, the enforcing agency shall include in the report the costs of compiling and providing the information.
(18) If a complaint identifies a multiple dwelling or other dwelling regulated under this act in which an individual under 18 years of age is residing, the dwelling shall be inspected before any inspection in response to a nonemergency complaint.
(19) Subject to section 8, a local governmental unit may adopt an ordinance to implement this section.
(20) When used in this act as a noun, “lease” means a written or unwritten agreement or contract that sets forth the terms and conditions, rights and obligations of each party with respect to a residential dwelling, dwelling unit, rooming unit, building, premises, or structure that is not occupied by the owner of record.
Mich. Stat. § 125.531. Certificate; application; temporary certificates; fee.
Effective: 11/15/68 – Through: 6/1/23
(1) An owner shall apply for a certificate of compliance. Inspection and issuance of certificates shall be in accordance with the requirements of this act and with procedures established by the enforcing agency. The enforcing agency may authorize the issuance of temporary certificates without inspection for those premises in which there are no violations of record as of the effective date of this article, and shall issue such temporary certificates upon application in cases where inspections are not conducted within a reasonable time. Temporary certificates shall also be issued for premises with violations of record, whether existing before or after the effective date of this article, when the owner can show proof of having undertaken to correct such conditions, or when the municipality has been authorized to make repairs, or when a receiver has been appointed, or when an owner rehabilitation plan has been accepted by the court.
(2) An application for a certificate shall be made when the owners, or any of them, enroll in the registry of owners and premises. If the owner fails to register, any occupant of unregistered or uncertified premises may make application.
(3) A fee of $10.00 shall be paid by the applicant at the time the certificate is issued.
Detroit Code of Ordinances § 8-15-7. Definitions: L—O.
Effective: 3/5/15 – Through: 7/1/22
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Labeled means appliances, devices, equipment, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization that is concerned with product evaluation and maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
Large movable or stationary containers means receptacles which are two cubic yards, three cubic yards, six cubic yards or larger in capacity and are mechanically emptied.
Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
Lead-based paint hazard means any of the following conditions:
(1) Any lead-based paint on a friction surface, or on an impact surface, such as windows or doors, unless they are replacement items that were manufactured after 1978, or unless a lead inspection is performed by a certified lead inspector or risk assessor to verify that the surfaces do not contain lead-based paint; or
(2) Any lead-based paint on a friction surface, or on an impact surface, such as windows or doors, where the lead dust levels on the nearest horizontal surface are equal to or greater than the dust-lead hazard levels identified in rules promulgated under the Michigan Lead Abatement Act, being MCL 333.5451 et seq.; or
(3) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component; or
(4) An interior or exterior surface painted with lead-based paint that a young child can mouth or chew and includes an “accessible surface” as defined in Section 4851b(2) of the Residential Lead-Based Paint Hazard Reduction Act, being 42 USC 4851 et seq., provided, that hard metal substrates and other materials, which cannot be dented by the bite of a young child, are not considered chewable; or
(5) Any other deteriorated lead-based paint in or on any residential building or child-occupied facility; or
(6) Surface dust in a residential dwelling or child-occupied facility that contains lead in a mass-per-area concentration equal to or exceeding the levels established by rules promulgated under the Michigan Lead Abatement Act, being MCL 333.5451 et seq.; or
(7) Bare soil on residential rental property that contains lead equal to or exceeding levels established by rules promulgated under the Michigan Lead Abatement Act, being 333.5451 et seq.; or
(8) A porch that is found to contain more than 40 ug. per square foot of leaded dust.
Lead clearance means:
(1) A residential dwelling that has undergone interim controls or abatement to reduce or control lead-based paint hazards, and the owner has received a post-remedy clearance report from a certified clearance technician or, for interim controls only, a certified inspector or risk assessor; or
(2) The owner of a residential rental property has received report from a certified lead inspector or risk assessor that lead paint exists on the rental property, but there are no lead-based paint hazards on the rental property; or
(3) The owner of a residential rental property has received a report from a certified lead inspector or risk assessor that lead-based paint does not exist on the rental property.
Lead inspection means a surface-by-surface investigation to determine the presence of lead paint and the provision of a report explaining the results of the investigation.
Let means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Litter means, as defined by Section 8901 of the Michigan Natural Resources and Environmental Protection Act, being MCL 324.8901, all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances.
Loft means a dwelling unit in a building originally constructed for other than residential use containing one or more rooms or enclosed floor spaces arranged for living, eating, sleeping, and/or a home occupation, which contains bathroom and kitchen facilities, subject to the conditions specified in Chapter 50 of the 2019 Detroit City Code, Zoning.
Motel means a building, or a group of buildings, on a single zoning lot, that contains rooming or dwelling units which may or may not be independently accessible from the outside, designed for or primarily occupied by transients and may include any such building or building group that is designated as a hotel, motor lodge, motor inn, or any other name intended for identification as providing lodging for compensation, and that is with or without a general kitchen and public dining room for use by the occupants.
Motor vehicle means any vehicle that is self-propelled and used for transportation of persons or goods.
Multiple dwelling means any building containing three or more rooming or dwelling units.
Multiple-use building means any building containing two or more areas or spaces of different occupancies.
Noxious weeds means plants such as Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum), ragweed (Ambrosia elatior 1.) and poison ivy (Rhus toxicondendron), poison sumac (toxicodendron vernix), or other plant which, in the opinion of the Public Health Director, is regarded as a common nuisance.
Nursing home means a facility which provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury or infirmity, and which is not a unit in a correctional facility that is operated by the Michigan Department of Health and Human Services.
Occupancy means the purpose for which a building or structure is utilized or occupied.
Occupant means any individual living or sleeping in a building or structure, or having possession of a space within a building or structure.
Openable area means that part of a window, skylight, or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator means any person who is in charge, or has the care or control of a building, premises or structure, which is let, offered or rented for occupancy.
Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the building, premises or structure, or is recorded in the official records of the state, the County, or the City as holding title to the building, premises or structure, or otherwise has the legal responsibility for the control and maintenance of the building, premises or structure, including the conservator or guardian of the estate of any such person, the executor or administrator of the estate of such person where ordered to take possession of a building, premises, or structure by a court, or is the taxpayer of record.
Detroit Code of Ordinances § 8-15-8. Definitions: P—R.
Effective: 3/5/15 – Through: 7/1/22
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Permanent means an expected design life of at least 20 years.
Person means an individual, partnership, firm, company, corporation, association, sole proprietorship, joint venture, owner, operator, or any other legal entity.
Portable containers means receptacles which are not more than 30 gallons in capacity and are manually emptied.
Post-remedy clearance report means a report from a certified clearance technician, for interim controls only, or a certified lead inspector or certified risk assessor that:
(1) Identifies the lead-based paint hazards in the rental property; and
(2) Certifies that the lead-based paint hazards have been abated or reduced by interim controls pursuant to standards under the Michigan Lead Abatement Act, being MCL 333.5451 et seq.
Premises means a lot, plot or parcel of land, including any buildings or structures thereon.
Property means real property, including attachments and fixtures.
Public Health Director means the Director and Health Officer of the Detroit Health Department.
Rat control means the distribution of rat poison or the setting of rat traps or fumigation or such other methods of rat eradication as may be approved by the Public Health Director.
Rat harborage means any condition under which rats may find shelter or protection.
Ratproof or ratproofing means a form of construction which will prevent the ingress or egress of rats to or from a given space or buildings, or will prevent rats from gaining access to food, water or harborage and consists of closing and keeping closed by the use of material impervious to rat gnawing of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats by climbing, burrowing or other methods.
Reduction or reduce means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods, including, but not limited to, interim controls and abatement.
Rental property means a non-owner-occupied dwelling unit or dwelling units that:
(1) Is or are let or occupied by persons, including a family member of the owner, pursuant to an oral or written rental contract, or lease, or other oral or written agreement or understanding for occupation, with or without monetary compensation; or
(2) Will be offered for occupancy under an oral or written rental contract or lease, or other oral or written agreement or understanding for occupation, with or without monetary compensation to any person; or
(3) Is or are contained within a building with two or more dwelling units that are not occupied by the owner; or
(4) Has or have been advertised to the public or previously registered with the City as rental property.
Repeat offense means a second, or any subsequent, blight violation determination regarding a blight violation notice that is made within one year for the same blight violation, except for a determination by an administrative hearings officer that a person is not responsible for a blight violation for the first or subsequent violation.
Residential structure means the household units of the residents of the City.
Retaliatory action means any action that materially alters the terms of the tenancy of the premises such as an increase in rent, termination of a lease or tenancy, or interference with the tenants’ occupancy or use of the premises.
Risk assessment means both of the following:
(1) An on-site investigation conducted by a certified risk assessor to determine the existence, nature, severity, and location of a lead-based paint hazard; and
(2) The provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing the lead-based paint hazard.
Rooming house means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
Rooming unit means any room, or group of rooms, that form a single habitable unit occupied, or intended to be occupied, for sleeping or living, but not for cooking purposes.
Rubbish means, as defined by Section 11505 of the Michigan Natural Resources and Environmental Act, being MCL 324.11505, non-putrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety.