§ 6-222. Rental inspection.

(a)

Purposes.

(1)

The purpose of this section is to protect the public health, safety and welfare by establishing minimum standards governing the state of repair and maintenance of rental dwellings, rental units, and the premises on which they are located; to establish minimum standards governing utilities, facilities, and other physical components and conditions, essential to make and keep such premises fit for residential occupancy and use; to prevent blight and its detrimental effects from destroying the character and viability of the community; to fix certain responsibilities and duties upon owners and tenants; to authorize and establish procedures for licensing, inspecting, and requiring that such premises be maintained in a compliant and timely manner; to establish inspection and administrative fees to be charged through the enforcement of this chapter; and to fix penalties for violations of this chapter.

(2)

This chapter is declared to be essential for the public health, safety, and welfare, and it is intended that this chapter be liberally construed to effectuate the purposes stated in this section.

(b)

Compliance required.

(1)

Every owner of a rental dwelling or rental unit shall comply with each of the requirements of this chapter. All rental dwellings and rental units located within the corporate boundaries of the City of Gibraltar shall be maintained in accordance with the provisions of the International Property Maintenance Code, as from time to time amended, the provisions of which are hereby adopted and incorporated herein by reference. Compliance with this section and the provisions of the International Property Maintenance Code will allow rental property owner(s) to renew their rental license(s) and qualify for the re-issuance of the certificate of compliance required herein.

(2)

Every owner of a rental dwelling or rental unit, as that term is defined in the Landlord-Tenant Relationship Act of the State of Michigan, the same being MCL 554.601 et seq., shall register with the city and obtain a rental license (certificate of licensure) within 180 days of the final adoption of this section, which shall be renewable upon compliance with the provisions of this section, as provided herein. Applications to renew such licenses shall be made at least 60 days prior to the expiration date thereof.

(3)

The owner of any rental dwelling or rental unit shall designate a person as the responsible local agent who shall be legally responsible for operating the registered rental dwelling or rental unit and shall also be responsible for providing access to such premises for making the inspections necessary to ensure compliance with the terms of this chapter and all applicable codes and ordinances adopted by the City of Gibraltar. A "certificate of compliance" shall not be issued if the owner fails to comply with the registration provisions of this section.

(c)

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

Certificate of compliance means a certificate issued by the Gibraltar Building Department, which certifies that a certain rental property is in compliance with this section, which certifies compliance with the provisions of the codes and ordinances of the City of Gibraltar for all rental dwellings and rental units. A certificate of compliance shall be valid for three years from the date of issue unless the property is sold or transferred. A new inspection and a new certificate of compliance shall be required prior to sale or transfer of a rental dwelling or a rental unit.

Common utility areas means all areas of a rental dwelling, including but not limited to: all mechanical rooms, utility rooms, storage areas, entrance and exit facilities, recreational areas and other public spaces within or connected to a rental dwelling. It excludes the dwelling units themselves.

Department means the City of Gibraltar Building Department.

Lease means any written or oral agreement that sets forth conditions concerning the use and occupancy of rental dwellings or rental units.

Notice of violation means a notice issued to the owner or registered agent stating that there has been a violation of this chapter and/or the International Property Maintenance Code, as amended, or any other applicable building code, ordinance, rule, or regulation concerning the property and/or the structures thereon. The notice may be in the form of a letter, warning notice, court appearance ticket, or email.

Occupancy includes all tenants, lessees, and persons residing within a rental dwelling or rental unit.

Owner means any person having legal or equitable interest in the premises.

Premises means any lot or piece of land, inclusive of the rental dwellings, rental units, common utility areas, and all other improvements or any part thereof.

Rental dwelling/rental unit means any structure, building, or other facility promised and/or leased in whole, or in part, to a residential tenant for use as a home, residence, or sleeping unit, regardless of the type, form, or amount of remuneration received as a result of such lease or other arrangement. Rental dwelling/rental unit includes, but is not limited to, all two-family dwellings, multifamily dwellings, apartment buildings, boarding houses, rooming houses, hotels, motels, flats, and single-family homes, condo's, and manufactured homes, that are rented in whole or in part. This section excludes single-family homes which are owner occupied and which have no rooms or areas rented out. The city shall look to the Landlord-Tenant Relationship Act of the State of Michigan, the same being MCL 554.601 et seq. for guidance in determining whether or not a specific property is subject to the provisions of this chapter.

Rental license means a certificate of licensure, indicating that a specific rental owner is licensed by the City of Gibraltar, to let or lease a structure or part of a structure, they own, to another person.

(d)

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.

(1)

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 this subsection.

(2)

An inspection shall have been completed to the satisfaction of the department.

(3)

A valid certificate of compliance shall have been issued by the department.

(4)

The current certificate of compliance shall be posted conspicuously on the premises.

(5)

All fees charged by the city for the registration and inspection of the rental unit shall be paid in full.

(6)

The owner or responsible local agent of the rental unit shall provide the department a document which states the names and telephone numbers of the persons who will occupy the unit. It shall also provide the length of their occupancy. Upon change of occupants, a notice of this information shall be furnished to the department. This section shall not apply to persons who occupy a hotel, motel, bed and breakfast, boarding houses, or sleeping rooms for less than 30 days.

(e)

Registration. 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.

(1)

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

a.

The street address of the rental unit(s);

b.

The number and types of rental units within the rental property;

c.

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);

d.

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;

e.

The maximum number of tenants permitted for each rental unit;

f.

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;

g.

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;

h.

The name, address and telephone number of the person, if any exists, who holds a lien on the rental unit or the real property on which the rental unit is located.

(2)

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.

(3)

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 60 calendar days after any change occurs in the registration information. 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 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 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 and pay the associated fee.

(4)

Registration term and renewals. Registration of a rental unit shall be effective for three years. All registrations shall expire three years from the date of issuance of a certificate of compliance. The property owner shall re-register each rental unit with the department, 60 calendar days prior to the expiration of the registration of the rental unit.

(5)

Responsible local agent. The designated responsible local agent shall be responsible for all of the following:

a.

Operating the registered rental unit in compliance with all applicable city ordinances;

b.

Providing access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the applicable city ordinances;

c.

Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible; and

d.

Accepting all legal notices or services of process with respect to the rental unit.

(f)

Licensing of a rental dwelling.

(1)

Rental license. It shall be unlawful for any person to let, lease, or rent, any rental dwelling/rental unit, as defined above, within the City of Gibraltar, without having first obtained a license and certificate of compliance from the City of Gibraltar as provided for herein. A complex of rental units, all owned by the same owner and all bordering each other, receives one license for the entire complex. Each stand alone structure used as a rental dwelling shall receive an individual rental license (example—single-family home).

(2)

License application. The legal owner of record shall make written application to the city clerk for the City of Gibraltar for a rental license, upon such form or forms as the city designates. Such application shall be submitted, together with a nonrefundable license fee, as amended. All rental licenses expire on June 30 of the third year following issuance and shall be renewed by August 31 of such year.

(g)

Certificate of compliance and required inspections.

(1)

Inspections. All rental dwelling properties within the City of Gibraltar shall be subject to inspection not less than once every 36 months, unless violation complaints are called into the building department or are observed by the city's building trade inspectors. Inspections will be made to determine if rental dwellings/units are in conformance with this section and the International Property Maintenance Code, as amended. The Gibraltar Building Department shall send written notice to the owner of record, indicating that they need to contact the City of Gibraltar Building Department to complete the following tasks within 30 days of the date of the notice:

a.

Pay the required inspection fees, as amended by resolution.

b.

Schedule a date, within 60 days of the date of the notice, to allow the City of Gibraltar's building trade inspectors access to the rental dwellings/rental units themselves and all common utility areas. Rental properties containing more than one building will require a per building inspection appointment so that each building will be inspected, in its entirety, at one time. It is the property owners' responsibility to notify tenants that the city inspectors will be entering individual rental units, along with the property owner or their designee, and that the tenant has the option of being present or absent on the date and time of the inspection for code compliance.

(2)

Required fees. Current inspection fees are as follows but are subject to revision under the city's fee ordinance in effect at the time payment is made.

a.

Rental registration fee. All owners and/or designated agents shall pay a registration fee of $15.00 for each individual unit being registered with an administrative fee of $10.00 per unit. The penalty for failing to register within the time limit specified for registration herein shall be $100.00 per unit.

b.

Rental license and certification fees (single-family/duplex). The rental license and certification shall be valid for three years from the date of issuance. The fee shall cover the rental license, the initial inspection and one additional reinspection. The fees shall be:

1.

Rental license, inspection and one reinspection, per unit ..... $125.00

2.

Additional reinspections (and each subsequent), per unit ..... 50.00

c.

Rental license and certification fees (multi-unit). The rental license and certification shall be valid for three years from the date of issuance. The fee shall cover the rental license, the initial inspection and one additional reinspection. The fees shall be:

1.

First unit ..... $125.00

2.

Each additional unit ..... 100.00

3.

Each additional reinspection (and each subsequent) ..... 50.00

(3)

Reinspections. The above fees include one reinspection after the property owner has completed correcting any violations noted during the initial inspection. Property owners will have 60 days from the date of the initial inspection report to make repairs or correct property maintenance code violations. Reports shall be sent by first class mailing to the property owner of record or the designated agent. If the violations are still not corrected during the first reinspection, the property owner will be required to pay an additional reinspection fee for each additional inspection until compliance is achieved.

(4)

Issuance of a certificate of compliance. Once the building inspector confirms that a rental dwelling or rental unit, or all rental buildings in a specific complex, is in compliance with this section and the International Property Maintenance Code, the inspector will notify the building department to issue a certificate of compliance to the owner of record. The certificate will expire 36 months from date of issuance. The certificate shall be displayed in the manager's office, or other conspicuous place, or if not available, shall be maintained by the property owner, or his designated local agent, and reasonably made available for viewing by any prospective tenant upon request.

(5)

Penalties.

a.

All violations of this rental inspection section shall be a misdemeanor offense and subject to the following penalties and procedures:

1.

First time violations. The fine shall not be less that $100.00, nor more than $500.00 and/or 90 days in jail:

i.

Fail to obtain a rental owners license;

ii.

Fail to obtain a certificate of compliance after notification was mailed to the owner of record;

iii.

Failure to allow the City of Gibraltar's appointed rental unit inspector reasonable access to conduct inspections;

iv.

Failure to pay the required inspection fees;

v.

Failure to correct, or failure to show proof that corrective action is being taken to correct noted violations ($500.00 fine per violation not corrected).

2.

Repeat violations. Violations that re-surface within the following 12-month period of the first violation are subject to a fine of not less than $200.00 per violation, but not more than $500.00 per violation.

3.

[Recurring violations.] Third or subsequent recurring violations within 18 months of the date of the first violation are subject to a $500.00 fine per violation and/or 90 days in jail.

b.

In appropriate instances, and with the approval of each respective city inspector, the parties can agree and enter into a binding written agreement that any condition found to be in violation of this section or the International Property Maintenance Code shall be corrected by the owner within 90 days of the date of the violation in exchange for an agreement not to prosecute the violation as a misdemeanor. This practice shall only have application to first time offenders, and upon failure of the owner to comply with the written agreement, the offense shall be prosecuted as a second offense.

(h)

Scope of the inspections. Inspections shall disclose to the satisfaction of the city inspectors that the rental dwelling or rental unit is in compliance with the International Property Maintenance Code, as amended from time to time, and this section.

(1)

Exterior property areas. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The exterior of a structure shall be maintained in good repair and sanitary, so as not to pose a threat to public health, safety, or welfare; nor to allow the exterior to have the appearance of blight. All structures shall be kept free from insect and rat infestation.

(2)

Interior of structure. The interior of a rental structure and the utility equipment therein, or attached to the building, shall be maintained in good repair and in a sanitary condition. The owner of the structure is responsible for maintaining the structural integrity of the interior and exterior of the building, public areas, common utility areas, the exterior property, and the structural members and utilities of each rental unit. The renter/lessee of a rental unit is responsible for maintaining sanitary conditions in that portion of the structure they occupy or control. The renter/lessee shall not knowingly violate any international, state, or local building code provisions, or the provisions of the International Property Maintenance Code.

(3)

[ Inspection disclosures. ] If the inspection discloses any evidence of structural, electrical, mechanical, plumbing, or sanitation conditions that are, or may prove to be, detrimental to the health and safety of the occupants, the building inspector for the City of Gibraltar reserves the right to require immediate emergency repairs or post an "unsafe structure notice" and prohibit occupancy until the violations are corrected and pass inspection by the appropriate city inspectors.

(i)

Rental inspection board of appeals.

(1)

There is hereby created a rental inspection board of appeals which shall consist of three members. Membership shall consist of the city administrator or his designee, the code enforcement officer having primary responsibility for the enforcement of the International Property Maintenance Code and this section, and one member of the public-at-large appointed by the mayor with the advise and consent of the city council.

(2)

The board of appeals shall be authorized to hear and consider appeals from owners and designated local agents of owners who assert that the application and/or enforcement of this section will adversely affect the owner.

(3)

The board of appeals shall be deemed a public body in accordance with the provisions of the Michigan Open Meetings Act, MCL 15.231 et seq., and shall fully comply with the provisions thereof.

(4)

It shall be the responsibility of the board of appeals to prepare and publish its rules and procedures for the handling of all appeals coming before it, and to ensure that all petitioners are afforded procedural and substantive due process which shall include as a minimum notice of the proceedings, and opportunity to be heard and present relevant and material evidence related to the issue, and a decision in writing which shall set forth the facts upon which the decision is based and a reasoned decision on the merits.

(5)

Any member of the board of appeals having a financial interest in the matter before the board shall be required to recuse himself or herself from the proceedings and shall not participate in any aspect of the hearing and decision making process.

(6)

All appeals to the board of appeals shall be in writing and must be filed within 14 days of the date of the decision or action which gives rise to the appeal and shall contain the following information:

a.

The name of the owner, and the name of the local agent, if any;

b.

The property address, unit number or numbers;

c.

The date the property was inspected;

d.

The decision of the inspector which is being appealed;

e.

The reason or basis for the appeal;

f.

The relief requested.

(7)

The appeal shall be filed with the office of the city clerk. The appeal fee shall be $250.00 which shall be paid at the time the appeal is filed and shall cover an appeal related to a single unit, residential home, or duplex, and an additional fee of $10.00 for each additional unit covered by the appeal.

(8)

The board of appeals shall commence the hearing within 30 days of the date the appeal is received unless otherwise agreed by all parties.

(9)

The decision of the board of appeals shall be issued within 30 days of the close of the hearing and shall be deemed a final decision. All decisions of the board of appeals shall be subject to review by a court of competent jurisdiction and as permitted by law.

This section shall not be construed as affecting, limiting or otherwise interfering with the right to appeal as established and set forth in the International Property Maintenance Code. However, it shall be the responsibility of the board of appeals to rely upon the legislation and decisions relating to the International Property Maintenance Code and the Landlord-Tenant Relationship Act, as set forth herein for guidance in the determination of appeals coming before the board.

(Ord. No. 338, §§ I—IX, 4-13-2009; Ord. No. 385, 4-24-2017)

Editor's note

Ord. No. 338, §§ I—IX, adopted April 13, 2009, set out provisions intended for use as § 6-237. At the city's direction, these provisions have been included as § 6-222.