Tuesday, August 29, 2017
The following ordinance had it's 2nd reading and was adopted at a regular meeting of the Fruitport Township Board on August 28, 2017:
ORDINANCE NO. 803
RENTAL UNIT REGISTRATION RESTATEMENT ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, BY RESTATING ARTICLE III, CHAPTER 6, TO AMEND REGULATIONS CONCERNING RENTAL UNITS; AND BY PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN ORDAINS:
Section 1. Chapter 6, Article III. Article III, Chapter 6 of the Fruitport Charter Township Code of Ordinances, entitled “Rental Units,” is restated and shall read in its entirety as follows.
Sec. 6-50. 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.
Owner means the legal title holder of a rental unit or the premises within which the rental unit is situated. In those cases in which the owner is not a natural person, the owner shall be the president, general manager, or other chief executive officer of the organization. Where more than one natural person has an ownership interest, each person with an ownership interest shall be considered the owner. An owner may designate an agent to undertake any of the owner’s duties or to receive notices pursuant to this article.
Rental unit means any dwelling as defined in chapter 42 of this code.
Sec. 6-51. Required registration.
(a) No owner shall lease, rent, or otherwise allow a rental unit to be occupied unless the rental unit is registered with the township and maintains a valid certificate of compliance.
Registration of a rental unit shall include the following:
(1) Completion and processing of a rental application;
(2) A scheduled inspection of the rental unit, if necessary; and
(3) Payment of all fees pursuant to this article;
(b) The application shall be created by the township and shall be available at the township. It shall include at least the following information:
(1) The address of the rental unit;
(2) The names and addresses of all owners of the rental unit;
(3) The name, address, and telephone number of the person authorized to collect rent from the individuals occupying the rental unit;
(4) The designation of a responsible local agent, if applicable, including the responsible local agent’s name, local address, email, and telephone number;
(5) The number of rental units in each building, if applicable; and
(6) The signatures of all the owners as well as the responsible local agent, if applicable.
Sec. 6.52. Certificate of compliance.
After the registration is complete, the township shall issue a certificate of compliance for the rental unit. The certificate of compliance shall be valid from the date of issuance until the end of the calendar year, at which point the certificate must be renewed. There shall be a fee of $10, payable upon receipt of the first certificate and subsequently payable upon an annual basis at the time of certificate renewal.
Sec. 6-53. Inaccurate or incomplete registration information.
It shall be a violation of this article for an owner to provide inaccurate information for the registration of rental units or to fail to provide information required by the township for such registration.
Sec. 6-54. Change in registration information.
The township must be informed of any change in registration information, including a transfer of ownership of the rental unit, within 60 days of the change.
Sec. 6-55. Owner’s responsibilities.
The owner shall be responsible for the following:
(1) Maintaining the rental unit in accordance with this article and all other applicable township, county, state, and federal rules and regulations;
(2) Maintaining a list of the number of occupants of the rental unit and each of their names;
(3) Being available or having an agent available within 24 hours for emergency situations; and
(4) Ensuring that the rental unit complies with all standards of this code, as well as all other local, state, and federal laws and regulations.
Sec. 6-56. Inspections.
All rental units may be inspected by the township upon request by the owner or occupant. The township shall also perform inspections of rental units pursuant to all other local, state, and federal laws and regulations. In any event, rental units shall be inspected at least every four years.
Owners shall be assessed a cost for inspections, which shall not exceed the township’s actual, reasonable cost to provide the inspection. The amount of the inspection charge shall be the amount charged by the contractor performing inspections for the township, with prior notice from the contractor to the township.
Sec. 6-57. Township correspondence.
Annually, the township shall attempt to send letters to the owners registered with the township which shall outline the rights and responsibilities of the owners and occupants pursuant to the international property maintenance code, as adopted by the township, or all other applicable local, state, and federal authority.
Sec. 6.58. Municipal civil infraction.
Any person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in section 2-183. Repeat offenses under this article shall be subject to increased fines as set forth in section 2-183.
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