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City of Kalamazoo, MI. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents.

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City of Kalamazoo, MI. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents. Article I Administrative Provision. This chapter shall be known and may be cited as the "Housing Code of the City of Kalamazoo. The general purpose of this chapter is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among others, the following specific purposes:. Unless otherwise expressly modified or deleted by this chapter, if a conflict occurs between a provision of this chapter and a provision of any national or published code adopted by the City, the provisions of the national and published code shall control.

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Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have the meanings shown in this chapter. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular includes the plural and the plural the singular. Where terms are not defined in this code and are defined in the International Property Maintenance Code, building, fire prevention, zoning, plumbing or mechanical codes, ASME A Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof.

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Terms defined. As used in this chapter, the following terms shall have the meanings indicated:. A watertight container that is constructed of durable material impervious to rodents that is capable of being serviced without creating unsanitary conditions, or such other containers that have been approved by the Kalamazoo County Health Department. Containers shall have tight-fitting covers or lids; or. A receptacle deed to be transported by or mechanically emptied into a refuse collection vehicle, and does not include receptacles used in office buildings, businesses, and single-family dwellings which are less than twenty-gallon capacity.

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Foyers, hallways and connecting corridors too small to be used for any other purpose than as foyers and connecting corridors. Closets and storage space used as such or too small to be used for anything else.

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Two or more dwelling units and one or more commercial occupants; or. Two or more commercial occupants and one or more dwelling units. Any public nuisance known at common law or equity.

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Any condition which might attract and be dangerous to the public, whether in a dwelling, on the premises upon which a dwelling is located or upon an unoccupied lot near a dwelling. This includes, but is not limited to, abandoned wells, cisterns, shafts, basements, excavations, structurally unsound fences, outbuildings or structures, lumber, vegetation, mounds of gravel, sand or earth which might prove a hazard for the public and whatever is dangerous to human life or is detrimental to health. Inadequate or unsanitary sewage or plumbing facilities. Whatever renders air, food, or drink unwholesome or detrimental to health as determined by the health officer.

Insufficient support, inadequate sewerage, drainage, heating, or wiring.

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Any violation of the provisions of this chapter relating to the aforesaid declared nuisances. Any person who, alone or tly or severally with others:. Shall be the land contract purchaser of any premises or dwelling; or. Shall have the charge, care, custody, possession, or control of any dwelling as owner or agent of the owner or as fiduciary.

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A housing cooperative or condominium, whether it is a partnership, corporation, or any type of association, shall be considered an owner of the buildings, grounds, and dwelling units which are part of the cooperative or condominium. Unless otherwise provided for the purpose of this chapter, a person is considered to have received a notice or order on the date it was personally served or the date the notice or order is mailed, certified or first-class postage prepaid, to him or her at the last known address according to City records.

No person shall occupy, rent, lease or permit any occupancy of any dwelling or dwelling unit unless it substantially complies with all applicable provisions of this chapter. It shall be unlawful for any person to erect or occupy any structure which is intended to be occupied, in whole or in part, as a temporary dwelling unless it complies with all provisions of this chapter. Every provision of this chapter which applies to rooming houses shall also apply to hotels and motels except to the extent that any such provision is found in conflict with the laws of the state or with the lawful regulations of any state board or agency.

No house trailer or mobile home, whether mobile or not, shall be occupied as a dwelling within the City except in legally established trailer parks or mobile home communities. Upon a determination that a nuisance exists, the City may order the prompt vacation of the dwelling by posting a notice of condemnation at a conspicuous location on the property and by mailing written notice to the owner of record. The City shall also have the authority to immediately board up or otherwise secure an unoccupied condemned dwelling if it is open to casual entry.

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Further, the City may require the owner to place a condemnation notice on the inside portion of a first floor window facing the street. No person shall remove or cause to be removed any condemnation notice without permission of the City. Occupancy of any such dwelling or dwelling unit creates a rebuttable presumption that the occupancy has occurred with the permission of the owner. However, at reasonable times between a. Any person in violation of any provisions of this section shall be deemed guilty of a misdemeanor.

If any portion of a building constructed as, or altered into, a dwelling is occupied for human habitation in violation of this chapter and has been deemed by the City as unfit for human habitation, the owner, owner's agent or lessor shall not, during the period of unlawful occupation, accept, retain or recover rent or maintain any action or special proceedings for possession of the premises for nonpayment of rent.

The terms "Building Code," "Electrical Code," "Mechanical Code," and "Plumbing Code," as used in this chapter or notices issued pursuant to this chapter, refer to those respective codes in Chapter 9 of the Kalamazoo City Code. The word "code" when not used in any of the foregoing contexts, but used in this chapter or in a notice issued pursuant to this chapter, refers to this chapter.

No person shall cause any utility which is required under this chapter or state law to be removed or shut off from or disconnected from any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies where discontinuance of service is approved by the City.

For purposes of enforcement and administration of Chapter 17 of the City Code, the following shall apply:. The City shall make inspections for the enforcement of this chapter. Such inspections are based on a legislative reaffirmation by the City that the most effective way to obtain compliance with the minimum requirements of this chapter is through routine periodic inspections of all premises regulated by this chapter, including hotels, motels, bed-and-breakfast inns, residential cooperatives, residential collectives, rooming houses, and all rental housing as mandated by Michigan law, and as expressly endorsed by the United States Supreme Court.

These inspections may be supplemented as needed with inspections undertaken on the basis of one or more of the provisions found elsewhere in this chapter.

Upon an emergency, as defined under rules promulgated by the City, the inspector or team of inspectors shall have the right to enter at any time. Unless otherwise provided in this chapter, or by a policy or an administrative rule, such inspections shall include a thorough examination of all parts of such rental units and the premises connected therewith, including all common areas and all dwelling units, for any violation of the applicable regulations which could affect the health, safety and welfare of any occupant or use of the premises, regardless of whether such dwelling units are rental units as defined by this chapter.

The Building Official or any other inspector is also empowered to make an inspection of any portion of any premises regulated by this chapter when there is probable cause to suspect that there is a violation of this chapter at the premises in question. Such inspections may be accomplished by a search warrant as provided for by this chapter and state law, by access voluntarily provided by the owner or responsible local agent to unoccupied units and common areas, or by access voluntarily provided by a resident of a dwelling unit occupied by that resident.

The City Manager may promulgate rules governing the length of certificates of compliance, the of units inspected in multiple dwellings or multiple-dwelling complexes, and under what circumstances inspections are waived.

The initial rules shall take effect upon endorsement by resolution of a majority of the City Commission. The City Manager shall have the authority to amend or replace any rules ly endorsed by resolution of the City Commission, provided that any proposed amendment or replacement shall be presented to the City Commission as an information item on the agenda of a regularly scheduled City Commission meeting held at least 30 days prior to the proposed effective date of such amended or replacement rules. The City shall have the authority under this chapter to obtain a search warrant to perform any inspection authorized by this chapter or by state law.

Such a search warrant is considered an administrative search warrant and shall permit an inspection to go forward only for purposes authorized by this chapter and state law.

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The City may also request an administrative search warrant when the premises in question have not been inspected within the time period prescribed by ordinance, by administrative policy, or by rule, or when the premises have not ly been certified or no longer have a current certificate of compliance.

Inspections under this section shall be carried out by the City and may include such representatives of other agencies as may form an inspection team to undertake an inspection under this chapter and other applicable ordinances.

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In a nonemergency situation in which the owner or occupant demands a search warrant, the City shall obtain a warrant from a court of competent jurisdiction. The occupant shall have the exclusive right to demand a search warrant for an inspection of any dwelling unit.

The warrant shall state the address of the building to be inspected, the nature of the inspection, as defined in this chapter or other applicable ordinances, and the reasons for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection e.

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The City may establish and charge a reasonable fee for inspections conducted under this chapter. All such fees shall be approved by a resolution adopted by the City Commission. It is the policy of the City of Kalamazoo that its staff will work cooperatively with landlords, tenants, neighborhood associations and other interested groups and individuals to help ensure safe, decent and sanitary rental housing through the systematic inspection of rental properties pursuant to the requirements prescribed by this chapter.

In all cases where a tenant or occupant has informed the owner or responsible local agent, either orally or in writing, that the inspector may have access to the dwelling unit, the owner shall provide access to the dwelling unit in question for purposes of conducting the inspection required by this chapter. If a tenant who has consented to the inspection informs the owner or responsible local agent that he or she would like to be present during the inspection, but that the time scheduled for the inspection is not convenient, the owner or responsible local agent shall inform the City of the tenant's desire to be present when the inspection occurs.

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The City shall make a reasonable effort to comply with the tenant's request. If the City, owner, and tenant cannot schedule a mutually convenient time for the inspection, the City shall have the discretion to seek a search warrant to inspect that dwelling unit pursuant to authority granted by this chapter and state law.

If a tenant or occupant of a unit scheduled for possible inspection informs the owner or responsible local agent that he or she will demand that the City obtain a search warrant, the owner or responsible local agent shall inform the tenant that the owner or responsible local agent is required by City code to accompany the inspector during the execution of a search warrant, and is required to provide access to any dwelling unit when a proper search warrant has been issued by a court of competent jurisdiction. If a search warrant is issued at the request of a tenant, the City shall make a reasonable effort to inform the tenant of the date of execution of the search warrant.

The City may require the owner of a leasehold to do one or more of the following:. Neither the City nor the owner may discriminate against an occupant on the basis of whether the occupant requests, permits, or refuses entry to the leasehold.

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An owner of a multiple dwelling shall not discriminate against any person whose dwelling unit is randomly selected for inspection by the City, nor shall any owner bill the cost of the inspection to tenants or other occupants of a property which is inspected under the provisions of this chapter.