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Iron River City Zoning Code

CHAPTER 152

PROPERTY MAINTENANCE4


Footnotes:
--- (4) ---

Cross reference— Petition and order to repair sidewalks, see § 93.03


Sec. 152.01.- Title.

These regulations shall be known as the Property Maintenance Code of the City of Iron River, hereinafter referred to as "this code."

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.02. - Utility service required.

Every occupied structure shall be supplied with hot and cold water, sanitary sewer service, heating capacity and electricity, unless otherwise provided for by this chapter. Services not contracted by the occupant shall be the responsibility of the owner.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.03. - Application of other codes.

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building codes, electrical codes, plumbing codes, and mechanical codes, which have been adopted and are being applied by the County of Iron, State of Michigan.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.04. - Fees.

The fees, if any, for activities and services performed by the city in carrying out its responsibilities under this chapter shall, from time to time, be established by a resolution of the City Council.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.05. - Dwellings.

No person or persons shall occupy or allow the occupancy of any structure or vehicle which is not designed or constructed for approved human habitation.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.06. - Municipal civil infraction.

A person who violates any provision of this chapter, shall be charged with a misdemeanor violation and upon being found guilty shall be subject to a fine of not more than $1,000.00, or imprisonment not exceeding 90 days, or both plus the actual cost incurred in prosecution.

(Ord. No. 1-2014, 10-15-2014; Ord. No. 2024-03, 6-19-2024)

Sec. 152.07. - Actions or proceedings.

(A)

In the event a person fails to comply with any provision of this chapter, the city may proceed to use a notice of violation and pursue prosecution as provided for in Section 91.17 and Section 91.18. The authorized City Official, as necessary, may ask the City Attorney to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

(1)

To restrain, correct or remove the violation or to refrain from any further execution of work;

(2)

To restrain or correct the erection, installation, maintenance, repair or alteration of such structure;

(3)

To require the removal of work in violation;

(4)

To prevent the occupancy of the structure that is not in compliance with the provisions of this chapter; or

(5)

To take other appropriate action.

(B)

Any cost for action taken or initiated by the authorized city official(s) shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.08. - Vacancy maintained.

Any structure that is vacant at the time a violation notice is issued for a hazardous, unsafe or unsanitary condition shall not be occupied until the cited violation has been corrected.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.09. - Notice to vacate.

Upon declaring a structure to be unfit for human occupancy and entry, the city shall issue a notice to vacate. The notice shall inform the occupants and owner of the basis for the notice, and order the occupants to vacate the affected structure.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.10. - Failure to vacate.

Any occupant that fails to comply with a notice to vacate issued under Section 152.09 shall be guilty of a misdemeanor violation and shall be subject to a fine not exceeding $100.00, plus costs of prosecution, or imprisonment not exceeding 90 days, or both.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.11. - Emergency orders.

If the authorized City Official determines that any emergency condition exists or is likely to exist, the authorized City Official shall immediately attempt to verbally inform the owner and all occupants of the structure of nature of the condition. The authorized city official shall also immediately attempt to verbally order the responsible person or owner to correct the condition. Such an order shall be effective immediately. Written notice called for by this chapter shall be prepared and mailed to the owner and occupants as soon as practicable after the verbal notice is given (or attempted to be given). Any person who fails to comply with any emergency order shall be guilty of a misdemeanor violation and shall be subject a fine not exceeding $100.00, plus costs of prosecution, or imprisonment not exceeding 90 days.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.12. - Failure to comply.

If the owner of a premises fails to comply with a demolition order within the time prescribed, the Zoning Administrator may seek an order for the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real property upon which the structure is located and shall be a lien upon such real property. Failure to comply shall also constitute a municipal civil infraction as provided by Chapter 31.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.13. - Definitions.

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Accessory building. See Section 151.003.

Animal. See Section 151.003.

Basement. That portion of an enclosed space under a building which is partially or wholly below grade and which has poured concrete, block, stone or similar durable bearing walls and a poured concrete floor.

Basic structural element. The parts of a building which provide the principal strength, stability, integrity, shape and safety, including, without limitation, plates, studs, joints, joists, rafters, stringers, stairs, subflooring, flooring, sheeting, (sic) lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.

City. See Section 151.003.

Deterioration or deteriorated. The fact or process of decay or degeneration which has progressed to the point where it has resulted in or will soon result in making an object or mechanism unsafe, unsanitary, inoperable, unusable or unsuitable for its intended use, including, without limitation, the advanced stage of rot, rust, mold, insect ingestion, infestation or destruction.

Domestic animal. See Section 151.003.

Dwelling unit. See Section 151.003.

Emergency. A condition of imminent danger calling for immediate action in order to avoid death, injury or illness to a human or the destruction or severe damaging of real personal property.

Family. A person living alone in a single dwelling unit or two or more persons whose domestic relationship is of a continuing, nontransient character and who reside together as a single house-keeping unit in one dwelling unit. This definition shall not include a collective number of individuals occupying a motel, fraternity, sorority, society, club, boarding or lodging house, a state licensed residential facility providing resident services for more than six persons, and any other collective number of individuals whose domestic relationships is of a transient or seasonal nature.

Good repair. To be properly installed, stable and maintained sufficiently free of defects or deterioration so as to be functional for its present use and to be safe and sanitary.

Good workmanship. Completing a task of construction, repair or replacement to commonly accepted industry standards, using materials, finishes and design equal to or equivalent to those being repaired or replaced. The result shall be free of defects, operate as intended and create no unsafe conditions.

Household pet. See Section 151.003.

Interior fixture. Those interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures include, without limitation, doors, door knobs, latches, locks, hinges, handles, hooks, light fixtures, electric outlet or switch cover plates, vent or opening grates, railings and mirrors.

Kitchen. A room used or intended to be used for the preparation of food or for both the preparation and consumption of food, but not for any other living or sleeping purposes.

One-family dwelling. See Section 151.003.

Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials.

Safe. A condition which is not likely to do harm to humans or to real or personal property.

Sanitary. Free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors, or which provides food for, or is an available source of food for, animals or insects.

Structure. Anything constructed or placed upon a property which is supported by the ground or which is supported by any other structure except a currently licensed vehicle.

Trash. Waste materials and items which are broken or discarded and which are of little or no value, including, without limitation, plaster, paper, wrappings, plant cuttings, household furnishings, building materials, appliances, equipment, machinery, packing and clothing.

Two-family dwelling. A building containing two dwelling units.

Unsafe. A condition which is reasonably likely to do harm to humans or property if not corrected or stopped.

Vermin. Rodents, birds and insects which are destructive of real or personal property or injurious to health.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.14. - Compliance.

All buildings, structures, premises and accessory buildings, whether occupied or unoccupied, shall meet or exceed the standards of this chapter.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.15. - Sanitation.

All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Outdoor storage of material of value shall not be permitted on a front or side porch or deck. Material kept outside shall be stored in a safe and sanitary manner and shall not have openings which may provide harborage for vermin.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.16. - Sidewalks and driveways.

All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of good repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of the building codes, which has been adopted and are being applied by County of Iron, State of Michigan.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.17. - Steps.

Any walkway, passageway or stairway with a vertical drop of more than eight inches shall be provided with a step or steps not greater than eight inches in height.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.18. - Trees and shrubs.

Trees and shrubs which have or could damage a structure or accessory building shall be trimmed or removed so as to prevent potential or further damage.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.19. - Basement floors.

Basement floors shall be maintained in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.20. - Operable windows.

Every window, other than a fixed window, shall be maintained in good repair and easily operable and capable of being held in position by window hardware.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.21. - Insect screens.

During the months of May through October, a tight-fitting insect screen maintained in good repair shall be fit over every operable window. Doors used for natural ventilation shall be fitted with screen doors in good repair and shall have a self-closing device in good working order.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.22. - Doors.

All exterior doors and hardware shall be maintained in good repair. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.23. - Exterior attachments.

Exterior attachments to basic structural elements including, without limitation, gutters, downspouts, screening, vents, antennas, awnings, and utility connections shall be maintained in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.24. - Interior surfaces.

All interior surfaces, including windows and doors, shall be maintained in good repair, and in a clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.25. - Interior flooring.

All floors in any room where a water faucet is present shall be protected by an unbroken waterproof or water-resistant covering such as water-resistant paint, tile, linoleum or carpet. Such coating or covering shall be maintained in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.26. - Handrails and guards.

Every handrail and guard shall be firmly fastened and capable of supporting imposed loads and shall be maintained in good condition.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.27. - Interior fixtures.

Interior fixtures shall be maintained in full operating condition and in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.28. - Interior equipment.

Appliances or facilities required by this chapter or otherwise present in the structure shall be maintained in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.29. - Exits unblocked.

No marked exit shall be partially or totally blocked. An exit or egress from any space shall open easily and shall not have a dead bolt, or locking device which requires a key or knowledge of a combination lock or code to unlock from the inside. Hasp hardware is prohibited on any exit door.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.30. - Accumulation of rubbish or garbage.

All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage. All trash and garbage shall be removed from a structure, yard or premises at least once per week.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.31. - Single occupancy.

Unless otherwise provided for by this chapter, each occupant of a one-family dwelling shall be responsible for maintaining the standards set forth in this chapter for the structure and property.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.32. - Habitable spaces.

At least one required window or skylight in a habitable room must open safely, readily and directly to the outdoors, unless mechanical ventilation which meets the requirements of this section is provided. Any opening window or skylight shall be maintained in good repair. A permanently and properly installed mechanical cooling or fresh air ventilation system controlled by the occupants and maintained in good repair may be used in place of natural ventilation provided provisions for natural light are maintained, and further provided that required means of egress provisions are met as utilized by the Iron County Construction Code.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.33. - Clothes dryer exhaust.

Clothes dryer venting systems shall be independent of all other systems and shall be vented to the outdoors.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.34. - Minimum occupancy area.

The minimum occupancy area shall be as defined in subsection 151.066(D)(2).

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.35. - General.

All plumbing fixtures shall be properly connected to either a public sanitary sewer system or to an approved private sewage disposal system which is in good repair and free of leaks.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.36. - Facilities required.

Every occupiable structure shall have a permanent central heating system installed pursuant to a valid permit, and maintained in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.37. - Residential occupancies.

Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code which is utilized in Iron County, Michigan.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.38. - Installation.

All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner in good repair.

(Ord. No. 1-2014, 10-15-2014)

Sec. 152.39. - Siding requirements.

All residential or commercial buildings or structures shall have permanent external covering, such as stone, vinyl, wood (not OSB), concrete or similar siding. No structure shall remain unfinished, or without completed external wall covering for more than one year, unless a property owner obtains certificate of approval land use permit renewal for an additional period.

(Ord. No. 2025-01, 3-19-2025)