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

Dwelling unit. See Section 151.003.

Landlord. Any person who owns or controls a dwelling, dwelling unit, or rental unit and rents such unit, either personally or through a designated agent, to any person.

Owner. The legal title holder of a rental unit or the premises within which the rental unit is situated.

Owner-occupied rental unit. A rental unit that is occupied in whole or in part by an individual whose name specifically appears on the deed for the property where the rental unit is located.

Person. Any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation or received, executor, personal representative, trust, trustee, conservator or other representative appointed by order of any court.

Premises. A lot, plot or parcel of land, including the buildings or structures thereon, which also includes dwelling units and dwellings.

Rental unit. Any dwelling unit or residential structure containing sleeping units, including but not limited to apartments, boarding houses, or sleeping rooms, which is leased or rented from the owner or other person in control of such units, to any tenant, whether by day, week, month, year or any other term.

Responsible local agent. A natural person having his or her place of residence in the State of Michigan and designated by the property owner as the agent responsible for operating such property in compliance with the ordinances adopted by the city.

Tenant. Any individual who has the temporary use and occupancy of real property owned by another person in subordination to that other person's title and with that other person's consent; for example, a person who rents or leases a dwelling, dwelling unit, or rental unit from a landlord.

(Ord. No. 3-2014, 10-15-2014)

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:

(A)

The owner of the rental unit shall have registered the rental unit with the Building Official and Zoning Department by completing and filing a current registration form with the City Zoning Administrator, or his or her designee, as provided in Section 154.03;

(B)

An inspection shall have been completed to the satisfaction of the City Zoning Administrator, or his or her designee;

(C)

A valid certificate of compliance shall have been issued by the City Zoning Administrator, his or her designee or by an official engaged by the Iron County Housing Commission; and

(D)

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

(Ord. No. 3-2014, 10-15-2014)

No person shall lease, rent, occupy, or otherwise allow a rental unit within the city to be occupied without first registering the rental unit with the City Zoning Administrator, or his or her designee, and designating a responsible local agent.

(A)

Registration forms. Registration shall be made upon forms furnished by the City Zoning Administrator, or his or her designee, and shall require all of the following information:

(1)

The street address of the rental unit(s);

(2)

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

(3)

Name, business and residence address, telephone number, and where applicable an e-mail address, mobile telephone number, and facsimile number of all property owners of the renal unit(s);

(4)

Name, business and 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;

(5)

The maximum number of occupants proposed for each rental unit;

(6)

Name, residence address, telephone number, and where applicable an e-mail address, mobile telephone number, and facsimile number of the person authorized to order repairs or services for the property if different than the owner or responsible local agent, if in violation of city or state codes, if the person is other than the owner or the responsible local agent; and

(7)

Information relating to the size of all habitable rooms.

(B)

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 the property owner(s) or 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.

(C)

Change in registration information or transfer of property. The property owner of a rental unit registered with the city shall re-register within 30 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 30 calendar days following the transfer of the property. If a transfer of ownership occurs and there is a current certificate of compliance on file, 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.

(D)

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

(1)

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

(2)

Providing access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the applicable city ordinances, except where the tenant has refused entry;

(3)

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

(4)

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

(Ord. No. 3-2014, 10-15-2014)

(A)

Registration requirements. All facilities, areas and rental units governed by this chapter shall be inspected and shall comply with the standards and provisions of the ordinances and codes adopted by the city, including Chapter 152. The City Zoning Administrator, or his or her designee, may inspect buildings and structures to secure the health safety and welfare of the occupants and of the general public and to obtain and maintain compliance with the standards of this chapter. Landlords may request a pre-compliance review before yielding to an inspection.

(B)

Unless the rental unit has been inspected by an official of the Iron County Housing Commission and found to be in conformance with standards issued by the United States Department of Housing and Urban Development, the property owner shall provide to the city an inspection certification report on a form as provided by the city which is signed by a licensed residential building contractor or residential maintenance contractor that rental unit is in satisfactory condition. Such an inspection certification report shall be provided when an applicant applies for a certificate of compliance and/or after it has been determined that the rental unit does not meet a code requirement.

(C)

The City Zoning Administrator, or his or her designee, may not inspect a residential rental more than once every three years, except under any of the following circumstances:

(1)

If registration and/or re-registration and certification of a rental unit is required by this chapter;

(2)

Upon the request of an owner of a rental unit for an advisory inspection;

(3)

Upon receipt of a complaint from an owner or occupant that the premises are in violation of this chapter;

(4)

Upon receipt of a report or a referral from the police department, other public agency or department, or any individual indicating that the premises are in violation of this chapter, which report or referral is based on the personal knowledge of the person making the report or referral;

(5)

If an exterior survey of the premises gives the enforcing officer probable cause to believe that the premises are in violation of this chapter;

(6)

Upon the enforcing officer's receipt of information that a rental unit is not registered with the city as required by this chapter;

(7)

Upon receiving a report or making an observation that a dwelling unit is unoccupied and unsecured or that a dwelling is damaged by fire;

(8)

If there is a need to determine compliance with a notice or an order issued by the city;

(9)

Annually if the dwelling unit had a problem with its heating system, hot water heater, or if five or more code violations were present at the last regular inspection prior to any re-inspections or at the time of a complaint inspection; or

(10)

If a life safety issue or an emergency is observed or is reasonably believed to exist.

(D)

Term. A certificate of compliance is valid for three years from the date of issuance. A new inspection and certificate shall not be required prior to a transfer if a certificate of compliance was issued within one year prior to the transfer of title.

(E)

Transfer exemptions. For purposes of this section, only a sale or transfer does not include a transfer:

(1)

After which the transferor retains an ownership interest in the property;

(2)

The property is transferred to a trust for the benefit of the transferor; or

(3)

The transfer is from a trust or estate to beneficiaries of the trust or estate without consideration.

(F)

Compliance before transfer. All major violations cited shall be corrected prior to transfer of title, unless the new owner submits a signed affidavit prior to the transfer to the Building Official and Zoning Department in which the new owner states that the new owner will assume responsibility to make the necessary corrections.

(G)

Inspection procedures.

(1)

Once the City Zoning Administrator, or his or her designee, has determined that a rental unit is in compliance with all of the ordinances adopted by the city, the inspection required for issuance of a certificate of compliance shall be satisfied.

(2)

If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of the applicable city code, the City Zoning Administrator, or his or her designee, shall provide the registered local agent and/or owner with written notice of such violations. The City Zoning Administrator, or his or her designee, shall set a re-inspection date before which such violation shall be corrected. If such violation has been corrected within that period, the inspection required for issuance of a certificate of compliance shall be satisfied. If such violations have not been corrected within that period, the City Zoning Administrator, or his or her designee, shall not issue the certificate of compliance and may take any action necessary to enforce compliance with applicable city and state codes and ordinances.

(3)

If there is a complaint filed on a property with the City Zoning Administrator, or his or her designee, the owner and/or responsible local agent will be notified in writing. In the event that the complaint is of an emergency nature, as determined by the City Zoning Administrator, or his or her designee, it will require immediate compliance with Chapter 152. If the complaint is not of an emergency nature, the owner will be granted an appropriate period of time to correct such violation, after this a reinspection or written verification from owner and/or responsible local agent and complaining party that the violation has been corrected will be required.

(4)

If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the owner of the inspected rental unit in compliance.

(5)

Where a re-inspection must be made to ensure conformity with this chapter or before a certificate of compliance is issued for those rental units that have been issued violation notices, the city will charge a separate inspection fee for every inspection when the violation has not been abated or corrected as provided in this chapter.

(6)

If an inspection is scheduled and the owner or responsible local agent fails to appear, an inspection fee shall be assessed against the owner and/or the responsible local agent, and an additional inspection fee shall be charged for the actual inspection.

(H)

Transfer of ownership inspections.

(1)

When there is a transfer of ownership of any rental unit, including an owner-occupied rental unit, and a current certificate of compliance exists for the unit, then the City Zoning Administrator, or his or her designee, shall waive the inspection if a certificate of compliance was issued within one year prior to the transfer of title. The new owner shall comply with the requirements of Section 154.03 by re-registering the rental unit within 30 calendar days following the transfer of property.

(2)

When there is a transfer of ownership of any rental unit, including an owner occupied rental unit, and a current certificate of compliance which is less than one year old does not exist for the unit, then the City Zoning Administrator, or his or her designee, shall conduct an inspection within 30 calendar days following the notification of the transfer of ownership as required by Section 154.03. If violations of this chapter or any other city ordinance or code are found, a notice of violation shall be issued to the owner.

(3)

If ownership of any rental unit is transferred contrary to subsections (1) or (2) of this subsection (H), or if the new owner fails to re-register a rental unit as required by Section 154.03, the property will not be in compliance with this chapter and the certificate of compliance and rental unit registration shall be deemed to expire within 60 days of the transfer unless appropriate steps are taken to obtain a rental unit registration and certificate of compliance.

(4)

Within 30 calendar days of the transfer of ownership of a rental unit, the new owner shall notify all residents of a rental unit which undergoes a transfer of ownership while the individuals are residing in that unit, including an owner-occupied rental unit, of the transfer of ownership.

(Ord. No. 3-2014, 10-15-2014; Ord. No. 2020-01, § 32, 2-19-2020)

No person shall own, operate, lease, rent, occupy, or otherwise allow a rental unit within the city to be occupied unless there is a valid certificate of compliance or temporary certificate issued by the City Zoning Administrator, or his or her designee, for the rental unit. A certificate of compliance shall be issued for each building containing a rental unit.

(A)

Requirements. A certificate of compliance shall be issued only after all of the following requirements have been satisfactorily completed:

(1)

Registration of the rental unit with the Building Official and Zoning Department;

(2)

Designation of the responsible local agent;

(3)

Payment in full of any and all required fees for registration and inspection fees; and

(4)

Inspection by the Building Official and Zoning Department resulting in a determination that the rental unit and the property complies with all city ordinances and state law.

(B)

Temporary certificates.

(1)

Temporary certificates of compliance for up to three years may be issued without prior inspection by the Building Official and Zoning department for those occupied rental units existing as of September 29, 2014. Such temporary certificates of compliance may be issued as of the effective date of the initial registration following September 29, 2014, to allow property owners to operate such rental units until such time as an inspection may be made by the City Zoning Administrator, or his or her designee. At such time as an inspection is made and the City Zoning Administrator, or his or her designee, has determined that provisions of this chapter have been complied with, the temporary certificate shall expire.

(2)

When a rental certificate of compliance is required, the City Zoning Administrator, or his or her designee, may issue a temporary rental certificate of compliance if all of the following circumstances exist:

(a)

The City Zoning Administrator, or his or her designee, is unable to complete an inspection of a rental unit to verify compliance with this chapter;

(b)

The enforcing officer is not aware of any current major violations;

(c)

The property owner has paid the annual registration fee and the inspection fees assessed against the property owner; and

(3)

The City Zoning Administrator, or his or her designee, may issue a temporary rental certificate of compliance for a newly registered rental unit.

(4)

The City Zoning Administrator, or his or her designee, may issue a temporary rental certificate of compliance for a rental unit subject to a housing order notice containing major or minor violations if the property owner is in the process of correcting such violations and can show proof of same.

(5)

Except as otherwise provided, a temporary rental certificate of compliance shall be valid until the enforcing officer completes an inspection and issues an order granting or denying a rental certificate of compliance. A temporary rental certificate of compliance may also be revoked by the Building Official if the property owner refuses to schedule and/or permit an inspection after having been given a 14-day notice that an inspection must be scheduled, unless the tenant has refused access to the Building Official.

(Ord. No. 3-2014, 10-15-2014)

(A)

The City Zoning Administrator, or his or her designee, may suspend a three-year rental certificate of compliance for a rental unit if the responsible person fails to comply with a housing order notice which was issued as the result of any required inspection, or if the responsible person fails to pay any fee as required by this chapter.

(B)

In such event, the enforcing officer may placard the property and order that it be vacated. The City Zoning Administrator, or his or her designee, shall reinstate a suspended certificate of compliance upon a determination that all violations are corrected and upon payment of the re-inspection fees. The reinstated rental certificate of compliance shall be issued for a period of not more than three years from the date of the original certificate.

(C)

A certificate of compliance or a temporary rental certificate of compliance shall expire on the date stated on the certificate. Sixty days after such expiration date, no person shall occupy a rental unit unless a new certificate of compliance has been issued.

(D)

If the City Zoning Administrator, or his or her designee, suspends a rental certificate of compliance, or if a three-year rental certificate of compliance has expired, then the City Zoning Administrator, or his or her designee, shall notify the occupant(s) of the suspension or expiration. The notice shall inform the occupant(s) that he or she may pay rent into a self-established escrow account until he or she vacates the unit, the rental certificate of compliance is reinstated or renewed, or a temporary rental certificate of compliance has been issued, whichever occurs first. This section shall not apply if the property owner establishes that the suspension of the rental certificate of compliance is due to violations that were caused by the occupant(s) of the rental unit. Once the rental certificate of compliance is reinstated or a temporary rental certificate of compliance has been issued, the rent shall again become due and payable in accordance with the terms of the lease or other agreement between the property owner and the occupant(s) or as determined by a court of law.

(E)

The City Zoning Administrator, or his or her designee, shall immediately notify the owner of any decision affecting the status of a rental certificate of compliance and advise the owner of their right to appeal and the procedures therefore. A tenant shall be notified if a certificate of compliance is revoked.

(Ord. No. 3-2014, 10-15-2014)

(A)

The annual registration fee per dwelling unit shall be determined, from time to time, by the Iron River City Council. The annual registration fee shall be owing as of June 1 of each and/or at the time that a dwelling unit is first rented. Property owners who have dwelling units which are being rented at the time of this chapter or who are seeking to renew the annual registrations shall be billed at least 30 days prior to the due date of the annual registration fee. The annual registration fee shall not be prorated for any partial rental year.

(B)

In addition to any annual registration fee, a rental inspection fee shall be charged. The rental inspection fee and rates shall be as established by the City Council from time to time. The rental inspection fee, if any, shall be due at the time that a property owner is required to apply for a certificate of compliance and also at the time that a property owner is required to apply for a renewal of a certificate of compliance. The rental inspection fee shall be owing in accordance with the following:

(1)

For one re-inspection following the initial inspection or the initial notice of deficiency, no additional fee shall be owing;

(2)

If an inspection is initiated by a complaint and no violation is found to exist, no inspection fee will be assessed against the owner of the inspected rental unit in compliance;

(3)

If an inspection is initiated by a complaint and if a violation is found to exist, a fee of $35.00 shall be owing;

(4)

For the second additional inspection following the initial inspection and notice of deficiency, an additional fee of $100.00 shall be owing; and

(5)

For all inspections after the second additional inspection and notice of deficiency, an additional fee of $200.00 per inspection shall be owing. All rental inspection fees shall be paid within 30 days of billing. If the rental inspection fees are not paid within such time period, then at the option of the city, the certificate of compliance shall be suspended, and the dwelling unit for which the rental inspection fee is not paid is to be vacated by the tenant(s).

(Ord. No. 3-2014, 10-15-2014)

All records, files and documents pertaining to the rental registration and inspection ordinance shall be maintained by the City Zoning Administrator, or his or her designee, and made available to the public as allowed or required by state law.

(Ord. No. 3-2014, 10-15-2014)

(A)

Enforcing officer. It shall be the duty and responsibility of the City Zoning Administrator, or his or her designee, to enforce the provisions of this chapter as herein provided. The term enforcing officer shall mean the City Zoning Administrator, or his or her designee. The enforcing officer has authority to issue and serve a municipal civil infraction citation in regard to the enforcement of this chapter and is hereby designated as an authorized local official to write municipal civil infraction tickets.

(B)

Coordination of enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of this chapter shall be the exclusive responsibility of the enforcing officer. Wherever, in the opinion of the enforcing officer, it is necessary or desirable to have inspections of any condition by any other department, he or she shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors or to multiple or conflicting orders, to the extent reasonably practicable under the circumstances. No order for correction of any violation under this chapter shall be issued without the approval of the enforcing officer.

(C)

Administrative liability. Except as may otherwise be provided by state statute, local law or ordinance, an officer, agent or employee of the city charged with the enforcement of this chapter shall not render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter. A person who institutes or assists in a prosecution under this chapter shall not be liable for damages, hereunder, as long as the person who institutes or assists in the prosecution has reasonable cause to believe that the party accused or prosecuted was responsible of any unlawful act or omission. Any suit brought against any officer, agent or employee of the jurisdiction, as a result of any act required or permitted in the discharge of his or her duties under this chapter, shall be defended by the legal representative of the city until the final determination of the proceedings.

(D)

Inspections. The enforcing officer may make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this chapter.

(E)

Right of entry. When an inspection shall be made, the enforcing officer may request permission to enter the premises at any reasonable time for the purpose of performing his or her duties under this chapter. Permission to access the premises may be granted by the owner of the premises, his or her agent, or a tenant occupying the premises or any other occupant of the premises. If there is an emergency, then the enforcing officer shall have the right to enter at any time.

(F)

Access by owner. Every tenant or other occupant of a property in the city shall give the owner thereof, or his or her agent or employee, access to any part of the premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.

(Ord. No. 3-2014, 10-15-2014)

The city shall have the right to obtain an order of mandamus and/or an injunction so as to enforce the terms and conditions of this chapter. All remedies which are provided by this chapter shall be cumulative.

(Ord. No. 3-2014, 10-15-2014)

(A)

Any person who shall violate a provision of this chapter, or who fails to comply therewith, or with any of the requirements thereof, shall be guilty of a municipal civil infraction as defined in Chapter 31.

(B)

Unless otherwise provided in this chapter, any person, firm, corporation, or any owner of any building, structure, or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created, shall be responsible for a municipal civil infraction. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter, or any omission or failure to act where the act is required by this chapter. Upon a finding of responsibility, a defendant shall be responsible for civil fine for each infraction as provided for in Chapter 31, plus any costs, damages, expenses and other sanctions, as authorized under Chapter 31, Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws.

(C)

For a first offense, a civil fine of not less than $100 plus costs shall be levied. The civil fine for any first repeat offense shall be not less than $200.00 plus costs. A civil fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500.00 plus costs. A sanction shall be a civil fine as provided for above, plus costs, damages, expenses, actual attorney fees and other sanctions, as authorized under Chapter 87 of Act 236 of the Public Acts of 1961, as amended, and other applicable laws. As used in this section, repeat offense means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:

(1)

Committed by a person or entity within any 12-month period; and

(2)

For which the person admits responsibility or is determined to be responsible.

(D)

Each day on which any violation of this chapter continues shall constitute a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any remedies available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent or abate any violation for any section of this chapter which is declared to be a civil infraction.

(E)

In the event that a person or entity who is found responsible fails to obey any correction order or order of mandamus which may be issued by a court, such person or entity may be required by a court of law to pay all reasonable costs and expenses which are incurred by the city in making the corrective action or actions.

(Ord. No. 3-2014, 10-15-2014)