This subchapter shall be known and may be cited as the “St. Johns Building Code.”

(1990 Code, § 8.1)

   The fundamental purpose of this subchapter is to promote the public health, safety, morals and general welfare by adopting regulations governing the manner in which and the types of materials of which dwellings, buildings and structures shall hereafter be erected or altered, which regulations are intended to improve the safety, protection and sanitation of such buildings and structures. These requirements are to be interpreted as essentially minimum and nothing contained in this subchapter shall prohibit the use of any additional measures designed to improve the construction of any building or structure.

(1990 Code, § 8.2)

   No dwellings, buildings or structures shall be erected or altered other than in conformity with the provisions of this subchapter.

(1990 Code, § 8.3)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A supplemental and subordinate building or structure on the same lot as the principal or main building but not part of the main building.

   ALTERED. Any modification, addition, or change in construction or type of occupancy; any change or rearrangement in the structural parts of a building; any enlargement of a building, whether by extending a side or by increasing its height; or the moving from one location to another.

   APPROVED. Approval by the Code Administrator in accordance with the provisions and purposes of this subchapter.

   BUILDING. Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons, animals or property.

   DWELLING. Any building or portion thereof, which is designed or used exclusively for residential purposes.

   ERECTED. The construction, alteration, reconstruction, moving upon, or any physical activity upon a lot.

   INCOMBUSTIBLE. Material that will not by itself ignite when its temperature and that of the surrounding air is 1,200°F.

   MASONRY. Stone, brick, structural clay tile, concrete masonry units, gypsum tile or block, structural glass block or other similar building units or materials of a combination of same bonded together with mortar. MASONRY also includes plain concrete.

   PRIVATE GARAGE. An accessory building or an accessory portion of a principal building designed or used solely for the storage of noncommercial motor vehicles, boats, house trailers, and similar vehicles owned and used by the occupants of the building to which it is accessory.

   STORIES. That portion of a building included between the surface of any floor and the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and shall include all floors whose levels do not exceed 50% of the main floor level measured between the floor and ceiling. No less than seven and one-half foot ceilings shall be permitted.

   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.

(1990 Code, § 8.4)

   The provisions of this subchapter shall apply to all dwellings hereafter erected or altered.

(1990 Code, § 8.5)

   All building materials and workmanship shall be of good quality conforming to generally accepted good standards. Except as otherwise provided herein, the standards of the National Bureau of Standards shall be deemed to be generally accepted good practice.

(1990 Code, § 8.6)

   (A)   Proportions. Mortars of the following proportions measured by volume with sand in a damp, loose condition shall be acceptable for the specific uses mentioned in this section:

      (1)   Type A. One part of portland cement to not more than three parts of sand with an addition of hydrated lime or lime putty or not more than 25% of the cement;

      (2)   Type B. One part of portland cement, one part of hydrated lime or lime putty, and not more than six parts of sand; or one part of prepared masonry cement conforming to Federal Specifications, Type 11 (U.S. Bureau of Standards) FS-C 181B to not more than three parts of sand.

   (B)   Use. Type A mortar shall be used for all below grade masonry construction. Type A or Type B mortar shall be used for all above grade construction.

(1990 Code, § 8.7)

   Workable concrete shall be produced in accordance with the following table for the particular use specified.

 

 

* Sand: Sand or other fine material less than one-quarter inch in size.

Gravel: Gravel, crushed stone or other suitable material larger than one-quarter inch, but not larger than one-fifth the narrowest dimension between forms of the concrete number, nor larger than 2½ inches.

(1990 Code, § 8.8)

   (A)   All footings shall be carried below frost level, shall bear on undisturbed soil and shall be designed to properly and safely distribute the superimposed load and add sufficient stability to the foundation.

   (B)   Footings for all load bearing walls shall be of concrete at least 16 inches wide and eight inches deep for eight inch reinforced poured walls and eight inch blocks, 20 inches wide and ten inches deep for ten inch and 12 inch blocks; eight inch blocks are not acceptable under this subchapter, when brick facing is used for exterior walls.

   (C)   Where nonsuitable soil conditions are encountered in construction of footings and foundations, the Code Administrator may require soil borings and piling design acceptable to the Department of Public Works or any engineer designated by the City Commission.

(1990 Code, § 8.9)

   (A)   General requirements. All wood construction shall conform to the requirements of this section.

      (1)   Minimum sizes of lumber members required by this subchapter refer to nominal sizes. American Lumber Standards for dressed sizes shall be accepted as the minimum sizes conforming to nominal sizes. Computations to determine the required sizes of members shall be based upon the net dimensions (actual size) and not on the nominal sizes.

      (2)   Splicing of wood joists between bearing points is prohibited.

      (3)   Girders shall be structural steel, solid wood, built-up wood or reinforced concrete.

      (4)   All joists of solid wood girders shall be made over pier or column supports. No built-up girders shall have joints broken at less than four foot intervals.

      (5)   Wood or steel posts when used as columns in basements shall bear on a cement base 24 by 24 by 12 inches. The base shall bear directly on the post footing.

(1990 Code, § 8.10)

   (B)   Floor, ceiling and roof framing.

      (1)   Where floor joists frame into the side of wood girders, the joist shall be supported on metal joist hangers.

      (2)   Ends of floor joists framing into masonry walls shall be supported on metal joist hangers or shall have not less than four inches bearing and shall have at least inches fire cut. An air space of one-half inch shall be provided at ends and sides of wood joist framing masonry.

      (3)   Floor joists shall have a clearance of not less than 18 inches between the bottom of joists and the surface of the ground underneath. Floor joists up to 13 feet in length shall be at least two by eights placed 16 inches on center, 13 feet to 16 feet shall not be less than two by tens placed 16 inches on center.

      (4)   Floor joists shall be doubled under all non-bearing partitions which run parallel to the floor joist. Joists under bearing partitions shall be multiplied in sufficient number to adequately support combined loads. Doubled joists shall be separated and blocked at four feet intervals where piping or duct work occurs.

      (5)   Ends of lapped joists shall rest on girders or on bearing partitions and shall be securely nailed to plate and to each other.

      (6)   Floors, including attic floors and flat roof joists, shall be cross-bridged at intervals not to exceed eight feet and double-nailed at each end.

      (7)   Where the structural strength of framing members is definitely impaired by inherent defects or by cutting or drilling, such members shall be reinforced or replaced as required by the Code Administrator.

      (8)   An opening not less than 24 inches by 30 inches access into each attic space shall be provided.

      (9)   All attic spaces and other space between flat roofs and ceilings shall be ventilated by screening louvers or other means approved by the Code Administrator.

      (10)   Ceiling joists up to 14 feet shall be two by sixes; 14 to 16 feet shall be two by eights. When ceiling joists do not serve as ties for the rafters, collar beams of one by six or two by four shall be installed on at least each third pair of roof rafters and shall be securely nailed to the rafters. Maximum spacing of collar beams, five feet on center.

      (11)   All openings in roofs for dormer windows which are not supported on partitions shall be framed with double rafters and headers.

      (12)   All rafters shall be at least two by sixes spaced 16 inches on center.

      (13)   Roof boards shall be minimum three-quarter inch or plywood one-half inch.

(1990 Code, § 8.11)

   (C)   Exterior walls.

      (1)   All exterior wood or metal stud walls shall provide strength and rigidity equivalent to the following:

         (a)   Two by four inch wood studs spaced not more than 16 inches on center for walls supporting floor loads;

         (b)   Two by four inch wood studs spaced not more than 16 inches on center for walls that do not support floor loads.

      (2)   Headers over all openings shall be doubled and shall be set on edge. Spans for headers shall not exceed the following for size given.

         (a)   Spans up to four feet: two two by fours;

         (b)   Spans four feet to five and one-half feet: two two by sixes;

         (c)   Spans over seven feet: two two by tens.

      (3)   In lieu of headers, trussed construction may be used.

      (4)   The sills of frame walls supported directly on masonry shall be not less than two inches thick and not less in width than that of the width of the studs. Such sills shall be bolted to the masonry at corners and between corners with half inch bolts not less than 11 inches in length and spaced not more than six feet apart.

      (5)   Sheathing may be of wood, structural insulation board, gypsum board, plywood or other materials approved by the Code Administrator.

(1990 Code, § 8.12)

   (D)   Interior walls.

      (1)   All interior walls shall provide strength, rigidity and durability equivalent to the following: two by four inch wood studs spaced not more than 16 inches on center for all interior walls.

      (2)   All interior walls shall be covered with wood, dry wall, masonry, plaster or the equivalent in strength, rigidity and durability. The following minimums shall apply to the above materials:

         (a)   Wood - one-quarter inch over three-eighths inch backing;

         (b)   Drywall - three-eighths inch;

         (c)   Plaster - five-eighths inch of covering.

      (3)   Above components may further be covered by laminated or affixed coverings.

(1990 Code, § 8.13)

   The outer covering of all exterior walls shall be moisture-resistant, of sufficient stiffness and properly anchored to remain in place during high winds and be reasonably permanent, and for the purpose of reducing the fire-hazard be restricted to the following materials: wood-siding, exterior grade plywood, brick, cement block, cinder block, cement shingles, asphalt shingles, and brick siding, including other materials as may from time to time be approved by the Code Administrator as reasonably resistant to fire; provided, however, that no such materials shall include either tar paper or building paper.

(1990 Code, § 8.14)

   (A)   General. Solid brick walls shall be not less than eight inches thick with a header course at least every seventh course.

   (B)   Hollow masonry. The minimum thickness of bearing walls of structural clay tile or concrete masonry shall be not less than eight inches and shall have full mortar coverage on vertical and horizontal face shells.

   (C)   Brick veneer. Thickness of brick veneer shall be not less than three and three-fourths inches, properly anchored with rust resisting wall ties, at least one tie every three square feet and must rest on foundation.

   (D)   Existing walls. No existing wall shall be used for renewal or extension of a building or be increased in height without special written permission of the Code Administrator.

(1990 Code, § 8.15)

   The use of all readily ignitable and hazardous roofing material such as light asphalt or tar-impregnated paper and straw thatch is prohibited. The following materials may be considered as satisfactory: wood shingle, approved metal roofing, roll roofing or asbestos shingle.

(1990 Code, § 8.16)

   (A)   Materials. Chimneys shall be constructed of brick, stone, or reinforced concrete or hollow masonry units. When built of reinforced concrete or hollow masonry units with walls less than eight inches thick, the chimney shall be lined throughout the flue linings. Pre-fab chimneys may be used, such as Metalbestos chimney for oil or gas or any other pre-fab with the same fire rating.

   (B)   Foundations. Chimneys shall not rest upon or be carried by wood floors, beams or brackets, nor be hung or supported by metal stirrups from wood construction but shall be built upon concrete or masonry foundations or reinforced concrete slabs properly proportioned to carry the load without danger of settlement or cracking. The footing shall rest on solid earth and shall be carried below the frost level.

   (C)   Separation from other construction. No combustible beams, joists or rafters shall be placed within two inches of the outside face of the chimney. No combustible studding, lathing, furring or plugging shall be placed against a chimney or in the joists thereof.

   (D)   Flashing connections. Flashing connections between roofs and chimneys shall be made with cap and base flashings of sheet metal or other approved material.

   (E)   Height. The chimney shall be built at least two feet above the highest point of the roof.

   (F)   Use. All flame type heating devices or appliances used for space heating shall be safely connected with a chimney and shall be subject to the approval of the Code Administrator.

(1990 Code, § 8.17)

   (A)   Connections. Every smoke pipe shall connect with a flue by means of a tight joint, and not more than one smoke pipe shall be connected to a single flue.

   (B)   Passage through combustible construction. No smoke pipe shall pass through a ceiling, floor or roof construction of combustible material.

(1990 Code, § 8.18)

   Firestopping shall be supplied and so arranged as to cut off all concealed draft openings and form an effectual fire barrier between stories and between the upper story and the roof space and shall be subject to inspection by the Code Administrator before being concealed.

(1990 Code, § 8.19)

   Each dwelling shall be provided with at least two doors giving direct access to the yard surrounding the dwelling, one of which shall be located in the front half and the other in the rear half of the building.

(1990 Code, § 8.20)

   For the purpose of this subchapter, the city shall be deemed to be divided into zoning districts, which districts shall coincide with the districts designated in the Zoning Code, and the floor area and height requirements of that document shall prevail.

(1990 Code, § 8.21)

   The installation of all electrical work, including equipment, shall in every case be done in a safe and workmanlike manner. The regulations of the National Electrical Code, most recent edition, shall be considered as good standard practice by the Building Inspector. Installation shall comply with the requirements of the electric utility company serving the area and shall be approved by such company or some other qualified electrician.

(1990 Code, § 8.22)

   (A)   The installation of all interior plumbing work shall comply with Articles I to IX inclusive of the Michigan State Plumbing Code, being M.C.L.A. §§ 125.1502a et seq. and R 408.30701 et seq. of the Michigan Administrative Code.

   (B)   The total glass area of required windows in any habitable rooms shall be not less than one-tenth of the floor area of the room.

(1990 Code, § 8.23)

   (A)   Nothing in this subchapter shall prevent the reconstruction, repair or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, act of God, or acts of a public enemy, subsequent to the effective date of this code; provided, however, that the cost thereof does not exceed 60% of the fair valuation of such building as determined by the Board of Review or the City Assessor, and provided further that there is no change in the size of the building.

   (B)   Nor shall anything in this subchapter require any change in the plans, construction or intended use of a building for which plans have been prepared heretofore and the construction of which shall have been diligently prosecuted within one month of the date of passage of this code and which has been completed within 12 months after the date of passage of this code.

(1990 Code, § 8.24)

   (A)   It shall be unlawful to construct, enlarge, alter, remove or demolish a building, or to install or alter any equipment for which provision is made or the installation of which is regulated by this subchapter, without first filing an application with the Code Administrator in writing and obtaining a permit therefor; except that ordinary repairs which do not involve any violation of this subchapter shall be exempt from this provision.

   (B)   Ordinary repairs to buildings may be made without application or notice to the Code Administrator, but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.

(1990 Code, § 8.27) Penalty, see § 150.999

   If a conflict of restrictions occurs between this subchapter and the Zoning Code, the more restrictive provision will take precedence.

(1990 Code, § 8.25)

   Pursuant to the provisions of Section 8b(7) of the State Construction Code Act of 1972, as amended, the city hereby transfers responsibility for the administration and enforcement of its building, plumbing, mechanical, and electrical code provisions to the County of Clinton.

(Am. Ord. 589, passed 6-28-2010)

   Before receiving a building permit, the owner or his agent shall pay such fees as are specified by resolution of the City Commission. In applying the provisions of this code in respect to new work, existing buildings, alterations and repairs, the physical value of the work shall be determined by the Code Administrator on the basis of current costs.

(1990 Code, § 8.28)

   (A)   As work progresses under a building permit, the holder thereof shall cause the Code Administrator to be notified when an inspection is necessary as outlined in this subchapter, namely the following.

      (1)   Site inspection. After structure is staked on property but before excavation is started.

      (2)   Footing inspection. Upon completion of the rough frame of the structure, including the application of roof shingles and sidewall sheathing and the installation of rough plumbing and chimneys and before the lath is applied.

      (3)   Framing inspection. Upon completion of the rough frame of the structure, including the application of roof shingles and sidewall sheathing and the installation of rough plumbing and chimneys and before the lath is applied.

      (4)   Final inspection. Upon total completion of the work authorized by the building permit and before occupancy.

   (B)   Should the permit holder fail to comply with the requirements at any stage of construction, the Code Administrator or his deputy is empowered to cancel the building permit issued and shall cause notice of such cancellation to be securely posted upon said construction, and such posting shall be considered as service upon and notice to the permit holder of cancellation thereof. No further work shall be undertaken or permitted upon such construction until a valid building permit shall thereafter have been issued.

   (C)   Prior to occupying a dwelling, a final inspection must be made. Occupying a dwelling before the final inspection is a violation of the Zoning Code.

(1990 Code, § 8.29)

   (A)   The Zoning Board of Appeals, established under the Zoning Code, shall constitute the Board of Appeals upon all questions arising under this subchapter and may fix rules and regulations to govern the procedure to be followed before the Board shall hear and decide appeals from any order, requirement, decision, or determination made by the Building Inspector. The Board shall also hear and decide all matters referred to it or upon which they are required to pass hereunder. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which they are required to pass under this subchapter.

   (B)   Appeals may be made by any person aggrieved. Such appeals shall be taken within ten days from the date of the order of the Building Inspector by filing with the City Clerk a notice of appeal specifying the grounds for appeal. The City Clerk shall immediately notify the Building Inspector and the Board of Appeals of such appeal, and the Building Inspector shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

   (C)   An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Appeals after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Board of Appeals or by the Circuit Court upon application upon notice to the Building Inspector from whom the appeal is taken and on due cause shown.

   (D)   The Board of Appeals shall set a date for hearing such appeal not less than five nor more than 15 days from the date such appeal is filed and give notice thereof to the parties and decide the same within five days from the date of hearing.

   (E)   Any party may appear in person, by agent, or by attorney and the Board of Appeals may reverse, affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector from whom the appeal was taken. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this subchapter, the Board of Appeals shall have the power in passing upon appeals to interpret any of its rules, regulations, or provisions relating to the construction, structural changes in equipment or alteration of buildings so that the spirit of the subchapter shall be observed, public safety secured, and substantial justice done. The decision of such Board shall be final so far as it involves discretion or the finding of fact.

(1990 Code, § 8.30)

   Any person erecting, using, moving, demolishing, occupying or maintaining any building or structure in violation of this Building Code or causing, permitting or suffering any such violation to be committed shall be punished as provided in § 10.99. Any building or structure erected, used, moved, demolished, occupied or maintained in violation of this subchapter is declared to be a nuisance per se. Upon application to any court of competent jurisdiction, the court may order the nuisance abated and/or the violation, or threatened violation, restrained and enjoined.

(1990 Code, § 8.31)

   (A)   Pursuant to the State Construction Code, Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended by Public Act 245 of 1999, the city does assume the responsibility for the administration and enforcement of the State Construction Code and the State Building Code promulgated thereunder, being R 408.30401 to 408.30499 of the Michigan Administrative Code, and any amendments that may in the future be made thereto.

   (B)   The Building Official of the city is designated as the enforcement officer to discharge the responsibilities of the city under the provisions of the State Construction Code above cited throughout its corporate limits.

(1990 Code, § 8.32) (Ord. 368, passed 1-12-1987; Am. Ord. 382, passed 10-10-1988; Am. Ord. 482, passed 2-28-2000; Am. Ord. 501, passed 8-27-2001)

   Consistent with the provisions of the State Construction Code Act, Act No. 230 of the Public Acts of 1972, as amended, the city hereby adopts the 2000 Edition of the Michigan Building Code and the 2000 Edition of the Michigan Residential Code, as amended from time to time, as the Building Code for the city, except such portions as are hereinafter deleted, modified or amended, to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings; fix responsibilities and duties of owners and occupants; authorize the inspection of buildings or premises and the issuance of orders to repair or demolish buildings declared to be substandard; providing penalties for violations thereof; and the regulations, provisions, penalties, conditions and terms of the code on file in the office of the City Clerk are referred to, adopted and made a part hereof as if fully set out in this subchapter.

(1990 Code, § 6.1) (Ord. 535, passed 1-24-2005)

   All references in the code to other jurisdictions are deleted and references shall be construed to pertain to the State of Michigan or to the City of St. Johns as the case may be.

(1990 Code, § 6.2)

   All references in the code to the municipality shall be deemed to refer to the City of St. Johns. Administration of the code shall be under the direction of the City Manager, who shall have and exercise all of the authority provided in the code for the administrative agency.

(1990 Code, § 6.4)

   Any statute of the State of Michigan or any provision of the city code which imposes a higher standard of construction or performance than that set forth in the code herein adopted shall be deemed to supersede the code, and the higher standard of performance or construction shall apply in the same manner as if adopted in this subchapter.

(1990 Code, § 6.5)

   The City Clerk shall maintain at all times an ample supply of copies of the code and shall distribute the copies to any person upon request.

(1990 Code, § 6.6)

   It is unlawful for any owner or agent thereof to keep or maintain any dwelling or part thereof which is a dangerous building as defined in § 150.061 within the City of St. Johns (hereinafter “city”).

(Ord. 549, passed 5-8-2006) Penalty, see § 150.065

   (A)   A door, aisle, passageway, stairway, or other means of exit does not conform to the approved fire code of the city in which the building or structure is located.

   (B)   A portion of the building or structure is damaged by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the damage and does not meet the minimum requirements of this section or a building code of the city in which the building or structure is located for a new building or structure, purpose, or location.

   (C)   A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property.

   (D)   A portion of the building or structure has settled to an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by this subchapter or a building code of the city in which the building or structure is located.

   (E)   The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.

   (F)   The building, structure, or a part of the building or structure is manifestly unsafe for the purpose for which it is used.

   (G)   The building or structure is damaged by fire, wind, or flood, is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.

   (H)   A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or for other reason, is unsanitary or unfit for human habitation, is in a condition that the health officer determines is likely to cause sickness or disease, or is likely to injure the health, safety, or general welfare of people living in the dwelling.

   (I)   A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

   (J)   A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease, or rent with a real estate broker licensed under Article 25 of the Occupational Code, Public Act 299 of 1980, being M.C.L.A. §§ 339.2401 to 339.2518. For purposes of this division, "building or structure" includes, but is not limited to, a commercial building or structure. This division does not apply to either of the following:

      (1)   A building or structure if the owner or agent does both of the following:

         (a)   Notifies a local law enforcement agency in whose jurisdiction the building or structure is located that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the local law enforcement agency by the owner or agent not more than 30 days after the building or structure becomes unoccupied.

         (b)   Maintains the exterior of the building or structure and adjoining grounds in accordance with this section or a building code of the city in which the building or structure is located.

(Ord. 549, passed 5-8-2006)

    (A)   Notwithstanding any other provision of this chapter, if a building or structure is found to be a dangerous building, the enforcing agency shall issue a notice that the building or structure is a dangerous building.

   (B)   The notice shall be served on the owner, agent, or lessee that is registered with or otherwise known by the enforcing agency. If an owner, agent, or lessee is not known, the notice shall be served on each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records.

   (C)   The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building. The person to whom the notice is directed shall have the opportunity to show cause at the hearing why the hearing officer should not order the building or structure to be demolished, otherwise made safe, or properly maintained.

   (D)   The hearing officer shall be appointed by the Mayor to serve at his or her pleasure. The hearing officer shall be a person who has expertise in housing matters including, but not limited to, an engineer, architect, building contractor, building inspector, or member of a community housing organization. An employee of the enforcing agency shall not be appointed as hearing officer. The enforcing agency shall file a copy of the notice that the building or structure is a dangerous building with the hearing officer.

   (E)   The notice shall be in writing and shall be served upon the person to whom the notice is directed either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served on a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice shall be served upon the owner or party in interest at least ten days before the date of the hearing included in the notice.

(Ord. 549, passed 5-8-2006)

   (A)   At a hearing prescribed herein, the hearing officer shall take testimony of the enforcing agency, the owner of the property, and any interested party. Not more than five days after completion of the hearing, the hearing officer shall render a decision either closing the proceedings or ordering the building or structure demolished, otherwise made safe, or properly maintained.

   (B)   If the hearing officer determines that the building or structure should be demolished, otherwise made safe, or properly maintained, the hearing officer shall enter an order that specifies what action the owner, agent, or lessee shall take and set a date by which the owner, agent, or lessee shall comply with the order. If the building is a dangerous building as set forth in § 150.061(J), the order may require the owner or agent to maintain the exterior of the building and adjoining grounds owned by the owner of the building including, but not limited to, the maintenance of lawns, trees, and shrubs.

   (C)   If the owner, agent, or lessee fails to appear or neglects or refuses to comply with the order issued under division (B) of this section, the hearing officer shall file a report of the findings and a copy of the order with the legislative body of the city not more than five days after the date for compliance set in the order and request that necessary action be taken to enforce the order. If the legislative body of the city has established a Board of Appeals as set forth in § 150.066, the hearing officer shall file the report of the findings and a copy of the order with the Board of Appeals and request that necessary action be taken to enforce the order. A copy of the findings and order of the hearing officer shall be served on the owner, agent, or lessee in the manner prescribed in § 150.062.

   (D)   The legislative body or the Board of Appeals, as applicable, shall set a date not less than 30 days after the hearing prescribed in §§ 150.062 and 150.063 for a hearing on the findings and order of the hearing officer. The legislative body or the Board of Appeals shall give notice to the owner, agent, or lessee in the manner prescribed in § 150.062 of the time and place of the hearing. At the hearing, the owner, agent, or lessee shall be given the opportunity to show cause why the order should not be enforced. The legislative body or the Board of Appeals shall approve, disapprove, or modify the order. If the legislative body or Board of Appeals approves or modifies the order, the legislative body shall take all necessary action to enforce the order. If the order is approved or modified, the owner, agent, or lessee shall comply with the order within 60 days after the date of the hearing under this division. For an order of demolition, if the legislative body or the Board of Appeals determines that the building or structure has been substantially destroyed by fire, wind, flood, deterioration, neglect, abandonment, vandalism, or other cause, and the cost of repair of the building or structure will be greater than the state equalized value of the building or structure, the owner, agent, or lessee shall comply with the order of demolition within 21 days after the date of the hearing under this division. If the estimated cost of repair exceeds the state equalized value of the building or structure to be repaired, a rebuttable presumption that the building or structure requires immediate demolition exists.

   (E)   The cost of demolition includes, but is not limited to, fees paid to hearing officers, costs of title searches or commitments used to determine the parties in interest, recording fees for notices and liens filed with the County Register of Deeds, demolition and dumping charges, court reporter attendance fees, and costs of the collection of the charges authorized under this subchapter. The cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure incurred by the city to bring the property into conformance with this section shall be reimbursed to the city by the owner or party in interest in whose name the property appears.

   (F)   The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified by the assessor of the amount of the cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure by first class mail at the address shown on the records. If the owner or party in interest fails to pay the cost within 30 days after mailing by the assessor of the notice of the amount of the cost, the city shall have a lien for the cost incurred by the city to bring the property into conformance with this chapter. The lien shall not take effect until notice of the lien has been filed or recorded as provided by law. A lien provided for in this division does not have priority over previously filed or recorded liens and encumbrances. The lien for the cost shall be collected and treated in the same manner as provided for property tax liens under the General Property Tax Act, Public Act 206 of 1893, being M.C.L.A. §§ 211.1 to 211.157.

   (G)   In addition to other remedies under this section, the city may bring an action against the owner of the building or structure for the full cost of the demolition, of making the building safe, or of maintaining the exterior of the building or structure or grounds adjoining the building or structure. The city shall have a lien on the property for the amount of a judgment obtained under this division. The lien provided for in this division shall not take effect until notice of the lien is filed or recorded as provided by law. The lien does not have priority over prior filed or recorded liens and encumbrances.

(Ord. 549, passed 5-8-2006)

   (A)    A judgment in an action brought pursuant to § 150.063(G) may be enforced against assets of the owner other than the building or structure.

   (B)    The city shall have a lien for the amount of a judgment obtained pursuant to § 150.063(G) against the owner's interest in all real property located in this state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this section does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances.

(Ord. 549, passed 5-8-2006)

   A person who fails or refuses to comply with an order approved or modified by the legislative body or Board of Appeals within the time prescribed by this ordinance is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500, or both.

(Ord. 549, passed 5-8-2006)

   (A)    The legislative body of a city may establish a Board of Appeals to hear all of the cases and carry out all of the duties of the legislative body described herein.

   (B)    The Board of Appeals shall be appointed by the legislative body of the city and shall consist of the following members:

      (1)   A building contractor.

      (2)   A registered architect or engineer.

      (3)   Two members of the general public.

      (4)   An individual registered as a building official, plan reviewer, or inspector under the Building Officials and Inspectors Registration Act, Act No. 54 of the Public Acts of 1986, being M.C.L.A. §§ 338.2301 to 338.2313. The individual may be an employee of the enforcing agency.

   (C)   Board of Appeals members shall be appointed for three years, except that of the members first appointed, two members shall serve for one year, two members shall serve for two years, and one member shall serve for three years. A vacancy created other than by expiration of a term shall be filled for the balance of the unexpired term in the same manner as the original appointment. A member may be reappointed for additional terms.

   (D)   The Board of Appeals annually shall elect a Chairperson, Vice-Chairperson, and other officers that the Board considers necessary.

   (E)   A majority of the Board of Appeals members appointed and serving constitutes a quorum. Final action of the Board of Appeals shall be only by affirmative vote of a majority of the Board members appointed and serving.

   (F)   The legislative body of the city shall fix the amount of any per diem compensation provided to the members of the Board of Appeals. Expenses of the Board of Appeals incurred in the performance of official duties may be reimbursed as provided by law for employees of the legislative body of the city.

   (G)   A meeting of the Board of Appeals shall be held pursuant to the Open Meetings Act, Act No. 267 of the Public Acts of 1976, being M.C.L.A. §§ 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.

   (H)   A writing prepared, owned, used, in the possession of, or retained by the Board of Appeals in the performance of an official function shall be made available to the public pursuant to the Freedom of Information Act, Act No. 442 of the Public Acts of 1976, being M.C.L.A. §§ 15.231 to 15.246.

(Ord. 549, passed 5-8-2006)

   An owner aggrieved by a final decision or order of the legislative body or the Board of Appeals as established herein may appeal the decision or order to the Circuit Court by filing a petition for an order of superintending control within 20 days from the date of the decision.

(Ord. 549, passed 5-8-2006)

   No officer, agent, or employee of the city shall render himself 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 duties under this subchapter. Any suit brought against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this subchapter shall be defended by the City Attorney until the final determination of the proceedings therein at the expense of the city.

(1990 Code, § 6.199)

   No person, firm, or organization shall fill any lot or parcel of land located within the city without first obtaining a permit from the Superintendent of the Department of Public Works, except in conjunction with the construction of a building.

(1990 Code, § 8.101) (Ord. 369, passed 1-12-1987)

   (A)   Any applicant to fill a lot or parcel within the city limits shall file a written application in accordance with a form as provided by the Superintendent of the Department of Public Works.

   (B)   The permit shall specify:

      (1)   The name and address of the owner of the lot or parcel in question;

      (2)   The location of the fill to be added to the lot or parcel;

      (3)   The name and address of the person, firm, or organization depositing the fill;

      (4)   The type of material to be used as fill;

      (5)   A survey outline plan applicable to the lot or parcel in question.

(1990 Code, § 8.102) (Ord. 369, passed 1-12-1987)

   The applicant shall submit two copies of an outline survey plan of the area to be filled, prepared by a qualified land surveyor or civil engineer, which will be sufficient to accurately locate the area of operation and to allow the determination of adherence to grades, contours, proximity and effect on abutting property owners and to establish and control drainage requirements.

(1990 Code, § 8.103) (Ord. 369, passed 1-12-1987)

   All fill material shall be free from lumps, stones, cement, metal, and any noxious material and shall be consistent with the type of soil involved and already existent in the lot or parcel. No broken pavement, cement, stones, roots, or other debris shall be permissible in the fill material. The fill material shall be within city specifications as provided in the permit and as specified by the Superintendent of the Department of Public Works.

(1990 Code, § 8.104) (Ord. 369, passed 1-12-1987)

   (A)   Anyone allowing or proceeding with the installation of fill material without first obtaining a proper permit as set forth herein, or anyone proceeding with fill materials not satisfying the specifications of the Superintendent of the Department of Public Works, shall be caused to remove the same at their expense.

   (B)   If the owners fail to abate and rectify the installation of fill materials not meeting city specifications, or fail to rectify the installation of fill materials without first obtaining a permit as provided herein, after due notice, they and each of them shall be subject to the penalty provisions of § 10.99.

(1990 Code, § 8.105) (Ord. 369, passed 1-12-1987)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMPOSTING. The process of converting raw organic material to humus.

   FOOD WASTE. Any food product or food by-product wastes from the household.

   HOUSEHOLD REFUSE. Any regular waste produced from the household not considered a food product, including containers, plastics, paper products and the like.

   REAR/SIDE LOT LINES, FRONT YARD. As defined in the Zoning Code.

   TRASH. A putrescible animal or vegetable waste resulting from handling, preparation, cooking, and consumption of food.

   YARD WASTE. Any regular wastes produced from landscaping activities, including lawn trimmings, leaves, brush (less than 1½” diameter), dead floral buds and the like.

(Ord. 401, passed 6-22-1992)

   (A)   A compost facility shall be allowed only in the rear yard areas behind the dwelling houses.

   (B)   No compost facility shall be closer than ten feet from any rear lot lines of the land upon which the facility is situated. In no event shall a compost facility be closer than ten feet from any house, garage, building, or residence, whether on the land housing the compost facility or on adjacent lands.

   (C)   The compost facility shall be constructed of wood, fencing, wooden barrels or steel barrels. The size of the compost facility shall not exceed four feet by six feet. The height shall not exceed four feet as measured from the terrain.

   (D)   The compost facility must be operated as a compost pile, including turned and lime or other chemicals applied as needed.

   (E)   The compost facility will be deemed unsanitary and a hazard to the health, safety, and general welfare of the public if any of the following defects are in existence or identified:

      (1)   If the compost facility is the source of noxious odors to any adjacent homes or residences;

      (2)   If there is any evidence of the presence or breeding of vermin; or

      (3)   If there is any evidence of household refuse, trash, or food waste in the facility.

(Ord. 401, passed 6-22-1992)

   All compost facilities located in the city shall be subject to the inspection by an official of the city, and the inspector may collect such samples for laboratory examination as he deems necessary for the enforcement of these regulations.

(Ord. 401, passed 6-22-1992)

   Any charges for clean up of improper compost facilities, pursuant to the provisions set forth herein, incurred by the city in correcting any violation of this subchapter shall be a lien upon the premises. The Treasurer shall thereafter immediately enter the amount of the charges upon the next tax roll, which charges shall then be levied against the premises to which the service has been rendered, and the charges shall be collected and dealt with in the same manner as is provided in respect to real property taxes.

(Ord. 401, passed 6-22-1992)

   This subchapter shall be known and cited as the “City of St. Johns Communication Tower Ordinance.”

(Ord. 455, passed 7-14-1997)

   For the purpose of this subchapter, COMMUNICATION TOWER means a radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or to another structure, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals.

(Ord. 455, passed 7-14-1997)

   The following site and developmental requirements shall apply:

   (A)   A minimum site of .75 acres and 125 feet of road frontage;

   (B)   The use of guy wires is strictly prohibited within residential districts;

   (C)   The base of the tower and wire cable supports shall be fenced with a minimum five foot high fence.

(Ord. 455, passed 7-14-1997)

   (A)   The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the City Engineer that the structural integrity of the tower will withstand high winds and impacts and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with a city engineering review.

   (B)   Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet. Nothing shall prevent an applicant from applying to the Zoning Board of Appeals for a setback variance.

   (C)   Accessory structures shall not exceed 600 square feet of gross building area.

   (D)   All bufferyard requirements within the Zoning Code shall be met.

   (E)   All towers shall be equipped with an anti-climbing device to prevent unauthorized access.

   (F)   The plans of the tower construction shall be certified by an engineer licensed to practice in the State of Michigan.

   (G)   The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by an engineer licensed to practice in the State of Michigan and that the installation is in compliance with all applicable codes.

   (H)   All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

   (I)   Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two mile radius of a public airport or one-half mile radius of a helipad.

   (J)   No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line. Nothing shall prevent an applicant from applying to the Zoning Board of Appeals for a setback variance.

   (K)   Metal towers shall be constructed of, or treated with, corrosive-resistant material.

   (L)   Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

   (M)   Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the Building Code.

   (N)   All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure or between towers shall be at least eight feet above the ground at all points, unless buried underground.

   (O)   Towers shall be located so that they do not interfere with any reception in nearby residential areas.

   (P)   Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.

   (Q)   The base of the tower shall occupy no more than 500 square feet.

   (R)   Minimum spacing between tower locations shall be one mile in order to prevent a concentration of towers in one area.

   (S)   Height of the tower shall not exceed 175 feet from grade within a residential district, 200 feet from grade within a business district, and 300 feet from grade within a manufacturing district.

   (T)   Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

   (U)   Existing on-site vegetation shall be preserved to the maximum extent practicable.

   (V)   There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

   (W)   The antenna shall be painted to match the exterior treatment of the tower. The chosen paint scheme shall be designed to minimize off-site visibility of the antenna.

   (X)   Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard or the special use approval will be subject to revocation by the City Commission. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

   (Y)   There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

   (Z)   All parking and drive areas must be paved as provided in the city’s ordinances.

   (AA)    Where the property adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on 20 foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than ten feet to any structure.

   (BB)   The tower shall be removed by the property owner or lessee within six months of being abandoned.

(Ord. 455, passed 7-14-1997)

   (A)   This code shall be known and may be cited as the “City of St. Johns Property Maintenance Ordinance.”

   (B)   In the interest of improving the quality of life for the residents of the City of St. Johns; to promote and protect the public health, safety and welfare of the community.

   (C)   In light of these stated purposes, the City Commission directs that the property maintenance code be applied and enforced in a manner which emphasizes code compliance through remediation and rehabilitation of properties to the extent practicable. City officers charged with the responsibility of code enforcement shall make all reasonable efforts to work with property owner(s) to cure and remediate perceived violations of this code.

   (D)   The regulations apply to existing residential and non-residential structures and include:

      (1)   Minimum maintenance standards; recognizing if structures exist in a condition of disrepair and/or with an accumulation of refuse/rubbish for extended periods of time, such conditions would cause a public nuisance.

      (2)   Responsibilities of owners, operators, and occupants of all structures.

      (3)   Administration, enforcement and fines.

(Ord. 508, passed 5-28-2002; Am. Ord. 522, passed 6-9-2003)

   (A)   All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from accumulation of rubbish, animal waste, leaves, brush, other dead vegetation, and refuse, except when assembled regularly for removal for transport to a proper receptacle.

   (B)   Every exterior wall, window, trim, decorative feature, and the like shall be free of holes, breaks, loose or rotting boards or timbers.

   (C)   All premises shall be graded and maintained to prevent erosion of soil and the accumulation of stagnant water thereon.

   (D)   Pipes, ducts, conductors, fans or blowers shall be properly vented and not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

   (E)   All structural members shall be capable of safely supporting the imposed dead and live loads.

   (F)   The roof and flashing shall be sound, tight and not have defects that admits precipitation. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a matter that creates a public nuisance.

   (G)   All canopies, marquees, signs, awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored.

   (H)   Every stairway, deck, porch, balcony, ramp or other walking surface, handrail or guard, shall be maintained, with proper anchorage and capable of supporting the imposed loads.

   (I)   Every window and door shall be kept in good repair and weather tight.

   (J)   All chimneys, cooling towers, smoke stacks, and other appurtances shall be maintained in good repair and be properly anchored.

   (K)   All accessory structures; including, but not limited to, detached garages and sheds, fences and walls, shall be maintained in good repair.

   (L)   All walkways, sidewalks, stairs, driveways, approaches, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

   (M)   For street side collection, trash cans/bags cannot be placed out sooner than the night before pickup. Openly stored refuse must be placed in a proper receptacle with a tight fitting lid. Blowing trash and scattered debris must be picked up.

   (N)   Indoor furniture and plumbing fixtures may not be openly stored. Not limited to, but including couches, chairs, appliances, toilets and bathtubs. Inoperable equipment shall not be openly stored.

   (O)    Exterior surfaces shall not be used regularly for laundry drying/storage.

   (P)   Exterior exposed surfaces shall be maintained and protected from the elements, decay, and rust with proper surface treatment. The exterior surface treatment shall not be over approximately 50% deteriorated.

   (Q)   The interior/exterior boarding up of windows/doors shall be on a temporary basis only. For doors/windows that have been permanently removed (permissible by code), the opening shall be covered flush with the exterior wall with compatible exterior surface treatment.

(Ord. 508, passed 5-28-2002; Am. Ord. 522, passed 6-9-2003)

   (A)   Complaints.

      (1)   Complaints of violation of any provision of this subchapter conveyed to the City of St. Johns shall be recorded in written form in a central log book as to date and time of the complaint, the name of the property owner/responsible party (if known) and the address where the alleged violation is sited. Unless the complainant requests anonymity, complainant’s name will also be recorded. A complainant’s name will not be divulged, even when known, unless expressly requested by the property owner/responsible party.

      (2)   Once a complaint has been lodged with the city, the Enforcement Officer, or his or her designee, will take whatever action is necessary to determine if there has been a violation of this subchapter. If the Enforcement Officer reasonably believes a violation of this subchapter has occurred, the following procedure is initiated:

         (a)   Notification Letter: Initial notification of the violation shall be in letter form from the City Enforcement Officer, describing the nature of the violation. The property owner/responsible party will be instructed to make contact with the City Enforcement Officer within 10 business days of receipt of the letter. Once contact is made between the property owner/responsible party and the city, discussion will follow regarding the remedial steps the city expects to be taken to cure the violation, the timeline for correction of the violation, and any assistance that may be available for remediation. (The City of St. Johns has compiled a list of service organizations that have volunteered to provide an individual property owner assistance with respect to compliance with this ordinance. Each organization establishes its own criteria for qualifying for such assistance.)

         (b)   Administrative review option:

            1.   If the property owner/responsible party wishes to contest the violation, or wishes to present information in mitigation of the violation, the individual can request the matter be heard by the Citizens Review Panel. See subsection 2, below.

            2.   A property owner/responsible party will also have the right to a hearing in the District Court. This right is separate from and cumulative to the right to appear before the Citizens Review Panel. This judicial forum is available only after a Civil Infraction Citation has issued. See subsection (d), below.

         (c)   Failure to Comply: Failure to 1) respond to the initial Notification Letter (subsection (A)(2)(a) above) and comply with the directive of the Enforcement Officer or 2) comply with the recommendations of the Citizens Review Panel (subsection (A)(2)(b) above) will cause a Municipal Civil Infraction Notice to be issued per Ordinance #499. This notice will direct the property owner/responsible party to appear at the Municipal Violations Bureau and pay the fine per the schedule established in the Municipal Civil Infraction Ordinance.

         (d)   Civil Infraction Citation: Failure to 1) request a Citizens Review Panel hearing or (2) pay the Municipal civil infraction fine specified in the Civil Infraction Notice within 10 business days will result in the issuance of a Municipal Civil Infraction Citation. This Citation will provide the property owner/responsible party a time period within which to appear in court.

   (B)   Citizens Review Panel and procedure.

      (1)   The Citizens Review Panel will be comprised of 4 residents, separately drawn from the 4 geographic quadrants of the city as delineated by State Street and Clinton Ave. The panel will also have 1 City Commissioner as a member. The members will be appointed by the Mayor, and will serve staggered terms of 2 years.

         (a)   Procedure. A hearing will be scheduled before the panel upon request as soon as is practicable. At the hearing the city will have the burden of proving that a violation has occurred. The alleged violator will be given full opportunity to present information to the panel for purposes of contesting the violation. Alternatively, the alleged violator can admit the violation and present information or evidence in mitigation of the offense. This information can be presented directly, through witnesses or by documentary or other tangible evidence. The panel reserves the right to limit testimony or the presentation of information if it is cumulative, irrelevant, or of marginal probative value.

         (b)   Determination. After hearing the matter, the members sitting in review of the alleged violation shall make a finding as to whether a violation of the code has in fact occurred. If a finding of “no violation” is made, the notice of violation will be dismissed. If a finding of “violation” is made, the members sitting in review shall provide the property owner/responsible party with an opportunity to correct the violation as a means of avoiding the penalty provisions of City Ordinance No. 500. Failure by the property owner/responsible party to correct the violation within the timeframe indicated by the Citizens Review Panel will result in the issuance of a Civil Infraction Notice.

        (2)   Requesting administrative review, as outlined above, does not preclude a property owner from seeking subsequent judicial review.

(Ord. 508, passed 5-28-2002; Am. Ord. 522, passed 6-9-2003)

(Ord. 599, passed 6-13-2011)

   (A)   Any violation of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99 of this code.

   (B)   Any person who fails to comply with §§ 150.095 et seq. shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding the sum of $500, or by imprisonment in the county jail not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over this matter. Each day’s violation shall constitute a separate and distinct violation.

   (C)   Punishment for the violation of §§ 150.110 et seq. shall not exceed a fine of $500 or imprisonment for 90 days, or both, in the discretion of the court.