Sturgis City Zoning Code

All non-specified civil infractions of chapter 14 will result in the following fine schedule:

First offense .....$250.00

Second offense .....350.00

Third offense .....500.00

(Ord. of 8-28-2019(1)

(a)

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

Private and semi-private mean that it is not open to the public, that it is not publicly owned, or not otherwise regulated by the state, either by statute or by rules or regulations of one of its administrative bodies.

Swimming pool means any artificially constructed outdoor area or enclosure, whether above or below ground level, capable of being filled with water to a depth of two feet or more at any point and used for swimming or bathing.

(b)

The provisions of this article shall apply to all private or semiprivate pools as defined in subsection (a) of this section which are located within the city or which are connected to the city sewer or water systems.

(Code 1969, § 95.01)

Cross reference— Definitions generally, § 1-2.

Unless provided otherwise by law or in this article, violations of this article are a municipal civil infraction.

(Ord. of 7-25-2001(2), § 4.09)

The health department and city inspectors shall have the right at any reasonable hour to inspect any swimming pool for the purposes of determining that all provisions of this article are fulfilled and complied with.

(Code 1969, § 95.05)

In order to assure the safety of the general public, all pools shall be fenced or access to all pools shall be controlled by the owner in a manner approved in writing by the city manager, who shall take into account in making his determination the depth, size and type of the pool, the manner of construction thereof, the means of access thereto, and the location and nature of adjoining structures, fixtures and natural conditions. A chainlink or other suitable fence of four feet or more in height which encloses the entire perimeter of the pool shall be deemed to comply with this section.

(Code 1969, § 95.03(I))

The drain line for the pool may be connected to the city sewer system if the following provisions are complied with:

(1)

Pool drain shall be connected to the storm sewer if one is available.

(2)

Where a storm sewer is not available, the pool drain may be connected to a sanitary sewer subject to the approval of the city engineer or his duly authorized representative.

(Code 1969, § 95.03)

The International Property Maintenance Code, 2009 Edition, and any subsequent edition of the International Property Maintenance Code referenced in the Michigan Building Code, is hereby adopted by reference and made a part of this article as if fully set forth in this section. The modifications adopted by the city shall be incorporated by reference in the applicable sections of any subsequent edition of the International Property Maintenance Code referenced in the Michigan Building Code that modifies the numbering of those sections.

(Code 1969, § 153.01; Ord. of 12-12-2012)

Whenever the words "city," "jurisdiction" or "governmental unit" are used in the International Property Maintenance Code, as herein adopted and amended, they shall mean the City of Sturgis. Whenever the word "state" is used in the International Property Maintenance Code, as adopted and amended in this article, it shall mean the State of Michigan.

(Code 1969, § 153.02)

Cross reference— Definitions generally, § 1-2.

The following sections of the International Property Maintenance Code are amended as follows:

(1)

Section 101.1 shall be amended to state in its entirety as follows:

101.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Sturgis, may be cited as such and will be referenced to herein as "the Property Maintenance Code of the City of Sturgis, or, alternately, as the code."

(2)

Section 101.3 shall be amended to state in its entirety as follows:

101.3 Intent: This code shall be construed to secure its expressed intent, which is to insure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. The code official should exercise reasonable discretion in granting modifications to this code as provided for under Section 105.1.

(3)

105.1 shall be amended to state in its entirety as follows:

105.1 Modifications: Where there are practical difficulties involved in carrying out structural or mechanical provisions of this code, the code official shall have the right to vary or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare is assured.

The code official shall have the power, with the consent of both the city manager and the building official, to modify any of the provisions of the Property Maintenance Code on application in writing by the owner or the owner's representative when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed and any such modification does not pose an unreasonable threat to the health, safety or welfare of an occupant of the property. The particulars of such modification, when granted or allowed, and the decision of the code official thereon, together with the consent in writing thereto of the city manager and the building official, shall be kept within the records of the city and a signed copy shall be furnished to the applicant. Any refusal of a request for modification hereunder may be appealed by the applicant as provided for under this code.

The application for modification and the final decision of the code official shall be in writing and shall be officially recorded in the permanent records of the department.

(4)

Section 106.4 shall be amended to state in its entirety as follows:

106.4 Penalty.

(A)

Violations of this code are, in the discretion of the code official based upon the severity of the violation, a municipal civil infraction or a misdemeanor.

(B)

Notwithstanding any fine or imprisonment provision set forth in this section, nothing herein shall preclude the city from posting any premises as "unfit for human habitation" and/or instituting condemnation proceedings against such property and the owner thereof.

(5)

Section 109.7 shall be added in its entirety as follows:

109.7 Housing of Tenants in an Emergency Situation:

When an imminently hazardous situation involving inadequate heat in the winter, flood, sewage backup, or any situation that requires tenants to vacate the premises exists, the owner or agent is required to provide alternative housing until all necessary repairs are made unless a provision in a written lease, by operation of the law, terminates the tenancy. This subsection does not preclude the tenant from exercising other remedies provided by law or equity.

If necessary, the code official may, in such an emergency situation where the owner or agent cannot be immediately contacted or fails to provide alternative housing, place the tenants in alternative housing and impose a lien upon the rental property for any costs incurred by the City as provided in Sec. 2-302 of the City Ordinances.

(6)

Section 111.2 shall be amended to state in its entirety as follows:

111.2 Membership of the board. The board of appeals will consist of three members:

i)

A representative of the City Commission.

ii)

One at large member appointed by the City Commission who is a landlord in the City of Sturgis.

iii)

One member of the City of Sturgis Construction Board of Appeals.

The code official shall be an ex-officio member shall have no vote on any matter before the board.

111.2.1 Alternate members. The City Commission shall appoint one alternate member to the Property Maintenance Board of Appeals to fill the seat of the at large member of the board during the absence or disqualification of that member. All members of the City of Sturgis Construction Board of Appeals shall serve as alternate members for that seat.

111.2.2 Reserved.

111.2.3 Disqualification of member. A member of the board of appeals shall not hear an appeal in which that member has a personal, professional or financial interest.

111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the boards. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

111.2.5 Compensation of members. Compensation of members shall be determined by law.

(7)

Section 113 shall be added to state in its entirety as follows:

The City's Property Maintenance Program Policy, as approved by the City Commission and amended from time to time, is hereby adopted by reference and made a part of this section as if fully set forth in this section.

(8)

Section 202 shall be amended to add the following:

Rental unit. Any residential premises which is let for occupancy or let, as herein defined or which is non-owner occupied.

Responsible local agent. A person or representative of an individual, a corporation, partnership, firm, joint venture, trust, association, organization or other entity having his, her or its place of residence or business in an area from which the City of Sturgis is accessible by motor vehicle within a period of time not exceeding 30 minutes and designated by the property owner as responsible for operating such property in compliance with all the provisions of the Code adopted by the city. All official notices of the city may be served on the responsible local agent, and any notice so served shall be deemed to have been served upon the owner of record.

(9)

Section 304.14 shall be amended as follows:

304.14 Insect screens. During the period from April 1 to November 1, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition.

Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans are employed.

(10)

Section 308.3.1 shall be amended to state in its entirety as follows:

308.3.1 Rubbish storage facilities: The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. With respect to single-family rental properties the occupant, not the owner, shall supply approved covered containers for rubbish, and the occupant of the premises shall be responsible for the removal of rubbish.

(11)

Section 602.3 and 602.4 shall be amended as follows:

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from September 1 to June 1 to maintain the room temperatures specified in Section 602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees F. (16 degrees C.) during the other hours.

(12)

Section 602.4 shall be amended as follows:

Section 602.4 Nonresidential structures. Every enclosed occupied work space used for mercantile, business or similar purposes shall be supplied with sufficient heat during the period from September 1 to June 1 to maintain a temperature of not less than 65 degrees F. (18 degrees C.) during all working hours.

Exceptions:

1.

Processing, storage and operation areas that require cooling or special temperature conditions.

2.

Areas in which persons are primarily engaged in vigorous physical activities.

(13)

For purposes of the city's property maintenance program a person may demonstrate ownership of a premises by submitting one of the following to the city:

1.

A recorded deed for the premises;

2.

A recorded land contract for the premises; or

3.

A recorded memorandum of land contract and an executed copy of the land contract.

Land contract shall mean a bona fide agreement for the sale of the premises that includes a proper legal description, a sale price, a final payment due date and provision for transfer of the premises by deed upon satisfaction of the land contract by the land contract vendee.

(Code 1969, § 153.03; Ord. of 7-25-2001(2), § 4.09; Ord. of 12-12-2012; Ord. of 3-13-2013; Ord. of 4-27-2016(2); Ord. of 9-26-2018(3))

No city employee or agent, or member of the city commission or board of appeals shall render himself or herself personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence rising out of the discharge of his duties and responsibilities pursuant to this article.

(Code 1969, § 153.05)

(a)

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

Act means the Neighborhood Enterprise Zone Act, Public Act 147 of 1992, as amended.

Certificate means a certificate of compliance with the property maintenance code issued by the city pursuant to the provisions of this article.

New facility means a new structure as defined within the act.

Property maintenance code means the city property maintenance code, as amended from time to time, found in chapter 14, article III, of this code.

Rehabilitated facility means an existing structure or portion of an existing structure as defined within the act.

Zone means an area within the city designated under the act as a neighborhood enterprise zone.

(Ord. of 12-8-2004)

The city shall have the right at any reasonable hour to inspect any unit located within a zone to determine compliance with the provisions of the property maintenance code.

(Ord. of 12-8-2004)

The sale of a unit in a new or rehabilitated facility located within a zone, shall not be finalized until there is compliance with the property maintenance code and the city issues a certificate with respect to the unit.

(Ord. of 12-8-2004)

(a) There is adopted by this city for the purpose of prescribing regulations governing construction of buildings, the code known as the Michigan Building Code 2009 Edition, including Appendix G thereto, and all amendments or supplements thereto, of which code at least one copy has been and is now filed in the office of the clerk-treasurer of this city and the whole thereof, save and except those portions as are hereinafter deleted, modified, or amended by section 14-81 is hereby adopted and incorporated as if set out at length in this section.

(b)

From the date on which the ordinance from which this article is derived shall take effect, the provision of said code shall be controlling within the limits of this city.

(Ord. of 6-8-2011)

The building code adopted in section 14-80 is amended and changed as follows:

Chapter 16, Section 1612.3—Establishment of flood hazard areas is amended to provide as follows:

The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled "Flood Insurance Study: St. Joseph County Michigan (study #26149CV000A)" and dated June 4, 2010 and the Flood Insurance Rate Map 260149C; 0350D (FIRMS) panel number 350 of 375 and dated June 4, 2010 are adopted by reference for the purposes of administration of the Michigan Building Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.

(Ord. of 6-8-2011)

Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Department of the City of Sturgis is hereby designated as the enforcing agency to discharge the responsibility of the City of Sturgis under Act 230, of the Public Acts of 1972, as amended, State of Michigan.

(Ord. of 6-8-2011)