In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 117, Board of Examiners for Wrecking Contractors, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:
117.0 BOARD OF EXAMINERS FOR WRECKING CONTRACTORS
117.1 Established: members; terms; vacancies.
(a) There shall be established a Board of Examiners for Wrecking Contractors consisting of seven members who are appointed by the Mayor to advise the Director of the Buildings, Safety Engineering, and Environmental Department on matters relating to the application, examination, and licensing of wrecking contractors.
(b) The Board of Examiners shall report to and be directly responsible to the Director of the Buildings, Safety Engineering, and Environmental Department.
(c) The appointees shall consist of:
(1) The Chief of the Buildings Division of the Buildings, Safety Engineering, and Environmental Department;
(2) A second employee from the Buildings, Safety Engineering, and Environmental Department Buildings Division;
(3) Two representatives of the public who are resident taxpayers of the City;
(4) One individual who is a registered professional engineer, and
(5) Two individuals who are licensed as wrecking contractors who shall be residents of the City or non-residents who maintain their principal business offices within the City, who are non-voting members.
(d) The two members from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall serve at the pleasure of the Mayor.
(e) Commencing February 15, 2018, the other five Board members not identified in Subsection (d) of this section shall serve staggered three-year terms which, in accordance with Section 2-110 of the 2012 Detroit City Charter, begin on the 15th day of February and end on the final February 14th of the term, provided, that the initial term of two of the members shall be three years, the initial term of two of the members shall be two years, and initial term of one of the members shall be one year.
(1) Any vacancy occurring on the Board of Examiners for Wrecking Contractors for the members delineated in Subsection (e) of this section shall be filled by the Mayor for the remainder of any unexpired term. A member who is appointed to fill a vacancy on the Board shall serve only for the remainder of the term, provided, that such member may be reappointed.
117.2 Promulgation of administrative rules; meetings, quorum; business to be held and conducted at public meetings; notice; public information.
(a) In accordance with Section 2-111 of the 2012 Detroit City Charter, the Board of Examiners for Wrecking Contractors shall promulgate procedural rules for:
(1) The Body’s meetings regarding the application, examination, and licensing of wrecking contractors;
(2) The Body’s hearings regarding the suspension and revocation of Wrecking Contractor Licenses; and
(3) The Body’s hearings regarding the issuance of Wrecking Contractor Licenses that were revoked.
(b) One member from the Buildings, Safety Engineering, and Environmental Department shall be the Chair of the Board of Examiners for Wrecking Contractors and the second member from the Buildings, Safety Engineering, and Environmental Department Buildings Division shall be the Vice-Chair. The Chair shall designate a member of the Buildings, Safety Engineering, and Environmental Department to act as secretary for the Board.
(c) The procedural rules shall provide, among other things, that:
(1) The vice-chair shall act in the absence of the chair;
(2) Three voting members shall be necessary for a quorum and, except where a member has a conflict, with the exception of the two non-voting members, all members shall vote on each voting matter; and
(3) A matter shall not be determined, nor a motion be adopted, except by at least three affirmative votes.
(d) At the direction of the Chief of the Buildings Division, the secretary of the Board of Examiners for Wrecking Contractors shall call a meeting of the Board and shall notify the members thereof in writing in accordance with Subsection (e) of this section. The secretary shall keep a record of all decisions of the Board and, upon request, shall furnish a copy thereof to all interested parties.
(e) The business which the Board of Examiners for Wrecking Contractors may perform shall be conducted at a public meeting that is held in compliance with the Michigan Open Meetings Act, being MCE 15.261 et seq. Public notice of the time, date, and place of the meeting shall be given in the manner required by the Michigan Open Meetings Act, being MCL 15.261 et seq.
(f) A record of decisions made by the Board of Examiners for Wrecking Contractors, and any other writing prepared, owned, used, in the possession of, or retained by the Board in the performance of an official function shall be made available to the public in compliance with the Michigan freedom of Information Act, being MCL 15.231 et seq.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).
In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds Section 118, Wrecking Contractor License, to the 2015 Michigan Building Code, which provisions were contained in the 1984 Detroit City Code prior to July 31, 2001 and concern administration and enforcement:
118 WRECKING CONTRACTOR LICENSE
118.1 License required: recommendation of Board of Examiners for Wrecking Contractors required.
No individual, partnership, firm or corporation shall contract to demolish, disassemble, dismantle or dismember, and remove, or engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, residential or commercial buildings or structures, without a license from the Buildings, Safely Engineering, and Environmental Department, which authorizes the holder thereof to engage in such business. Such licenses shall be issued by the Director of the Buildings, Safety Engineering, and Environmental Department to qualified applicants considering the recommendation of the Board of Examiners for Wrecking Contractors.
118.2 Classification and limitation.
Wrecking contractor licenses are classified as follows:
(1) Class A Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete;
(2) Class A Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures of unlimited height, including those of wood frame, masonry, steel frame and reinforced concrete.
(3) Class B Restricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, commercial buildings and structures that are wood frame and solid masonry and neither contain steel frames or reinforced concrete nor exceed three stories or 35 feet in height.
(4) Class B Unrestricted License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential and commercial buildings and structures that are wood frame or solid masonry and do not to exceed three stories or 35 feet in height.
(5) Class C License: Authorizes the holder thereof to demolish, disassemble, dismantle or dismember, and remove, residential buildings or structures that do not exceed three stories or 35 feet in height.
118.3 Application; supplementation of information required.
(a) An application for a Wrecking Contractor License shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application shall be considered complete when the appropriate person has signed and dated the application in the presence of a notary public, has provided an affidavit that attests to their experience and is signed in the presence of a notary public, has paid the nonrefundable license fee that is established and approved under Section 109.1 of this code, and has provided the information that is required on the form, including:
(1) The name, business address, and telephone number of the business;
(2) Where the applicant is an individual:
a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;
b. The applicant’s current mailing address and e-mail address; and
c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicant’s date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency; and Wrecking experience of applicant.
(3) Where the applicant is a partnership:
a. The legal name and any other name used by the partners during the preceding five years;
b. The current mailing address and email address for the business; and
c. The name and wrecking experience of the partner designated to take the examination for the partnership;
(4) Where the applicant conducts business under a trade or assumed name:
a. The complete and full trade or assumed name;
b. The county where and date that the trade or assumed name was filed;
c. The name of the person doing business under such trade or assumed name, the manager, and other person in charge; and
d. The current mailing address and email address for the business;
(5) Where the applicant is a corporation:
a. The full and accurate corporate name;
b. The state and date of incorporation;
c. The full names and addresses of officers, directors, managers, and other persons with authority to bind the corporation;
d. The current mailing address and email address for the business; and
e. Name and wrecking experience of an officer of the corporation who is designated to take the examination for the corporation;
(6) The period of time during which said applicant has been engaged in the business; and
(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process.
(b) Any information provided in accordance with Subsection (a) of this section shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.
118.4 Experience required.
(a) Class A licenses.
(1) Except as provided in Subsection (2) of this section, no Class A license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.
(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.
(3) In addition to the provisions of Subsection (1) and (2) of this section, no Class A Unrestricted License shall be issued unless a holder who disassembles, dismantles or dismembers, and removes, one- and two-family dwellings, first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.
(b) Class B licenses.
(1) Except as provided in Subsection (2) of this section, no Class B license shall be issued until the applicant has shown satisfactory proof to the Board of Examiners for Wrecking Contractors that the applicant has been actively engaged in a supervisory capacity in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures for a period of at least three years.
(2) Credit varying up to a maximum of two years of actual experience in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures may be extended to any applicant who is a licensed professional architect, professional structural engineer, or who possesses a bachelor of sciences degree in structural or architectural engineering.
(3) In addition to the provisions found in Subsection (1) and (2) of this section, no Class B Unrestricted License shall be issued unless a holder who demolishes, disassembles, dismantles or dismembers, and removes, one- and two-family dwellings first: (a) Is licensed as a residential builder or a residential maintenance and alteration contractor by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412, and (b) Has obtained a Certificate of Registration under Section 119 of this code.
(c) Class C licenses.
(1) No Class C license shall be issued unless the applicant is licensed as a residential builder or a residential maintenance and alteration contractor with a wrecking classification by the Michigan Department of Licensing and Regulatory Affairs in accordance with Article 24 of the Michigan Occupational Code, being MCL 339.2401 through 339.2412; and has either
(2) A State of Michigan Licensed Engineer on staff and present during demolition at the demolition site; or
(3) Has experience in a supervisory capacity in the demolition of at least five residential structures.
118.5 Oral and written examinations required.
(a) The Board of Examiners for Wrecking Contractors shall determine the qualifications of each applicant. The Board shall make its decision based upon an oral examination, a written examination, and sworn affidavits that are required to be submitted with the application.
(b) The Board shall conduct the oral examination of each applicant. There shall be at least five members of the Board present at the oral examination.
(c) In the event that the applicant passes the oral examination, the Buildings, Safety Engineering, and Environmental Department is authorized to offer the written examination to the applicant. The written examination shall be conducted once each month in accordance with examination schedule that is posted at the Department for the current calendar year. A completed application to take the examination, along with the required fee, shall be received at the Department no later than 14 days before the examination. An applicant who passes the written examination may obtain issuance of his or her license at the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.
118.7 Surety bond and insurance.
(a) No Wrecking Contractor License shall be issued until the applicant has filed with the Director of Buildings, Safety Engineering, and Environmental Department:
(1) A surety bond in the amount of $50,000.00 with such surety or sureties as are approved by the Corporation Counsel, conditioned on the faithful performance of the provisions of this Code and other applicable laws, and saving and protecting the City harmless from any and all damages to private property and to pay for any and ail damages to public property that may arise from the use of any of its streets, alleys, boulevards or other public places in the demolition, disassembling, dismantling, dismembering, and removal of buildings and structures; and
(2) A public liability and property damage insurance policy naming the applicant and the City of Detroit as an additional insured and providing for the payment of any liability imposed by law on such applicant and/or the City of Detroit to the extent of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for injury to or death of any one person, and not less than $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License for injuries to or death of more than one person and damages to property in the amount of not less than $250,000.00 for Class A License and $100,000.00 for Class B License or Class C License for each occurrence and $500,000.00 for Class A License and $300,000.00 for Class B License or Class C License in the aggregate; and provided further, that the applicant submits a satisfactory insurance policy with evidence to the effect that he is covered by workers compensation insurance covering any and all wrecking operations. Such policies of insurance shall expire concurrently with the Wrecking Contractor license, on December 31st of each year, and new insurance policies shall be obtained and produced when making application for the annual renewal of the license. The policies of insurance shall contain a provision of a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon.
(b) Any insurance company whose policy or policies have been so filed pursuant to this section shall file written notice in the office of the Director of Buildings, Safety Engineering, and Environmental Department of its intention to terminate and cancel such policy or policies and give notice thereof to the licensee, whereupon the Director of Buildings, Safety Engineering, and Environmental Department shall cause the Wrecking Contractor License of the individual, partnership, firm, or corporation affected thereby to become null and void until such time as a new policy or policies of insurance are issued and presented to the Buildings, Safety Engineering, and Environmental Department.
118.9 Updating certain information required.
(a) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of the address that was provided under Section 118.3 of this code within ten business days after the change has occurred.
(b) Every holder of a Wrecking Contractor License shall report to the Buildings, Safety Engineering, and Environmental Department any change of partners, officers, or a trade or an assumed name that was provided under Section 118.3 of this code within ten business days after the change has occurred.
118.10 Expiration and renewal of license; wrecking prohibited where license expired or revoked.
(a) An application for renewal of a Wrecking Contractor License shall be filed annually with the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division prior to January 1st in each year.
(b) Prior to the expiration of a current Wrecking Contractor License, a licensee shall submit an application for renewal and pay a non-refundable fee for renewal of the license. Submission of an application for renewal and payment of the license fee before the expiration date of the license shall allow tor the continued operation as a wrecking contractor until such time that the license renewal application is denied, or the license is suspended or revoked.
(c) A Wrecking Contractor License that is issued under Section 118.8 of this code shall expire on December 31st.
(d) Where any Wrecking Contractor License has not been renewed for one year from the date of expiration, the license is deemed revoked.
(e) A Wrecking Contractor License that is revoked under this section may be renewed upon application to the Board of Examiners for Wrecking Contractors and the showing of good cause. An applicant whose license is revoked is required to pay a late fee for each year and, where the applicant’s license is revoked for more than three years, the applicant is subject to retesting and the payment of the examination fee.
(f) It shall be unlawful for any individual whose Wrecking Contractor License has not been renewed to demolish, disassemble, dismantle or dismember, and remove buildings or structures, or to engage in the business of demolishing, disassembling, dismantling or dismembering, and removing, buildings or structures, or to perform such work on a contractual basis, until such expired license has been renewed or reinstated upon reconsideration by the Board of Examiners for Wrecking Contractors.
(g) A Wrecking Contractor License that is issued under this section may be renewed or reinstated only by submitting a completed application and paying the non-refundable fee as required, respectively, in Section 118.3 and Section 118.5 of this code to the Buildings, Safety Engineering, and Environmental Department Licenses and Permits Division.
118.11 Suspension and revocation.
(a) Any licensed wrecking contractor who fails to comply with any notice of the Buildings, Safety Engineering, and Environmental Department relative to wrecking operations may have their license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors. Any licensed wreck inn contractor who operates in violation of the provisions of this ordinance and/or State and local rules and regulations lawfully promulgated, may have such license suspended or revoked by the Director upon recommendation of the Board of Examiners for Wrecking Contractors.
(b) The Department may send a Notice to Appear to the holder of a Wrecking Contractor License, where facts exist regarding any of the following reasons:
(1) An allegation of incompetence;
(2) An allegation of act of willful or gross negligence;
(3) An allegation of deliberate misrepresentation;
(4) Failure of licensee to comply with the conditions under which a permit was issued; or
(5) Failure of the licensee to comply with any other requirement of this Code or applicable state law.
(c) The Notice to Appear shall:
(1) Be in writing to the holder of the license at the address shown on Buildings, Safety Engineering, and Environmental Department records to appear before the Board of Examiners for Wrecking Contractors at a stated date and time to show cause why the license should not be suspended or revoked;
(2) State the reason or reasons therefor that the license will be suspended or revoked unless good cause is shown to the contrary at the hearing; and
(3) Be sent, via first class and certified mail, providing seven days notice before the scheduled hearing date.
(d) Pending the hearing, the Director may immediately suspend such license if the circumstances in the Director’s opinion justify such action. After the hearing, the Board of Examiners for Wrecking Contractors shall make its recommendation to the Director who may suspend or revoke the license if the Director finds the wrecking contractor in violation of any of the causes for suspension or revocation and if such action in the Director’s opinion is in the best interest of the City.
(e) It shall be unlawful for any individual, partnership, firm, or corporation whose Wrecking Contractor License has been suspended or revoked to engage in the demolition or removal of buildings or structures in the City until such suspended or revoked license has been reinstated or reissued.
118.12 Review of adverse decision.
In the event that the Director’s decision is adverse to the licensee, the licensee may pursue review of the adverse decision in accordance with the Michigan Court Rules by appeal to the circuit court within 21 days of entry of an order. Where said licensee seeks judicial review, the Director’s decision remains in effect until enjoined or reversed by the circuit court.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-1 (JCC. 5/26/20, Pass. 7/21/20, App. 7/22/20, Pub. 1/21/21, Eff. 1/15/21).
(a) In accordance with Section 8-2-2 of this Code, Appendix G of the Michigan Building Code shall be enforced by the City’s building official as the City’s floodplain management regulations.
(b) In accordance with Section 8b(11) of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1508b(11), the City adds to Section 1612 of the 2015 Michigan Building Code, Flood Loads, the following provision, which, as required by federal law, was contained in the 1984 Detroit City Code and concerns administration and enforcement: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in the engineering report entitled “The Flood Insurance Study for Wayne County Michigan (All Jurisdictions),” dated October 21, 2021 as amended or revised with the accompanying Flood Insurance Rate Map (FIRM), which specifies: panel numbers 26163CIND1C, 26163CIND2C, 26163C0140F, 26163C0143F, 26163C0269F, 26163C0270F, 26163C0282F, 26163C0284F, 26163C0285F, 26163C0286F, 26163C0287F, 26163C0288F, 26163C0301F, 26163C0302F, 26163C0303F, 26163C0304F, 26163C0306F, effective October 21, 2021; panel numbers 26163C0060E, 26163C0066E, 26163C0067E, 26163C0069E, 26163C0100E, 26163C0150E, 26163C0232E, 26163C0234E, 26163C0253E, 26163C0255E, 26163C0268E, 26163C0280E, effective February 2, 2012 and, provides the required information of the “Flood Hazards” section of Table R301.2(1) of the 2015 Michigan Residential Code, and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-33 (JCC 9/21/2021, Passed 10/5/2021, Approved 10/11/2021, Published 10/14/2021, Effective 10/21/2021).
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Certificate of Compliance means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a building, premises or structure, or a portion thereof, complies with the requirements of this article.
Certificate of Collection Box Maintenance means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a collection box complies with the requirements of this article.
Certificate of Registration of Rental Property means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a rental property complies with the requirements of this article.
Certificate of Registration of Vacant Property means a certificate issued by the Buildings, Safety Engineering, and Environmental Department, which states that a vacant property has been registered.
Certified abatement worker means an individual who has been trained to perform lead abatement by an accredited training program and who is certified by the Michigan Department of Health and Human Services to perform lead abatement.
Certified clearance technician means an individual who has completed an approved training course and is certified by the Michigan Department of Health and Human Services to perform lead-clearance testing on interim controls or nonabatement/renovation projects to ensure that lead dust has been removed.
Certified lead inspector means an individual who has been trained by an accredited training program and certified by the Michigan Department of Health and Human Services to conduct lead-based paint inspections for the purpose of identifying lead-based paint and take samples for the purpose of lead-abatement clearance testing.
Certified renovator means an individual who has successfully completed a lead hazard renovator course provided by an accredited training program for which the Michigan Department of Health and Human Services, who has been issued a certificate to perform lead hazard renovations, or who directs or subcontracts to others under their supervision to perform lead hazard renovations.
Certified risk assessor means an individual who has been trained by an accredited training program and certified by the Michigan Department of Health and Human Services to conduct evaluations, lead-based paint inspections, and risk assessments for lead-based paint hazards, and to take samples for the presence of lead in paint and dust for the purpose of post remedy inspection and certification.
Charitable organization means a benevolent, educational, philanthropic, humane, patriotic, or eleemosynary organization of persons that solicits or obtains contributions solicited from the public for charitable purposes. The term includes a chapter, branch, area office, or similar affiliate or person soliciting contributions within the state for a charitable organization that has its principal place of business outside the state.
Clearance examination means an activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no lead-based paint hazards, as defined in this section, exist in the dwelling unit or work site.
Clear vision triangle means the area formed by extending the two curb lines a distance of 45 feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle.
Co-box controller means any person who owns or otherwise is in control of a collection box used to solicit collections of salvageable personal property.
Collection box means any unattended container, receptacle, or similar device that is located outdoors on any parcel or lot of record within the City of Detroit and that is used for soliciting and collecting clothing, household items, or other salvageable personal property. This term does not include recycle bins solely used for the collection of recyclable material, garbage receptacles, approved containers, as defined by Section 42-1-1 of this Code, or any collection box enclosed in a building.
Collection box servicing means every 21 days the collection box shall be:
(1) Power washed, both inside and outside, in a manner that disinfects to prevent infestation;
(2) Cleared of all graffiti, tags, and gang markings;
(3) Repaired, which includes the removal of any large dents which change the surface structure of the box, fixing any mechanisms that enable the collection box to stay locked and secured, and replacing the collection box when it cannot be repaired on location; and
(4) Cleaned such that the surrounding area is free of any solid waste, as defined by Section 8-15-9 of this Code, clothes, and any other donated items.
Commercial establishments means all businesses, nonprofit organizations, churches, governmental agencies, and other such institutions which cannot be classified as residential structures, as well as residential structures containing five or more household units.
Commercial solid waste means:
(1) The solid waste resulting from the operation of commercial establishment; and
(2) Construction solid waste, but does not include domestic solid waste.
Community residential home means a location which provides shelter to prisoners placed pursuant to Section 65a of the Michigan Department of Corrections Act, being MCL 791.265a.
Construction solid waste means waste from buildings construction, alteration, demolition or repair, and dirt from excavations.
Containment means a process to protect workers and the environment by controlling exposure to a dust lead hazard and debris created during lead abatement.
Correction notice means a written notice of a violation that, if not cured within the time period stated in the notice, will result in the issuance of a blight violation notice.
Courville containers means receptacles which are 100, 300 or 400 gallons in capacity, are the property of the City, are provided by the Department of Public Works for use at residential structures and commercial establishments, and are mechanically emptied.
Condemnation means to determine a structure unfit for occupancy.
Condominium means that portion of a condominium conversion or project designed and intended for residential, office, industrial, business or recreational use, or use as a time share unit, or any other type of use.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Garbage means, as defined by Section 11503 of the Michigan Natural Resources and Environmental Act, being MCL 324.11503, rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable matter. Good repair means to be properly installed, safe, stable, and maintained sufficiently free of defects or deterioration so as to be functional for current use,
Graffiti means any drawing, lettering, illustration, inscription, design, or other marking that is etched, painted, sprayed, drawn, or otherwise caused to be displayed on the exterior of any building, premises or structure, but does not mean an art mural or sign as defined in Section 4-1-1 of this Code, building identification under Section 8-15-202 of this Code, any sign permitted by the Chapter 50 of this Code, Zoning, or any decoration that is part of the architectural design of the building entrance.
Guard means a building component, or a system of building components, located at or near the open sides of elevated walking surfaces that minimize the possibility of a fall from the walking surface to a lower level.
Habitable space means space in a structure for living, eating, cooking or sleeping, but does not mean bathrooms, closets, halls, storage or utility spaces, toilet rooms, or similar areas.
Hazard reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls or abatement or a combination of the two.
Hazardous condition means a condition which may result in the death, injury, or illness of a person or in severe damage to a building, premises, or structure.
Homeless means an individual who, or family which, lacks a fixed, regular and adequate nighttime residence, or whose primary nighttime residence is:
(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or
(2) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Hotel means any building containing guest rooms which are intended or designed to be used, rented, or hired out by transient persons or by a transient family.
Household units means the individual residences of the residents of the city.
Imminent danger means a condition which could cause serious or life-threatening injury, or death, to persons at any time due to the maintenance, or lack of maintenance, of a building, premises, or structure.
Impact surface means an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames.
Infestation means the presence of insects, rats, vermin or other pests within, or contiguous to, a building, premises, or structure.
Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead based paint hazards, including, but not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-31 (JCC. 3/3/20, Pass. 7/21/20, App. 7/27/20, Pub. 3/26/21, Eff. 12/9/20).
(a) The following schedule of civil fines shall be assessed and paid at the Department of Appeals and Hearings for the specified violations of this article:
| First Offense | Second Repeat Offense | Third and Subsequent Repeat Offense | |
| I. Failure to meet a requirement of this article, except as otherwise specified in this section: | |||
| One- or two-family dwelling | $50.00 | $100.00 | $200.00 |
| All other structures, except buildings with five or more stories | $100.00 | $200.00 | $500.00 |
| Buildings with five or more stories | $200.00 | $500.00 | $1,000.00 |
| Collection Boxes | $200.00 | $500.00 | $1,000.00 |
| II. Failure to comply with an emergency or imminent danger order concerning an emergency condition, an imminent danger, an unsafe or unsanitary condition, or unlawful occupancy. | |||
| One- or two-family dwelling | $500.00 | $1,000.00 | $1,500.00 |
| All other structures, except buildings with five or more stories | $1,000.00 | $1,500.00 | $2,000.00 |
| Buildings with five or more stories | $1,500.00 | $3,000.00 | $5,000.00 |
| Collection Boxes | $1,500.00 | $3,000.00 | $5,000.00 |
| III. Failure of the owner to obtain a Certificate of Compliance in violation of
Section 8-15-35 of this Code. |
$250.00 | $500.00 | $1,000.00 |
| IV. Failure of the owner to obtain a Certificate of Registration of Rental
Property in violation of Section 8-15-81 of this Code. |
$250.00 | $375.00 | $500.00 |
| V. Failure of the owner to obtain a Certificate of registration of Rental
Property in violation of Section 8-15-81 of this Code. |
$250.00 | $350.00 | $500.00 |
| VI. Failure to obtain a Lead Clearance for Rental Property in violation of Section 8-15-83 of this Code. | |||
| One- or two-family dwelling | $500.00 | $1,000.00 | $2,000.00 |
| All other structures, except buildings with five or more stories | $1,000.00 | $2,000.00 | $4,000.00 |
| Buildings with five or more stories | $2,000.00 | $4,000.00 | $8,000.00 |
| VII. Failure to remove snow or ice in violation of Section 8-15-103 of this Code. | |||
| One- or two-family dwelling | $50.00 | $125.00 | $250.00 |
| All other buildings, premises or structures | $100.00 | $250.00 | $500.00 |
| VIII. Weeds or plant growth in violation of Section 8-15-104 of this Code. | $50.00 | $125.00 | $250.00 |
| IX. Rodent harborage in violation of Section 8-15-105 of this Code. | $100.00 | $250.00 | $500.00 |
| X. Failure to remove inoperable or unlicensed motor vehicle from premises
in violation of Section 8-15-110 of this Code. |
$100.00 | $250.00 | $500.00 |
| XI. Failure to maintain a vacant building or structure in accordance with the requirements of Section 8-15-113 of this Code. | |||
| One- or two-family dwelling | $500.00 | $750.00 | $1,000.00 |
| All other structures, except buildings with five or more stories | $750.00 | $1,250.00 | $1,500.00 |
| Buildings with five or more stories | $1,000.00 | $2,000.00 | $3,000.00 |
| XII. Failure to maintain a collection box or related premises in accordance with
the requirements of Section 8-15-521 of this Code. |
$1,000.00 | $2,000.00 | $3,000.00 |
| XIII. Failure to obtain a Certificate of Collection Box Maintenance in violation of Section 8-15-531 of this Code. | $250.00 | $500.00 | $1,000.00 |
(b) In the case of a firm or a partnership, the civil fine may be imposed upon the partnership or members thereof, and in the case of a corporation, the civil fine may be imposed upon the officers thereof.
(c) The imposition of a civil fine, or the payment of the same, under this section shall not be construed as excusing or permitting the continuance of any violation of this article.
(d) A civil fine that is paid before the administrative hearing date shall be reduced by ten percent.
(e) A civil fine that is paid after the administrative hearing date shall be increased by ten percent.
(f) A civil fine that is paid on the administrative hearing date neither shall be reduced nor shall be increased.
(g) Pursuant to Section 4q(13) of the Michigan Home Rule City Act, being MCL 117.4q(13), and Section 3-2-52(a)(6) of the 2019 Detroit City Code, Blight Administrative Hearings Bureau hearings officers shall impose a justice system assessment fee for each blight violation determination.
(h) Pursuant to Section 3-2-55(b) of the 2019 Detroit City Code, each blight violation notice shall be subject to an administrative processing and adjudication fee, established by the Director of the Department of Appeals and Hearings and approved by the City Council.
(i) Pursuant to Section 4q(3) of the Michigan Home Rules City Act, being MCL 117.4q(3), and Section 3-2-52(4) of the 2019 Detroit City Code, a hearings officer at the Blight Administrative Hearings Bureau may waive a fine for a blight violation at an owner-occupied dwelling, or for an owner who is verified as “low income,” provided, that such owner is a first-time violator of the Code and the violator has corrected the circumstances of the violation. For purposes of this subsection, an owner shall qualify as “low income:”
(1) Where the owner establishes that his or her household income is at or below fifty percent of the median household income for the City of Detroit as determined by the most recent United States Census;
(2) Where the owner has been granted eligibility for the Detroit Homeowners Property Tax Assistance Program; or
(3) Where the owner meets criteria that the Director of the Buildings, Safety Engineering, and Environmental Department may promulgate, in his or her discretion, in accordance with Section 2-111 of the Charter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) The Building Official and the Public Health Director, or their authorized local officials or designees, shall make the required inspections and re-inspections under this article, or shall accept reports of inspections from any authorized City departments or agencies, or persons. All such inspection reports shall be in writing and be certified by an authorized local official of the Buildings, Safety Engineering, and Environmental Department or the Health Department, or by the responsible person. The Director of the Buildings, Safety Engineering, and Environmental Department and the Public Health
Director are authorized to engage, subject to any approvals required by the Charter or by the 2019 Detroit City Code, such expert opinion as deemed necessary to report upon unusual or technical issues that arise as a result of any inspection or re-inspection.
(b) The Building Official and the Public Health Director, or their authorized local officials or designees, are authorized to enter any building, premises, or structure within the City at reasonable times to inspect.
(1) If an owner refuses to allow an inspection, the inspector shall provide a notice of pre-inspection rights which shall include information that the owner is entitled to a pre-compliance review of the inspection by a neutral hearing officer at the Department of Appeals and Hearings to determine the purpose, scope, and propriety of the inspection; and
(2) The notice of pre-inspection rights shall:
a. Be posted at the premises, building, or structure; and
b. Be sent via regular U.S. Mail to the owner’s address of record with the Buildings, Safety Engineering, and Environmental Department.
(3) If an owner refuses to allow an inspection, the inspector shall provide a notice of pre-inspection
a. Within 14 days after the date of posting and/or mailing the notice of pre-inspection rights, whichever is later, the owner must provide the hearing officer, in writing, a review request which shall include a request to review the purpose, scope, and propriety of the inspection, along with all reasons why the inspection should not take place and shall include the owners correct and complete mailing address if different than the address of record.
b. Where the owner does not provide a review request to the hearing officer within the 14-day period, the owner shall be deemed to have waived the right to pre-compliance review of the inspection.
c. Where a hearing officer from the Department of Appeals and Hearings receives a review request from an owner for pre-compliance review of an inspection, the department seeking to conduct an inspection shall provide the hearing officer with a written explanation of the department’s purpose, scope, propriety, and any other reasons for conducting the inspection.
d. The hearing officer from the Department of Appeals and Hearings shall review all documents submitted, and, within ten days of receiving the information from the Buildings, Safety Engineering, and Environmental Department, shall issue a written determination as to whether the inspection can proceed, the premises, building, or structure address, the approved scope of the inspection, areas to be inspected, and any restrictions on the time the inspection may be conducted.
e. The hearing officer’s written determination shall be delivered to the department seeking to conduct an inspection and mailed to the owner by U.S. Mail to the owner’s address of record.
f. The owner and the department seeking to conduct the inspection, shall comply with the written determination of the hearing officer.
g. In the event a review request is not timely submitted, or in the event the hearing officer allows an inspection to proceed but the owner, property manager, tenant, or occupant does not consent to entry, the department may issue to the owner a blight violation as provided by Section 8-15-10 of this Code, and, at the department’s discretion, may seek an administrative warrant for entry of the property.
(4) The procedure outlined in Subsection (b)(1) of this section do not apply in any situation which requires immediate inspection in a building, premises, or structure where such condition reasonably constitutes an imminent threat to the public interest, safety, welfare, or otherwise involves exigent circumstances.
(c) The Building Official and the Public Health Director, or their authorized local officials or designees, shall carry and display proper City identification containing their photograph when inspecting a building, premises, or structure in the performance of their duties under this article.
(d) The Building Official, or his or her authorized local officials or designees, shall conduct inspections to obtain compliance with this article based upon at least one of the following:
(1) All buildings of public assembly, including armories, bars, hall, rental hall, school buildings, theaters, buildings used for manufacturing and industrial purposes, multiple use buildings, all buildings used for other commercial purposes, including, but not limited to, apartment houses, condominiums, emergency shelters, hospitals, hotels, lofts, office buildings, motels, rooming houses, rooming units, shelters for victims of domestic violence, temporary shelters, townhouses, and buildings, premises and structures used for lumber yards, general storage yards and railroad yard facilities, and all other buildings occupied or used by large numbers of persons or which may constitute a hazard to life or property where not in compliance with this article, and wharves, fences, billboards, signs and other structures shall be inspected by the Buildings, Safety Engineering, and Environmental Department, at least once every year;
(2) The receipt of a complaint or other notice of a possible violation of this article;
(3) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of this article;
(4) Pursuant to the issuance of certificates of compliance as required by state law, by Section 8-15-35 of this Code, or by other provisions of the 2019 Detroit City Code;
(5) Pursuant to the registration of residential rental properties in accordance with Section 8-15-82 of this Code;
(6) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;
(7) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;
(8) All owners of buildings five stories or more in height shall have all roof-mounted structures and every exterior wall of or part of the building’s exterior, including connecting bridges, cornices, copings, saves, bays, or similar projections, thoroughly inspected and examined by competent persons at their own expense at intervals not to exceed five years and shall furnish the Building Official, with a written report setting forth the true condition of the structures or wall inspected. The Building Official shall be notified in advance of such an inspection of an existing building and may have an authorized local official or designee present. Where the conditions of a structure or wall cannot be determined by inspection of the exterior of the structure or wall, the Building Official, or his or her authorized local official or designee, may require portions thereof to be removed for more thorough examination.
(9) The owners of the ambassador bridge, the Detroit River Railroad Tunnel, and the Detroit-Windsor Tunnel shall have these structures thoroughly inspected and examined by competent personnel at their own expense and at intervals not to exceed five years and shall furnish the Building Official with a written report setting forth the true conditions thereof;
(10) The exposed length of any metal or masonry stack 18 inches or more in diameter and 25 feet or more in length above ground or roof shall be inspected at least every five years by competent personnel, including steeplejacks, employed by the owner or user of such stack who shall furnish the Buildings, Safety Engineering, and Environmental Department with a written report on the condition of the stack and its support;
(11) An observation by the Building Official, or his or her authorized local official or designee, of a possible violation of another code in Chapter 8 of this Code, Building Construction and Property Maintenance, which results in notification of the appropriate division in the Buildings, Safety Engineering, and Environmental Department to take enforcement action;
(12) To protect the health, safety, and welfare of the public; or
(13) To issue a Certificate of Collection Box Maintenance as required by Section 8-15-531 of this Code.
(14) Notwithstanding Subsection (d)(1) of this section, collection boxes shall be inspected every two years.
(e) The Public Health Director shall conduct inspections to obtain compliance with this article based upon, at least, one of the following:
(1) The receipt of a complaint or other notice of a possible violation of this article;
(2) An observation by the Public Health Director, or the Director’s authorized local official or designee, of a possible violation of this article;
(3) Pursuant to the designation of an area within the City where all buildings, premises, and structures are to be uniformly inspected;
(4) Pursuant to a request for inspection by the owner, or authorized agent of the owner, of the building, premises, or structure;
(5) To ensure compliance with the provisions of the Housing Law of Michigan, being MCL 126.401 et seq.; or
(6) To provide for the health, safety, and welfare of the public.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) The following buildings and structures shall be required to have a Certificate of Compliance issued by the Buildings, Safety Engineering, and Environmental Department:
(1) With the exception of Subsection 8-15-34(d)(13) of this Code, all buildings and structures required to be inspected pursuant to Section 8-15-34(d) of the City Code; and
(2) One- and two-family dwellings, or any part of a residential structure, which are occupied by persons pursuant to an oral or written rental contract or lease agreement for monetary compensation. This requirement shall not include one family dwellings which are occupied by the owner of the structure and the owner’s immediate family and those portions of a two-family dwelling which are occupied by the owner and the owner’s immediate family.
(b) As required by this article, a Certificate of Compliance for a building or structure shall be issued, upon inspection, by the Buildings, Safety Engineering, and Environmental Department, correction of any violations, and a determination by the Buildings, Safety Engineering, and Environmental Department that the building or structure is in compliance with this article, including, but not limited to, the standards in Section 8-15-36(a) of the City Code.
(c) The Certificate of Compliance, which is issued by the Buildings, Safety Engineering, and Environmental Department pursuant to this article, shall be posted in a conspicuous place within the building or structure and readily available for inspection with the exception of Certificates of Compliance issued for one and two-family rental dwellings. Certificates of Compliance for one- and two-family rental dwellings shall be maintained by the owner and made available upon request by the Building Official or the Public Health Director, or their authorized local officials or designees, or by any current or prospective tenant.
(d) Subject to Section 8-15-81 of this Code, it shall be unlawful to occupy or use a building, premises, or structure required to have a Certificate of Compliance under this article, or cause same to be occupied, without the required Certificate of Compliance for the building, premises, or structure. Upon the issuance of a blight violation notice and a finding that the building, premises, or structure is unsatisfactory for human habitation, the Building Official or Public Health Director may order such building, premises, or structures vacated.
(e) Whenever there are practical difficulties involved in carrying out the provisions of this article, the Building Official shall have the authority to issue a Temporary Certificate of Compliance or grant modifications for individual cases, provided, that the Building Official shall first find a specific reason that:
(1) Would make the strict letter of this article impractical;
(2) The modification from the requirement is in compliance with the intent and purpose of this article; or
(3) Such modification does not lessen any health and safety requirements of any provision of state law, of this article, or of the 2019 Detroit City Code as determined by the appropriate City official.
(f) The details of any action granting a modification from this article shall be recorded, entered, and maintained in the records of the Buildings, Safety Engineering, and Environmental Department.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
Any premises, as defined in Section 8-15-8 of this Code, that is maintained in a condition in violation of this article is declared a public nuisance. The violation shall be corrected and the public nuisance shall be abated by the owner or operator of the premises, any persons having interest in the property, or, where present, co-box controllers. The decision and order of the hearing officer finding the owner or operator of the premises, any persons having interest in the property, or co-box controllers responsible for a blight violation under this article shall order the violator to correct the violation and abate the public nuisance.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
Pursuant to Section 126(3) of the Michigan Housing Law, MCL 125.526(3), the Buildings, Safety Engineering, and Environmental Department may accept inspections of one- or two-family dwelling, multiple dwellings and rooming houses conducted by the United States Department of Housing and Urban Development under the real estate assessment center inspection process, or by other governmental agencies, so long as that inspections certifies that the properties inspected comply with the standards and requirements of this article.
Amended by Ord. No. 40-18 (JCC. 11/7/18, Pass. 1/15/19, App. 1/22/19, Pub. 2/10/21, Eff. 2/6/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) All buildings, premises, and structures and exterior property, including all vacant or unimproved property, shall be ratproofed and maintained in a ratproof condition and be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. The owner of such building premises, structure, or exterior property shall be responsible for complying with the provisions of this section.
(b) No building, premises, or structure shall be used for the storage or handling of solid waste, including debris, garbage, litter and rubbish, which provide a place for rodents to harbor.
(c) All barrels, bottles, building materials, boxes, cans, cartons, containers, fabricated goods, food, foodstuff, junk, lumber, machinery, raw materials and similar things that may afford harborage or food for rats shall be kept, stored or handled in a manner or method approved by the Public Health Director.
(d) Whenever there is a rat infestation in any building, open area or other premises, the occupants thereof and, in
the case of a multiple dwelling, the owner thereof, shall immediately institute rat control and shall continuously maintain such measures until any such building,
open area or other premises are declared by the Public Health Director to be free of rat infestation.
(e) No building, or part thereof, shall be used as a place where food or foodstuff is stored, processed, prepared, manufactured, sold or offered for sale unless such building, or part thereof, is free from vermin and rodents. No license shall be issued for the storing, processing, preparing, manufacturing, selling or offering for sale of any food, foodstuff or food products until the applicant therefor secures approval or a certification from the Public Health Director that the place where such operation is to be conducted is of ratproof construction or has been rendered ratproof.
(f) Owners, occupants, contractors, employees or agents of public utilities or any other persons, who make alterations, additions, extensions, enlargements or repairs or in the installation of wires, conduits, pipes or other installations or for any other purpose, shall not remove or fail to restore in like condition the ratproofing from any building or to make new openings therein that are not ratproofed.
(g) A person shall not feed wild birds other than from bird feeders which can only be accessed by birds, and be elevated at least 48 inches above ground level.
(h) A person shall not intentionally feed, make available, nor assist another person to make food available outdoors on public or private property for any cats or dogs for which they are not the owner. This prohibition excludes the short-term feeding of an owned animal on private property by the owner or wherein permission was given to another person by the owner of said property. Short term feeding is seven calendar days total within a 30-day period. Upon notifying the City’s Animal Care and Control Division of the presence of a cat or dog for which they are not the owner, a person may engage in the temporary feeding, being less than seven calendar days total within a 30-day period, to facilitate the humane capture and removal of such animal by the City.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-23 (JCC 6/8/2021, Passed 7/13/2021, Approved 7/19/2021, Published 8/10/2021, Effective 8/10/2021).
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-31 (JCC. 3/3/20, Pass. 7/21/20, App. 7/27/20, Pub. 3/26/21, Eff. 12/9/20).
It shall be unlawful to operate and maintain, or cause to be operated and maintained, a collection box located in the City of Detroit, except as follows:
(1) Collection boxes shall be metal or other appropriate material as approved by the Director of the Buildings, Safety Engineering, and Environmental Department;
(2) Collection boxes shall not exceed seven feet in height, six feet in width, and six feet in depth;
(3) Collection boxes shall be placed on a level, paved, asphalt or concrete; dust-free surface;
(4) Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents;
(5) The front of each collection box shall provide, at minimum, in four-inch type, the following information;
a. Permit number;
b. The name, address, email, website and phone number of the co-box controller;
c. All the recipients of the proceeds;
d. If a charitable organization receives some but not all of the personal property placed in the collection box or the proceeds of that personal property, the recipients’ name, address, telephone number and percentage of the proceeds;
e. Information provided by the Buildings, Safety Engineering, and Environmental Department regarding how to file a complaint with the City; and
(6) The collection box shall not have information, advertising or logos other than those relating to the co-box controller, for profit or non-profit organization, and recipients of the proceeds;
(7) Collection boxes shall be serviced, as defined by Section 8-15-4 of this Code, at least every 21 days, and emptied, at least once every seven days. Notwithstanding this service and empty requirement, the collection boxes shall also be serviced and emptied as needed such that no overflow of solid waste, clothes or other donated items will remain outside of the collection box for more than 24 hours and the collection box remains free of infestation. The schedule of service and removal of the items shall be posted on the collection box such that it is visible to the public; and
(8) No collection box shall be placed on public property, and any collection box placed on public property will be removed in accordance with Sections 43-8-7 through 43-8-8 of this Code.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) It shall be unlawful for any person to deposit, store, keep or maintain or permit to be deposited, stored, kept or maintained a collection box on any premises without first obtaining a Certificate of Collection Box Maintenance issued by the Buildings, Safety Engineering, and Environmental Department. A Certificate of Collection Box Maintenance is required for each collection box, except when the collection box is enclosed within a building.
(b) All co-box controllers with collection boxes placed within the City on the effective date of this ordinance shall apply for a Certificate of Collection Box Maintenance as required herein within 30 days of the effective date of this ordinance. Any collection box not in compliance with Subsection (1) of this section after 60 days of the effective date of this ordinance shall be considered in violation of this article.
(c) Any co-box controller in violation of Subsection (a) of this section 60 days after the effective date of this ordinance shall be ineligible to apply for any additional Certificate of Collection Box Maintenance for one year, and shall remove any collection box that is not in compliance with Subsection (a) of this section within 30 days.
(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of all collection boxes for which a Certificate of Maintenance has been issued, and shall make the registry available on the City’s website. The Buildings, Safety Engineering, and Environmental Department may combine this registry with the registry required by Section 8-15-532(d) of the City Code.
(e) In addition to other remedies and penalties provided by this article, the City may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the general statutes or common law.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) An application for a Certificate of Collection Box Maintenance under this subdivision shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The application for Certificate of Collection Box Maintenance shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is required on the form, including:
(1) Where the applicant is an individual:
a. The applicant’s full legal name and any other name used by the applicant during the preceding five years;
b. The applicant’s current mailing address, telephone number, and e-mail address; and
c. Written proof of age in the form of a driver’s license, or a picture identification document containing the applicants date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(2) Where the applicant is a partnership:
a. The legal name and any other name used by the partners during the preceding five years;
b. The current mailing address and e-mail address for the business; and
c. The phone number of the person responsible for handling collection box matters;
(3) Where the applicant conducts business under a trade or assumed name:
a. The complete and full trade or assumed name;
b. The county where and date that the trade or assumed \ name was filed;
c. The name of the person doing business under such trade or assumed name; the manager, and other persons in charge;
d. The current mailing address and e-mail address for the business; and
f. The phone number of the person responsible for handling collection box matters;
(4) Where the applicant is a limited liability corporation (LLC):
a. The full and accurate LLC name;
b. The state and date of organization;
c. The full names and addresses of officers, directors, managers, members and other persons with authority to bind the LLC;
d. The current mailing address and e-mail address for the LLC; and
f. The phone number of the person responsible for handling collection box matters.
(5) Where the applicant is a corporation:
a. The full and accurate corporate name;
b. The state and date of incorporation;
c. The full names and addresses of officers, directors, managers, and other
persons with authority to bind the corporation;
d. The current mailing address and e-mail address for the business; and
f. The phone number of the person responsible for handling collection box matters;
(6) Where the applicant is a charitable organization:
a. The full and accurate name of the organization;
b. The current mailing address and email of its headquarters;
c. Proof of the 501(c)(3) status of the charitable organization or a valid registration under the Charitable Organization and Solicitation Act; and
f. The phone number of the person responsible for handling collection box matters;
(7) The name and business address of the statutory agent, or other agent, who is authorized to receive service of process;
(8) The address of the premises where the collection box would be located, and a copy of the location permit approved in accordance with Section 8-15-533 of this Code;
(9) Proof of current ownership or lease of the premises, as may be provided in the form of a deed, land contract, leasing agreement, or other valid and duly recorded instrument;
(10) If different from the applicant, the name and contact information of the owner or legal entity in control or lawful possession of the premises, a notarized affidavit signed by the owner, or authorized agent granting permission for the placement of the proposed collection box in a permitted location, in accordance with Section 8-15-533 of this Code. For purposes of this section, the affidavit may be executed by an individual who is an officer, director, member or manager for the property owner or lease holder, all of which will be considered as an authorized agent;
(11) A notarized collection box removal agreement;
(12) A deposit, in an amount set by resolution of City Council as provided in Section 8-15-534 of this Code, to be held in escrow presented to the Buildings, Safety Engineering, and Environmental Department, for the removal of collection boxes; and
(13) Maintenance plan, in accordance with Section 8-15-521 of this Code.
(c) Any information provided by the applicant, in accordance with Subsection (b) of this section, shall be supplemented in writing and sent by certified mail, return receipt requested, to the Buildings, Safety Engineering, and Environmental Department within ten business days of a change of circumstances that would render false or incomplete the information that was previously submitted.
(d) The Buildings, Safety Engineering, and Environmental Department shall maintain a registry of co-box controllers and collection boxes governed by this section. The Department may combine this registry with the registry required by Subsection 8-15-531(d) of this Code.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A Location Permit, approved by the Buildings, Safety Engineering, and Environmental Department, shall be required to authorize the placement of any collection box in the City.
(b) An application for a location permit required under Subsection (a) of this section shall be made on a form that is provided by the Buildings, Safety Engineering, and Environmental Department. The permit application shall be considered completed when the appropriate person has signed and dated the application, has paid the required application fee, and has provided the information that is on the form, including:
(1) A scaled drawing that demonstrates the location of the collection box complies with the requirements of this Code, is not located within the “clear vision triangle,” as defined in Section 8-15-4 of this Code, and illustrates the proposed location of the collection box on the premises, including:
a. North arrow, legend, if applicable, with graphic and written scale;
b. Location map, showing the location of the premises;
c. Locations and names of all public rights-of-way, private roads, and railroads, as well as all existing pedestrian pathways and driveways, whether adjacent or interior to the premises;
d. Location and outer perimeter dimensions of all existing buildings and other structures on the premises;
e. The dimensions of the proposed collection box; and
(c) A collection box is not permitted at the following locations:
(1) Any location other than the designated and approved site provided on the application;
(2) Land zoned or used for residential purposes;
(3) Public property;
(4) Unimproved, vacant, or abandoned property or property that has not been used for its principal use for more than 30 days;
(5) Within 1,000 feet of another collection box. Notwithstanding this separation requirement, up to two collection boxes on a single lot of record are permitted if the two collection boxes are side by side and are no more than one foot apart;
(6) Within the clear vision triangle, as defined by Section 8-15-4 of this Code; and
(7) Any location where the collection box would be a safety hazard or visual obstruction to vehicular traffic or pedestrian traffic.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A non-refundable fee shall be charged and collected in accordance with Section 6-503(13) of the Charter for the processing and issuance of a Certificate of Collection Box Maintenance, a Location Permit, and a deposit required under this division. Based upon the cost of issuance and administration of the regulations, the Director of the Buildings, Safety Engineering, and Environmental Department shall establish such fees, which are subject to approval by the City Council through adoption of a resolution.
(b) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in Subsection (a) of this section shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Buildings, Safety Engineering, and Environmental Department and at the Office of the City Clerk; and
(3) Reviewed by the Director of the Buildings, Safety Engineering, and Environmental Department at least once every two years.
(c) A fee shall be charged for each new application, any application for renewal, or any application for Certificate of Collection Box Maintenance at another location.
(d) A fee shall be charged for each new application, any application for renewal, or any application for a location permit at another location.
(e) A deposit shall be required to be submitted with each application for Certificate of Collection Box Maintenance and shall be held in escrow for the duration of the application process and, where issued, the Certificate of Collection Box Maintenance. The deposit shall cover costs incurred by the City to remove collection boxes when the cobox controller either fails or neglects to remove the collection box as directed by the Building Official and this Division. Where the expense of removal or repair exceeds the amount of deposit, the excess amount shall be collected from the person who, or entity which, the Certificate of Collection Box Maintenance was issued.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) Upon application and before any Certificate of Collection Box Maintenance that is required by this subdivision shall be issued or renewed, it shall be the duty of the Buildings, Safety Engineering, and Environmental Department to refer such application to the Office of Chief Financial Officer, which shall cause an investigation to be completed in accordance with Section 2-113 of the Charter to determine whether any property tax, income tax, personal tax or special assessments are unpaid, outstanding or delinquent to the City.
(b) A Certificate of Collection Box Maintenance shall not be issued or renewed by the Buildings, Safety Engineering, and Environmental Department until the Chief Financial Officer has given written confirmation that the applicant is not in arrears to the City for taxes or assessments that are delineated in Subdivision (a) of this section.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
Upon compliance with Sections 8-15-531 through 8-15-536, the Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Collection Box Maintenance in accordance with this subdivision.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) No Certificate of Collection Box Maintenance issued under the provisions of this subdivision may be transferred, assigned, or conveyed to another person or legal entity.
(b) Where a collection box is sold or otherwise transferred to a new owner, the Certificate of Collection Box Maintenance issued to the previous owner shall expire on the date of the sale or transfer and, within 30 days after the sale or transfer of the collection box, the new owner shall apply for a Certificate of Collection Box Maintenance in the manner prescribed in this Section 8-15-532 of this Code. Submission of a Certificate of Collection Box Maintenance application and payment of the fee and deposit shall allow for the continued operation of the collection box for the location until such time that the permit renewal application is denied.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) A Certificate of Collection Box Maintenance shall be renewed two years from issuance, and every two years thereafter. Prior to the expiration of the current certificate, the co-box controller shall submit an application for renewal and pay a fee for the renewal of the certificate. Submission of an application for renewal and payment of the fee before the expiration date of the certificate shall allow for the continued operation of the collection box for the location until such time that the renewal application is denied, or the permit is revoked.
(b) Prior to the expiration of the Certificate of Collection Box Maintenance, the certificate holder may voluntarily cancel such certificate by notifying the director in writing of the intent to cancel. The Certificate of Collection Box Maintenance shall become void upon the Director’s receipt of a written notice of intent to cancel.
(c) If the Certificate of Collection Box Maintenance is not renewed, the collection box(es) must be removed from the premises within 30 days of expiration.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
(a) The Building Official may deny or revoke a Certificate of Collection Box Maintenance for a collection box where:
(1) The co-box controller is in violation of any provision of this Code;
(2) The co-box controller has a blight violation determination, as defined in Section 8-15-3 of this Code, and is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau established under Section 3-2-51 of this Code.
(3) The premises owner or leaseholder does not have a certificate of compliance;
(4) The co-box controller is delinquent in paying the City for any cost incurred by the City or the City’s contractor for removal of the co-box controller’s collection box pursuant to the removal agreement established pursuant to Section 8-15-532 of this Code;
(5) There is failure to fulfil the requirements set forth under the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act; or
(6) The co-box controller has had a Certificate of Collection Box Maintenance revoked under this division within the last year.
(b) The denial or revocation of a Certificate of Collection Box Maintenance shall be by written notice to the co-box controller and owner of the building, premises or structure, or his or her legal representative, and contain the specific reason(s) for the denial. In addition, a Certificate of Collection Box Maintenance may be denied or revoked by the Building Official where a co-box controller fails to respond within 60 days after written notice of a required inspection under Subsection 8-15-34(d) of this Code.
(c) A co-box controller aggrieved by denial or revocation of a Certificate of Collection Box Maintenance shall be entitled to a hearing before a hearing officer designed by the Director of the Department of Appeals and Hearings. A request for a hearing on the denial or revocation of a Certificate of Collection Box Maintenance shall be in writing addressed to the Director of the Buildings, Safety Engineering, and Environmental Department and must be made within seven days after the date of the notice of denial of the Certificate. A hearing pursuant to a timely request shall be scheduled at the earliest possible date, but not sooner than seven or later than 30 days after the receipt of the request for a hearing. The Buildings, Safety Engineering, and Environmental Department shall notify the co-box controller and the appropriate City departments of the hearing at least seven days prior to the hearing. The hearing may be adjourned only by agreement of the parties or, upon cause shown, by order of the Director of the Buildings, Safety Engineering, and Environmental Department or the hearing officer.
(d) At the hearing, the Buildings, Safety Engineering, and Environmental Department shall present relevant evidence to show the co-box controller’s failure to comply with the requirements of this article. The co-box controller shall be given an opportunity at the hearing to present relevant evidence in support of the continuation or issuance of the Certificate of Collection Box Maintenance. A decision based upon preponderance of the evidence shall be issued in writing to the Buildings, Safety Engineering, and Environmental Department and to the co-box controller within ten days after the hearing.
(e) Where the co-box controller does not request a hearing within the seven day period after receiving notice of denial or revocation of the Certificate of Collection Box Maintenance, the denial or revocation shall be deemed final seven days after the date of notice of denial or revocation of the Certificate of Collection Box Maintenance. Where the co-box controller requests a hearing but does not appear, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the hearing was scheduled. Where a hearing is conducted but the decision sustains the denial of the Certificate of Collection Box Maintenance, the denial of the Certificate of Collection Box Maintenance shall be deemed final and effective at the end of the business day on which the decision was issued.
(f) The hearing shall be conducted in accordance with the procedural administrative rules that are promulgated in accordance with Section 2-111 of the Charter.
(g) Upon final denial or revocation of a Certificate of Collection Box Maintenance, as provided for in Subsection (d) of this section, the Buildings, Safety Engineering, and Environmental Department shall deliver, to the co-box controller and the owner, authorized agent, or legal entity in control or lawful possession of the premises, a written notice that the co box controller’s Certificate of Collection Box Maintenance has been denied. Notice may be delivered via U.S. Mail, via electronic mail, via text message, or in person.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).
The Director of the Buildings, Safety Engineering, and Environmental Department is authorized, in accordance with Section 2-111 of the charter, to promulgate administrative rules for the denial and revocation of a Certificate of Collection Box Maintenance.
Codified by Ord. No. 2021-32 (JCC 7/20/2021, Passed 9/21/2021, Approved 9/22/2021, Published 10/22/2021, Effective 10/22/2021).