For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Certificate of Approval means a certificate issued by the Buildings, Safety Engineering, and Environmental Department pursuant to 22-4-5(a) of this Code for a rehabilitated facility or a certificate issued by the Buildings, Safety Engineering, and Environmental Department pursuant to Section 22-4-5(c) of this Code for a new facility.
Commission means the State Tax Commission created by the Michigan Tax Commission Act, being MCL 209.101 et seq.
Condominium unit means that portion of a structure intended for separate ownership, intended for residential use, and established pursuant to the Michigan Condominium Act, being MCL 559.101 to 559.276, which, within a qualified historic building, may be held under common ownership.
Dwelling means a new facility, a homestead facility, or a rehabilitated facility or a unit in a new facility, a homestead facility, or a rehabilitated facility for which a neighborhood enterprise zone certificate is in effect
Homestead facility means an existing structure, purchased by or transferred to an owner after December 31, 1996, that has as its primary purpose residential housing consisting of one or two units, one of which is occupied by an owner as the owner’s principal residence and that is located within a subdivision platted pursuant to state law before January 1, 1968, other than an existing structure for which a certificate will or has been issued after December 31, 2006, in a city with a population of 750,000 or more, is located within a subdivision platted pursuant to state law before January 1, 1968.
Neighborhood enterprise zone certificate means a certificate issued by the Commission pursuant to the Michigan Neighborhood Enterprise Zone Act, being MCL 207.771 et seq.
New facility means one or both of the following:
(1) A new structure or a portion of a new structure that has as its primary purpose residential housing consisting of one or two units, one of which is or will be occupied by an owner as the owner’s principal residence; or a model home or a model condominium unit; or a new individual condominium unit, in a structure with one or more condominium units, that has as its primary purpose residential housing and that is or will be occupied by an owner as the owner’s principal residence, but, except as provided in Subsection (2) of this definition, does not mean apartments.
(2) A new structure or a portion of a new structure that meets all of the following:
a. Is rented or leased or is available for rent or lease; and
b. Is a mixed use building or located in a mixed use building that contains retail business space on the street level floor; and
c. Is located in a qualified downtown revitalization district.
Owner means the record title holder of, or the vendee of the original land contract pertaining to a new facility, a homestead facility, or a rehabilitated facility for which a neighborhood enterprise zone certificate is applied for or is issued.
Qualified historic building means a property within a neighborhood enterprise zone that has been designated a historic resource as defined under Section 266 of the Michigan Income Tax Act of 1967, being MCL 206.266.
Rehabilitated facility means an existing structure with a current true cash value of $80,000.00 or less per unit that has or will have as its primary purpose residential housing consisting of one to eight units, the owner of which proposes improvements that, if done by a licensed contractor, would cost in excess of $5,000.00 per owner-occupied or 50 percent of the true cash value, whichever is less, or $7,500.00 per non-owner-occupied unit or 50 percent of the true cash value, whichever is less, or the owner proposes improvements that would be done by the owner and not a licensed contractor and the cost of the materials would be in excess of $3,000.00 per owner-occupied unit or $4,500.00 per owner-occupied unit and will bring the structure into conformance with minimum standards for occupancy under Chapter 8 of this Code, Building Construction and Property Maintenance or improve the livability of the units while meeting minimum standards under Chapter 8 of this Code, Building Construction and Property Maintenance, or an individual condominium unit, in a structure with one or more condominium units, that has as its primary purpose residential housing, the owner of which proposes the above-described improvements, or existing or proposed condominium in a qualified historic building with one or more existing or proposed condominium units, which may contain multiple rehabilitation facilities, but does not mean a facility rehabilitated with the proceeds of an insurance policy for property or casualty loss.
Sale or transfer means to convey any interest in a dwelling except by lease, mortgage, device, bequest or lien foreclosure. A sale or transfer shall be deemed to occur upon the transfer of title, the execution of a land contract, or the exercise of an option to purchase a dwelling.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) It shall be unlawful for any person to violate any provision of this article, or to aid and abet another to violate such provision.
(b) Any person who violates this article, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this article, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
A penalty created by this article shall not limit or derogate any other statutory or common law right or action.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
It shall be unlawful to sell or transfer, or act as a broker for a sale or transfer of a dwelling for which a neighborhood enterprise zone certificate is in effect unless a valid Certificate of Approval is tendered to the purchaser or transferee at the time of the sale.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) The Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Approval on a rehabilitated facility only after the dwelling has been inspected and found to conform with Chapter 8 of this Code, Building Construction and Property Maintenance. The inspection report shall be issued only after the Buildings, Safety Engineering, and Environmental Department has inspected the dwelling, and shall note any deficiencies.
(b) Applications for Certificates of Approval or inspection reports shall be available at the Buildings, Safety Engineering, and Environmental Department and shall be filed with the Buildings, Safety Engineering, and Environmental Department. In accordance with Section 8-6-8 of this Code, the Buildings, Safety Engineering, and Environmental Department shall obtain payment of any required fees for inspections made pursuant to this article.
(c) The Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Approval on a new facility only after the dwelling has been inspected and determined to conform with all applicable construction codes under Chapter 8 of this Code, Building Construction and Property Maintenance.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) A Certificate of Approval or inspection report shall be valid for six months from the date of issuance, except for any dwelling for which a certificate or report is issued that was occupied at the time of issuance. In which case, the certificate or report shall be valid during the period of continuous occupancy, but not to exceed 24 months. A Certificate of Approval is not a warranty or guarantee that the dwelling is defect free, and the City shall not be held responsible for defects omitted from the inspection report.
(b) Beginning in calendar year 2020 and then every five years thereafter, the City Council shall review maps provided by the Assessor’s Office that are associated with current Neighborhood Enterprise Zones.
(1) This review shall include, at minimum, each of the following;
a. Uptake rate within established zones (ratio of current NEZ H certificates and active Principal Residency Exemptions);
b. Financial impact of new zones on all ad valorem taxing authorities; and
c. Other pertinent information related to neighborhood stabilization including, but not limited to:
i. current assessed value:
ii. length of residency:
iii. market sale comparables:
iv. effective property tax rate (ratio of current property tax payment and assessed value); and
v. current certificate expiration dates.
(2) City Council may opine, by adoption of a resolution outlining its findings on each of the criteria listed in subpart (1), whether the maps need to be modified or maintained in their current configuration.
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. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).