(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).