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).