AN ORDINANCE TO ESTABLISH A STANDARD FOR THE MAINTENANCE OF SANITARY AND SAFE RESIDENTIAL RENTAL STRUCTURES IN THE TOWNSHIP FOR THE GENERAL HEALTH, SAFETY, AND WELFARE OF ALL ITS CITIZENS. IT IS DESIGNED TO PROMOTE THE CONTINUED MAINTENANCE OF QUALITY AND SAFE RENTAL PROPERTIES AND TO ENHANCE AND MAINTAIN PROPERTY VALUES.
NOW, THEREFORE, THE TOWNSHIP OF MARCELLUS, MICHIGAN, HEREBY ORDAINS:
ARTICLE I REGISTRATION OF RESIDENTIAL RENTAL DWELLING UNITS
Section I Title
This ordinance shall be known as the Marcellus Township Long Term Residential Rental Ordinance.
Section 2 Definitions
The following words, terms, and phrases when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
PROPERTY MANAGER/AGENT: An individual designated to oversee the operations of the rental unit in accordance with this Ordinance and to respond to calls and complaints from renters, citizens, and the Townships representatives.
LONG-TERM RENTAL UNIT: A property that offers the rental of a dwelling unit for compensation for twenty-nine (29) consecutive days or more to the same tenant.
OWNER: Any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common, or as a land contract vendee, trust or other legal entity.
RESIDENTAL RENTAL DWELLING UNIT: Distinct individual living quarters within a building intended for occupancy by a person or persons other than the owner and the family of the owner. A dwelling unit rented for twenty-nine (29) consecutive days or more to the same tenant for which compensation of any kind is paid. Single family residences, duplexes, apartments, and rooming/boarding houses may all contain and be classified as rental units.
ROOMING/BOARDING HOUSE: A residential building where rooms or suites of rooms are rented with renters using common facilities, such as hallways or bathrooms. A rooming house shall not include hotels, motels, apartments houses, two and multi-family dwellings.
Section 3 Initial Registration
Within ninety (90) days of the effective date of this article, all buildings containing residential rental dwelling units within the limits of the Township shall be registered with Marcellus Township on a form provided by Marcellus Township. Units must be registered by the owner or the owner’s property manager/agent as defined in this article.
Section 4 Follow-Up Registration
Following the initial 90-day registration period, residential dwelling units shall be registered as follows:
• A residential rental dwelling/building/unit sold, transferred, or conveyed shall be re registered by the new owner within thirty (30) days of the date of the deed, land contract, or other instrument of conveyance. At that time the units will be removed from the previous owner’s registration;
• Any nonrental residential dwelling unit converted to a residential rental dwelling unit shall be registered prior to the date it is occupied for rental purposes.
Section 5 Registration Information
The following information shall be provided by the owner or owner’s property manager/agent at the time of registration:
• Owners name, address, phone number, and email address
• Property Manager/ Agent’s (if applicable) name, address, phone number, and email address
• Address of each building owned (deeded or land contract) by the registrant containing residential rental dwelling unit(s) (includes multi-unit building in which the owner lives);
• The number and identifying address of each residential rental dwelling unit for buildings conta1ning more than one (1) dwelling unit;
• Signature of owner or property manager/ agent attesting to the truthfulness of the information provided. If signed by the owner, said owner being a company, corporation, or governmental or private agency, only a duly authorized officer or administrator may sign the registration form.
Section 6 Changes in Registration Information
Changes in the registration information, other than those listed in this section, shall be provided in writing to Marcellus Township.
Section 7 Fees; Late Fees
There shall be an administrative fee per unit for the registration, re-registration, transfer of ownership, rental unit inspection, and reinspection after failure of each residential rental dwelling unit. If residential dwelling unit is not registered in the time-period established by Marcellus Township specified in section 3 and section 4, then a late fee per rental dwelling unit shall be applied as established by Marcellus Township and shall be paid by the owner of same as defined herein.
Other fees shall be enforced per the requirements of other sections in this ordinance.
Section 8 Maintenance of Records
The Marcellus Township Zoning Administrator shall be responsible for maintaining all residential rental dwelling unit registration data including the number of residential rental units in the Township, type (single family, duplex, multi-unit, apartment complexes, rooming houses, etc.), and the number and type of units added to or deleted from the registration roster.
Section 9 Penalty for Failure to Comply
Failure to register a residential rental dwelling unit(s) within the applicable time period prescribed in this article shall constitute a misdemeanor, which upon conviction thereof, shall subject the violator to a fine of up to $500.00 per unregistered residential rental dwelling unit.
ARTICLE 2 MANDATORY INSPECTION OF RESIDENTIAL RENTAL PROPERTIES INTENT
The Township of Marcellus recognizes the importance of the rental housing segment of the overall Township housing stock in as much as it provides housing options and opportunities to those citizens of the community who are unable to attain or do not desire home ownership. As the entity responsible for enforcement of the building and housing codes, it is in the interest of the Township to ensure that all rental residential units, structures, and grounds leased for occupancy to the general public are in compliance with the minimum property maintenance standards adopted and enforced by the Township of Marcellus. Benefits to the Township include:
• Protection of the health, safety, and welfare of residents of rental properties and adjacent properties. Existing structures and premises not in compliance will be repaired to provide a minimum level of health and safety as required herein;
• Maintenance of property values and “quality of life” within the immediate areas in which residential rental units are located;
• Enforcement of common minimum standards for all residential rental units, structures, and premises.
Section 1 Definitions
As used in this article, the following words shall have the meanings ascribed to them in this section, unless context clearly indicates otherwise:
ZONING ADMINISTRATOR I ZONING OFFICE:
The department of the Township responsible for the daily administration of the rental inspection program including scheduling of appointments, inspections, re-inspections, and record keeping. References to the Zoning Administrator or the Zoning Administrators Office are interchangeable and include the Townships Zoning officials.
CERTIFICATE OF COMPLIANCE: Official document stating that a residential rental dwelling unit and/or structure meets the minimum standards established by the Township for occupancy.
PROPERTY MANAGER/ AGENT:
An individual designated to oversee the operations of the rental unit in accordance with this Ordinance and to respond to calls and complaints from renters, citizens, and the Township’s representatives.
OWNER: Any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common, or as a land contract vendee, trust or other legal entity.
RESIDENTIAL RENTAL DWELLING STRUCTURE:
Any building containing one or more residential rental dwelling units including any common areas accessible to all residents of all residential rental units within the building, restricted or non-accessible portions of the structure and the building exterior.
RESIDENTIAL RENTAL DWELLING UNIT: Distinct individual living quarters within a building intended for occupancy by a person or persons other than the owner and the family of the owner. A dwelling unit rented for twenty-nine (29) consecutive days or more to the same tenant for which compensation of any kind is paid. Single family residences, duplexes, apartments, and rooming/boarding houses may all contain and be classified as rental units.
RESIDENTIAL RENTAL PREMISES: The site upon which a residential rental dwelling unit or structure is located including but not limited to, yards, walkways, driveways, patios, decks, accessory structures, fences, and landscaping.
Section 2 Certificate of Compliance Required
No person shall lease, rent, or cause to be occupied a residential rental dwelling unit and/ or structure unless a valid certificate of compliance is issued by the Township in the name of the owner and/ or property manager/ agent for the specific rental structure and each residential rental dwelling unit. A certificate shall be issued only upon the successful completion of an inspection of the rental dwelling unit and/or structure by the Township Zoning Administrator and other inspectors as may be deemed necessary. The certificate shall be retained by the property owner or property manager/ agent and produced upon request. A copy shall be provided to each lessee.
A certificate of compliance shall be valid for a period of one (1) year from the date of issuance unless revoked by the Township.
A certificate of compliance cannot be issued for a residential rental unit unless it is registered with the Township.
Section 3 Affected and Exempt Units/Structures
All single, duplex, and multi-family rental units and structures, including rooming/boarding houses located within the Township, shall comply with the requirements of this article except as specifically exempted below:
Exemptions:
One-time exception. Any rental unit listed above, which within the previous six-month period prior to a scheduled inspection has been:
• Inspected and approved by the Zoning Administrator
• Issued a certificate of occupancy by the Zoning Administrator
Such units will be issued a one (1) year certificate of compliance without additional inspection.
Permanent Exemptions. The following are permanently exempted from the requirements of this article:
• All residential rental units and/ or complexes currently inspected by the Federal Housing and Urban Development Department (HUD) or the Federal Housing Administration (FHA). Proof of inspection compliance must be provided.
• Hotels, motels, and bed and breakfast establishments as classified in the Michigan Building Code, as amended.
• Homeless Shelters
Section 4 Basis for Inspection
The Township, through its Zoning Administrator shall have authority to inspect and residential rental dwelling unit or structure under the following situations:
• In the course of an initial scheduled inspection and annual renewal inspection to receive and maintain a certificate of compliance;
• Upon request by the property owner or property manager/agent to inspect a unit(s) and/or structure;
• Upon request by a tenant to inspect a unit or structure;
• Upon receipt of information that a unit or units are not registered with the Township
• Upon knowledge of an imminent life or safety danger
Section 5 Inspection Criteria
The Township shall utilize the “International Property Maintenance Code”, published by the International Code Council and adopted by the Township as the established standards for the inspection of residential rental units.
The Township Zoning Administrator shall prepare a standardized checklist of items to be inspected consistent with the standards of the “International Property Maintenance Code”. The checklist shall be available to all residential rental property owners and tenants prior to an inspection.
Section 6 Inspection Procedures
For the initial round of inspections, the Zoning Administrator’s Office shall prepare an inspection schedule for existing residential rental dwelling units and structures presently registered with the Township. The schedule shall be based on a one (1) year inspection cycle.
At least thirty (30) days prior to an inspection or inspections, the Zoning Administrator Office shall send in writing, a notification to the property owner or property manager/ agent including the date and the unit or units to be inspected. It shall be the responsibility of the property owner or property manager/agent to notify the affected tenant(s). The property owner or property manager/agent may request a change in the inspection appointment no less than ten (10) days prior to the scheduled inspection. In the event a property owner, property manager/ agent, or tenant learns that he/ she cannot be present at the scheduled appointment, the Zoning Administrator must be notified at least 24 Hours in advance. A new inspection appointment shall be scheduled no more than thirty (30) days from the original appointment. A missed appointment by a property owner or property manager/agent shall be rescheduled by the Township, and a “missed appointment fee” as listed in the Townships Fee Schedule shall be imposed.
A property owner, property manager/agent, or tenant shall provide access to his/her residential rental dwelling unit(s) and/ or structure(s). An individual refusing entry shall be notified of the Townships authority to inspect the property and that it will take appropriate and necessary action, including but not limited to issuance of a citation, obtaining a search warrant, posting the unit as uninhabitable and/or instituting other legal action.
A unit in compliance with the requirements included in the inspection checklist shall be issued a Certificate of Compliance valid for a period of one (1) year from the date of issuance unless revoked by the Township.
For units with code violations, the zoning administrator shall provide a written notice of the noted code violations to the property owner or property manager/agent, who shall have thirty (30) days from the receipt of the notice to correct said code violations. More time may be granted by the Zoning Administrator in those situations in which the property owner or property manager/ agent can demonstrate a justifiable need and the additional time will not result in conditions deteriorating further. Less time may also be specified for life or health threating situations. If any violation remains uncorrected following the allotted repair time, an additional (10) days may be granted; however, a re-inspection fee shall be imposed for each subsequent re-inspection. The re-inspection fee shall be paid prior to the inspection.
Decisions of the Zoning Administrator may be appealed to the Zoning Board of Appeals.
The Township Zoning Administrator shall be responsible for scheduling renewal inspections at least forty-five (45) days prior to the expiration of a certificate of compliance.
Section 7 Revocation of Certificate of Compliance
A certificate of compliance may be revoked by the Zoning Administrator under the following circumstances:
• A residential dwelling unit or structure is not operated as a rental unit or structure for ninety (90) consecutive days and/or is removed by the property owner or property manager/ agent from the Townships rental registration list. A new certificate of compliance must be obtained including the required inspection prior to occupancy.
• A property owner or property manager/agent has failed to correct code violations within the required timeframe and has been officially cited by the Township or by other legal action.
Section 8 Appeals Process
A property owner or property manager I agent disagreeing with the decision of the Zoning Administrator relative to the existence of a violation or the timeframe in which to make corrections, may appeal that decision to the Zoning Board of Appeals hereby designated to hear such appeals. A tenant of a rental dwelling unit shall have standing to appeal a notice or order to vacate a residential rental dwelling unit.
The Township Zoning Board of appeals shall meet on an as needed basis.
A property owner, property manager/ agent, or tenant requesting an appeal shall submit a written request on a form provided by the Township Zoning Administrator with the appropriate fee within ten (10) days after receipt of a notice of violation, or within the time allotted for taking any action indicated on a notice or order, whichever is shorter. The decision or order of the Zoning Administrator shall be held in abeyance until it is acted upon by the Zoning Board of Appeals.
The Zoning Board of Appeals shall convene within fifteen (15) working days with notice served to the appealing party of the date, time and location of the hearing. The board shall hear testimony and argument from the appealing party and the Zoning Official shall by the majority vote, render a decision on the question at hand. The decision of the Zoning Board of Appeals shall be binding on all parties.
Section 9 Fees
Fees for inspections, missed appointments, re-inspections, late fees, and appeals shall be as prescribed in the Township fee schedule. All fees shall be paid prior to inspections being performed. A late fee shall be charged for all inspection fees not paid prior to the inspection through ten (10) days after the inspection is performed. Fees remaining unpaid more than ten (10) days following the inspection shall be charged an additional late fee and all accumulative charges may be added to the tax rolls relative property(s), and such charges shall become a lien in the same manner as the regular taxes applied such premises, until such charges are paid. Other fees shall be enforced for other sections of this Ordinance.
Section 10 Failure to Comply
Failure or refusal to have residential units inspected in accordance with this article, or failure to comply with any provision of this article or notice given pursuant hereto, shall constitute a citation which may impose a fine of $500.00
Section 11 Enforcement Authorization
The Township Zoning Administrator, Township Building Inspector, Fire Marshal, Law Enforcement Agencies, are authorized to enforce the provisions of this article and issue citations pursuant hereto.
Section 12 Program Implementation
The Township of Marcellus under direction of the Marcellus Township Zoning Administrator shall be responsible for the implementation and ongoing operation of the county rental housing inspection program.
Motion by: Koshar
Seconded by: Plummer
Ayes – Koshar, Plummer, Hess, Schick, Mroz Nays-None
Absent – None Abstain – None
Ordinance declared adopted Date: June 17, 2025
Darcie Plummer
Marcellus Township Clerk
###
Leave a Reply
You must be logged in to post a comment.