Rental/Lease Housing Maintenance Ordinance
ADOPTED: June 25, 2024
EFFECTIVE: August 3, 2024
An ordinance to secure the public health, safety and welfare of the people of the Village of Marcellus by establishing the minimum standards for the condition, care and maintenance of residential housing under rent or leasing agreements; to authorize the inspection of all residential housing rental/lease properties and establish license/registration and inspection fees and to establish the notice procedures, enforcements and penalties in case of violation of this ordinance to empower and authorize the Village of Marcellus Council to review, revise, alter or amend such license/registration and inspection fees and nonjudicial penalties set forth in this ordinance from time to time as may be necessary and appropriate and adopt the same by resolution and repeal all ordinances or parts of ordinances contrary to or inconsistent therewith, including ordinance No. 228.
The Village of Marcellus Ordains:
Section 1 – Title
This ordinance shall be known and may be cited as the Village of Marcellus Rental/Lease Housing Maintenance Ordinance.
Section 2 – Purpose
The purpose of this ordinance is to promote greater compliance with health and safety standards to reduce substandard conditions in residential rental/lease housing by requiring the registration, licensing, and inspection of all residential rental/lease housing, as well as the structures in which they are situated, and any structures associated with the housing unit; directing and requiring specified inspections thereof; establishing enforcement and notice procedures; providing for civil penalties for the violation of this ordinance; and to protect the integrity of rental/lease housing in the Village of Marcellus.
Under the Rental/Lease Housing Maintenance Ordinance, property owners (landlords) shall be required to register their rental/lease units on or before January 3rd of each year. At that time, the owner shall request an inspection. Inspection of the property shall be completed immediately following initial registration and before expiration of the Village’s Certificate of Approval. Once a satisfactory inspection is completed, a license shall be issued and valid for two (2) years, unless suspended or revoked for violations. Please note that a license shall not be issued if there are any outstanding taxes, permit fees, inspection fees, water fees, sewer fees, garbage collection and recycling fees or any other delinquent municipal claim. If any dwelling unit or complex shall be subject to periodic physical inspections from another governmental unit, such as Farmers Home Administration, the U.S. Department of Housing and Urban Development, etc., the Authorized Official shall waive its inspection requirements.
Section 3 – Definitions
As used in this ordinance, the following words and terms shall be defined or shall include, in addition to any general and customarily used meaning or definition, the following:
A. Apartment House: Any building, or portion thereof, which is designed, built, rented or leased to be occupied as a home or residential unit of two or more families, independent of each other and doing their own cooking, and shall include flats and apartments.
B. Building Inspector: As used in the ordinance, the duly authorized representative of the Village of Marcellus, charged by the Village Council with the administration, inspection and enforcement of the provisions of this ordinance.
C. Electrical System: Shall include all the following supplied facilities, equipment and the operation thereof; electrical wiring, electrical distribution systems, electrical protection systems and any device or system used to connect electrical wiring together for any device/system using electricity.
D. Habitable Room: Any room which meets all light, ventilation and area standards.
E. Heating System: A device or system designed or used to provide rooms of a housing unit with a minimum interior temperature of 65°-75°F.
F. Landlord: The owner, manager, rental/lease agent, partnership or corporation who rents or leases a residential premises, building or apartment to a tenant.
G. Occupant: Any person living and sleeping in a residential housing dwelling unit or having actual possession of such a unit.
H. Plumbing: All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, incinerators, waste pipes, water closets, sinks, dishwashers, lavatories, bathtubs, shower baths, shower stalls, clothes-washing and drying machines, catch basins, drains, vents and any other similar supplies and fixtures, together with all connections to water, sewer or gas lines and water pipes and lines, including those utilized in conjunction with air-conditioning equipment.
I. Rental/Lease Dwelling Unit: A collection of rooms, in a building or structure, which is intended to be occupied by a tenant, and/or those persons occupying the premises with him/her, as a place of habitation, residence or domicile. An apartment, flat, house, or other area designed or used by a person or persons, to live in and sleep in, to do their cooking, with its own water and toilet facilities, separate from other persons, whether in the same building or in a separate building.
A facility which only provides sleeping rooms, with common toilet facilities and no cooking facilities shall be considered as a rental/lease dwelling unit under this ordinance.
J. Rented/Leased: Means any dwelling unit legally occupied by a person other than the owner or other than the mother, father or child of the owner.
K. Rubbish: Shall include, but not limited to, any combustible or non-combustible waste materials, garbage, and food, products and not be restricted to paper, rags, cartons, boxes, wood, building materials, glass and residue of the burning of combustible materials.
L. Tenants: Is any person, other than a legal or equitable title holder, occupying or possessing a dwelling or part thereof: other than the mother, father or child of the owner.
M. Unfit for Human Habitation: Any dwelling unit or habitable room, which because of its condition or the condition of the structure in which it is situated or the condition of the lot on which the dwelling unit sits, renders it a danger to life, safety or general welfare of the occupants or the public, shall be deemed unfit for human occupation.
Section 4 – Minimum Property Standards for Rental/Lease Property
The following are the basic minimum property standards for a rental/lease residential housing/dwelling unit in the Village of Marcellus. Every rental/lease residential housing/dwelling unit must meet these standards and contain the basic equipment and facilities specified in this Section:
A. Building Codes – Every unit and structure shall comply with all applicable building codes and other ordinances adopted or hereinafter adopted by the Village of Marcellus as minimum building and use requirements and incorporated in this ordinance.
B. Cleanliness of Dwelling – Every dwelling unit, apartment, multiple dwelling unit, and every part thereof, shall be kept clean and shall also be kept free of any accumulation of filth, rubbish, garbage, and other matter in or on the same, or in the yards, passages or hallways belonging to the same, including the immediate property surrounding the dwelling unit.
C. Electrical Service – Every existing kitchen and habitable room in the dwelling unit shall contain at least two separate floor or wall electrical outlets. All outlets and fixtures shall be installed and maintained in a good working condition and shall be connected to an outside source of electrical power in a safe and good working condition.
D. Exterior Structure –
1. Structures: Every foundation wall and roof shall be reasonably weather-tight, water-tight and rodent-proof, shall be capable of privacy and kept in good repair. The foundation elements shall adequately support the building/structure at all points.
Every exterior wall and trim must be sufficiently painted, shall be free of holes, breaks or rotting boards, timbers and any other condition which would admit rain or dampness, cause deterioration or which might provide harborage for rodents, insects and other carriers of disease. The roof shall be structurally sound, tight and have no defects which would admit rain, snow or ice.
2. Exterior Attachments: Exterior attachments to basic structural elements, including but not limited to, gutters, downspouts, screening, vents, antennae, awnings and utility connections, etc., shall be in good repair.
3. Stairs, Decks and Porches: Every inside and outside stair, every porch, and every deck, shall be constructed to be safe to use and capable of supporting the loads to which they are subjected; and shall be kept in sound condition and good repair. In case of a flight of stairs with more than three (3) risers, the Building Inspector may require a handrail. Such handrails shall be firmly fastened and shall be maintained in good condition.
4. Openings: Every window, exterior door, and basement exterior door and their frames shall be substantially tight and shall be kept in sound condition and repair as to be weatherproof. All exterior windows will be equipped with screens to keep out rodents, insects and other carriers of disease. Screen maintenance is a tenant/lessee’s responsibility after initial inspection.
5. Chimneys: All chimneys shall be properly lined, in sound condition and free of holes or breaks.
6. Street Numbers: All buildings or premises shall bear and display the distinctive street/house number assigned to that premises by the Village of Marcellus or Cass County Information Systems and recognized by the United States Postal Service, Cass County Information Systems and the Cass County Central Dispatch governing board.
E. Habitable Rooms – Every dwelling unit shall have at least two (2) habitable rooms. Any room used as a bedroom or for sleeping purposes shall be a habitable room containing adequate space to maintain safe and sanitary conditions for the number of occupants sleeping in that room. Habitable rooms must meet all lights, ventilation and area standards of this ordinance, and must comply with the Village of Marcellus IPMC Ordinance requirements for minimum bedroom sizes for each person(s) and including requirements that the entire unit must possess the minimum square footage as required by the Village’s IPMC Ordinance.
F. Heating Facilities – Every dwelling unit shall have adequate heating facilities which must be maintained in safe and good working condition, and capable of adequately heating all habitable areas of the dwelling unit to a minimum of 65° F. Portable heating equipment employing a flame and portable heating equipment using gasoline or kerosene as a fuel are prohibited.
G. Infestation – Every dwelling unit, apartment, multiple dwelling unit, and every part thereof, shall be kept free of uncaged rodents, other similar pests, uncaged birds, cockroaches, fleas, lice, bedbugs and other insects and vermin.
H. Kitchen – Every dwelling unit having food preparation facilities shall have in the food preparation area the following equipment in full and proper working condition: A sink connected to the municipal water and sewer system, when available, and either a stove and refrigerator or a place in which said appliances, (if appliances are to be provided by the tenant) may/can be located.
I. Lighting and Public Halls – Every public/common hall and /or stairway in an apartment house or multiple dwelling unit shall always have adequate light, and/or lighting fixtures maintained by the Landlord.
J. Smoke/Carbon Monoxide Detectors- Each individual unit shall have a carbon monoxide tester. Each individual rental/leased unit, apartment house or multiple dwelling unit shall have a smoke detector on every level of the premises. Every apartment house or multiple dwelling unit shall have a smoke detector in each hallway serving one (1) or more individual housing units. Each smoke detector and carbon monoxide detector shall be inspected at such time as the building is inspected, and the working order of the detectors shall be indicated on the inspection form. Tenants are responsible for maintaining smoke detectors and carbon monoxide detectors, keeping them in working order after initial inspection.
K. Toilet, Lavatory, and Bath– Every dwelling unit shall contain a separate room which affords privacy to a person within said room and which is equipped with a flush toilet, a lavatory basin and bathtub or shower, all in good working condition and connected to the water and sewer systems where available.
L. Unsafe Dwellings- No responsible party shall keep or maintain a dwelling unit that is in unsafe condition due to, but not limited to, the following:
1. Unsanitary conditions (tenant responsibility)
2. Inadequate exit facilities
3. Existence of a fire hazard,
4. Any condition which is dangerous to human life or the public welfare or
5. Maintenance Building code
M. Ventilation- Every habitable room on an outside wall of the dwelling shall have at least one window or skylight which can be easily opened for adequate ventilation and is approved by the Village’s Authorized Official.
N. Water Heating Facilities- Each kitchen and bath of each dwelling unit shall have hot and cold running water, installed, in good working condition, in sufficient quantity and connected to water and sewer systems.
Section 5 – Application For Registrations, Physical Inspection;
Certification of Approval/Permit of Occupancy (License)
A. Each owner, agent or landlord of one (1) or more residential housing/dwelling units and their successors and assigns shall on or before January 3rd of each year, and biennially thereafter, file with the Village of Marcellus an Application for Registration for a Residential Housing/Dwelling Rental/Lease Unit and shall only be issued a Certificate of Approval/Permit of Occupancy for such units after inspections and remediation of discrepancies, if any. Fees for registration, inspection complaint inspections and re-inspections shall be as provided by resolution of the Village Council.
B. Such Certificates shall have a life/term of two (2) years, from the date of issue, unless suspended or revoked for violations.
C. Not less than sixty (60) days prior to the expiration of any such Certificate, each then said owner, agent or landlord shall apply for a new/renewal Certificate.
Section 6 – Landlord-Tenant Relations
All residential housing tenancies, and all relations between landlords and residential tenants shall be governed by and construed in accordance with the State of Michigan Landlord-Tenant Relationship Act, being 1972 Public Act 348, as amended, which is incorporated herein by reference and any violation thereof is a civil infraction violation of this ordinance.
Section 7 – Responsibilities of Owners and Landlords
Each Landlord or Owner of Residential Housing/Dwelling Rental/Lease Units shall be responsible for the following:
A. Compliance with Minimum Standards– No residential dwelling unit shall be let, rented or leased, nor shall any tenant or other party be allowed to occupy the dwelling unit, unless said unit shall comply with the minimum standards as provided by the ordinance.
B. Certificate of Approval- No residential dwelling or residential dwelling unit shall be let, rented, or leased, nor shall any tenant or other party be allowed to occupy the dwelling unit, unless said unit shall have been inspected and a CERTIFICATE OF APPROVAL issued by the Village of Marcellus as hereinafter provided. The owner, agent, landlord, or property owner shall have the duty of contacting the Village’s Authorized Official to request an inspection.
C. Discontinuance of Services– No owner, agent or landlord shall cause any service, facility, equipment or utility which is required under this ordinance to be furnished by the landlord or which the owner, agent or landlord has agreed to furnish to the tenant, to be removed from, discontinued or disconnected from the dwelling unit occupied by the tenant, except in the case of an extreme emergency or when necessary while actual repairs and alterations are in process. This provision shall not apply when, and under such cases, where the tenant, under the terms of a lease or rental/lease contract or agreement, has expressly assumed payment for the services or the utility in writing by the tenant under the terms of a lease or rental/lease contract agreement.
D.A regular scheduled service for the pick-up and removal of trash, rubbish and garbage shall be maintained either by the owner, agent, landlord or by the renter/lessee with a provision in the contract so as to allow or permit no accumulation of such trash, rubbish and garbage for more than seven (7) days.
Section 8 – Application for Rental/Lease Dwelling Permits, Fees, and Inspections
A. Registration of Existing Dwelling Units-
1. On or before January 3rd of each year, each owner, agent or landlord of any existing residential dwelling unit shall register his/her dwelling unit(s) with the Authorized Official and make/file an application for an inspection of the premises by the Authorized Official. Said registration and application for inspection shall be on the forms provided by the Village and shall contain the name, address and telephone number of the owner, agent and landlord. The forms shall describe the premises of the unit being let, and other information as required by the Village. Inspection of the rented/leased unit shall be completed immediately following initial registration and before expiration of Certificate of Approval.
2. A copy of this Inspection Report shall be provided to the owner, agent or landlord and filed with the Village. If the Authorized Official finds that the premises meet all the requirements and criteria of other appropriate Village, State, or Federal ordinance/statutes, the Authorized Official shall issue a CERTIFICATE OF APPROVAL for each such structure and for each individual housing unit.
3. If the Authorized Official determines that the premises do not meet all the requirements and criteria provided by this ordinance and criteria of other Village, State, or Federal ordinances/statutes, the owner, agent or landlord shall be given Notice of Discrepancies. The owner, agent or landlord shall have 30 to 60 days, or the time limit given by the Village’s Authorized Official, if a contractor is required, except in a case of health or safety violations, to correct or alleviate any noted discrepancy.
4. The Village may keep and maintain a registry of all rental/lease units issued with a Certificate of Approval. If any unit shall not pass the initial inspection, and requires re-inspection, sub-sequent re-inspection fees must be paid prior to re-inspection.
5. IT SHALL BE THE RESPONSIBILITY OF THE OWNER, AGENT, OR LANDLORD TO SET A CONVENIENT DATE WITH THE VILLGE’S AUTHORIZED OFFICIAL FOR INSPECTION WITHIN TEN (10) DAYS OF NOTIFICATION.
6. Landlords must register their residential housing/dwelling properties and arrange for an inspection with the Village’s Authorized Official.
B. Inspection- Upon receipt of the initial Application for Registration from an owner, agent, or landlord, the Village’s Authorized Official, shall make a physical inspection of each rental/lease housing unit, together with the building and/or structure in which said units are situated.
Biennial Fees for Rental/Lease Structures
Biennial fees for residential, single family and multi-family rental/lease structures shall be determined from time to time by the Village and adopted by resolution of the Marcellus Village Council.
If a property does not pass initial inspection, there will be a per-unit re-inspection fee as listed in the fee structure. If a property fails to pass again, the third and any additional inspections shall include additional reinspection fee(s) as outlined in the fee structure. All fees for failing to have a property inspected are still applicable. If a complaint is filed regarding a rental/lease property, the Village has the right to inspect the unit at any time, upon giving notice to the landlord. If the units fail inspection, the inspection fees listed in the fee structure shall apply. These fees are in addition to any summons, fines, etc., that may be incurred.
C. Frequency of Inspection- Unless a complaint is received, each unit shall be inspected biennially.
D. Inspection upon complaint-
1. A dwelling or rental/lease unit may be inspected at any time by the Village’s Authorized Official upon authorization from the Village Council or the Village Manager/Clerk after contacting the owner based on a legitimate signed complaint received by the Village Council or Village Manager/Clerk indicating that there is a probable violation of any of the standards of this ordinance.
2. If such an inspection after a complaint discloses a legitimate violation of this ordinance, then the owner, agent or landlord of that unit shall comply with the timeframe given by the Village’s Appointed Official. After corrections are made or the discrepancy eliminated, the owner, agent or landlord shall notify the Authorized Official and apply for a re-inspection. If the premises pass the re-inspection, the Authorized Village Official shall issue a new Certificate of Approval.
3. If a private individual makes a complaint, the Village shall require an inspection fee from the complainant before inspection. No repercussion shall be imposed upon a tenant with a legitimate complaint.
4. The Village shall not release any information regarding the name, address, or telephone number of any person who reports a legitimate violation of this ordinance except:
(a) By consent of complainant,
(b) Pursuant to the Michigan Freedom of
Information Act or
(c) By court order.
E. Failure to Have Unit Inspected- Should the owner, agent or landlord of any unit fail to make his unit available for any scheduled inspection, fail to appear for any scheduled inspection or fail to notify the Village’s Authorized Official/Inspector of the necessity to reschedule an inspection at least 24 hours prior to a scheduled inspection, there will be an additional charge for failure to meet the first and any subsequent failure to meet a scheduled appointment. Fees are outlined in the Village’s Master Fee Schedule, which may be amended from time to time by resolution of the Village Council.
F. Non-Compliance- Non-compliance with the terms and provisions of this ordinance shall be enforceable by the Village’s Authorized Officials.
If any dwelling unit or complex shall be subject to periodic physical inspections from another governmental unit, such as Farmers Home Administration, the U.S. Department of Housing and Urban Development, etc., the Village shall waive its inspection requirements.
Section 9 – Penalties and Enforcement; Civil Infraction Treatment
Any person, partnership or corporation, or the owner, agent or landlord of any residential housing/dwelling rental/lease unit who shall violate any provision of this ordinance, shall upon conviction/finding of responsibility in a court of competent jurisdiction be subject to a civil infraction violation/fine of not more than $500 per violation. Each day that a violation shall be permitted to exist or continue following the initial three (3) days after notice shall constitute a separate offense. Fines and punishment shall be at the discretion of the court.
The Village of Marcellus, through its officials, may seek an administrative search warrant to inspect any portion of property in which probable cause exists that such a structure, building, or otherwise is in violation of this Ordinance.
The Village of Marcellus, through its officials, may seek judicial enforcement either through abatement or injunction for compliance with this Ordinance or any other right it has by law or equity.
A violation of this Ordinance shall be considered a nuisance per se.
Section 10 – Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are hereby repealed, including Ordinance No. 228.
Section 11 – Marcellus Village Council Power to Revise, etc., and Amend Fees and Nonjudicial
Penalties by Resolution
The Village of Marcellus Council is hereby empowered and authorized to review, revise, alter, amend as may be necessary and appropriate, and adopt by resolution such fees and nonjudicial penalties as set forth in this ordinance.
Section 11 – Severability
If any court of competent jurisdiction shall rule any part or parts of this ordinance void, the rest and remainder of this ordinance shall remain in full force and effect.
Section 12 – Publication
This ordinance shall be published once, in summary form or in full, in The Marcellus News, a newspaper of general circulation within the boundaries of said Village and qualified under State law to publish legal notices, within thirty (30) days of its adoption. The same shall be posted on the local website, www.villageofmarcellus.org, and recorded in the Ordinance Book of said Village and such recording authenticated by the signatures of the Village President and Village Clerk.
Section 13 – Effective Date
This ordinance was adopted on June 25, 2024, and shall take effect on August 3, 2024, thirty (30) days after publication as required by law.
Dated: June 25, 2024
Dennis Irwin
Marcellus Village President
Dated: June 25, 2024
“Jacqueline A. Terrill
Marcellus Village Manager/Clerk
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