Village of Marcellus Property Maintenance Code
ADOPTED: June 25, 2024
EFFECTIVE: August 3, 2024
An Ordinance of the Village of Marcellus, adopting the 2024 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the Village of Marcellus therefore; repealing all other ordinances or parts of laws in conflict therewith.
The Village of Marcellus Ordains:
Section 1 – Title
This ordinance shall be known and may be cited as the Village of Marcellus 2024 Property Maintenance Code.
Section 2 – Purpose
That a certain document, three (3) copies of which are on file in the office of the Clerk of the Village of Marcellus, being marked and designated as the International Property Maintenance Code (the most recent
version), and as it may hereinafter be revised, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Village of Marcellus, Cass County, Michigan; for the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; and each an all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as is fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 3 of this Ordinance.
Section 3 – Property Maintenance Code
Amendments
3.1 Adoption. The Village of Marcellus hereby adopts Chapters 2 through Chapter 8 of the International Property Maintenance Code, as amended, in its current form and any subsequent updates except as listed in Section 3.2
3.2 Exception. Certain provisions of the International Property Maintenance Code in the adopted Chapters 2-8 are in conflict with existing ordinances. The Village, therefore, does not adopt the following sections:
1. Section 302.4 Weeds
3.3 Amendments. The Village of Marcellus amends the adopted portions of the International Property Maintenance Code:
1. Section 304.14. Insert: Memorial Day [to] Labor Day.
2. Section 602.3. Insert: [DATES IN TWO LOCATIONS]
3. Section 602.4. Insert: [DATES IN TWO LOCATIONS]
Section 4 – Copyright and Availability of the
International Property Maintenance Code
That Village of Marcellus acknowledges and agrees that the International Code Council, Inc. (“ICC”) owns registered copyrights in the 2024 edition of the ICC International Property Maintenance Code. ICC makes the 2024 edition of the International Property Maintenance Code and numerous other International Codes (I-Codes) available to view for free on its website at: codes.iccsafe.org. Without separate written permission from the copyright owner, no part of the 2024 edition of the International Property Maintenance Code may be reproduced, distributed or transmitted in any form or by any means, including without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying, or recording by and/or in an information retrieval system). For information on the use rights and permissions, please contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233).
Section 5 – 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 6 – Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7 – 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 8 – 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 9 – 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
Certification: I hereby certify that the foregoing is a true and complete copy of Ordinance No. 254, being a “Village of Marcellus Adoption of the International Property Maintenance Code”, adopted by the Village Council of the Village of Marcellus, County of Cass, State of Michigan, at a regular meeting held on June 25, 2024; the original of which is on file in my office and available to the public. Public Notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, including, in the case of a special or rescheduled meeting, notice by posting at least 18 hours prior to the time set for said meeting. That ordinance was published in summary form or in full in The Marcellus News on July 3, 2024.
Dated: July 3, 2024 Jacqueline A. Terrill, Marcellus Village Manager/Clerk
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