International Property Code
 

CHARTER TOWNSHIP OF COLOMA
ORDINANCE NO. 87

Adopted:  December 14, 2005
  Effective:   Immediately Upon Publication After Adoption

            An Ordinance to establish minimum regulations governing the conditions and maintenance of all property, buildings and structures; to provide 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; for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; and to repeal all Ordinances or parts of Ordinances in conflict herewith.

 THE CHARTER TOWNSHIP OF COLOMA
 BERRIEN COUNTY, MICHIGAN

 ORDAINS:

 SECTION I

INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION

            The International Property Maintenance Code, 2003 Edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of Coloma Charter Township, Berrien County, Michigan for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, and conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance with the additions, insertions, deletions and changes, prescribed in Section II of this Ordinance.

SECTION II

REVISIONS TO CODE

            The following sections of the International Property Maintenance Code are hereby revised as described below:

Section 101.1      Revise:  [NAME OF JURISDICTION] by inserting Coloma Charter Township, Berrien County, Michigan.

 Section 103.5      Revise to read:  Fees.  The Township Board of the Charter Township of Coloma is hereby given the authority to establish by Resolution at any regular public meeting a schedule of fees, rates and charges for the administering of the Code adopted hereunder, provided that the same are reasonable and bear a reasonable relationship to the cost and expense of such administration and activity.  The Township Board shall further have the right to amend the aforementioned Resolution from time to time within the foregoing limits of reasonableness.

 Section 106.3      Sanctions.  Revised to read:  Any violation of this Ordinance or the aforementioned Code being administered and enforced hereunder or any part of the same shall be deemed to be a municipal civil infraction as defined by Michigan Statute which shall be punishable by a civil fine determined in accordance with the following schedule:

                                                                       Minimum       Maximum
                                                                          Fine
               Fine     

-  1st Offense within 5-year period*                $ 75.00      $  500.00

-  2nd Offense within 5-year period*              $ 150.00     $  500.00

-  3rd Offense within 5-year period*              $ 325.00     $  500.00

-  4th or More Offense                                  $ 500.00     $  500.00
            within 5-year period

*   Determined on the basis of the date of commission of the offense(s).

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which Coloma Charter Township has been put in connection with the municipal civil infraction.  In no case, however, shall costs of less than $9 nor more than $500 be ordered.  In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance and/or the aforementioned Code.  Each day that a violation exists shall constitute a separate offense.

Section 106.4  Deleted.

Section 106.5  Deleted.

Section 304.14    Insert:  [DATES IN TWO LOCATIONS] by adding: During the period form April 1 to September 30, . . .

Section 602.3      Heat supply.  Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 30 to April 1 to maintain a temperature of not less than 65F (18C) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1.         When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.  The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

 2.         In areas where the average monthly temperature is above 30F (-1C) a minimum temperature of 65F (18C) shall be maintained.

Section 602.4      Occupiable work spaces.  Indoor occupiable work spaces shall be supplied with heat during the period from September 30 to April 1 to maintain a temperature of not less than 65F (18C) during the period the spaces are occupied.

Exceptions:

1.         Processing, storage and operation areas that require cooling or special temperature conditions.

2.         Areas in which persons are primarily engaged in vigorous physical activities.

Chapter 8 - References.  Change International Building Code to Michigan Construction Code.


SECTION III

CONFLICTING ORDINANCES

            All other Ordinances or parts of Ordinances in conflict with this Ordinance, including Coloma Charter Township Ordinance No. 64, are hereby repealed.

SECTION IV

SEVERABILITY

            If any section, subsection , sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Coloma Township Board of Trustees declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional

SECTION V

APPLICATION TO CURRENT LEGAL PROCEEDINGS

            Nothing in this Ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceedings impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any Ordinance hereby repealed as cited in Section III of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.

SECTION VI

EFFECTIVE DATE

            The Coloma Charter Township Clerk shall certify to the adoption of this Ordinance, and cause the same to be published as required by law; and this Ordinance shall take effect immediately upon publication after adoption.

 

Nancy Baiers, Clerk
Coloma Charter Township