Demo 4

Code of Ordinance

The owner of any rental dwelling or rental unit shall register each rental dwelling and all rental units contained within the rental dwelling with the Village of Mayville before September 1 of each year at no cost to the owner. Failure to do so will result in a $100.00 fine per unit, per infraction. The owner shall have ten working days to remedy the infraction. Once the rental unit is registered, the owner has 30 days to pay for and schedule a general inspection. The owner shall provide access to such premises for making the inspections necessary to insure compliance with the terms of this ordinance and Code. All rental units must be inspected annually and when there is a change of ownership. A certificate of compliance shall not be issued if the registration provisions of this ordinance are not complied with. Inspection fee is $55.00 per rental unit. Return inspection to check remedy of noncompliant inspection fee is $25.00 per unit, which will be returned if non complaint matters are corrected. If failure to comply, the fee will not be returned. In addition to rental inspection, an annual building fire safety inspection fee will be $50.00 per building not unit. This fee will not be refunded. All fees can be changed by resolution of the Mayville Village Council at any time. Street level apartments are allowed by land use permit in the Central Business District or Local Commercial District as their districts are described under the Mayville Zoning Map, Zoning and Planning Regulations (Previously zoned Business A, Business B, and Neighborhood Commercial) under the following regulations:

1. 1) Street level apartments may not be located or occupy space within 30 feet of any exterior wall facing Main Street or Fulton Street,
2. 2) The 30 feet minimum facing Main Street or Fulton Street shall only be used as permitted under the Mayville Zoning Ordinance,
3. 3) Street level apartments must adhere to off-street parking requirements as outlined in the Mayville Zoning Ordinance and Chapter 66 Traffic and Vehicles of the Mayville Municipal Code as amended, and
4. 4) Street level apartments shall adhere to all federal, state, county, and local laws and ordinances. (Ord. No. 159, 10-20-2009; Ord. No. 160, 11-17-2009; Ord. No. 172(1), § 3, 11-15-2017)

Registration shall be made prior to the use or occupancy of any rental dwelling or rental unit. In the case of rental dwellings and rental units which exist on the effective date of this ordinance and Code, registration shall be made within ninety days of such effective date. Any new owner shall immediately register in accordance with this chapter and shall apply to have the certificate of compliance for each rental unit. A renewal fee shall be established by resolution of the Village Council, which shall be paid at the time of registering the transfer of ownership and each year thereafter, which the fee shall also include the transfer of the certificate of compliance, if any. A late fee shall also be established by resolution of the Village Council, which late fee shall be imposed for the late registrations on a per rental unit basis. The late fee shall be in addition to the applicable transfer registration fees for each rental unit or upon transfer of ownership. Registrations shall be filed on or before September 1 of every odd-numbered year. (Ord. No. 172(1), § 3, 11-15-2017)

No owner of any rental dwelling or rental unit who has received a notice of violation of any code or ordinance of the Village of Mayville (including notice that the number of rental units exceeds that permitted by the Zoning Ordinance) shall transfer, convey, lease or sell (including by land contract) his or her ownership and/or interest in any way to another, unless such owner shall have first furnished to the grantee, lessee, vendee or transferee a true copy of any notice of violation and shall have furnished to the Village a signed and notarized statement from the grantee, vendee, lessee or transferee acknowledging the receipt of such notice of violation. In addition, upon selling, leasing, changing ownership of said dwelling, the owner shall obtain a "mold inspection report" which is prepared by a certified mold inspector and the results given to the new owner and a copy dated and given to the Village of Mayville Clerk (Ord. No. 172(1), § 4, 11-15-2017)

The inspection process will be then continued for all such units, with each unit being inspected every year. Once issued a certificate of compliance will be valid for a one-year period (provided that the rental dwelling and rental units remain in compliance with all applicable codes and ordinance), but will terminate on the date of the next subsequent inspection. (Ord. No. 172(1), § 6, 11-15-2015; Ord. No. 172(2), § 6, 1-19-2016)

Whenever an occupied rental dwelling or rental unit is remodeled, renovated or otherwise converted in any way that could affect its compliance with this ordinance and Code. The property owner must acquire a permit from the zoning administrator and provide a site plan for said proposed renovations. The property owner is subject to an at will inspection from local zoning administrator until project is completed. In the case of an unoccupied rental dwelling or rental unit that is remodeled, renovated or otherwise converted in any way that could affect its compliance with this ordinance and Code, any and all prior certificates of compliance will be revoked immediately upon the commencement of said work. A new certificate of compliance must then be issued after an inspection by the Village or its designee(s) to determine that each rental dwelling and rental unit complies with the provisions of this ordinance. At completion of project the unit is subject to all fees and costs dictated in section 18-43. (Ord. No. 172(1), § 7, 11-15-2015)

This ordinance and Code applies to all rental dwellings and rental units within the Village of Mayville existing on the effective date of this ordinance and to those subsequently constructed or converted. All Landlords must obtain a Certificate of compliance prior to the rental of any unit. (Ord. No. 172(1), § 8, 11-15-2015)

Any owner of a rental dwelling or rental unit who shall fail to register his or her rental dwelling and rental units, or who shall fail to obtain a certificate of compliance for each of his or her rental dwellings or rental units, shall be guilty of a Municipal Civil Infraction. A separate offense shall be deemed committed for each violation of this ordinance for each rental dwelling and rental unit, and for each separate day of offense. There will be three (3) types of Municipal Civil Infractions:

1. 1) Failure to Comply with Registration
2. 2) Failure to Schedule Inspection
3. 3) Noncompliance with Rental Ordinance Requirements. Each Municipal Civil Infraction will have a separate "Schedule of Municipal Civil Infraction Fines. Schedule of Municipal Civil Infraction Fines Municipal Civil Infraction First Offense Second Offense Third Offense Failure to Comply $100.00 $150.00 $200.00 Failure to Schedule $150.00 $200.00 $250.00 Non-Compliance $200.00 $250.00 $300.00

(Ord. No. 172(1), § 9, 11-15-2015) Editor's note— Ord. No. 172(1), § 9, adopted Jan. 10, 2017, changed the title of § 18-49 from "Violations" to read as herein set out.

Any property owner who fails to abate any violation of this ordinance and Code or bring a property into compliance, thereby requiring the Village of Mayville, or its designee(s), to abate the violation or bring the property into compliance, shall be obligated to reimburse the Village it's cost plus ten percent (10%). If the property owner fails to reimburse the Village within thirty (30) days after receiving a bill for said costs, then in that event, the Village may impose a levy on the property and add the amount to the ad valorem tax rolls. (Ord. No. 172(1), § 9, 11-15-2015) Editor's note— Ord. No. 172(1), § 9, adopted Jan. 10, 2017, changed the title of § 18-50 from "Cost recovery" to read as herein set out.

All other ordinances of the Village of Mayville or parts of ordinances in conflict herewith are hereby repealed. (Ord. No. 172(1), § 9, 11-15-2015)

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 Mayville Village Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. No. 172(1), § 9, 11-15-2015)

Nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this ordinance. (Ord. No. 172(1), § 9, 11-15-2017) Secs. 18-54—18-60. - Reserved. [3]

Footnotes:

--- (3) --- Cross reference— Streets, sidewalks and other public places, ch. 62; traffic and vehicles, ch. 66. State Law reference— Moving buildings or obstructions, MCL 247.188 et seq., MSA 9.268 et seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Cross reference— Definitions generally, § 1-2.

Any person violating any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-11.

The department of public works superintendent shall supply the route over which a structure is to be moved and the time allowed for such moving. All reasonable effort must be made in the moving so as to least obstruct any street, alley or other public place, and if it becomes necessary to leave the structure thereon after sundown, there shall be erected around the structure a suitable warning barrier and the structure shall be properly illuminated to prevent injuries or damages. (Comp. Ords. 1987, § 18.009) Secs. 18-64—18-80. - Reserved.

No person shall engage in the business of moving structures into, upon or across any street, alley or other public place without first obtaining a license as provided in this division. (Comp. Ords. 1987, § 18.001)

Application for a license to engage in the business of moving structures shall be made to the village clerk on a form furnished for such purposes. The village clerk shall make an investigation of the training, experience, qualifications and character of the applicant to determine his fitness to engage in the operating of the business, and shall issue or refuse to issue the license within ten days. (Comp. Ords. 1987, § 18.002)

The fee for a license issued under this division shall be as established by resolution. All such licenses shall expire 30 days from issuance. (Comp. Ords. 1987, § 18.003)

Before a license shall be issued under this division, the applicant shall file with the village clerk a surety bond in the penal sum of not less than $1,000,000.00 waiving and protecting the village harmless from all damages to property, both public and private, that may arise from the use of any of the streets, alleys or other public places in the moving of such structures. (Comp. Ords. 1987, § 18.004)

The applicant for a license under this division shall also file with the village clerk a public liability and property damage insurance policy naming the applicant and the village as the assured and providing for the payment of any liability imposed by law upon the applicant or the village to the extent of not less than $3,000,000.00 for injury to or death of one or more persons, and for damage to property in the amount of not less than $1,000,000.00. (Comp. Ords. 1987, § 18.005) Secs. 18-86—18-100. - Reserved.

No structure of other obstruction to traffic shall be moved upon or across any street, alley or other public place without first obtaining a permit as required by this division. (Comp. Ords. 1987, § 18.006)

Applications for a permit to move a structure shall be made by a mover licensed as required by any applicable law, to the village clerk, approved as complying with all the provisions of this article or any other village ordinance applicable thereto. If the village clerk finds that under the facts the applicant has sufficient knowledge, experience, equipment and facilities to properly conduct such moving, the permit shall be issued forthwith upon payment of the prescribed permit fee. (Comp. Ords. 1987, § 18.007)

Before a permit for the moving of a structure shall be issued, the applicant shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. The applicant shall not be entitled to a permit unless a release is obtained from the utilities stating that their respective service connections and appurtenant equipment such as meters have been removed or sealed and plugged in a safe manner; nor shall a permit be issued until the village clerk shall be satisfied, after receiving a written agreement from the public utility companies concerned and signed by the applicant, that the moving may be accomplished in such a manner as not to create a hazardous condition as a result of the proximity of such public utility installations at the site from which the building is to be moved, the site where it is to be moved or the route to be followed in making the movement, including an agreement for necessary moving or raising of overhead wires which might impede the progress of the movement of such structure. (Comp. Ords. 1987, § 18.008) [1] Footnotes: ---

1. (1) --- Cross reference— Administration, ch. 2; fire prevention and protection, ch. 34. State Law reference— Emergency management act, MCL 30.401 et seq., MSA 4.824(11) et seq.; governor's emergency powers, MCL 10.31 et seq., MSA 3.4(1) et seq.; continuity of government during an emergency, Mich. Const. art. 4, § 39; emergency interim local succession act, MCL 31.101 et seq., MSA 5.5000(1) et seq. Secs. 22-1—22-30. - Reserved. [2] Footnotes: ---
2. (2) --- State Law reference— Emergency management act, MCL 30.401 et seq., MSA 4.824(11) et seq.

Printed October 10, 2026 at 1:35 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2180