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| Ordinance | NO. 12-2017 |
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| | | | | | | | | A Proposed Ordinance to amend sections 07, 08, 09, 10 & 11 of Chapter 842, Rental Housing, to eliminate one basis for denial of a permit; to revise other issues related to inspections; and to change Housing Code references to the Property Maintenance Code.
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| | | | | | | | | BATTLE CREEK, MICHIGAN - 11/21/2017 | | | |
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The City of Battle Creek Ordains:
Section 1. An ordinance to amend sections 07, 08, 09, 10 & 11 of Chapter 842 to eliminate one basis for denial of a permit; to revise other issues related to inspections consistent with the Fourth Amendment; and to change Housing Code references to the Property Maintenance Code, as is attached and made a part hereof.
Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on November 21, 2017.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
11/21/2017
Action Summary | | | |
| | | | | | | | | | Staff Member: | Jill Humphreys Steele, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Proposed Ordinance to amend sections 07, 08, 09, 10 & 11 of Chapter 842, Rental Housing, to eliminate one basis for denial of a permit; to revise other issues related to inspections; and to change Housing Code references to the Property Maintenance Code.
| BUDGETARY CONSIDERATIONS
| | There are none. |
HISTORY, BACKGROUND and DISCUSSION
| The current Rental Housing Ordinance allows the City to deny an application for a rental housing permit if the applicant refuses to allow an inspection of the property. A federal court decision has determined that particular provision is not consistent with constitutional rights.
Amendments are proposed to sections 7, 8, 9 and 10 to address this issue and to require an administrative search warrant if the owner does not consent to an inspection.
In addition, there are also references to the Housing Code in sections 8, 9, 10 and 11 that must be revised to reference the Property Maintenance Code, since that is now the governing code for the City.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| | Staff from the City Attorney's office and the Inspections Department support these changes. |
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