§ 14-3. Definitions.  


Latest version.
  • Unless the context indicates otherwise, the following words used in this article shall have these meanings:

    A domestic partnership means an interpersonal, romantic relationship between two (2) individuals who live together and share a common domestic life but are not married to each other or to anyone else.

    Domicile means the place at which a person resides a majority of the time and that is regarded as the person's true, fixed, principal, primary and permanent home.

    Non-owner occupied residential dwelling or unit means any residential dwelling or unit constructed, intended, or currently used as habitable space in which the owner of the dwelling or unit does not reside, or where individuals other than or in addition to the owner reside, whether pursuant to an oral or written lease or for other valuable consideration including, but not limited to, cash, barter of goods and services, and imputed rent. This does not include relatives that reside with the owner in the same unit. This term also does not refer to an individual residing in a dwelling or unit who is in a domestic partnership with the owner. This term does not apply to any residential dwelling or unit which is the primary domicile of the owner and is temporarily unoccupied for a period of not more than one hundred sixty (160) days. Examples of a non-owner occupied residential dwelling or unit include, but are not limited to, the following:

    (1)

    A traditional lease with a written lease contract;

    (2)

    A lease or rental arrangement with no written contract.

    (3)

    A unit in which a non-owner is allowed to reside in exchange for providing services to the owner, whether the owner resides in the unit or resides elsewhere.

    (4)

    A unit in which a relative is permitted to reside, where the owner of the unit resides elsewhere.

    (5)

    A unit in which the owner resides and in which a non-owner is permitted to also reside in exchange for any form of valuable consideration. This does not include couples who reside together in a domestic partnership.

    (6)

    A unit in which a non-owner is allowed to reside, unless otherwise exempted in this Article, even if no consideration is paid but the occupancy could be considered imputed rent by the Internal Revenue Service.

    Owner means any person who, alone or with any other persons, shall

    (1)

    Have a freehold or lesser estate in, or a land contract vendee's interest in, any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

    (2)

    Have charge, care or control of any premises, dwelling or dwelling unit, as owner or as personal representative. "Personal representative" means that term as defined in section 1106 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.1106. A personal representative also may include a special fiduciary appointed to take possession of and administer the property of a decedent's estate. 2016 PA 59, MCL 700.1002.

    Reside means to be physically present in a residential dwelling or unit and regard that dwelling or unit as one's home, to which one intends to return and remain permanently or continuously. For purposes of this article, a person may only reside in one dwelling or unit at a time.

    Responsible local agent means a representative of a person corporation, partnership, firm, joint venture, trust, association, organization, or other entity having a legal or equitable interest in property who has authority to do the following:

    (1)

    Receive all official notices concerning housing, zoning, dangerous buildings and other ordinance violations on behalf of the owner of a non-owner occupied residential dwelling or unit, and any notice received by the responsible local agent shall be deemed to have been received by the property owner; and

    (2)

    Be responsible for providing access to the non-owner occupied residential dwelling or unit for any inspection necessary to ensure compliance with the terms of this Code.

(Ord. No. 2012-03, § 1, 2-21-12; Ord. No. 2014-30, § 2, 11-18-14; Ord. No. 2015-19, § 2, 12-15-15; Ord. No. 2016-24, § 2, 9-20-16)