Sec. 8.161. - Unlawful Conduct; Penalties; Designation of Violation as Municipal Civil Infraction; Fourth and Subsequent Violations Designated as Misdemeanor.
(1) Definitions.
(a) Mechanical Safety Inspection - An in-person inspection of a heating system or heating appliance conducted by a qualified, State licensed contractor for the purpose of certifying that the equipment is functioning in a safe manner consistent with the State Mechanical Code, the Grand Rapids Code of Ordinances, any code or rule promulgated for the enforcement of such codes, and equipment manufacturer's specifications.
(b) Inspector - A City official charged with enforcement of the State Construction Code, including the Michigan Mechanical Code.
(c) Qualified Mechanical Contractor - A contractor qualified to participate in the City of Grand Rapids Mechanical Safety Inspection Program pursuant to the Administrative Rules promulgated by the City Manager for the administration of such program.
(2) Mechanical Safety Inspection Certification Required. Any heating system or heating appliance not owned by the occupant of a dwelling unit shall be inspected and serviced by a Qualified Mechanical Contractor as required under Chapter 140 of this Code, being the Grand Rapids Property Maintenance Code.
(3) Except as set forth in Section 8.161(4), any person who engages in the following conduct in violation of this Section, or orders or directs another person to engage in such conduct is responsible for a municipal civil infraction and shall be subject to the penalties described in Chapter 170 of this Code:
(a) Knowingly violates any state or local building code including Michigan Mechanical Code, the Grand Rapids Code of Ordinances, or any code or a rule promulgated for the enforcement of such codes.
(b) Knowingly installs or maintains equipment in violation of a condition of a permit.
(c) Knowingly fails to comply with an order issued by the City of Grand Rapids as the enforcing agency under this Chapter.
(d) Knowingly makes a false or misleading written statement, or knowingly omits required information or a statement in an inspection report, application, petition, request for approval, or appeal to the City of Grand Rapids as the enforcing agency under this Chapter.
(e) Knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building, or structure.
(f) Unreasonably interferes with an authorized inspection.
(g) Knowingly issues, fails to issue, causes to be issued, or assists in the issuance of a certificate, permit, or license in violation of the Grand Rapids Code of Ordinances, the Michigan Mechanical Code or any rule promulgated under such Codes or other applicable laws.
(h) Having a duty to report violations of the Michigan Mechanical Code or a rule promulgated under this Code or other applicable laws, knowingly conceals a violation.
(4) Each act in violation of this Chapter shall constitute a separate violation of this Code and shall be subject to enforcement for every day upon which any violation shall continue.
(5) Fourth and subsequent violations shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both.
(6) Stop Work Orders. The City is authorized to issue an Order to Stop Work in instances where work is being undertaken without a permit, or in violation of an issued permit. (Reference MCL 125.1512).
(7) Injunctive Relief. If an Order to Stop Work issued under this Section is not obeyed, the City may apply to the Circuit Court for an order enjoining the continuation of construction undertaken in violation of a building permit, this Code, or any other applicable law. (Reference MCL 125.1512).
(8) The City Manager is authorized to establish and administer a Mechanical Safety Inspection Program under authority of this Code, and shall promulgate any rules and regulations necessary for the administration of such Program.
(Ord. No. 2017-10, § 1, 1-24-17)
