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Crime Free Lease Addendum

September 20, 2015

151.098 NON-OWNER OCCUPIED(RENTAL) PROPERTY; REGISTRY.
(A) To register non-owner occupied property, the owner or controller shall:
(1) Complete and file with the City Clerk, online or in-person, a registration application for each non-owner occupied property, which shall state or have attached, as applicable:
(a) The name, date of birth, driver's license number, mailing address, telephone number, email address, and webpage address of the owner and of any controller of the property. If the owner of the property resides out-of-state, the applicant shall designate a local agent by name, mailing address, telephone number, email address, and webpage address.
(b) A copy of the written agreement appointing a local agent for the owner or controller.
(2) Pay in full the registration fees, as well as any applicable late fees, owed to the City for each non-owner occupied property.
(3) Provide verification to the City Clerk that the property is not condemned nor under an order to vacate.
(4) Pay in full any property taxes due and owing on the property.
(5) Pay in full any fines that may be owed due to a violation of this subchapter.
(6) Agree to provide all residents a lease disclosure letter which provides information regarding frequently violated City regulations, including:
(a) The City's Noise Ordinance (§§ 94.20, et seq.);
(b) The City's Curfew for Minors Ordinance (§§ 130.50, et seq.);
(c) The City's Disturb the Peace of Neighborhoods Ordinance (§ 130.32);
(d) The City's Housing Regulations (including §§ 151.082 and 151.083); and
(e) The City's Parking Regulations (including § 72.28);
(7) Agree that each lease or rental agreement entered into for non-owner occupied property shall include the following addendum:
CRIME FREE LEASE ADDENDUM
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows:
1. Resident, members of the resident's household, and a guest or other person under the resident's control shall not engage in criminal activity, or any act intended to facilitate criminal activity, including drug-related criminal activity, on or near said premises.
2. Resident and members of resident's household will not permit the dwelling unit to be used for, or facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
VIOLATION OF THE ABOVE PROVISIONS SHALL CONSTITUTE A QUALITY OF LIFE VIOLATION AND
BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.
A single violation of any of the provisions of this addendum shall be deemed a serious violation and material and irreparable noncompliance with your lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by substantial evidence of the type reasonably relied upon by property managers in the usual and regular course of business.
In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.
This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident.
This LEASE ADDENDUM is not intended to diminish Resident's or broaden Owner's rights with regard to Michigan's laws pertaining to the recovery of possession of property.
(B) Upon the City Clerk's receipt of the completed registration application and applicable fees, the City Clerk shall verify whether the property is eligible for registration and, if so, shall register the property.
(1) If the property is not eligible for registration, the City Clerk shall inform the owner or controller of the deficiencies preventing registration, including what additional information, documentation, and/or fees are required.
(C) After a non-owner occupied property has been registered, the owner or controller shall:
(1) Notify the City Clerk of any change in the information provided in the original registration application, including but not limited to a change in occupancy status or a change in contact information for the owner, controller, or local agent, within thirty (30) days of the date of the change.
(2) Cause the dwelling to be inspected by designated employees or other representatives of the owner or controller or by appropriate representatives of the City for compliance with this subchapter at least once annually. Proof of such inspections must be provided to the City Clerk upon renewal of registration to document that the property remains in compliance with this subchapter.
(3) If the non-owner occupied property has become ineligible for this registry, the City Clerk shall remove the property from the registry and shall provide the owner or controller with written notification of this action, the reason therefor, and shall inform the owner or controller of the deficiencies preventing continued registration, including what additional information, documentation, and/or fees are required.
(D) Exceptions:
(1) Owners or purchasers of structures which contain only one (1) dwelling unit, with or without an accessory garage, carport or shed, and which contain no other occupancy, may occupy that dwelling unit themselves without registering the unit or paying a fee. The owner's immediate family, defined as the owner's spouse or significant other, children, and up to two (2) grandparents, may also occupy that dwelling with the owner. All other requirements of this chapter shall apply in such instances.
(2) Owners and controllers of property properly registered under this section who are actively advertising and holding the property out for rental and/or sale shall not be required to register the property as unoccupied property under § 151.099. Evidence of same, such as a copy of any advertisement or listing, shall be provided to the City Clerk.
(Ord. O-151, passed 9-23-13, effective 10-3-13; Am. Ord. O-160, passed 4-20-15, effective 4-30-15)

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