Benton Harbor, MI Code of Ordinances Ch. 20 Art. VI Annual Registration of Habitable Rental Properties §§ 20-165 – 20-204 § 20-169
Initial inspection; orders; power to vacate
Operative Text
(a) Before issuing a Temporary Certificate of Occupancy, Provisional Certificate of Occupancy or Certificate of Occupancy, personnel of the Inspection Department shall inspect the rental unit. (b) There will be an administrative fee charged for the initial inspection. Such initial inspection fee shall be in an amount as established by City Commission Resolution and subject to change. If it is determined by the building inspector that an inspection by the electrical, mechanical, and/or plumbing inspector is required, the resultant electrical, mechanical and/or plumbing inspection fee shall be charged in an amount as established by City Commission Resolution and subject to change. (c) No Temporary Certificate of Occupancy, Provisional Certificate of Occupancy or Certificate of Occupancy shall be valid until all administrative fees are paid. (d) After completion of the initial inspection of the rental unit(s), if the single unit dwelling, multiple unit dwelling, boarding or lodging house is not in compliance with the rules, regulations, laws, or technical housing codes of the City of Benton Harbor and/or State of Michigan, the code enforcement official shall furnish the applicant with a written list of specific violations which shall be corrected within 30 days before the annual rental Certificate of Occupancy is issued, provided further that the violation does not render the unit(s) unfit for occupancy or is of a nature which if not corrected would result in further deterioration and subsequent danger to human life, safety or welfare. However, if occupancy can continue safely, the Division of Building Inspections shall issue a temporary Certificate of Occupancy allowing occupancy to continue while the violations are corrected. No Certificate of Occupancy shall be granted if occupancy will endanger the health, safety, or welfare of the public. In such cases, an order to vacate shall be issued.
Under Benton Harbor, MI Code of Ordinances § 20-169, rental units must pass an inspection by the Inspection Department before any Temporary, Provisional, or full Certificate of Occupancy can be issued. An administrative fee—set by City Commission Resolution—is required for the initial inspection, and additional fees may apply if electrical, mechanical, or plumbing inspections are needed; no certificate is valid until all fees are paid. If violations are found, the property owner receives a written list and generally has 30 days to correct them, though a temporary certificate may allow continued occupancy during that period. If the unit poses a danger to health, safety, or welfare, no certificate is issued and an order to vacate must be issued instead.
Plain English — not legal advice.
Operators of rental properties in Benton Harbor subject to § 20-169 generally ensure that each rental unit is inspected by the Inspection Department before any Certificate of Occupancy—temporary, provisional, or full—is sought, and that all applicable administrative and specialty inspection fees are paid in full before relying on any certificate. When a written violation list is issued following an initial inspection, compliant operators address each cited item within the 30-day correction window to avoid delays in obtaining a permanent certificate. Where a temporary Certificate of Occupancy is granted to allow continued occupancy during corrections, operators track the outstanding violations and resolve them promptly, keeping in mind that units deemed dangerous to health, safety, or welfare are subject to a mandatory vacate order under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 20-169 of the Benton Harbor Code of Ordinances, tenants have an interest in knowing that their rental unit is required to be inspected before a Certificate of Occupancy is validly issued, and that no certificate is legally valid if required fees remain unpaid. If a unit has outstanding violations, tenants can ask to see the written violation list that the code enforcement official is required to provide to the landlord, which documents specific deficiencies and the correction timeline. Tenants who believe their unit may be unsafe or that a certificate was improperly issued may contact the Benton Harbor Division of Building Inspections directly, or reach out to a local tenant-rights organization to understand the range of options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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