Requirement of Permit; Exception.
Application For Permit.
Limit and Revocation of Permit.
Stop Work Order.
Dereliction and Error.
Right of Entry.
Service Connections.
Fees.
Certificate of Occupancy.
Inspections.

Declaration of Intent; Retroactive Effect.
Numbering of Buildings and Lots.
Establishment of Numbers.
Application For Number; Display; Expense.
Specification.
Penalty.

Determination That Certain Conditions Exist.
Creation Of Position Of Housing Officer.
Petition; Investigation; Issuance Of Complaint.
Contents Of Complaint.
Conditions That Must Exist.
Hearing; Order.
Failure To Comply With Order; Remedy.
Demolition.
Lien; Surplus Money.
Authority For Administration.
General.
Service Of Complaint Or Orders.
Standards.
Consistent Intent.

ARTICLE 3A. AUTHORIZING THE INSPECTION OF DWELLINGS

Person Authorized.
Standards.
Inspection; Entry.
Notice of Violation.
Request For Hearing; Petition.
Hearing; Postponement.
Sustain, Modify or Withdraw Notice; Appeal.
Emergency; Petition For Hearing; Order.
Rules and Regulations.
Occupancy Prohibited.

Person Authorized.
Standards.
Declaration of Intent.
Definition; Dwelling Structure.
Prohibition; Requirement of Certificate.
Application; Inspection.
Entry and Examination.
Notice of Conditions.
Issuance of Certificate.
Violation.

ARTICLE 4. MINIMUM CONSTRUCTION REQUIREMENTS FOR RESIDENTIAL STRUCTURES

Repealed, November 3, 1998.
Specifications.
 

Purpose.
Responsibility, Unlawful Conditions:
Blank.
Enforcement Officer; Duties And Powers
Service Of Notice
Penalty.
Severability.

ARTICLE 1. BUILDING PERMITS; CERTIFICATES OF OCCUPANCY AND INSPECTIONS

No person or its representative shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, alter, repair, move, convert, extend or demolish any building or structure, or cause the same to be done, without first obtaining a permit therefor from the Township Building Inspector.

No building permit shall be required herein where the value or cost of the work to be done is less than $100.00, except as where it may be otherwise provided for by any other ordinance of the Township. (R.O. 7.1-1, Am. 09-05-63, Sec. 1)

Any person desiring a building permit as required shall file an application to the building inspector in writing on approved forms describing the land upon which the work is to be done sufficient to readily identify it and describing the kind and quality of the work to be performed. The building inspector may require the filing of plans when the work involved is of such nature that the building inspector may require further information before issuance of the permit. (R.O. 7.1-1, Am. 09-05-63, Sec. 2)

A permit diligently prosecuted shall be good for one year from the date of its issuance.

The building inspector may revoke a permit issued here-�under in the event of a false statement or misrepresentation of vital fact in the application or in the plans, if any are submitted.

Any permit issued shall become invalid if the authorized work shall not have been commenced within six months after issuance or is suspended or abandoned for a period of six months after commencing the work. (Am. 09-05-63, Sec. 3)

Whenever the provisions of this Chapter or of the matters contained in the permit application or plans as approved are not complied with, a stop work order shall be served on the property owner or its representative or permittee and a copy thereof may be posted at the site of the operation. Such stop work order shall not be revoked except by written notice of the building inspector after satisfactory evidence has been supplied to him that the unlawful work has been corrected.

The effect of such stop work order shall require all further work to be stopped until the condition complained of has been remedied. (09-05-63, Sec. 4)

No dereliction of duty or error on the part of the building inspector shall legalize the erection, construction or alteration of any building or structure not in conformity with the requirements of any Township ordinance. No building permit shall be construed as authority to violate, cancel or set aside any provision of any Township ordinance or statute, except such variation as may be legally granted. (09-05-63, Sec. 5)

The building inspector is directed and authorized to enforce the provisions of this chapter and he shall have the right of entry to any building or premises during the usual hours of his office in the discharge of his duties. The permit issued shall be posted in a conspicuous place on the front premises and in such position as to permit the building inspector to make necessary entries thereon respecting the work. The permit shall be maintained thereas prior to commencement and until completion of the work. (09-05-63, Sec. 6)

A permit to demolish or remove a building or structure shall not be issued until a release is obtained from the Public Utility Company and the municipal official having jurisdiction stating that all abandoned water, electric, sewer and other service connections have been removed, plugged or otherwise sealed in a safe manner. (09-05-63, Sec. 7)

Upon making an application for a permit, the applicant shall pay the following fees. No amendment to a permit requiring an increase in the cost of the work shall be approved until the additional fee shall have been paid.

1. New Construction

   a. Use Groups B, H, I-1, I-3, M, E, U, R 1-4 .027 x cu ft vol
   b. Use Groups A 1-4, F 1-2, S 1-2 .015 x cu ft vol
   c. Farm Use Buildings, storage or shelter .0008 x cu ft vol
   (max &954)
   d. Modular or Manufactured Homes
   
   1. Crawl Spaces $24 per $1000
   2. Basements .027 x cubic feet of volume
   3. Garages .027 x cubic feet of volume
   4. Porches, Decks, etc. $24 per $1000
   (am. 08-16-01)

    

2. Renovations, repairs, alterations and in ground pools

   a. Estimated cost up to $50,000 $24 per $1000
   b. $50,001 to $100,000 $15 per $1000
   c. Over $100,000 $12 per $1000
   d. Pro rate final fraction

    

3. DCA Fees

   a. New Construction .0016 per cu ft of vol
   b. Alterations $.80 per $1000

    

4. Zoning Fees (sec. 24.11-1 D.3) $10 each

   a. Drainage review fee (Sec. 24.4-11) $75

    

5. Demolition

   a. One and Two family residence, structures less than 5000 sq ft and less that 30 ft in height. Farm use building, storage or shelter. $56
   b. All other use groups $120
   c. Sheds $40
   d. Garage/Pole Barn $40
   e. In ground Swimming Pool $40
   f. Addition $40
   g. Sign $40

    

6. Signs $1 sq ft surface area (1 side)
7. Above Ground Pools

   a. Building Permit $40
   -More than 550 sq ft $100
   -Less than 550 sq ft $50

   b. Electric permit $31
   c. DCA Fee (.80 per $1000)
   d. Zoning $10

    

8. In Ground Pools

1. Fixtures and receptacles

   a. 1 to 50 $31
   b. Each Additional 25 $6

   For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and heat detectors, or similar fixture and motors or devices of less than or equal to one horsepower or on kilowatt.

    

2. Devices, Generators, Transformers

   a. Greater than 1 kw - 10 kw $8
   b. 11 kw - 45 kw $40
   c. 46 kw - 112 kw $79
   d. Over 112.5 kw $129

    

3. Motors, Electrical Devices

   a. Greater than 1 hp - 10 hp $8
   b. 11 hp - 50 hp $40
   c. 51 hp - 100 hp $79
   d. Over 100 hp $129

    

4. Service Panels, Service Entrance, Sub Panels

   a. 0-200 amps $40
   b. 201-1000 amps $79
   c. Over 1000 amps $129

    

5. Line Item

The intention of this amendment is to apply retroactively and include existing lots and buildings as well as those created after the effective date of this amendment. (03-16-78, Sec. 1)

All buildings and lots of land established within the Township shall be subject to being numbered for proper identification. (03-16-78, Sec. 2)

The Township Engineer is hereby authorized to file in his office maps of the lots of land established within the Township and designate thereon a system of numbering of such lots for proper identification.

The Engineer is further authorized to assign numbers to buildings erected upon such lots for proper identification.

As standards for such designation and assignment, the Engineer shall give due regard to the need for a logical and uniform sequence of assignment along the streets and roads of the Township to obtain better identification and convenience for location. (03-16-78, Sec. 3)

The property owner shall apply to the Township Engineer to obtain the number assigned to the owner’s building, and upon making such application, the Engineer shall issue to the applicant the number assigned to its building.

Thereupon, the owner shall affix and display upon the main building the assigned number in numerical fashion.

No number shall be placed upon any building for the purpose of this Article, unless said number shall be that number which has been assigned under the authority of this Article, and correspond with the numbers placed upon the maps on file with the Engineer. In the absence of an application, the Township Engineer is empowered to notify the property owner of the number assigned to its building, and it shall be the obligation of the owner to affix and display the number in accordance herewith. (03-16-78, Sec. 4)

The size of the number required to be affixed and displayed shall be not less than three inches in height and shall be numerical style. It shall be placed in a conspicuous location upon the front portion of the main building at a location thereon to provide a clear and legible identification of the building. (03-16-78, Sec. 5)

A person who shall refuse, fail or neglect to comply with the provisions of this Article shall be subject to a penalty upon conviction as described as the general penalty in Revised Ordinances of the Township, Section 1.1-6. (03-16-78, Sec. 6)

There exists in the Township dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or unsanitary or dangerous or detrimental to the residents of the Township. (07-05-55)

A public officer, to be known as the Housing officer, shall be appointed by the Township Committee to exercise the powers prescribed by this Article, the term of which office shall be for a term of four (4) years (with the exception of any appointment made subsequent to the adoption of this Ordinance but prior to January 1 of the next succeeding year, in which case the appointment shall be for the four-year period beginning the first day of January plus the balance of the original year of appointment.) (07-05-55, Am. 12-2-99)

Whenever a petition is filed with the Housing Officer by a public authority or by at least five (5) residents of this Township charging that any dwelling is unfit for human habitation or whenever it appears to the Housing Officer (on his own motion) that any dwelling is unfit for human habitation, the Housing Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint. (07-05-55, Sec. 2)

The complaint shall state the charges and contain a notice that a hearing will be held before the Housing Officer (or his designated agent) at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Housing Officer. (07-05-55, Sec. 2)

The Housing Officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings, or to the residents of the Township; such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. (07-05-55, Sec. 7)

If, after such notice and hearing, the Housing Officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order;

If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the dwelling, the Housing Officer may cause such dwelling to be repaired, altered or improved, or to be vacated and closed; that the Housing Officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." (07-05-55, Sec. 4)

If the owner fails to comply with an order to remove or demolish the dwelling, the Housing Officer may cause such dwelling to be removed or demolished. (07-05-55, Sec. 5)

The amount of the cost of repairs, alterations or improvements or vacating and closing, or removal or demolition shall be a municipal lien against the real property upon which such cost was incurred. If the dwelling is removed or demolished by the Housing Officer, he shall sell the materials of such dwelling and shall credit the proceedings of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the Superior Court, Chancery Division, by the Housing Officer, shall be secured in such manner as may be directed by such Court, and shall be disbursed by such court. (07-05-55, Sec. 6)

Process and procedure for the administration of this Article shall be governed by R.S. 40:48-2.3 to 40:48-2.12 and any amendments that may be made thereto. (07-05-55, Sec. 8)

The Housing Officer shall have the right to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Article, including the following power in addition to the others herein granted:

Complaints or orders issued by the Housing Officer pursuant to this ordinance, shall be served upon persons either personally or by registered mail, but if the thereabouts of such persons is unknown and the same cannot be ascertained by said Housing Officer in the exercise or reasonable diligence, and the said Housing Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of Pennsville, a newspaper circulating in the Township, if none be therein published. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer. (12-30-74, Sec. 1)

Pursuant to the provisions of N J S 40:49-5.1, et seq, and the "International Property Maintenance Code of 1998" as may be amended or supplemented are hereby accepted, adopted, and established as standards to be used as a guide in determining the fitness of a building for human habitation, occupancy or use. Copies are on file in the office of the Township Clerk and are available to persons desiring to use and examine same. (12-30-74, Sec. 2; Am. 04-01-82, Sec. 3; Am. 11-03-88, Sec. 3; Am. 03-18-99)

Nothing in this ordinance shall be construed to abrogate or impair the power of the Township or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by his ordinance shall be in addition and supplemental to the powers conferred upon the Township by any other law or ordinance. (12-30-74, Sec. 3)

The provisions of Revised Ordinances of the Township set forth in Section 1.1-2 dealing with the severability of parts and section 1.1-6 dealing with general penalty shall apply to the provisions of this amended ordinance. (12-30-74, Sec. 4)

The Housing Officer of the Township of Pennsville be and he is hereby designated as the officer to exercise the powers prescribed by the within ordinance, and he shall serve in such capacity without any additional salary. (12-30-74, Sec. 1)

Pursuant to the provisions of N.J.S.40:49-5.1 and the "International Property Maintenance Code 1998" as may be amended or supplemented, are hereby accepted, adopted and established as standards to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Copies are on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same. (12-30-74, Sec. 2, Am. 04-01-82, Sec. 4, Am. 03-18-99)

The Housing Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Pennsville in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings

and of the general public. For the purpose of making such inspections the Housing Officer is hereby

authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupants of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Housing Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination on and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this ordinance. (12-30-74, Sec. 3)

Whenever the Housing Officer determines that are reasonable grounds to believe that there has been a violation of any provision of this ordinance, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall (a) be put in writing; (b) include a statement of the reasons why it is being issued; (c) allow a reasonable time-for the performance of any act it requires; and (d) be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action, which, if taken, will affect compliance with the provisions of this ordinance and with rules and regulations adopted pursuant thereof. (12-30-74, Sec. 4)

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this ordinance, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matters before the Housing Officer, provided such person shall file in the office of the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after they say the notice was served. (12-30-74, Sec. 5)

Upon receipt of such petition the Housing Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided that upon application of the petitioner the Housing Officer may postpone the date of the hearing for a reasonable time beyond such 10-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement. (12-30-74, Sec. 6)

After such hearing, the Housing Officer shall sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this Ordinance and of the rules and regulation adopted pursuant thereto have been complied with. If the Housing Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this Ordinance shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Officer within ten days after such notice is served. The proceedings at such hearing, including the findings and decision of the Housing Officer shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Township Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Housing Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. (12-30-74, Sec. 7)

Whenever the Housing Officer finds that an emergency exists which requires immediate action to protect the public health, or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this ordinance, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Housing Office shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this Ordinance and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, or modify it, or revoke it. (12-30-74, Sec. 8)

The Housing Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this ordinance, provided, however, that such rules and regulations shall not be in conflict with the provisions of this ordinance, nor in anywise alter, amend or supersede any of the provisions thereof. The Housing Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Township. (12-30-74, Sec. 11; Am. 04-01-82, Sec. 5)

No person shall occupy as owner occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the "New Jersey State Housing Code" and the "International Property Maintenance Code of 1998" established hereby as the standards to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.

The provisions of Revised Ordinances of the Township, Section 1.1-2 dealing with severability of parts and Section 1.1-6 dealing with general penalty shall apply to the provisions of this Ordinance. (12-30-74, Sec. 11; Am. 04-01-82, Sec. 5; Am. 03-18-99)

The Housing Officer of the Township of Pennsville be and he is hereby designated as the officer to exercise powers and duties prescribed by this Article. (09-20-79, Sec. 1)

Pursuant to the provisions of Chapter 2 l, P .L. 1946 (N J S A 40:49-5.1) the "New Jersey State Housing Code" and "International Property Maintenance Code 1998" as approved by the State Departments and filed in the Secretary of State's Office is hereby accepted, adopted and established as standards to be used as a guide in determining whether dwellings in this municipality are safe sanitary and fit for human habitation and rental. Copies of the "New Jersey State Housing Code" and "International Property Maintenance Code 1998" are annexed to this ordinance and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same. (12-30-74, Sec. 2, Am. 04-01-82. Sec. 4, Am. 03-18-99)

This Article is to regulate against sub-standard dwelling structures in features of structure, equipment; maintenance or occupancy, and intends to abate such conditions which adversely affect the public health and safety and which contribute to create blight conditions. The inspection of dwelling structures and determination of such adverse conditions to cause correction thereof will promote the public health, safety and welfare of the community by enforcement of acceptable housing standards. (09-20-79, Sec. 1)

A dwelling structure shall mean a building or portion of a building containing a room or space or group of rooms or spaces combined to provide living facilities for one or more persons with facilities for living, sleeping and cooking. This shall include, but not limited to, an apartment unit and mobile home. (09-20-79)

No person, firm or corporation which owns, operates or manages any dwelling structure, as defined herein, shall rent, lease, let or permit to be occupied such dwelling structure without first securing a certificate of occupancy from the Township; nor shall any person, firm or corporation acquiring or purchasing, in any manner, occupy any such dwelling structure or allow, abet or permit same to be occupied by any other person without first securing such certificate of occupancy. (09-20-79)

Application to secure a certificate of occupancy shall be made to the Housing Officer's Office upon approved form, submitting all required information. Upon making of said application, the Housing Officer shall arrange for inspection of the dwelling structure to determine that its condition complies with the regulations governing zoning, the building, plumbing, electrical, health and safety, fire or fire prevention and minimum housing standards and any rules or regulations established pursuant there to as referred to in Sec. 7.3B-2 of this Article. (09-20-79, Sec. 1)

By the making of said application, the applicant shall consent to and give free access to such dwelling structure to the examining officer for the purpose of making examination of the premises and issuance of the certificate. (09-20-79, Sec. 1)

Upon completion of inspection, the examining officer shall give notice to the applicant of any repairs or alterations of such dwelling structure which are necessary to effect compliance with the provisions of this Article. Such notice shall be in writing, setting forth the repairs or alterations to be made and served upon the applicant or its agent. (09-20-79, Sec. 1)

A certificate of occupancy shall be issued by the Housing Officer, if

                    (1) Upon inspection, the premises are in compliance with requirements, or
                    (2) Upon reinspection and completion of required repairs or Alterations.

No occupancy shall be authorized and no certificate shall be issued therefor during the time that such required repairs or alterations are being made.

Inspection of apartment unit, mobile home, $25.00 house

for sale, house for rent (for occupancy)

Reinspection of above (for same certificate) $25.00

Third or subsequent inspection $50.00

(for each for same certificate)

(09-20-79, Sec. 1; Am. 04-01-82, Sec. 7; Am. 11-03-88, Sec. 4; Am. 08-02-90, Sec. 4)

Any person, firm or corporation violating any of the terms or provisions of this Article, shall, upon conviction therefor, be subject to the penalty prescribed for the violation of an ordinance as contained in Revised Ordinances, Section 1.1-6, General Penalty, or as otherwise provided for by law. (09-20-79)

The provisions of Revised Ordinances, Sec. 1.1-2, Severability of Parts, and Sec. 1.1-6, General Penalty, shall apply to the provisions of this amended ordinance.

Sections 7.4-2.1 to 7.4-4, are repealed in their entirety with the exception of the following:

(5) Design and Other Requirements.

In the making of his determination, the Township Committee may accept the recommendations of the Township Engineer, but such determination shall be based upon actual circumstances and be strictly construed against the applicant, and giving due regard to the standards set forth in Section 24.11-12 of the Zoning Ordinance.

In the alternative, the Township Committee may require any applicant who requests a waiver from the installation of either, curb, gutter or sidewalk along their property frontage to post the estimated construction value of said improvement as determined by the Township Engineer in an interest bearing escrow account to be maintained by the Township Treasurer. After passage of five years from the date of deposit, if the Township has not used said funds to construct the curb, gutter and sidewalk along the frontage of said property, the said funds and all accrued interest shall be returned to the applicant. (09-05-63; Am. 03-01-73; Am. 04-01-76; Am. 11-03-58, Sec. 5; Am. 07-02-98)

ARTICLE 5. MAINTENANCE OF EXTERIOR PREMISES

There exists in the Township a need to enforce against the conditions under which some property is allowed to remain or failed to be maintained which is an annoyance to neighboring owners and to the community.

This is an ordinance to promote the public health, safety and welfare of the inhabitants of the Township in all existing premises by establishing minimum requirements for the safe and sanitary maintenance of lands whether occupied or vacant in both residential and non-residential areas, and to provide for the administration, enforcement and penalties of such conditions.

This ordinance is related to the manner in which lands are maintained concerning the growth of vegetation thereon and the accumulation of trash and garbage which may contribute to the appearance of blight or adversely affect the public health or safety of the Township. (09-01-94, Sec. 1)

The occupant of a premises shall be directly responsible for compliance with this section. In the event the premises is vacant, the owner or the owner's representatives shall be responsible for compliance with this section. (09-01-94, Sec. 2: Am. 07-20-00)

It shall be unlawful for any person, firm, or corporation to maintain, control, occupy, or use any real property in this Township when any of the following conditions exist:

(6) An accumulation of trash or debris that constitutes a safety or health hazard.

Abatement of the above conditions may result in action by the Township, including grass cutting, removal of trash and garbage, pumping the pool, boarding up windows, and trimming of trees.

None of the above paragraphs shall include municipal lands held in reserve or for the specific purpose of solid waste management. (Am. 09-01-94, 07-20-00)

This Article is in the exercise of the police powers of the Township for the promotion of matters stated in Sec. 7.5-1.

The Housing Officer shall be the enforcement officer of this Article. In the absence of such officer and there are existing exigent circumstances requiring immediate attention, the Zoning Administrative Officer shall act as such enforcement officer.

The enforcement officer shall have the authority and responsibility to:

The giving of such notice, however, shall not be required to effectuate the purpose of this Article, and the enforcement officer may proceed with a formal complaint in or abatement the first instance.

In the use of such discretionary notice procedure, the officer shall direct to each responsible party a notice to abate setting forth the following matters:

The failure to include the responsible party shall not, however, be grounds to invalidate the proceedings against any other party;

In the event the condition or conditions complained of are not corrected or removed within the time permitted, the enforcement officer shall either institute a complaint before the court having jurisdiction to seek the relief or penalty provided for herein, or cause and abatement of the condition in question. (Am. 09-19-96)

The Notice in Sec. 7.5-4 shall be deemed to have been given if made by personal service or by certified mail directed to the responsible person or persons according to the address of the premises involved; or, in the event no address is listed for the premises, then directed to the name of the owner as appears upon the tax assessment record of the Township.

In the event the property is posted with a common type realtor's sign indicating the premises are offered for sale, the realtor shall be considered a responsible party as the owner's agent and a Notice shall also be provided to the office of such agency.

The provision of Revised Ordinances, Sec. 1.1-2, Severability of Parts, shall apply to this Article. (09-01-94, Sec. 1)

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