[Ord. No. 1329, § 10]
The public officers are hereby authorized and empowered to promulgate
such written rules and regulations as may be necessary for the proper
interpretation and administration of the provisions of this code,
provided that such rules and regulations do not conflict with this
code and conform to the general standards prescribed by this code,
and also provided that such rules and regulations have been approved
by the Township Manager. The public officer shall file copies of such
rules and regulations with the Township Clerk, the Health Department,
Township Engineer and the Fire Department and shall make available
in the public officer's office a copy for inspection by members of
the public during regular business hours. Such rules and regulations
shall have the approval of the Health Department, Township Engineer
and Fire Chief, respectively, where the provisions thereof relate
to matters which are also in the jurisdiction of and supervision of
each officer. In case of conflict, the rule or regulation may be promulgated
by direction of the Township Manager. Such rules and regulations shall
have the same force and effect as the provisions of this code, and
violations thereof shall be enforced as violations of the express
provisions of this code as herein provided.
[Ord. No. 1329, § 10]
The public officers shall have the power to withhold strict
enforcement of the requirements of this code upon written application
therefor by an owner, operator or occupant after making a determination
that:
(a)
Any variations or modification of structure or use approved by the
public officers will not in any material way alter the standards of
this code and cannot affect detrimentally the health or safety of
occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood; and
(b)
Premises subject to this code are contemplated for acquisition or
are within an area where acquisition is contemplated by a public agency
having the power of eminent domain and that there is a reasonable
likelihood that such premises will be acquired within a period of
two years and that the strict enforcement of the provisions of this
code would require the installation of repairs and improvements estimated
to exceed $300 in cost and that there is an alternative means satisfactory
to the public officers to be used which will eliminate violations
of this code constituting hazards to health, safety, welfare of the
occupants of the premises and persons in the immediate vicinity thereof;
provided, however, that any waiver of the provisions of this code
permitted under this section shall be canceled and the public officers
shall strictly enforce this code if it shall be ascertained subsequent
to the granting of the waiver that the premises are in fact not to
be acquired for public use or purpose.
[Ord. No. 1329, § 10]
Upon denial of any such application, the owner, operator or
occupant may request a hearing, which shall be held in accordance
with the provisions of the section upon hearings under the terms of
this chapter.
[Ord. No. 1329, § 10]
Such application shall not constitute a defense to any violation
of this code concerning which any proceedings are pending in the Municipal
Court when the application is filed, nor shall any variance or modification
allowed hereunder constitute a vested right against any ordinance
enacted hereinafter by the Township Council compelling strict enforcement
of any provisions of this code.
[Ord. No. 1329, § 10]
Where variations or modifications are approved of any section
of this code by the public officers or by the action of any court,
a written record thereof, stating the name of the applicant, the address
of the premises, the variation or modification approved, the date
of approval and the reasons therefor, satisfying the provisions contained
herein, shall be prepared by the public officers and filed both under
this section or sections of the code to which the variation or modification
applies and under the address of the premises, and such file shall
be available for public inspection in the office of the public officer
during regular business hours.
[Ord. No. 1329, § 10]
The public officers shall, in the month of March of each year,
review with the Fire Chief, Health Department, Township Engineer,
Building Department and Township Manager the procedure and operation
of this code and report to the Township Council on or before April
1:
(a)
Any recommended amendment, addition or modification of provisions
of this code consonant with the field experience of the personnel
charged with the enforcement.
(b)
A summary of the enforcement experience indicating the number of
violations abated, the number of cases processed in the Municipal
Court, the number of inspections made and such other and further pertinent
information as will provide the Township Council with an annual account
of progress in securing the standards required by this code.
(c)
Any further recommendation as to how the code and the procedures
and operations thereunder can be improved.
