[Adopted 1-11-1973 by Ord. No. 329; amended in its entirety 11-17-1987 by Ord. No.
456 (Ch. 10, Part 1, of the 1987 Code of Ordinances)]
A.
LESSEE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Township.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to create or maintain any
condition upon their property which could directly or indirectly cause
a nuisance or health hazard to residents of the Township. Specifically,
the unsheltered storage or maintenance of unused, stripped, damaged
and generally unusable machinery or equipment, or materials, shall
be considered a nuisance and/or health hazard if any of the following
conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Openings or areas which are conducive to the harboring and growth
of vermin.
C.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt, or fall from
its original storage position.
D.
Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents, and poisons.
E.
Any other condition which, in the opinion of the inspecting official
shall be deemed to be a health hazard, potential health hazard or
nuisance.
A.
Storage of such items as listed in § 429-2 hereof on personal property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 429-2 must first apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Commissioners. The nuisance(s) must be stored within a garage or other enclosed building, or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Commissioners, nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the machinery, equipment, or materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such potential nuisances may not exceed 10% of total acreage.
A.
The Health Officer is hereby empowered to inspect grounds on which
machinery, equipment, and/or various materials are stored to determine
if there is compliance with the provisions of this article. If noncompliance
with the provisions of this article constitutes a nuisance, or if
any condition, structure, or improvement poses a threat to the health,
safety, or welfare of the public, he shall issue a written notice
to be served by registered or certified mail upon the owner of said
premises, or, if the owner's whereabouts or identity be unknown,
by posting the notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice, and thereafter, to fully
comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which machinery, equipment, and/or
materials are stored does not comply with the notice to abate the
conditions, within the time limit prescribed, the Township shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections plus 10% of all costs. The Township,
in such event and pursuant to its statutory or otherwise authorized
police powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
A.
Any person aggrieved by the decision of the Health Officer may request
and shall then be granted a hearing before the Board of Commissioners,
provided he files with the Board of Commissioners, within 10 days
after notice of the Health Officer's decision, a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor. The hearing shall commence not later than 30 days
after the date on which the petition was filed unless postponed for
sufficient cause.
B.
After such hearing, the Board of Commissioners shall sustain, modify
or overrule the action of the Health Officer.
[Amended 12-8-1988 by Ord. No. 465[1]]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Commissioners.