[Ord. No. 1661, 6-8-2020]
The purpose of this ordinance requiring registration of all
vacant buildings is to assist the Township, and in particular the
Code Enforcement Department, in protecting the public health, safety
and welfare by monitoring the number of vacant buildings in the Township,
to assess the effects of the condition of those buildings on nearby
businesses and on the neighborhoods in which they are located, particularly
in light of fire safety hazards and to promote substantial efforts
to rehabilitate, rent or sell such vacant buildings. The provisions
of this ordinance are applicable to the owners of such vacant buildings
as set forth herein and are in addition to and not in lieu of any
and all other applicable provisions of the Township of Plymouth Code.
[Ord. No. 1661, 6-8-2020]
As applied to a building or structure subject to the provisions
of this ordinance, where one or more persons actually conducts a lawful
business or resides in all or any part of the building as the licensed
business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same.
A building or structure subject to the provisions of this
ordinance in which no person or persons actually, currently conduct
a lawfully licensed business, or lawfully reside or live in any part
of the building as the legal or equitable owner(s) or tenant-occupant(s)
or owner-occupant(s), or tenant(s) on a permanent nontransient basis.
For purposes of this chapter, properties or buildings that can accommodate
more than one use shall not be considered vacant if any portion of
the building is occupied. Any building with a construction permit
issued and in effect shall not be considered vacant under this chapter.
[Ord. No. 1661, 6-8-2020]
The requirements of this ordinance shall be applicable to the
owner of any building that has been vacant for more than 60 consecutive
days. Each such owner shall cause to be filed a registration statement
as outlined herein.
[Ord. No. 1661, 6-8-2020]
(a)
The owner of any building that has been vacant for more than 60 consecutive
days shall file a registration statement with the Plymouth Township
Code Enforcement Department. The registration statement shall include
the street address and Tax Map parcel number of each such vacant building,
the names and addresses of all owners, working telephone numbers,
and any other information deemed necessary by the Code Enforcement
Department. All owners and/or agents are required to supply a point
of contact or an emergency contact person(s) and a working telephone
number that has service 24 hours a day and 7 days a week. For purposes
of this ordinance, the following shall also be applicable:
(1)
If the owner is a corporation, the registration statement shall provide
the names and resident addresses of all officers and directors of
the corporation and shall be accompanied by a copy of the most recent
relevant filing with the Secretary of State;
(2)
If the owner is an estate, the registration statement shall provide
the name and business address of the executor of the estate;
(3)
If the owner is a trust, the registration statement shall provide
the name and business address of all trustees, grantors and beneficiaries;
(4)
If the owner is a partnership, the registration statement shall provide
the names and residence addresses of all partners with an ownership
interest in the property of ten percent or greater;
(5)
If the owner is any other form of unincorporated association, the
registration statement shall provide the names and residence addresses
of all partners with an ownership interest in the property of ten
percent or greater;
(6)
If the owner is an individual, the registration statement shall provide
the name and residence address of that person.
(b)
Registration shall be required for all vacant buildings, whether
vacant and secure, vacant and open, or vacant and boarded, and shall
be required whenever any building has remained vacant for 60 consecutive
days or more. In no instance shall the registration of a vacant building
be construed to exonerate the owner, agent or responsible party from
responsibility for compliance with any other building code or housing
code requirement. One registration statement may be filed to include
all vacant buildings of the owner so registering, but the payment
of all fees described herein are required for each property so registered.
(c)
Each registration statement shall be valid for a period of one (1)
year. If the property remains vacant upon the expiration of the registration
statement, the owner of the building shall be required to submit a
new registration statement to the Code Enforcement Department.
[Ord. No. 1661, 6-8-2020]
The registration fee shall be set by the Plymouth Township Council
by resolution from time to time, to offset the cost of processing
the form and administering compliance with this division. In addition,
in the case where the owner has failed to register, there shall be
assessed any added cost incurred by the Township in having to determine
ownership, which may include, but is not limited to title search.
[Ord. No. 1661, 6-8-2020]
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
or the responsible person or agent of the owner, to contact the Code
Enforcement Department within ten (10) days of the change and advise
the Department in writing of those changes.
[Ord. No. 1661, 6-8-2020]
The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay the registration fee(s) required in this chapter, or to otherwise fail to comply with the provisions of this chapter shall constitute a summary offense punishable upon conviction thereof by a fine, in accordance with § 2-29, Payment of fine, imprisonment for violation of ordinances.
[Ord. No. 1661, 6-8-2020]
All prior ordinances or parts of prior ordinances which are
inconsistent with this ordinance are hereby repealed to the extent
of such inconsistency.
[Ord. No. 1661, 6-8-2020]
In the event that any section, sentence, clause or word of this
ordinance shall be declared illegal, invalid or unconstitutional by
any court of competent jurisdiction, such declaration shall not prevent,
preclude or otherwise foreclose the validity of the remaining portions
of this ordinance.
