[Ord. No. 4-2020, 3/12/2020[1]]
This Part shall be known as the "Canton Township Blight Protection
and Enforcement Ordinance."
[1]
Editor's Note: This ordinance also repealed former Part
4, Abandoned or Vacant Properties, adopted by Ord. No. 7-2018, 11/8/2018.
[Ord. No. 4-2020, 3/12/2020]
It is the purpose and intent of the Township through the adoption
of this Part to implement certain provisions of the Act of October
27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A. Ch. 61, known as the Neighborhood
Blight Reclamation and Revitalization Act, to establish a process
to address deterioration and blight of our neighborhoods caused by
an increasing amount of abandoned, foreclosed, or distressed property
located within the Township, and to identify, regulate, limit, and
reduce the number of abandoned properties located within the Township.
It is the Township's further intent to establish a registration
program as a mechanism to protect neighborhoods from becoming blighted
due to the lack of adequate maintenance and security of abandoned
and foreclosed properties.
[Ord. No. 4-2020, 3/12/2020]
1.
ABANDONED
ACCESSIBLE PROPERTY/STRUCTURE
ACT
AGREEMENT
APPLICABLE CODES
BENEFICIARY
BLIGHTED PROPERTY
A.
B.
C.
D.
BOARD
BUYER
DAYS
DEED IN LIEU OF FORECLOSURE
DEED OF TRUST
DEFAULT
DISTRESSED
EVIDENCE OF VACANCY
FIELD SERVICE PROVIDER
FORECLOSURE
INSPECTION
NOTICE OF DEFAULT
OWNER
PROPERTY
RESIDENTIAL
RESPONSIBLE PARTY
SECURING
SERIOUS VIOLATION
SUBSTANTIAL STEP
TOWNSHIP PERMIT
TRUSTEE
TRUSTOR
UNOCCUPIED
VACANT
The following words and phrases, when used in this Part, shall have
the meanings given to them in this section unless the context clearly
indicates otherwise.
Any real property located in the Township, whether vacant
or occupied, that is in default on a mortgage, has a lis pendens filed
against it by the lender holding a mortgage on the property, is subject
to an ongoing foreclosure action by the lender, is subject to the
application for a tax deed or pending Tax Assessor's lien sale,
or has been transferred to the lender under a deed in lieu of foreclosure.
The designation of a property as "abandoned" shall remain in place
until such time as the property is sold or transferred to a new owner,
the foreclosure action has been dismissed, and any default on the
mortgage has been cured.
A property or structure that unauthorized persons may gain
entry to the interior space through a compromised/breached/unsecured
gate, door, fence, wall, window, or other point of entry.
The Act of October 27, 2010 (P.L. 875, No. 90), 53 Pa.C.S.A.
Ch. 61, known as the Neighborhood Blight Reclamation and Revitalization
Act.
Any agreement or written instrument that provides title to
the residential properties, and shall be transferred or conveyed from
one owner to another owner after the sale, trade, transfer or exchange.
To include, but not be limited to, the Township's Property
Maintenance Code, the Zoning Ordinance, Building Code, Fire Code,
the Pennsylvania Building and Fire Codes, the UCC, and the Township's
Codified Ordinances.
A lender or other entity under a note secured by a deed of
trust.
Property that has broken or severely damaged windows, doors,
walls, or roofs which create hazardous conditions and encourage trespassing;
Property whose maintenance is not in conformance with the maintenance
of other neighboring properties, causing a decrease in value of the
neighboring properties;
Properties cited for a public nuisance pursuant to the applicable
codes; or
Properties that endanger the public's health, safety, or
welfare because the properties are vacant and abandoned or improvements
thereon are dilapidated, deteriorated, or violate minimum health and
safety standards or lack maintenance as required by the applicable
codes.
Means and shall refer to the Township Board of Supervisors
or other body granted jurisdiction to render decisions in accordance
with the Municipalities Planning Code, the Second Class Township Code,
or any board authorized to act in a similar manner by law.
Any person, co-partnership, association, corporation, or
fiduciary that agrees to transfer anything of value in consideration
for property described in an agreement of sale.
Consecutive calendar days.
A recorded document that transfers property from the trustor
to the holder of deed of trust upon consent of the beneficiary of
the deed of trust.
An instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan. May be
used in place of a mortgage in some places.
A failure to fulfill a contractual obligation, monetary or
conditional.
A property that is introduced to a foreclosure procedure.
Any condition visible from the exterior that on its own,
or combined with other conditions present, would lead a responsible
person to believe that the property is vacant. Such conditions would
include, but are not limited to, overgrown and/or dead vegetation,
accumulation of newspapers, circular, flyers, mail, past-due utility
notices or disconnected utilities, accumulation of trash, junk, debris,
the absence of furnishings, window coverings such as blinds or drapes,
absence of personal items consistent with residential habitation,
and statements from neighbors, passersby, delivery agents, and government
employees that the property is vacant.
An individual, entity or department that is responsible for
inspecting, securing and maintaining an abandoned property.
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the borrower
defaults.
A physical investigation at a property to obtain evidence
of occupancy or vacancy and/or to verify compliance with this Part
and any other applicable code or law. Although interior inspections
may be allowed under a deed of trust, they are not required by this
Part.
A recorded notice that a default has occurred under a Deed
of Trust and that the beneficiary intends to proceed with a trustee
sale.
A holder of the title to residential, commercial, or industrial
real estate, who possesses and controls the real estate. The term
includes, but is not limited to, heirs, assigns, and beneficiaries
and lessees, provided this ownership interest is a matter of public
record, including lessees under leases for which a memorandum of lease
is recorded in accordance with the Act of June 2, 1959 [P.L. 254 (Vol.
1), No. 86], 21 P.S. § 405, as well as a person, co-partnership,
association, corporation or fiduciary having a legal or equitable
title or any interest in any real property.
An unimproved or improved property, or portion thereof, situate
in the Township, and includes the buildings or structures located
on the property, regardless of condition.
Any property or portion thereof situated in the Township
designated or permitted to be used for dwelling purposes, and shall
include all buildings and structures located on such property. This
shall include any property being offered for sale, trade, transfer
or exchange as residential, whether or not it is legally permitted
and/or zoned for such use.
The beneficiary that is pursuing foreclosure of a property
subject to this Part secured by a mortgage, deed of trust or similar
instrument or a property that has been acquired by the beneficial
interest at a trustees sale.
Such measures as may be directed by the Code Enforcement
Officer so that the property is not accessible to unauthorized persons,
including, but not limited to, the repairing of fences and walls,
chaining/padlocking gates, and the repair or boarding of doors, windows
or other openings. Boarding shall be completed to a minimum of the
current HUD standards at the time the boarding is completed or required.
Locking includes measures that require a key, keycard, tool or special
knowledge to open or gain access.
A violation of a state law and/or applicable code (as defined
herein) that poses an imminent threat to the health and safety of
a dwelling occupant, occupants in surrounding structures or passersby.
Property found to be a public nuisance is also considered to be a
serious violation.
An affirmative action as determined by the Township Code
Enforcement Officer on the part of a property owner or managing agent
to remedy a serious violation of a state law or municipal code, including,
but not limited to, physical improvements or repairs to the property,
which affirmative action is subject to appeal in accordance with applicable
law.
Shall mean and refer to privileges relating to real property
granted by the Township, including, but not limited to, building permits,
exceptions to zoning ordinances, and occupancy permits. The term includes
approvals pursuant to land use ordinances other than decisions on
the substantive validity of a zoning ordinance or map or the acceptance
of a curative amendment.
The person, firm, entity, or corporation holding the deed
of transfer secured by the property.
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
Without occupants.
A building/structure that is not legally occupied for a period
of 60 calendar days or more. Exception: This definition shall not
apply to properties where owners have, for reasons such as extended
vacations, nursing home care, or temporary employment, not occupied
their homes for over 90 days but intend to return and have notified
the Township of their intentions.
[Ord. No. 4-2020, 3/12/2020]
Within 10 days of the purchase and/or transfer of a loan/deed
of trust secured by a residential property, the new beneficiary shall
record with the Washington County Recorder of Deeds Office said transaction
that shall list the name of the corporation, entity or individual,
the mailing address and contact phone number or the new beneficiary
responsible for receiving payments associated with the loan/deed of
trust.
[Ord. No. 4-2020, 3/12/2020]
1.
Registration is required for all abandoned or vacant property within
the Township. A separate registration is required for each property.
2.
The owner and/or any responsible party, upon default by the mortgagor
of the mortgage, shall perform an inspection of the property that
is subject to this Part and shall verify if the property in question
is, pursuant to 53 Pa.C.S.A. Ch. 61, known as the Neighborhood Blight
Reclamation and Revitalization Act, vacant and/or abandoned for a
period of 60 calendar days described within this Part. If the property
is found to be vacant and/or abandoned, the owner and/or responsible
party shall, within 10 days, register said property with the Township.
This registration provision applies only to buildings and/or structures
that are vacant for a period of 60 calendar days or more.
3.
If the property is occupied but remains in default, it shall be inspected
by the mortgagee (lender) or his designee monthly until either the
mortgagor or other party remedies the default or it is found to be
vacant or shows evidence of vacancy, at which time it is deemed abandoned,
and the mortgagee shall, within 10 days of that inspection, update
the property registration to a vacancy status on the Township-provided
forms.
5.
Said registration shall contain the name of the owner and/or responsible
party, the direct street/office mailing address of said owner and/or
responsible party (no PO Boxes), a direct contact name and phone number
of the owner and/or responsible party, and the name, address, and
phone number of a management company being used by said owner and/or
responsible party for the specified property who is responsible to
see that the property is secured and maintained regularly. If the
owner and/or responsible party is an entity, it must provide the registered
office, principal place of business, type of entity, in what state
the entity was formed, whether the entity has qualified to do business
as a foreign entity in Pennsylvania, and the home address of at least
one responsible officer, member, trustee, or partner shall also be
included.
6.
This registration shall be valid as long as the registered property
remains subject to this Part. Any changes to the information required
on this registration shall be reported to the Township office within
10 days of the change. The Township is not responsible to verify the
accuracy of the information provided.
7.
Failure of the owner and/or responsible party to properly register
or to modify the registration form from time to time to reflect a
change of circumstances as required by this Part is a violation of
this Part and shall be subject to enforcement.
8.
The provisions of this section shall also apply to owners, servicers,
trustees, property managers, and agents of all vacant and/or abandoned
property, whether or not the property is subject of a mortgage. All
property must be registered immediately upon vacancy.
9.
Property subject to this Part shall remain under the registration
requirements, security and maintenance standards of this section as
long as the property in question remains abandoned or vacant.
10.
It is the obligation of the owner and/or responsible party to inform
the Township of any pending action, such as bankruptcy or other court
or administrative action that would prohibit the owner and/or responsible
party from taking any of the action required in this Part.
11.
Pursuant to any administrative or judicial finding and determination
that any property is in violation of this Part, the Township may take
the necessary action to ensure compliance with and place a lien on
the property for the cost of the work performed to benefit the property
and bring it into compliance.
[Ord. No. 4-2020, 3/12/2020]
1.
The exterior areas of property shall be kept free from weeds, overgrown
brush, dry brush, dead vegetation, trash, junk, debris, building materials,
any accumulation of newspapers, circulars, flyers, notices, except
those required by federal, state, or local law, discarded personal
items, including, by not limited to, furniture, clothing, large and
small appliances, printer material or any other items that give the
appearance of abandonment.
2.
The property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior grade paint
that closely matches the color of the exterior of the structure.
3.
Front, side, and rear yards, including landscaping, shall be maintained
in accordance with the applicable code(s) at the time registration
was required.
4.
Insofar as there is existing or previously existing landscaping,
all yard areas shall be maintained in accordance with applicable code(s).
If no landscaping previously existed at the property in front and
visible side yards, installation is not required under this Part.
Landscaping includes grass, turf stain, ground covers, bushes, shrubs,
hedges or similar plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential installation.
5.
Landscaping does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, mulch (unless applied in conjunction
with either reseeding or turn areas), indoor-outdoor carpeting or
any similar materials.
6.
Maintenance shall include, but is not limited to, regular weeding,
watering, irrigation, staining or restaining, cutting, pruning and
mowing of required ground cover or landscape and removal of trimmings.
7.
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris, or drained and kept dry in
accordance with applicable codes. In either case, properties with
pools and/or spas must comply with the minimum security fencing requirements
of the Township or commonwealth.
8.
Adherence to this section does not relieve the owner and/or responsible
party of any obligations set forth in any covenants, conditions and
restrictions and/or home association rules and regulations that may
apply to the property.
9.
In addition to the above, the property is required to be maintained
in accordance with the Township's Property Maintenance Code,
Building Code, Fire Code, and/or other applicable codes of the Township.
10.
Failure of the owner and/or responsible party to properly maintain
the property may result in a violation of the applicable code(s) and
issuance of a citation or notice of violation in accordance with applicable
codes. Pursuant to a finding and determination by either the Township
Code Enforcement Officer, Magisterial District Judge, or a court of
competent jurisdiction, the Township may take the necessary action
to ensure compliance with this section.
[Ord. No. 4-2020, 3/12/2020]
1.
Abandoned, vacant, and/or blighted property subject to this Part
shall be maintained in a secure manner as not to be accessible to
unauthorized persons.
2.
The owner and/or responsible party shall keep all doors, windows,
and openings from the roof or other areas in good repair, and shall
ensure that the roof is intact and allows for property stormwater
drainage. Where such doors or windows or entrances to openings are
readily accessible to trespassers or unauthorized persons, they shall
be kept securely locked, fastened, or otherwise secure. The owner
and/or responsible party shall take any other measures prescribed
by the Code Enforcement Officer to prevent unauthorized entry to the
premises by closing all openings with materials approved by the Code
Enforcement Officer. A vacant and/or abandoned building which is not
secured against entry shall be deemed unsafe. Locking includes measures
that require a key, keycard, tool or special knowledge to open or
gain access.
3.
The owner and/or responsible party of blighted property shall secure
all spaces designed as windows with windows that have frames and glazing
and all entryways with doors. Sealing of such a property with boards
or masonry or other materials that are not windows with frames and
glazing or entry doors shall not constitute good repair or being locked,
fastened or otherwise secured pursuant to this Part.
4.
If a mortgage on a property is in default, and the property has become
abandoned and/or vacant, a property manager shall be designated by
the mortgagee, owner, trustee, or legal entity to perform the work
necessary to bring the property into compliance with the applicable
code(s), and the property manager must perform regular inspections
to verify compliance with the requirements of this Part and any other
applicable laws.
5.
The owner and/or responsible party shall perform monthly inspections
to verify that the requirements of this Part are being met.
6.
Vacant, abandoned, and/or blighted property shall be posted with
the name and twenty-four-hour toll-free contact phone number of the
owner and/or responsible party or their designee. The posting shall
be no less than 8 1/2 inches by 11 inches and shall contain,
along with the name and twenty-four-hour toll-free contact number,
the words, "THIS PROPERTY BEING MANAGED BY" and "TO REPORT PROBLEMS
OR CONCERNS CALL" or similar language. The posting shall be placed
in a window adjacent to the entry door or attached to the exterior
of the entry door. Exterior posting must be constructed of, printed
with, or contained in weather-resistant materials.
[Ord. No. 4-2020, 3/12/2020]
1.
An applicant for a Township permit shall be required to disclose
on the applicable application if any of the following exists on any
real property owned by the owner and/or responsible party in any municipality
in the Commonwealth of Pennsylvania, and the Township or Board may
deny issuing an applicant a Township permit if there exists on the
owner's and/or responsible party's real property the following:
A.
Tax delinquencies or delinquencies related to services provided at
a cost by the Township or other municipal entity, including, but not
limited to, water service, sanitary sewer service, refuse collection,
and parking allotments/facilities, which benefit individual properties
and also serve to benefit the overall health, safety, and welfare
of all residents of the Township.
B.
A serious violation, and the owner and/or responsible party has taken
no substantial step to correct the violation within six months following
notification of the violation and for which fines or other penalties
or a judgment to abate or correct were imposed by a Magisterial District
Judge or Municipal Court, or a judgment at law or in equity was imposed
by a Court of Common Pleas. However, no denial shall be permitted
on the basis of a property for which the judgment, order or decree
is subject to a stay or supersedeas by an order of competent jurisdiction
or automatically allowed by statute or rule of court until the stay
or supersedeas is lifted by the court or a higher court or the stay
or supersedeas expires as otherwise provided by law. Where a stay
or supersedeas is in effect, the owner and/or responsible party shall
so advise the Township or Board seeking to deny a Township permit.
The Township or Board shall not deny a Township permit to an applicant
if the Township permit is necessary to correct a violation of state
law or a code.
C.
The Township permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer, or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
D.
In issuing a denial of a Township permit based upon an applicant's
delinquency in real property taxes or municipal charges or for failure
to abate a serious violation of state law or a code on real property
that the applicant owns in this commonwealth, the Township or Board
shall indicate the street address, municipal corporation, and county
in which the property is located and the court and docket number for
each parcel cited as a basis for the denial. The denial shall also
state that the applicant may request a letter of compliance from the
appropriate state agency, municipality or school district, in a form
specified by such entity as provided in this section.
E.
All Township permits denied in accordance with this section may be
withheld until an applicant obtains a letter from the appropriate
state agency, municipality, or school district indicating the following:
(1)
The property in question has no final and unappealable tax,
water, sewer, or refuse delinquencies;
(2)
The property in question is now in state law and code compliance;
or
(3)
The owner of the property has presented, and the appropriate
state agency or municipality has accepted, a plan to begin remediation
of a serious violation of state law or a code. Acceptance of the plan
may be contingent on beginning the remediation plan within 30 days
of acceptance of the plan, if mutually agreeable to the both the property
owner and the municipality, or upon completing the remediation plan
within 90 days following acceptance of the plan, if mutually agreeable
to both the property owner and the municipality.
F.
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section, provided that
a copy of the request has been delivered to the Township. Letters
required under this section shall be verified by the appropriate Township
officials before issuing to the applicant a Township permit. The appropriate
state agency, municipality, or school district shall specify the form
in which the request for a compliance letter shall be made.
G.
Boards, including the Township Zoning Hearing Board, may deny approval
of Township permits, which includes special exception approval and
variance relief, if warranted, as set forth above, to the extent that
approval of such a Township permit is within the jurisdiction of the
Board.
H.
In any proceeding before a Board other than the Township Board of
Supervisors, the Township may appear to present evidence that the
applicant is subject to a denial by the Board in accordance with this
section.
I.
A denial of a Township permit shall be subject to the provisions of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies) and 2 Pa.C.S.A. Chapter 7, Subchapter B (relating to judicial review of a local agency action) or the Pennsylvania Municipalities Planning Code, for denials subject to the Act.
J.
This section shall require the owner and/or responsible party to
disclose the street address, tax parcel number, municipality, and
county of each such real property. All applicants for a Township permit
shall accurately complete the permit application disclosure form as
amended from time to time by resolution of the Township Board of Supervisors,
and said permit application disclosure form shall require the disclosure
be made under penalty as provided in 18 Pa.C.S.A. § 4904
for unsworn falsification to a government officer or employee (public
servant) performing official functions.
K.
With respect to a denial under the grounds authorized by the Act,
a denial may only be reversed for the following reasons:
(1)
An authentic proof of compliance letter in accordance with this
section;
(2)
Evidence of substantial steps taken to remedy a serious violation
set forth on the denial confirmed by an order of the court or the
Township Code Enforcement Officer;
(3)
Evidence of a timely appeal or administrative contest of a tax,
sewer, water, or refuse collection delinquency;
(4)
A failure of a state agency, school district, or Township to
issue a proof of compliance within 45 days of a request;
(6)
Any other verifiable evidence that establishes by a preponderance
of the evidence that a serious violation or collection delinquency
of tax, water, sewer, or refuse accounts does not exist.
L.
With respect to denial for reasons other than those authorized herein
or by the Act, the provisions of the applicable code shall govern.
The owner and/or responsible party shall be informed of the right
time and place to make an appeal.
[Ord. No. 4-2020, 3/12/2020]
Where property is inherited by will or intestacy, the devisee
or heir shall be given the opportunity to make payments on reasonable
terms to correct code violations or to enter into a remediation agreement
with the Township to avoid subjecting the devisee's or heir's
other properties to asset attachment or denial of Township permits
and approvals on other properties owned by the devisee or heir. Such
opportunity shall be given at the Township's discretion and subject
to revocation upon the devisee's or heir's failure to proceed
with a payment plan or to progress forward and complete a remediation
plan.
[Ord. No. 4-2020, 3/12/2020]
1.
In addition to any other remedy available at law or in equity, the
Township may institute the following actions against the owner and/or
responsible party of any real property that is in serious violation
of an applicable code or for failure to correct a condition which
causes the property to be regarded as a public nuisance:
A.
An in personam action may be initiated for a continuing violation
for which the owner and/or responsible party takes no substantial
step to correct within six months following receipt of an order to
correct the violation, unless the order is subject to a pending appeal
before the administrative agency or court. The Township reserves the
right to recover, in a single action, an amount equal to any penalties
imposed against the owner and/or responsible party and any costs of
remediation lawfully incurred by or on behalf of the Township to remedy
any code violation; or
B.
A proceeding in equity.
2.
A lien may be placed against the assets of an owner and/or responsible
party that is in serious violation of an applicable code or is regarded
as a public nuisance after a judgment, decree, or order is entered
by a court of competent jurisdiction against the owner and/or responsible
party of the property. Except as otherwise allowed by law, where the
owner and/or responsible party is an association or trust, no lien
shall be imposed upon the individual assets of any limited partner,
shareholder, member, or beneficiary of the owner and/or responsible
party.
[Ord. No. 4-2020, 3/12/2020]
All abandoned, vacant, and/or blighted property is hereby declared
a public nuisance, the abatement of which, pursuant to police power,
is hereby declared to be necessary for the health, welfare, and safety
of the residents of the Township.
[Ord. No. 4-2020, 3/12/2020]
1.
If the Code Enforcement Officer has reason to believe that a property
subject to this Part is posing a serious threat to the public health,
safety, and welfare, the Code Enforcement Officer may temporarily
secure the property at the expense of the owner and/or responsible
party, and may bring the violations before the Magisterial District
Judge as soon as possible to address the conditions of the property.
2.
In addition to the enforcement remedies established within this Part,
the Code Enforcement Officer shall have the authority to require the
owner and/or responsible party to implement additional maintenance
and/or security measures, including, but not limited to, securing
any and all doors, windows or other openings, installing additional
security lighting, increasing on-site inspection frequency, employment
of an on-site security guard or other measures as may be reasonably
required to arrest the decline of the property.
3.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Township may abate the violations and charge the owner and/or responsible
party with the cost of the abatement.
4.
If the owner and/or responsible party does not reimburse the Township
for the cost of temporarily securing the property, or of any abatement
directed by the Code Enforcement Officer or Magisterial District Judge,
within 30 days of the Township sending the owner and/or responsible
party the invoice, then the Township may lien the property with such
cost along with an administrative fee as determined by the Township
Fee Ordinance to recover the administrative personnel services.
[Ord. No. 4-2020, 3/12/2020]
Adherence to this Part does not relieve any person, legal entity,
or agent from any other obligations set forth in any applicable code
which may apply to the property. Upon offer for sale or transfer of
title to the property, the owner and/or responsible party shall be
responsible to apply to the Township's Code Enforcement Officer
for an occupancy permit.
[Ord. No. 4-2020, 3/12/2020]
The Code Enforcement Officer or any person authorized by the
Township to enforce this Part shall be immune from prosecution, civil
or criminal, for reasonable, good-faith entry upon real property while
in the discharge of duties imposed by this Part.
[Ord. No. 4-2020, 3/12/2020]
Whoever opposes, obstructs, or resists the Code Enforcement
Officer or any person authorized to enforce this Part in the discharge
of his/her duties, as provided in this Part, shall be punishable as
provided in applicable codes or a court of competent jurisdiction.
[Ord. No. 4-2020, 3/12/2020]
[Ord. No. 4-2020, 3/12/2020]
Violations of this Part shall be enforced in any combination
as allowed within this Part and the violations mandated by this commonwealth.
[Ord. No. 4-2020, 3/12/2020]
Any person aggrieved by any part of this Part shall have the
right to appeal the denial of a Township permit in accordance with
the applicable law governing the applicable Township permit. In the
case of a denial by the Township Code Enforcement Officer, the appeal
shall be made within 30 days of the denial to the Board of Appeals.
[Ord. No. 4-2020, 3/12/2020]
In the event of a conflict between the requirements of this
Part and federal requirements applicable to demolition, disposition,
or redevelopment of buildings, structures, or land owned by or held
in trust for the Government of the United States and regulated pursuant
to the United States Housing Act of 1973 (50 Stat. 888, 42 U.S.C.
§ 1437 et seq.) and the regulations promulgated thereunder,
the federal requirements shall prevail.
[Ord. No. 4-2020, 3/12/2020]
Any person, persons, partnership or any agents or executive
officers of any corporation violating any provision of this Part,
upon conviction, shall be subject to a fine of not less than $100
and not more than $600 and costs of prosecution, and in default of
the payment of said fine and costs, the defendant may be committed
to the Washington County Correctional Facility for a period not exceeding
30 days. Each day that a violation shall continue shall be deemed
and shall be taken to be a separate offense and shall be punishable
as such.
[Ord. No. 4-2020, 3/12/2020]
Should any provision, section, paragraph, sentence or word of
this Part be determined or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this Part shall remain in full force and effect.
[Ord. No. 4-2020, 3/12/2020]
This Part hereby repeals in its entirety and replaces the Canton
Township Requirement of the Registration of Abandoned or Vacant Residential/Commercial
Properties Ordinance of 2018. All other ordinances or parts of ordinances
conflicting or inconsistent with the provisions of this Part hereby
adopted are hereby repealed.
