[Adopted 10-4-2001 by Ord. No. 31-2001]
[Amended 4-12-2017 by Ord. No. 5-2017]
In determining whether residential dwellings within the Township
are safe, sanitary and fit for human habitation, the following standards
are hereby accepted, adopted and made a part of the Township Code
as if fully set forth herein. The current 2009 International Property
Maintenance Code, published by the International Code Council, is
hereby accepted, adopted and established as the standard to be used
as a guide in determining whether dwellings in the Township are safe,
sanitary and fit for human habitation and rental.
One copy of the current Property Maintenance
Code will be on file in the office of the Township Clerk for use and
examination by the public.
The purpose of this article shall be to protect
the public health, safety and welfare in buildings used for dwelling
purposes, as hereinafter provided, by:
A.
Establishing minimum standards for basic equipment
and facilities for light, ventilation, space heating and sanitation;
for safety from fire; for space, use and location; for safe and sanitary
maintenance; and for cooking equipment in all dwellings and multifamily
dwellings and other standards as set forth in the current Property
Maintenance Code adopted by the State Department of Community Affairs
now in existence.
B.
Fixing the responsibilities of owners, agents, operators
and occupants of all dwellings and multifamily dwellings.
C.
Providing for administration, enforcement and penalties.
D.
Providing for the registration and identification
of all residential properties which are rented, leased or not otherwise
occupied by the owners thereof
The provisions of this article shall apply to all structures used for human habitation which are now, or may become in the future, substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and overcrowding or otherwise be deemed to constitute a menace to the safety, health and welfare of their occupants, except as provided in § 179-57. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
Any alterations to buildings, or changes of
use therein, which may be caused directly or indirectly by the enforcement
of this article shall be done in accordance with applicable sections
of the Uniform Construction Code.
Except as provided in § 179-57, in any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Township, the provisions best providing for the safety and health of the people shall prevail. In any case, where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the Township which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this article shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.
This article establishes minimum requirements
for the initial and continued occupancy of all buildings, including
commercial, used for human habitation and shall not replace or modify
requirements otherwise established for the construction, repair, alteration
or use of buildings, equipment or facilities, except as provided in
this article.
Nothing in this article shall be deemed to abolish
or impair existing remedies of the Township, or its officers or agencies,
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe or unsanitary.
[Amended 4-12-2017 by Ord. No. 5-2017]
No person shall occupy as owner or occupant or rent to another any building which does not conform to the applicable provisions of the current Property Maintenance Code provided in § 179-51.
The Housing Inspector, or his/her authorized
representative, shall be and is hereby designated as the officer to
exercise the powers prescribed by this article and to enforce the
provisions thereof.
The Construction Code Official is hereby authorized
and empowered to make, adopt and enforce such written rules and regulations
as he/she may deem necessary for the proper implementation and enforcement
of the provisions of this article; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
article, nor in any way alter, amend or supersede any of the provisions
hereof. The Construction Code Official shall file a certified copy
of all rules and regulations which he/she may adopt in his/her office
and in the office of the Township Clerk.
A.
Inspections. The Housing Inspector is hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
in order that he/she may perform his/her duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public.
B.
Notice. For the purpose of making the inspections referred to in Subsection A, the Housing Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all dwelling units, rooming units or premises, provided that 24 hours' notice is given to the owner or occupants of such dwellings.
C.
Right of entry. The owner or occupant of every dwelling,
dwelling unit and rooming unit, or the person in charge thereof, shall
give the Housing Inspector free access to such dwelling, dwelling
unit or rooming unit or premises at all reasonable times for the purpose
of such inspection, examination and survey,.
Every occupant of a dwelling or dwelling unit
shall give the owner thereof, or his/her 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
article or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this article.
A.
Service. Whenever the Housing Inspector determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this article, or of any rule or regulation
adopted pursuant thereto, he/she shall give notice of such alleged
violation to the person or persons responsible, as provided herein.
B.
Effect of notice. A notice served pursuant to this
section shall automatically be deemed and become an order.
C.
D.
Service of notice. A copy of the notice of violation
shall be served upon the owner, or his/her agent, or the occupant,
as the case may require, personally or by certified mail, addressed
to him/her at his/her last known address, or by posting a copy in
a conspicuous place in or about the dwelling affected by such notice,
or by any other method authorized or required by the laws of this
state.
A.
Right to hearing. Any person given notice pursuant to § 179-64 of a violation of this article, or any rule or regulation adopted pursuant hereto, shall be entitled to a hearing upon the matter before the County Construction Board of Appeals if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the County Construction Board of Appeals within 10 days of the service of the notice.
B.
Time for hearing. Upon receipt of the petition, the
County Construction Board of Appeals shall fix a time and place for
the hearing, but not later than 10 days after the filing of the petition,
and shall give the petitioner written notice thereof. On application
of the petitioner and a showing of good cause, the County Construction
Board of Appeals may grant a postponement thereof to a fixed date
which he/she deems reasonable under the circumstances.
C.
Rights at hearing. At the hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn.
D.
Decision. The County Construction Board of Appeals,
after the hearing, shall sustain, modify or withdraw the notice in
accordance with its findings as to whether the provisions of this
article and of the rules and regulations adopted pursuant hereto have
been complied with. If the County Construction Board of Appeals sustains
or modifies such notice, it shall be deemed to be and have the effect
of an order.
E.
Record of decision. The proceedings at such hearing,
including the findings and decision of the County Construction Board
of Appeals shall be summarized and reduced to writing and entered
as a matter of public record in the office of the County Construction
Board of Appeals. 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
County Construction Board of Appeals may seek relief therefrom in
any court of competent jurisdiction as provided by the laws and court
rules of this state.
[Amended 10-4-2001 by Ord. No. 31-2001]
Determination of emergency. Whenever the Housing
Inspector finds that in any dwelling, dwelling unit, rooming unit
or premises located within the Township a condition exists in violation
of this article, or the rules and regulations adopted pursuant hereto,
which presents such immediate and serious threat to the health and
safety of the occupants thereof or of the general public as to require
emergency action for their protection, he/she shall, without notice
or hearing, notify the Construction Code Official to take immediate
action under the Uniform Construction Code Act.
