[HISTORY: Adopted by the Township Committee
of the Township of Holland 6-7-2006 by Ord. No. 2006-7. Amendments noted where
applicable.]
A.
The Township of Holland hereby finds that certain
unsafe, undesirable, and unhealthy conditions exist at various properties
in the Township.
B.
The public health, safety and welfare make it desirous
to terminate unsafe, undesirable, and unhealthy conditions and to
prevent other similar conditions from arising in the future on any
properties in the Township. It is further found that the existence
of certain substandard conditions on properties in the Township can
lead to blight and substandard neighborhoods and the consequent deterioration
of property values.
C.
The purpose of this chapter is to protect the health,
safety and welfare of the residents of the Township by establishing
certain minimum standards governing the maintenance, appearance and
condition of properties and to fix certain responsibilities and duties
upon owners and occupants. This chapter is declared to be remedial,
and it is intended that this chapter be liberally construed to effectuate
the purposes as stated herein.
A.
The terms, "building," "dwelling," "dwelling unit," and "lot" shall have the meanings ascribed to such terms by § 100-6 of the Code of the Township of Holland.
B.
OCCUPANT
OWNER
For the purposes of this chapter, the following terms
shall have the meanings ascribed to them below:
Any person living in, sleeping in, or having actual possession
of a dwelling unit.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any lot in this Township with
or without accompanying actual possession thereof; or shall have charge,
care or control of any dwelling or dwelling unit, as owner or agent
of the owner, or as fiduciary, including but not limited to: executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a mortgagee in possession regardless of how much
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
The exterior exposed surfaces susceptible to
decay of any building constituting or containing a dwelling unit,
or designed for human occupancy, on any lot in this Township shall
be kept at all times painted or otherwise provided with a protective
coating or surface sufficient to prevent deterioration. This provision
shall not apply during the course of active construction projects
for which a construction permit has been issued, provided that no
more than six months has expired since the issuance of such permit.
[Amended 9-7-2021 by Ord. No. 2021-14]
A.
Cutting of plant life close to dwellings. All areas installed with
lawns or other ground areas surrounding a dwelling or other building
designed for human occupancy, to a distance of 100 feet therefrom
on the side or rear thereof, and the entire area between such dwelling
or other such building and the street on which such lot fronts, shall
be maintained to a lawn or ground cover growth of not more than eight
inches. Planted shrubs, hedges, bushes, trees and other plant life
in these areas shall be maintained so as not to pose a danger to persons
or property, and dead plant life and downed trees shall be removed.
This provision shall not apply to areas of natural growth not ordinarily
maintained, such as forested areas or wetlands, and shall not apply
to areas actively devoted to agriculture.
B.
Parties. The owner, tenant, occupant, agent, and lessee of lands
in Holland Township shall all be subject to the provisions of this
section.
C.
Notice to cut. All brush, grass, shrubs, hedges, bushes, trees, or other plant life growing or remaining on the property in violation of Subsection A, above, shall be cut so that it complies with such requirements within 10 days after notice to cut the same has been given to the owner, occupant, lessee, agent and tenant of the property by the Township. Such notice shall be in writing by the Zoning Officer, and shall be served personally upon the owner, occupant, lessee, agent, and tenant of the property, or by sending a notice by registered mail, return receipt requested, or regular mail to the last known address of the owner, as shown on the tax records of the Township, by posting on the subject property, or by any combination thereof.
D.
Removal by Township; bill owner. If the owner, occupant, lessee,
agent or tenant fails to comply with such notice within the time provided,
the Zoning Officer shall arrange for the cutting and/or removal of
the grass, brush, hedge, tree, or other plant life and shall thereafter
certify to the Township Committee the cost of same, and, if found
correct, the Township Committee shall send the bill to the owner for
payment.
E.
Lien. If payment is not made within 30 days, the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form a part of the taxes next to be assessed and levied
upon such lands, the same to bear interest at the same rate as other
taxes and shall be collected and enforced by the same officers and
in the same manner as taxes.
F.
Violations and penalties. Violations of the provisions of this article, by any owner, occupant, lessee, agent or tenant of the subject property who received notice of same as provided in Subsection B, shall be punishable as provided in § 1-15. The imposition of any fine or punishment shall not constitute a bar to the right of the Township to also collect reimbursement for the cost of the removal and lien as set forth in Subsections C and D.
Owners and occupants of lots in this Township shall have the responsibilities prescribed by §§ 109-3 and 109-4 of this chapter. No owner or occupant shall be relieved from such responsibilities nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of the occupant or owner is also responsible therefor and may be in violation thereof.
