[Amended 9-1-2004 by Ord. No. 28-04; 7-15-2015 by Ord. No. 16-15]
There is hereby adopted in the Township of Jefferson by reference the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, Inc., which shall be known as the "Property Maintenance Code of the Township of Jefferson." Three copies of said code shall remain on file in the office of the Township Clerk, which may be used by the public at any time during regular hours of the Township Clerk, and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set forth in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in §
367-2 of this chapter.
The following sections of the International
Property Maintenance Code for adoption in Jefferson Township are hereby
revised as follows:
A. Section 101.1. Insert: "Township of Jefferson Township."
C. Section 303.14. Insert: "May 1 to October 1."
D. Section 602.3. Insert: "October 1 to May 1."
E. Section 602.4. Insert: "October 1 to May 1."
F. Section 111.1. Insert at the end of the paragraph:
"Any person filing an appeal shall pay a fee to the Township of $100
for each appeal."
G. Section 111.2. Insert: Membership of the Board. The
following sentence shall replace the last sentence of Section 111.2.:
"The members of the Board shall be appointed by the Mayor with the
advice and consent of the Township Council for three-year terms, and
said members shall serve without compensation."
H. Section 111.2.5: Deleted.
I. There is
hereby created, in the Property Maintenance Code, Section 302.10 to
read as follows:
[Added 10-7-2009 by Ord. No. 31-09]
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302.10. Trees and Other Overhanging Objects. The
exterior of the premises, up to the public traveled way or curbline,
shall be kept free of dangerously loose and overhanging objects, including
but not limited to, dead trees or tree limbs, or any object, natural
or man-made, which could threaten the health and safety of persons
if caused to fall or other similar dangerously loose and overhanging
objects, which, by reason of their location above ground level, constitute
an actual hazard to persons or vehicles in the vicinity thereof.
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J. There is
hereby created, in the Property Maintenance Code, Section 302.11 to
read as follows:
[Added 10-7-2009 by Ord. No. 31-09; amended 12-21-2016 by Ord. No. 16-16]
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302.11. Structures and Trees Within The Public Right-of-Way. Any structure or tree existing in the public right-of-way fronting
any private property, which shall include, but not be limited to,
trees, landscaping materials, walls and sports equipment, shall be
maintained by the owner of the property fronting on that portion of
the public right-of-way. The property owner, at the owner's sole cost
and expense, shall remove any such structures or materials, if deemed
a hazard by the Township Department of Public Works or the Township
Police Department. Any trees or landscaping material within the public
right-of-way, which shall be deemed to be hazardous by the Department
of Public Works or the Township Forester, whether the entire tree
shall be deemed hazardous or just overhanging limbs or any portion
of trees, shall be removed at the direction of the Department of Public
Works or the Township Forester by the owner of the property adjacent
to the public right-of-way on which the object or objects are located.
Said removal, trimming or other work on the material side shall be
at the sole cost of the owner of the property and the owner shall
remain liable for any risk posed by said structures.
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K. Section
302.4, Weeds, of the International Property Maintenance Code shall
be amended to read as follows:
[Added 12-21-2016 by Ord.
No. 16-16]
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Section 302.4. Weeds. All premises and exterior
property shall be maintained free from weeds or plant growth in excess
of 14 inches in height above ground level. All noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs; provided, however, that
this term shall not include cultivated flowers and gardens. Upon failure
of the owner or agent having charge of a property to cut and destroy
weeds after service of a notice of violation, they shall be subject
to prosecution in accordance with Section 106.3 and as prescribed
by the authority having jurisdiction. Upon failure to comply with
the notice of violation, any duly authorized employee of the jurisdiction
or contractor hired by the jurisdiction shall be authorized to enter
upon the property in violation and cut and destroy the weeds growing
thereon, and the costs of such removal shall be paid by the owner
or agent responsible for the property.
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Nothing in this chapter or in the Property Maintenance
Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed; nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this chapter.
[Added 7-15-2015 by Ord.
No. 16-15]
A. Enforcement.
(1) Notwithstanding any language contained in the aforementioned International
Property Maintenance Code, 2006 Edition, enforcement of the provisions
of this chapter, including the International Property Maintenance
Code, may be made by any Property Maintenance Code Official, Police
Officer of the Township of Jefferson, the Zoning Officer of the Township
of Jefferson, the Construction Code Official of the Township of Jefferson,
or any person designated by the administration to enforce the provisions
of this code.
(2) Any enforcement of this Code may be pursuant to notice provisions
as set forth in the International Property Maintenance code, or in
the sole discretion of the enforcing officer; said officer shall have
a right to issue a summons for any violations of this code without
requiring any notice to be served upon the property owner or violator.
The enforcing officer shall have a right to charge a separate violation
for each day that any violations continue, and each such violation
shall be considered a separate violation for penalty purposes.
B. Penalties. Any person who violates any provisions of this chapter
shall, upon conviction thereof, be punished by a fine not to exceed
$2,000 or imprisonment for a term not to exceed 90 days, or both.
Each separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.