[Adopted 9-23-2014 by Ord. No. O-23-2014]
As used in this article, the following terms shall have the
meanings indicated:
OWNER
Any person, group of persons, firm, corporation or officer
thereof, partnership, association, company, trust, or other legal
entity who owns, operates, exercises control over or is in charge
of a rental property or owner-occupied property.
OWNER-OCCUPIED DWELLING
Any structure which the owner thereof occupies, uses, or
allows to function or be occupied as a domicile or home other than
as a rental property.
RESIDENTIAL RENTAL PROPERTY
A building, group of buildings, or a portion thereof which
contains one or more individual apartments, which is kept, used, maintained,
advertised or held out to be a place where living accommodations are
supplied, whether furnished or unfurnished, for pay or other consideration,
to one or more individuals, and is meant to include one or more individual
apartments. A property shall be presumed to be a rental property if
a lease exists for the property, if there is written proof of rent
being paid thereon, or if the property is registered as a rental property.
Any of the notices required by this article shall be deemed
to be lawfully served if such notice is personally served upon the
individual named, or sent via certified mail with a return receipt,
or sent via regular mail to the individual named at the last known
address without return, or by posting or affixing a copy of the same
upon the door or other conspicuous part of such premises. Such posting
shall be deemed to be lawful service.
A residential rental property whose tenants, occupants or guests
shall be so disorderly as to disturb the peace and quiet of the landlord
or other tenants and occupants living in the dwelling or the neighborhood
shall be rebuttably presumed to be a nuisance house if any of the
following have occurred within 12 months prior to the filing of any
charge regarding a premises being a nuisance house:
A. A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for violation of the Noise
Ordinance of the Township of Franklin on the premises of the residential rental property; or
B. A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for a disorderly persons
offense or criminal offense, as defined by statute, on the premises
of the residential rental property; or
C. A residential property whose tenants, occupants or guests have been
convicted for a controlled dangerous substance(s) related offense
on the premises of the residential rental property; or
D. A residential property whose tenants, occupants or guests have been
convicted for prostitution or solicitation of same on the premises
of the residential rental property; or
E. A residential property whose tenants, occupants or guests have been convicted of a third or subsequent offense under Chapter
295 on the premises of the residential rental property.
An owner-occupied dwelling, whose owner(s) or occupant(s) shall
be so disorderly as to disturb the peace and quiet of the neighborhood
by the following, shall be rebuttably presumed to be a nuisance house
if any of the following have occurred within 12 months prior to the
filing of any charge regarding a premises being a nuisance house:
A. A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for violation of the Noise
Ordinance of the Township of Franklin on the premises of the owner-occupied property; or
B. A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for a disorderly persons
offense or criminal offense, as defined by statute, on the premises
of the owner-occupied property; or
C. A residential property whose tenants, occupants or guests have been
convicted for a controlled dangerous substance(s) related offense
on the premises of the owner-occupied property; or
D. A residential property whose tenants, occupants or guests have been
convicted for prostitution or solicitation for same on the premises
of the owner-occupied property; or
E. A residential property whose tenants, occupants or guests have been convicted of a third or subsequent offense under Chapter
295 on the premises of the owner-occupied property.
Written notice of conviction of the offenses set forth under §§
275-3 and
275-4 hereof shall be given to owners of residential rental properties and owner-occupied dwellings by the Township of Franklin Zoning Officer at least 30 days prior to a complaint for violation of this article being issued.