[HISTORY: Adopted by the Township Committee of the Township of Holland 6-7-2006 by Ord. No. 2006-7. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 89.
Junk and junk dealers — See Ch. 95.
Land use — See Ch. 100.
Littering — See Ch. 105.
Plant life — See Ch. 121.
Nuisances (BOH) — See Ch. 195.
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. 
For the purposes of this chapter, the following terms shall have the meanings ascribed to them below:
OCCUPANT
Any person living in, sleeping in, or having actual possession of a dwelling unit.
OWNER
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.