As used in this article, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure, or part thereof, whether used for
human habitation or otherwise, and includes any outbuildings and appurtenances
thereto or usually enjoyed therewith.
EXPOSED TO PUBLIC VIEW
Any premises, or part thereof, which may be lawfully viewed
by the public, or any member thereof, from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighborhood premises.
EXTERIOR OF THE PREMISES
Any part of the premises not occupied by any building thereon;
any open space on the outside of any building.
OWNER
The holder or holders of the title to the premises in fee
simple.
Any owner of premises as defined herein shall maintain such
premises where the same are exposed to public view, together with
the landscaping contained thereon, in an orderly state, with lawns
and bushes trimmed and free from becoming overgrown, littered and
unsightly, where such would constitute a blighting effect, depreciating
adjoining and nearby property. Ground surfaces shall be graded evenly
so as to eliminate holes, depressions, gullies, mounds, accumulation
of debris, natural or otherwise, or any other unsightly or unsafe
condition.
No owner or tenant of land located in the Township shall maintain,
or cause or permit to be maintained, brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris, the existence and maintenance of which shall create or tend
to create a fire hazard.
The Construction Code Official is hereby designated as the enforcement
authority for the purposes of this article and is hereby authorized
and directed to make or cause to be made inspections to determine
the condition of any premises as defined herein.
[Amended by Ord. No. 01-12; 9-15-2008 by Ord. No. 08-13; 1-17-2012 by Ord. No. 12-01; 7-15-2013 by Ord. No. 13-11]
A. "Residential
use" defined. A "residential use" means any building used to provide
living facilities for one or more families, but not including boardinghouses,
rooming houses, motels, hotels, or townhouses or condominiums in a
planned development.
(1) Should the enforcement authority, after conducting an inspection of residential premises, determine that there exists a violation of the terms and conditions of this article, the enforcement authority shall, prior to the issuance of any summons hereunder, issue to the owner of said residential property a written order to correct the stated violation within five calendar days. Failure of the owner to comply with such an order to correct such violation shall result in the issuance of a summons pursuant to the provisions hereof and the imposition of the penalty set forth in Subsection
D hereof.
(2) In
the event there shall be a second violation by the property owner
of the provisions of this article within the same calendar year of
the first violation, the enforcement authority shall not be required
to issue a written order to correct the stated violation but shall
issue a summons for the repeated violation forthwith.
B. "Commercial
use" defined. A "commercial use" is defined as any use other than
a residential use as defined hereinabove.
(1) Should
the enforcement authority, after conducting an inspection of commercial
premises, determine that there exists a violation of the terms and
conditions of this article, the enforcement authority shall issue
a summons for same forthwith and shall not be required to issue a
prior notice to correct the violation to the property owner prior
to issuing a summons.
C. Notice.
Any notice required hereunder shall be by personal service or certified
mail and, upon the failure of personal service or service by certified
mail, by regular mail or leaving a copy of the notice at the property
address.
D. Penalty.
(1) The
penalty for violation of this article by a residential property owner
shall be a warning for the first offense; a penalty in the amount
of $250 for the second offense; and a penalty of $500 for any third
or subsequent offenses.
(2) The
penalty for violation of this article by a commercial property owner
shall be the amount of $500 for the first offense, and $1,000 for
any second or subsequent offense.
[Amended 9-15-2008 by Ord. No. 08-13]
A.
If an owner shall fail to maintain the premises in accord with the provisions of §
255-6, then, upon the expiration of 10 calendar days after the giving of written notice by the enforcement authority, the Township of Clark shall have the right, in addition to the other remedies set forth hereinabove, to remedy the condition in order that the intent and purpose of this article, as specified in §
255-6, shall be preserved and protected.
B. For any second or further violation occurring within one year of the date of the first violation, the periods for notification and remediation as set forth in §
255-9 hereof shall be controlling.
C. The Director of the Department of Public Works shall certify the
cost thereof to the Township Council at its next regular meeting thereafter.
The Township Council shall examine the certificate and, if found to
be correct, shall cause the cost, as shown thereof, to be charged
against the lands. In the event such cost is found to be excessive
by the Township Council, the Council shall cause a reasonable cost
therefor to be charged against the lands. The amount so charged shall
forthwith become a lien on the lands and shall be added to and become
and form a part of the taxes next to be assessed and levied upon the
lands and shall bear interest at the same rate as other taxes and
be collected and enforced by the same officers and in the same manner
as taxes.