[Added 2-6-2018 by Ord.
No. 2018-01]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
context clearly indicates a different meaning:
Any building which has been used or was intended for use
as a residential dwelling, commercial structure or industrial structure
which the owner or an authorized tenant has not occupied for 30 days
and which meets at least one of the following conditions:
Provides a location for loitering, vagrancy, unauthorized entry
or other criminal activity.
Has been boarded or partially boarded restricting ingress and
egress through windows and/or doors for at least 30 days.
Has real estate taxes in arrears for a period of time exceeding
365 days.
Has either water, sewer, electric or gas disconnected or not
in use.
Has not been maintained in compliance with the Township Code
requirements that relate to property maintenance.
Has been only partially completed and is not fit for occupancy.
Has had its wiring, plumbing or other fixtures essential for
occupancy removed.
The owner has no intent to return to or maintain the building.
The Department of Community Planning and Development.
The term "owner," as applied to property, includes any part
owner, joint owner, tenant in common, tenant in partnership, joint
tenant, or tenant by the entirety of the whole or part of such property.
Any building which has been used or was intended for use
as a residential dwelling, commercial structure or industrial structure
which the owner or an authorized tenant has not occupied for a period
of at least 90 consecutive days for residential structures and 180
consecutive days for commercial or industrial structures.
The purpose of this article is to help protect the health, safety
and welfare of the citizens by preventing blight, protecting property
values and neighborhood integrity, avoiding the creation and maintenance
of nuisances and ensuring safe and sanitary maintenance of buildings.
Further, it is important for the Township to be able to contact owners
of vacant or abandoned buildings for property maintenance, fire safety
and police purposes. Nothing in this article shall be construed as
waiving, relieving, or otherwise excusing an owner of residential
property from compliance with all applicable building codes and ordinances.
Any owner of a vacant or abandoned building that fails to register,
fails to report changes to registration information, or fails to renew
a registration annually shall be responsible for a civil infraction
and assessed a fine in an amount established from time to time by
resolution of the Township Board. Any owner or owner's agent
of a vacant or abandoned building subject to the registration requirements
of this article, and causes, permits, or maintains a violation of
this article as to that building, shall be responsible for a civil
infraction. Each day during which a violation continues shall be deemed
a separate violation. The imposition of any civil fine shall not exempt
a violator from compliance with the provisions of this article. The
foregoing civil fines shall not prohibit the Township from seeking
injunctive relief against a violator or such other appropriate relief
as may be provided by law.
An owner of a vacant or abandoned building in the Township shall
register that property with the Department by filing a completed registration
of vacant or abandoned building form containing all the information
required by this article on forms provided by the Department and by
paying any registration and inspection fees required by this article.
(a)
Registration under § 14-206 shall not be required for the following:
(1)
Temporary absence. A building that is unoccupied for a period
of 180 days or less each year if the owner submits a request for exemption
in writing to the Director of the Department that the dwelling will
remain unoccupied for a period of 180 consecutive days or less each
year. An owner who has given the notice prescribed by this subsection
shall notify the Department not more than 30 days after the building
no longer qualifies for this exception.
(2)
Active construction. A building under active construction or
renovation and having a valid skilled trade permit(s) at the time
of initial inspection shall be exempt from registration until the
expiration of the most recent permit or, in the event of an extension,
no longer than one year, whichever occurs first.
(3)
Newly damaged. A building which has suffered fire damage or
damage caused by extreme weather conditions shall be exempt from the
registration requirement for a period of 90 days after the date of
the damage if the property owner submits a request for exemption in
writing to the Department.
(4)
For sale or lease. A building that is for sale or lease shall
be exempted for a period of 12 months from the start of vacancy, provided
that the owner or agent submits a request for exemption in writing
to the Department with proof of such listing for sale or lease. Proof
includes, but is not limited to, a realtor contract or multiple listing
service listing number with summary sheet.
(5)
Multitenant. Multitenant commercial or industrial structures
containing more than one lawfully occupied and active tenant space
shall not be considered vacant or abandoned.
A mortgagee who becomes an owner, as defined herein, as a result
of the initiation of foreclosure proceedings, shall at all times exercise
reasonable care to determine if the building is vacant or abandoned.
If the mortgagee determines the building is vacant or abandoned, or
if through the exercise of reasonable care should have determined
the building is vacant or abandoned, the mortgagee shall, within 30
days, comply with the registration requirements of this article.
(a)
Within 30 days of a building becoming vacant or abandoned, owners
of vacant or abandoned buildings shall register any such vacant or
abandoned building by submitting a completed registration form containing
the following information:
(1)
The address of the building and the name and address of all
owners of the building. If the building owner is a limited liability
company, the name and address of the managing member. If there are
no managing members, the name and address of all members. If any of
the members or managing members required to be disclosed under this
section are limited liability companies, the process must be repeated
until names and addresses of all individuals are identified.
(2)
A mailing address where mail may be sent that will be acknowledged
as received by the owner.
(3)
The name of an individual or legal entity responsible for the
care and control of the building as well as the current address, telephone
number, facsimile number, and e-mail address where communications
may be sent that will be acknowledged as received by the individual
responsible for the care and control of the building.
(4)
The name and address of any agent submitting the form on behalf
of the owner.
(5)
An explanation as to the reason for the vacancy or abandonment
of the building.
(6)
The name and address of any and all mortgage holders.
(7)
The name and address of any other persons with an interest in
the subject building.
(b)
An owner may authorize an agent in writing to complete any required
registration. The written authorization shall be included with the
registration form.
If at any time the information contained in the registration
form required pursuant to this article is no longer valid, the owner
shall, within 10 days, file a new form containing valid, current information.
There shall be no fee to update an existing registered owner's
current information.
(a)
The Township is hereby authorized to make an inspection of a building
upon receiving a complaint of a suspected violation under this article,
or upon its own initiative. The power to inspect shall include the
authority to enter upon such building at reasonable times and under
reasonable conditions as provided under the International Property
Maintenance Code of current adoption.
(b)
Any violations of the Township Code or this article which are detected
upon any of the inspections by the Department shall be fully repaired
and remedied within 30 days of notice to the owner, or within such
additional time as permitted by the Department.
(c)
Prior to conducting any inspection under this article, the inspector
must notify the owner and/or occupant of the premises that the owner
and/or occupant has the right to refuse entry to an inspector who
does not have a search warrant. If any owner or occupant refuses to
permit or prevents free access and entry to the structure or premises
when an inspection authorized by this article is sought to be made,
the Department or inspector shall petition for and, upon such showing
as is required by law, obtain a search warrant from a court of competent
jurisdiction permitting inspection of the premises, as well as any
additional order directing compliance with the inspection requirements
of this chapter and such other directive and remedies as the court
deems appropriate under the circumstances.
(b)
The payment of all fees required under this article is secured by
a lien against the property subject to enforcement in the same manner
as ad valorem real property taxes. Payment of the registration and
inspection fee is due upon filing of the registration. Payment of
reinspection fees is due within 30 days of mailing of the bill.
An owner of a vacant or abandoned building shall comply with
all of the following maintenance and security requirements:
(1)
The property where the vacant or abandoned building is located shall
be kept free from weeds; grass more than eight inches high; dry brush;
dead vegetation; trash; junk; debris; building materials; any accumulation
of newspapers, circulars, flyers, notices, except those required by
federal, state, or local law; discarded items, including, but not
limited to, furniture, clothing, large and small appliances, printed
material, signage, containers, equipment, construction materials;
or any other items that give the appearance that the property is abandoned.
(2)
The building shall be maintained free of graffiti, tagging, or similar
markings.
(3)
All yards where the vacant or abandoned building is located shall
be properly maintained. Maintenance includes, but is not limited to,
cutting, pruning, and mowing of grass, ground covers, bushes, trees,
shrubs, hedges or similar plantings and removal of all trimmings.
(4)
Pools, spas, and other water features shall be covered with an industry-approved
safety cover and shall also comply with the minimum security fencing
and barrier requirements of applicable building, property maintenance
codes and ordinances.
(5)
The building shall be maintained in a secure manner so as not to
be accessible to unauthorized persons. "Secure manner" includes, but
is not limited to, the closure and locking of windows, doors, gates
and any other opening of such size that may allow a child or other
person to access the interior of the building. Broken windows must
be repaired or replaced with like glazing materials within 14 days,
except as otherwise provided in the applicable building or property
maintenance codes. Boarding up of open or broken windows is prohibited
except as authorized by the Department.
(6)
All vacant or abandoned buildings shall be properly winterized so
as to prevent the bursting of water pipes.
(7)
Buildings shall be maintained in compliance with all other applicable
code requirements.
