[Adopted 3-20-1989 by Ord. No. 253 (Ch. 109, Art. I, of the 1982 Code)]
This article shall be known as the "Business
Premises Maintenance Code of the Township of Muhlenberg."
This article provides basic and uniform standards
governing the condition, occupancy and maintenance of business premises
for the purpose of establishing reasonable safeguards for the safety,
health and welfare of the occupants and the general public.
A.
This article shall
apply only to business premises, including mixed occupancies and accessory
structures, as hereinafter defined.
B.
The provisions
of this article shall supersede local laws, ordinances, codes or regulations
to the extent that such laws, ordinances, codes or regulations are
inconsistent with the provisions of this article, provided that nothing
herein contained shall be construed to prevent the adoption and enforcement
of a local law, ordinance, code or regulation which is more restrictive
or establishes a higher standard than provided in this article, and
such more restrictive requirement or higher standard shall govern
during the period in which it is in effect.
As used in this article, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of a
business premises and which is located on the same premises.
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including but not limited to offices, places of public assembly, shopping
centers, supermarkets, retail stores, warehouses, manufacturing or
fabrication plants, gasoline stations and mixed occupancies and accessory
structures.
Occupancy of a premises in part for residential use and in
part for business use.
All business premises shall be maintained in
conformity with the provisions of this article.
A.
All yards and
courts of business premises shall be kept clean and free from physical
hazards, fire hazards, garbage, refuse, debris, infestation of rodents
or insects and junk vehicles.
B.
Heavy undergrowth
and accumulation of plants and plant growth which are noxious and
detrimental to the health shall be eliminated; grass and grass plots
shall be cut and trimmed on all business premises.
A.
Exterior surfaces
of business premises, equipment and appurtenances that are not inherently
resistant to deterioration shall be periodically treated with a protective
coat of paint or other suitable preservatives.
B.
Exterior walls,
roofs and porches or appurtenances of business premises shall be maintained
in a manner so as to prevent the collapse of the same or injury to
the occupants of the aforesaid or to the public.
C.
All exterior surfaces
of business premises, including but not limited to signs, billboards,
window treatment, facades and canopies, shall be maintained in a clean
and sanitary condition.
D.
The foundation
walls of every business premises shall be maintained in good repair
and shall be structurally sound.
E.
Exterior walls,
roofs and other parts of business premises shall be free from loose
and unsecured objects or materials. If such objects or materials exist,
they shall be removed, repaired or replaced.
F.
Owners of a vacated
business premises shall take such steps and perform such acts as may
be required from time to time to ensure that the building and its
adjoining yards remain safe and secure and do not present a hazard
to adjoining property or to the public.
G.
All graffiti or
defacing of business premises shall be removed and the surface finish
restored within a ten-day period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Director of Engineering and Codes of the
Township of Muhlenberg is designated as the administrator and shall
secure compliance with the applicable standards of this article in
conjunction with the Township of Muhlenberg Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Director of
Engineering and Codes shall be charged with the duty of administrating
the applicable standards of this article and promulgating rules and
regulations for this purpose. Said Director shall be empowered to
adopt rules and regulations necessary for securing compliance with
the standards of this article and its rules and regulations and for
its own organization and internal management, provided that such rules
and regulations shall not be in conflict with the applicable standards
of this article. Said rules, regulations and standards shall be filed
with the Board of Commissioners of Muhlenberg Township.
B.
It shall be the
duty of the Director of Engineering and Codes to:
(1)
Inspect and
to cause inspection to be made of the premises within the scope of
the applicable standards as necessary.
(a)
Inspectors
shall be authorized and have the right, in performance of their duties,
to enter any business premises for purposes of inspection or any other
reason necessary to administer or secure compliance with this article.
(b)
Owners,
agents, operators and occupants shall be responsible for providing
access to all parts of the business premises within their control
to inspectors acting in performance of their duties.
(2)
Investigate
and to cause an investigation of all complaints of alleged violations
or other unsafe or unsanitary conditions. The Director shall keep
records of all complaints received, inspections made and violations
found regarding business premises regulated by this article. Records
shall be kept and shall be available for public inspection.
(3)
Issue notices
of violation and order, in writing, for the remedy of all conditions
found to exist in or on any business premises and accessory structure
in violation of the provisions of this article or the rule or regulation
adopted by the Board of Commissioners of Muhlenberg Township and to
state in the notice of violation a ten-day limit for compliance therewith
and, where necessary, to order the vacating of the premises found
unfit for human habitation.
A notice of violation may be served on the person
named therein, personally or by delivering to and leaving a copy thereof
with a person on the business premises of reasonable age and mailing
a copy thereof to the person named in the notice of violation at his
last known place of residence, or by posting a copy in a conspicuous
place on the premises and mailing a copy thereof, addressed to the
person named in the order, at his last known place of residence.
A.
Every person
who shall fail to comply with any provision of this article shall
be guilty of a violation of this article and shall be subject to the
penalties herein provided for.
B.
Every person
who shall fail to comply with a notice of violation within 30 days
from the date of said notice shall be guilty of a violation of this
article and shall be subject to the penalties herein provided for.
C.
Each day that
a violation of this article is permitted to exist shall constitute
a separate violation of this article.
D.
The penalty for
each and every violation of this article shall be a fine of not less
than $100 nor more than $1,000 or imprisonment for a period not exceeding
90 days, or both such fine and imprisonment.
A.
Owners of the
business premises shall be responsible for compliance with the provisions
of this article.
B.
Whenever any
person or persons shall be in actual possession of or have charge,
care, custody or control of any property within the Township of Muhlenberg
as executor, administrator, trustee, guardian, lessee, licensee, assignee,
operator, owner or agent, such person shall be deemed and taken to
be the owner or owners of said property, shall be bound to comply
with the provisions of this article to the same extent as the record
owner, and notice to any such person of any order or decision shall
be taken to be a good and sufficient notice, as if such person or
persons were actually the record owner or owners of such property.
C.
An owner of the
business premises and accessory structures shall be responsible for
compliance with this article, including but not limited to the following:
(1)
Maintenance
of the business premises and accessory structures in a clean, sanitary
and safe condition.
(2)
Maintenance
of yards, lawns and courts of business premises in a clean, sanitary
and safe condition.
(3)
Elimination
of all prohibited uses of the business premises and accessory structures.
