[Adopted 10-10-2019 by Ord. No. 2019-17]
As used in this article, the following terms are defined as
set forth herein:
NUISANCE PROPERTY
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in §
243-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
PROBATIONARY NUISANCE STATUS
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-day period. Probationary nuisance status is effective
for a twelve-month period beginning on the date of the public officer's
determination. During probationary nuisance status, the property owner
and, if applicable, the tenant/occupant are liable to the Township
for user charges from each qualifying call.
QUALIFYING CALLS
Calls resulting from violations of state or local laws, regulations,
or ordinances, including, but not limited to, those cited in the following
list, and others not so identified, but specifically determined to
be qualifying by the hearing officer, but not including calls for
permitting, licensing, inspections, or similar administrative functions:
A.
The sale, service, or consumption of alcoholic beverages.
B.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
C.
Damage to property or injury to a person.
D.
Improperly parking a vehicle, or any motor vehicle violation,
on private property.
E.
Possession of a barking, howling, biting, or dangerous animal.
F.
Possession, distribution, or use of a controlled substance.
H.
Public urination, defecation, or indecent exposure.
J.
Township property maintenance, zoning, construction, fire, and
health codes.
USER FEE
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
Each Township department, division, agency, or authority providing
municipal services to properties shall designate, either on a permanent
or as-needed basis, one or more officials to serve as a public officer
to administer and enforce this article. Officials that may serve in
this capacity include, but are not limited to, code enforcement officers,
the Construction Official or his or her designee; the Chief of Police
or his designee; an investigating police officer; the Zoning Officer;
or the Fire Official.
During any sixty-day period, properties that necessitate qualifying
calls for municipal services that exceed the amounts set forth in
the following schedule are designated nuisance properties and subject
to the penalties and procedures established under this article.
A. Residential properties of one through four dwelling units: five qualifying
calls.
B. Multifamily dwelling and hotel/motel uses:
(1) Five through 40 dwelling units: 10 qualifying calls.
(2) Forty-one through 80 dwelling units: 20 qualifying calls.
(3) Eighty-one through 200 dwelling units: 30 qualifying calls.
(4) Over 200 dwelling units: 40 qualifying calls.
C. Convenience, grocery, liquor and retail stores: 10 qualifying calls.
D. Restaurants, bars, and adult entertainment establishments: 30 qualifying
calls.
E. All other properties not included in the preceding categories: 10
qualifying calls.