This chapter shall be known as the Unity Township "Nuisance Buildings and Properties Ordinance."
A. BUILDING DWELLING DWELLING UNIT EXTERMINATION GARBAGE INFESTATION JUNKED VEHICLE(1) (2) (3) (4) (5) (6) (7) MUNICIPAL WASTE NOXIOUS WEEDS NUISANCE NUISANCE BUILDINGS AND PROPERTIES(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (a) (b) (c) (d) (e) (19) (20) (21) (22) OWNER(1) (2) PERSON PRIVATE PROPERTY PROPERTY PUBLIC NUISANCE RUBBISH STRUCTURE WEEDS
Definitions. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
An independent structure having a roof supported by columns or walls resting on its own foundation and includes a dwelling, garage, barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse, school or similar structure.
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents, or other pests by eliminating their harborage places, removing or making inaccessible materials that may serve as their food, poisoning, spraying, fumigating, trapping or by any other recognized and legal pest-elimination methods.
Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents or other pests.
Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or condition of disrepair. Conditions deemed to present a hazard or danger to the public, or which constitutes a public nuisance, shall include, but not be limited to, vehicles exhibiting any or all of the following conditions:
Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.
Having excessive fluids leaking from the vehicle which may be harmful to the public or the environment.
Having disassembled body or chassis parts stored in, on or about the vehicle.
Vehicles that do not display a current, valid license and registration, to the extent such are, by their condition, otherwise incapable of operation on the highways of the commonwealth.
Motor vehicles parked, drifted, or otherwise located in a location which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material resulting from operation of residential, municipal, commercial, or institutional establishments or from community activities.
Poison ivy, poison oak, or any other vine, weed or plant causing a common risk of infection.
Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Township, or causes a blighting effect in Township neighborhoods. See also "public nuisance."
All buildings or structures, together with the exterior land, property or premises surrounding same which have any or all of the following conditions shall be deemed "nuisance buildings and/or properties" for purposes of this chapter:
Those buildings or structures whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
Those buildings or structures which, exclusive of the foundation, show damage or deterioration to 33% of the supporting member or members or damage or deterioration to 50% of the nonsupporting enclosing or outside walls or covering.
Those buildings or structures which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
Those buildings or structures which have been damaged by fire, wind or other causes so as to be dangerous to life, safety or the general health and welfare of the occupants or the public.
Those buildings or structures which are so damaged, dilapidated, decayed, unsafe or unsanitary, vermin infested or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein.
Those buildings or structures which have parts thereof which are so attached that they may fall and injure property or members of the public.
Those buildings or structures which lack illumination, ventilation or sanitation facilities or, because of another condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the occupants or the public.
Those buildings, structures or properties which, because of their location, are unsanitary or otherwise dangerous to the health or safety of the occupants or the public.
Those buildings or structures existing in violation of any provision of the Building Code, Fire Prevention Code or other ordinances of the Township of Unity.
Those properties whose exteriors are not maintained in a clean, safe and sanitary condition.
Those properties upon which exists an untended or excessive accumulation of rubbish, garbage, refuse or debris, including, but not limited to, household furnishings, be it uncovered or under open shelter.
Those properties upon which conditions exist to the extent that same becomes or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes or other insects, or threatens or endangers the public health, safety, or welfare, or may reasonably be anticipated to cause disease.
Those properties upon which conditions exist to the extent that same would adversely affect and/or impair the economic welfare of adjacent property.
Those properties which are not graded and/or maintained to prevent the erosion of soil and/or to prevent the accumulation of stagnant water thereon or within any structure located thereon.
Those properties upon which materials are placed in such a fashion so as to facilitate the growth of weeds or increase stormwater runoff onto adjoining properties. Stormwater detention areas and reservoirs approved by the Code Enforcement Officer may be exempt.
Those properties with decks, porches, stairs, balconies and any appurtenances attached thereto, which are not maintained in a structurally sound condition, in good repair and/or without proper anchorage capable of supporting required loads.
Those properties which are not maintained free from high grass, weeds or other vegetation which is:
Overgrown/more than 10 inches in height; or
Infested with, or increases the likelihood of infestation by, insects, mice, rats, raccoons, pests or other vermin; or
Affects ingress, egress and regress to the property; or
Of such a height to pose a threat to the public health, safety and well being; and/or
Any weeds or noxious weeds as defined herein.
Those properties upon which any junked vehicle as herein defined, or any inoperable or other motor vehicle is parked, kept or stored on the exterior of the premises, or on Township, state or county roads, regardless of whether same is uncovered or covered by a tarpaulin, sheet or other similar covering; an "inoperable vehicle" for purposes of this section shall be deemed to include, but not be limited to, any vehicle in a state of disassembly, disrepair, stored up on jacks, or in the process of being stripped or dismantled; provided, however, that a vehicle undergoing routine maintenance, such as changing oil or brakes, shall not be considered an "inoperable vehicle" for purposes of this subsection.
Those properties which contain an accumulation of garbage, rubbish or municipal waste as herein defined.
Those properties upon which dogs or other animals are kept, housed or maintained in violation of Chapter 40, Animals, of the Code of Unity Township.
Those properties upon which stagnant water in which flies or other insects may multiply is located.
[Added 11-10-2022 by Ord. No. O-3-2022]
A person who, alone or jointly or severally with others, shall have:
Some form of legal right, title or interest in any dwelling, dwelling unit or property with or without accompanying actual possession thereof; or
Charge, care or control of any dwelling, dwelling unit or property as owner or agent of the owner or as executor, executrix, administrator, administratrix or guardian of the estate of the owner, or as an occupant thereof. Any such person representing a record or title owner shall be bound to comply with the provisions of this chapter and with rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership or other legal entity.
Any land and the improvements thereon owned by any person, including any front, side, and rear yards; vacant lots, buildings, and other structural improvements; walkways and alleyways; and/or parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether permanently inhabited, temporarily inhabited, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.
A piece, parcel, lot or tract of land.
Any conditions existing on a property which cause or result in unsafe, unsanitary or disruptive conditions, create a risk of harm to adjoining property or to the person or property of others or adversely affects the quiet use and enjoyment of adjoining property owners.
Combustible and noncombustible waste materials, except garbage, including residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, tires, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
Any thing constructed or erected with a fixed or ascertainable location on the ground or in water, whether or not affixed to the ground or anchored in the water, including buildings, walls, fences, platforms, docks, wharves, billboards, signs and walks.
All grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
B.
Whenever the words "dwelling," "dwelling unit" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
C.
Whenever the words "property" or "premises" are used in this chapter, such words shall be interchangeable and be construed to mean the entire exterior of the lot or parcel of ground upon which a violation of this chapter exists or appears to exist.