[Adopted 9-12-2019 by Ord. No. 33-19]
As used in this article, the following terms are defined as
set forth herein:
DWELLING UNIT
Living accommodations designed and used for occupancy by
one family only.
NUISANCE PROPERTY
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-consecutive-day period in excess of the number of calls listed on the schedule in §
180-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
PROBATIONARY NUISANCE STATUS
A designation that applies to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls from the Township within a sixty-consecutive-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 is responsible to the Township
for user charges from each qualifying call.
QUALIFYING CALLS
Calls resulting from complaints, or violations of state or
local laws, regulations, or ordinances, including, but not limited
to, those concerning:
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.
K.
Activity specifically determined to be qualifying by the Municipal
Judge.
USER FEE
A per-call fee starting at $500 and increasing by $100 per
call, for each additional qualifying call made to a nuisance property,
as defined herein above, 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, including
the Fire Districts, 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: the Township Administrator; code enforcement officers; the Construction
Code Official or his or her designee; the Chief of Police or his designee;
an investigating police officer; the Health Officer; the Zoning Officer;
the Property Maintenance Officer; or the Fire Inspector.
During any sixty-consecutive-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 eight 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: 15 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 properties not included in the preceding categories: 10 qualifying
calls.