[Adopted 7-8-2014 by Ord. No. 07082014]
A. 
Title. These regulations shall be known as the Property Maintenance Code of German Township, hereinafter referred to as "this article."
B. 
Scope. The provisions of this article shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
C. 
Intent. This article shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
D. 
Severability. If a section, subsection, sentence, clause or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
A. 
General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this article and the referenced standards, the provisions of this article shall apply. Where, in a specific case, different sections of this article specify different requirements, the most restrictive shall govern.
B. 
Maintenance. Equipment, systems, devices and safeguards required by this article or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this article are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
C. 
Existing remedies. The provisions in this article shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
D. 
Conflicts. Where conflicts occur between provisions of this article and the referenced standards, the provisions of this article shall apply.
The Code Official(s) shall be appointed by the German Township Supervisors as they may, from time to time, determine.
A. 
General. The Code Official is hereby authorized and directed to enforce the provisions of this article. The Code Official shall have the authority to render interpretations of this article and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article. Such policies and procedures shall not have the effect of waiting requirements specifically provided for in this article.
B. 
Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the approving authority.
C. 
Right of entry. Where it necessary to make an inspection to enforce the provisions of this article, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this article, the Code Official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this article, provided that if such structure or premise is occupied and request entry. If such structure or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Official shall have recourse to the remedies provided by law to secure entry.
D. 
Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this article.
E. 
Notices and orders. The Code Official shall issue all necessary notices or orders to ensure compliance with this article.
A. 
Modifications. Whenever there are practical differences involved in carrying out the provisions of this article, the Code Official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the Code Official shall first find that special individual reason makes the strict letter of this article impractical and the modification is in compliance with the intent and purpose of this article and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
A. 
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this article.
B. 
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 5-25.
C. 
Prosecution of violation.
(1) 
Any person failing to comply with a notice of violation or order served in accordance with § 5-25 shall be subject to the penalties and procedures set forth in Ordinance No. 07082014-1 or its successor.[1]
[1]
Editor's Note: See Ch. 5, Art. X.
(2) 
If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this article or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D. 
Violation penalties. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E. 
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
A. 
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this article or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Subsections B and C to the person responsible for the violation as specified in this article.
B. 
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1) 
Be in writing,
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Include a statement of the violation or violations and why the notice is being issued.
(4) 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this article.
C. 
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally;
(2) 
Sent by certified mail or first-class mail addressed to the last known address; or
(3) 
Posted in a conspicuous place in or about the structure affected by such notice.
D. 
Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Official.
E. 
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 5-24C and D.
F. 
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
A. 
Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
B. 
Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
C. 
Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this article, they shall be construed as though they were followed by the words "or any part thereof."
A. 
Scope. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B. 
Responsibility. The owner of the premises shall maintain the structures and exterior prior in compliance with these requirements, except as otherwise provided for in this article. A person shall not occupy as owner occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this article. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
C. 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
B. 
Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
C. 
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar shall be kept in a proper state of repair, and maintained free from hazardous conditions.
D. 
Weeds. All premises and exterior property shall be maintained free from seeds or plant growth in excess of 12 inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
E. 
Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, property precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
F. 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
G. 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
H. 
Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
I. 
Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
A. 
Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
B. 
Enclosures. Private swimming pools, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gage will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
A. 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to post a threat to the public health, safety or welfare.
B. 
Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Township's Building Code or the International Existing Building Code as required for existing buildings:
(1) 
The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(2) 
The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
(3) 
Structures or components thereof that have reached their limit state;
(4) 
Siding and masonry joints, including joints between the building envelope and the perimeter of windows, doors and skylights, are not maintained, weather-resistant or water-tight;
(5) 
Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
(6) 
Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
(7) 
Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials are not properly anchored or are not capable of supporting all nominal loads and resisting load effects;
(8) 
Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
(9) 
Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
(10) 
Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(11) 
Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(12) 
Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
(13) 
Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting, all load effects.
(14) 
Exceptions:
(a) 
When substantiated otherwise by an approved method.
(b) 
Demolition of unsafe conditions shall be permitted when approved by the Code Official.
C. 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.