[HISTORY: Adopted by the Township Board of the Township of
Buchanan 5-20-2021 by Ord. No. 122-2021. Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as the "Property Maintenance
Code of Buchanan Township" (hereinafter sometimes referred to as the
"code").
B.
The purpose of the Property Maintenance Code is to establish minimum
standards governing the maintenance and conditions of all properties,
buildings, and structures in the Township of Buchanan and to prescribe
minimum standards for supplied utilities, facilities and equipment
and conditions essential for safe, sanitary and fit occupancy and
use thereof; and to prescribe penalties and other remedies for violations.
The 2015 International Property Maintenance Code, as published
by the International Code Council, Inc., is hereby adopted by reference
as the Property Maintenance Code of the Township of Buchanan, subject
to those certain insertions, amendments, additions, and deletions
set forth in this chapter.
The Township Clerk shall publish a notice of the adoption of
this chapter in the manner required by law, stating that a copy of
said code and of all insertions, amendments, additions and deletions
thereto is available at the office of the Township Clerk for inspection
by the public during regular business hours.
Copies of said Property Maintenance Code and all insertions,
amendments, additions and deletions thereto shall be kept in the office
of the Township Clerk, for inspection by the public during regular
business hours.
The Code shall contain the following insertions.
The following provisions of the code are amended to read, instead
of as indicated in the Uniform Code, as follows:
A.
Section 302.4 Weeds. All premises and exterior property in the R-1
(Low Density Residential), R-2 (Medium Density Residential), R-3 (Multiple-Family
Residential), R-4L (Lakefront Residential), R-4R (Riverfront Residential)
and CS (Commercial/Service) Districts shall be maintained free from
weeds 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.
The failure of the owner, agent or tenant having charge of a property
to cut and destroy weeds after service of a notice of violation shall
subject such person to prosecution in accordance with Section 106.3.
Upon failure to comply with the notice of violation, any duly authorized
employee of the Township or contractor hired by the Township shall
be authorized to enter upon the property in violation and cut and
destroy the weeds growing thereon, and the costs of such removal shall
be paid by the owner or agent responsible for the property by any
method permitted by law.
B.
Section 302.8 Motor Vehicles. Except as provided in other ordinances
of Buchanan Township, no inoperative or unlicensed motor vehicle or
trailer shall be parked, kept, or stored on any premises, except in
an enclosed building.
C.
Section 106.3 Prosecution of violation. Any person failing to comply
with a notice of violation or order served in accordance with Section
107 of the Property Maintenance Code shall be deemed guilty of a misdemeanor
or civil infraction as determined by the local municipality, and the
violation shall be deemed a strict liability offense. 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 the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code 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. Further, all
costs, fees and expenses incurred by the Township in the process of
restraining, correcting or abating any violation of any provisions
of this chapter shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
A lien created herein may be enforced by the Township by any legal
or equitable action. Further, upon premises owner's failure to
pay the costs and charges assessed for any of the above for a period
of 30 days' following written notice and demand for payment from
the Township of costs and charges due for said cost, fees and expenses,
the costs and charges shall be certified to the Township Treasurer
who shall enter the lien on the next tax roll against the premises,
the costs and charges to then be collected and the lien enforced in
the same manner as provided for in the collection of taxes assessed
upon the roll and the enforcement of a lien for taxes.
The following provisions are deleted from the code:
The Property Maintenance Code shall be enforced by the Zoning
Administrator, Building Official or any deputy official and/or by
such other person or persons as the Township Board may designate.
References in said code to a "code official" shall be construed to
mean said person(s).
Any person, firm or corporation convicted of a violation of
any provision of the Property Maintenance Code or any amendment thereto,
or of any rule or regulation adopted or issued in pursuance thereof,
shall be punished by a fine of not more than $500 and cost of prosecution,
or by imprisonment for not more than 90 days, or both such fine and
imprisonment. Each act of violation and every day upon which any such
violation shall occur shall constitute a separate offense. The Township
may also enjoin or abate any violation of the Property Maintenance
Code by appropriate court action.
The sections and provisions of this chapter are declared to
be severable, and if any section, or part thereof, is declared to
be illegal, unenforceable, unconstitutional, or void for any reason
whatsoever, such illegality or unenforceability shall not affect the
remaining section(s) or part(s) of this chapter.
This chapter shall become effective upon 30 days following publication
of notice of enactment.
The Township Clerk shall certify to the adoption of this chapter
and cause the same to be posted or published as required by law.
