It is hereby found and declared that there exist
in the Township of Oxford buildings which are unfit for human habitation,
occupancy or use due to dilapidation; defects increasing the hazards
of fire, accidents or other calamities; lack of ventilation, light
or sanitation facilities; or due to other conditions rendering such
building or buildings or part thereof unsafe or unsanitary, or dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of this Township.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purpose of this chapter, unless a different meaning clearly appears
from the context:
BUILDING
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Township Committee of the Township of Oxford.
[Amended 10-21-1993 by Ord. No. 93-11]
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All persons who have interests of record in a building or
who are in possession thereof.
[Amended 10-21-1993 by Ord. No. 93-11]
PERSON
Includes any individual, firm, corporation, association,
partnership or other entity.
[Added 10-21-1993 by Ord. No. 93-11]
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Township relating
to health, fire, building regulations or to other activities concerning
buildings in the Township of Oxford.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized
by this chapter to exercise the powers prescribed by this chapter.
The public officer shall be appointed by the
Mayor; and in lieu of such an appointment, the Mayor and Township
Committee shall exercise the powers prescribed by this chapter.
The public officer may determine that a building
is unfit for human habitation, occupancy or use if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of such municipality. Such conditions
may include the following, without limiting the generality of the
foregoing: defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary
facilities; dilapidation; disrepair; structural defects; and uncleanliness.
[Added 10-21-1993 by Ord. No. 93-11]
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof.
[Amended 10-21-1993 by Ord. No. 93-11]
Service of complaints or orders issued by a
public officer pursuant to this chapter shall be served upon persons
either personally or by registered mail; but if the whereabouts of
such persons are unknown and same cannot be ascertained by the public
officer in the exercise of reasonable diligence and the public officer
shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
in a newspaper printed and published in Oxford Township or, in the
absence of such newspaper, in one printed and published in the county
and circulating in Oxford Township. A copy of such complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the Warren County Clerk.
The public officer is authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following
powers, in addition to others herein granted:
A. To investigate the building conditions in the Municipality
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B. To administer oaths or affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
chapter.
E. To delegate any of its functions and powers under
this chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Township of
Oxford to enforce any provisions of its charter or its ordinances
or regulations or to prevent or punish violation thereof.