[Adopted 10-4-2001 by Ord. No. 31-2001]
[Amended 4-12-2017 by Ord. No. 5-2017; 9-10-2025 by Ord. No. 16-2025]
In determining whether residential dwellings within the Township are safe, sanitary and fit for human habitation, the following standards are hereby accepted, adopted and made a part of the Township Code as if fully set forth herein. The current edition of the International Property Maintenance Code, published by the International Code Council, is hereby accepted, adopted and established as the standard to be used as a guide in determining whether dwellings in the Township are safe, sanitary and fit for human habitation and rental.
The purpose of this article shall be to protect the public health, safety and welfare in buildings used for dwelling purposes, as hereinafter provided, by:
A. 
Establishing minimum standards for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space, use and location; for safe and sanitary maintenance; and for cooking equipment in all dwellings and multifamily dwellings and other standards as set forth in the current Property Maintenance Code adopted by the State Department of Community Affairs now in existence.
B. 
Fixing the responsibilities of owners, agents, operators and occupants of all dwellings and multifamily dwellings.
C. 
Providing for administration, enforcement and penalties.
D. 
Providing for the registration and identification of all residential properties which are rented, leased or not otherwise occupied by the owners thereof
The provisions of this article shall apply to all structures used for human habitation which are now, or may become in the future, substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and overcrowding or otherwise be deemed to constitute a menace to the safety, health and welfare of their occupants, except as provided in § 179-57. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
Any alterations to buildings, or changes of use therein, which may be caused directly or indirectly by the enforcement of this article shall be done in accordance with applicable sections of the Uniform Construction Code.
Except as provided in § 179-57, in any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Township, the provisions best providing for the safety and health of the people shall prevail. In any case, where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the Township which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this article shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.
This article establishes minimum requirements for the initial and continued occupancy of all buildings, including commercial, used for human habitation and shall not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this article.
Nothing in this article shall be deemed to abolish or impair existing remedies of the Township, or its officers or agencies, relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.
[Amended 4-12-2017 by Ord. No. 5-2017]
No person shall occupy as owner or occupant or rent to another any building which does not conform to the applicable provisions of the current Property Maintenance Code provided in § 179-51.
The Housing Inspector, or his/her authorized representative, shall be and is hereby designated as the officer to exercise the powers prescribed by this article and to enforce the provisions thereof.
The Construction Code Official is hereby authorized and empowered to make, adopt and enforce such written rules and regulations as he/she may deem necessary for the proper implementation and enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article, nor in any way alter, amend or supersede any of the provisions hereof. The Construction Code Official shall file a certified copy of all rules and regulations which he/she may adopt in his/her office and in the office of the Township Clerk.
A. 
Inspections. The Housing Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
B. 
Notice. For the purpose of making the inspections referred to in Subsection A, the Housing Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all dwelling units, rooming units or premises, provided that 24 hours' notice is given to the owner or occupants of such dwellings.
C. 
Right of entry. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Housing Inspector free access to such dwelling, dwelling unit or rooming unit or premises at all reasonable times for the purpose of such inspection, examination and survey,.
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his/her agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
A. 
Service. Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible, as provided herein.
B. 
Effect of notice. A notice served pursuant to this section shall automatically be deemed and become an order.
C. 
Contents of notice.
(1) 
Notice of violations given pursuant to Subsection A shall:
(a) 
Be in writing;
(b) 
Contain a statement of the alleged violation or violations; and
(c) 
Specify a reasonable time in which the violation or violations shall be abated, corrected or eliminated.
(2) 
At the option of the housing inspector, the notice of violation or violations may contain an outline of remedial action which, if taken, will abate, correct or eliminate the violation or violations alleged in the notice.
D. 
Service of notice. A copy of the notice of violation shall be served upon the owner, or his/her agent, or the occupant, as the case may require, personally or by certified mail, addressed to him/her at his/her last known address, or by posting a copy in a conspicuous place in or about the dwelling affected by such notice, or by any other method authorized or required by the laws of this state.
A. 
Right to hearing. Any person given notice pursuant to § 179-64 of a violation of this article, or any rule or regulation adopted pursuant hereto, shall be entitled to a hearing upon the matter before the County Construction Board of Appeals if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the County Construction Board of Appeals within 10 days of the service of the notice.
B. 
Time for hearing. Upon receipt of the petition, the County Construction Board of Appeals shall fix a time and place for the hearing, but not later than 10 days after the filing of the petition, and shall give the petitioner written notice thereof. On application of the petitioner and a showing of good cause, the County Construction Board of Appeals may grant a postponement thereof to a fixed date which he/she deems reasonable under the circumstances.
C. 
Rights at hearing. At the hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
D. 
Decision. The County Construction Board of Appeals, after the hearing, shall sustain, modify or withdraw the notice in accordance with its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant hereto have been complied with. If the County Construction Board of Appeals sustains or modifies such notice, it shall be deemed to be and have the effect of an order.
E. 
Record of decision. The proceedings at such hearing, including the findings and decision of the County Construction Board of Appeals shall be summarized and reduced to writing and entered as a matter of public record in the office of the County Construction Board of Appeals. Such record shall also include a copy of every notice or order issued in connection with the matter.
[1]
Editor's Note: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person aggrieved by the decision of the County Construction Board of Appeals may seek relief therefrom in any court of competent jurisdiction as provided by the laws and court rules of this state.
[1]
Editor's Note: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended 10-4-2001 by Ord. No. 31-2001]
Determination of emergency. Whenever the Housing Inspector finds that in any dwelling, dwelling unit, rooming unit or premises located within the Township a condition exists in violation of this article, or the rules and regulations adopted pursuant hereto, which presents such immediate and serious threat to the health and safety of the occupants thereof or of the general public as to require emergency action for their protection, he/she shall, without notice or hearing, notify the Construction Code Official to take immediate action under the Uniform Construction Code Act.