[HISTORY: Adopted by the Township Council
of the Township of Logan 7-16-1996 by Ord. No. 7-1996. Amendments
noted where applicable.]
It is the purpose of this chapter to protect
the public health, safety and welfare by establishing minimum standards
for the maintenance of properties within the Township of Logan. This
code is remedial in purpose and essential for the public good, and
it is intended that this code be liberally construed to effectuate
the purpose stated herein.
[Amended 6-17-2003 by Ord. No. 11-2003; 2-17-2009 by Ord. No. 2-2009]
All definitions of the 2006 International Property
Maintenance Code, and as subsequently amended, are hereby incorporated
and made a part hereof along with the following:
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
Bulky waste shall be defined as all waste material, including
but not necessarily limited to major appliances, motor vehicle parts,
tires, tree stumps, demolition materials, refuse and debris, except
garbage or recyclable trash at curbside for trash collection in compliance
with the rules and regulations for trash collection.[1]
The condition of a property, building or structure, or part
thereof, characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
A building or structure, or part thereof, containing one
or more dwelling units or lodging units.
Any room or group of rooms, or any part thereof, located
within a building and forming a single habitable unit with facilities
which are used or designed to be used for living, sleeping, cooking
and eating.
Open space on the premises and on adjoining property under
the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
Animal and vegetable and other organic waste resulting from
the handling, preparation, cooking and consumption of food. (See also
"rubbish.")
The presence within or contiguous to a structure or premises
of insects, rats, rodents, vermin or other pests.
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer or trailer coach without a currently valid license plate or
plates, insurance, registration and inspection, and is either inoperative,
rusted, dismantled, wrecked or in a condition whereby repairs to place
said vehicle in an operative condition would be economically unsound,
or in such other condition that the public officer determines that
it warrants such classification.[2]
Including but not necessarily limited to bulky waste, junk
vehicles as defined in this chapter and material and equipment and
other such conditions that the public officer determines warrant such
classification.
Including but not necessarily limited to tall, uncultivated
grass and weeds 10 inches or higher and other such conditions that
the public officer determines warrant such classification.
Any person living or sleeping in a building or having actual
possession of a space within a building or dwelling unit, including
the owner.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, including any structures thereon.
The physical condition or occupancy of any premises
regarded as a public nuisance at common law.
Any physical condition or occupancy of any premises
or its appurtenances considered an attractive nuisance to children,
including but not limited to abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises that has unsanitary sewerage or
plumbing facilities.
Any premises designated as unsafe for human
habitation.
Any premises that is manifestly unsafe or insecure
so as to endanger life, limb or property.
Any premises from which the plumbing, heating
or facilities required by this code have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided.
Any premises that is unsanitary or that is littered
with rubbish or garbage or that has an uncontrolled growth of weeds.
Any structure that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent so as not to provide shelter;
in danger of collapse or failure; and dangerous to anyone on or near
the premises.
The officer(s) who shall enforce the provisions of this chapter
who shall be the Township of Logan Zoning Officer and police officers
or any other person designated by resolution of the Township Council.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A vehicle used, or so constructed as to permit its being
used, as a licensed conveyance upon the public streets or highways
and constructed in such a manner as will permit its occupancy as a
dwelling unit. This term shall also include campers and mobile homes.
Any motorized or unmotorized vehicle, airplane, boat, vehicle
trailer, trailer coach subject to registration laws without a currently
valid license plate or plates, insurance, registration and inspection,
that is not in a condition of a junk vehicle.
An open space on the same lot with a structure.
A.
Scope. The provisions of this chapter shall govern
the minimum conditions and the responsibilities of persons for maintenance
of exterior property and premises.
B.
Responsibility. The owner of the premises shall maintain
the exterior property in compliance with these requirements. A person
shall not occupy as owner-occupant, or permit another person to occupy
premises, which do not comply with the requirements of this chapter.
C.
Vacant structures and land. All vacant structures,
and premises thereof, or vacant land shall be maintained in clean,
safe, secure and sanitary conditions as provided herein so as not
to cause a blighting condition or adversely affect the public health
or safety.
D.
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, safe and sanitary condition.
E.
Sidewalks and driveways.
[Amended 11-20-2018 by Ord. No. 14-2018]
(1)
All sidewalks, walkways, stairs, driveways, parking spaces and similar
areas shall be kept in a proper state of repair and maintained free
from hazardous conditions.
(2)
All sidewalks shall be maintained in accordance with the following
standards:
(a)
Snow shall be removed within 24 hours after the cessation of
the snowfall.
(b)
When ice, freezing rain and/or sleet appears on the sidewalk,
but before it can be removed, a nonskid material, such as rock salt,
cinders, ash, sand, etc., shall be applied to the sidewalk within
two hours after the cessation of the precipitation that created the
icy conditions.
(c)
Any section of the sidewalk that is cracked or uplifted such
that the edge of one section is elevated one-half inch or more over
any point of the edge of an adjoining section of sidewalk or driveway
shall be removed, repositioned or repaired to remove the tripping
hazard.
F.
Obnoxious growth; obnoxious debris; weeds. All premises
and exterior property shall be maintained free from obnoxious growth
and/or obnoxious debris and/or weeds. All noxious weeds, such as poison
ivy, poison oak and similar unhealthful growths, 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.[1]
G.
Rat harborage. All structures and exterior property
shall be kept free from rat infestation. Where rats are found, they
shall be promptly exterminated by approved processes which will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
H.
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.
I.
Accessory structures. All accessory structures, including
detached garages, fences and walls, shall be maintained in a structurally
sound condition and in good repair.
J.
Motor vehicles. Except as provided for in other regulations,
not more than one currently unregistered or uninspected motor vehicle
or trailer coach, and no junk vehicle, shall be parked, kept or stored
on any premises, and no vehicle shall at any time be in a state of
major disassembly or disrepair or in the process of being stripped
or dismantled.[2]
K.
Exceptions.
(1)
A vehicle of any type is permitted to be stored in
a fully enclosed area or to undergo major overhaul, including body
work, provided that such work is performed inside a structure or similarly
enclosed area designed and approved for such purposes.
(2)
Registered vehicle trailers and trailer coaches, other
than unoccupied recreational trailers and trailer coaches registered
to the property owner and temporarily parked or stored on the property,
are strictly prohibited except in accordance with their intended use
as permitted by other township codes regulating such activity.[3]
(3)
This section shall not apply to unregistered vehicles
and equipment incidental to a permitted use and utilized as part of
normal business operation, whereby same may not be required to be
registered to accomplish the purpose they serve.
A.
The spirit and intent of this section is that permit(s) may be issued only if the public interest is not jeopardized and only if the issuance of said permit will not substantially impair the intent and purpose of this chapter. Therefore, it is hereby recognized that specific circumstances, including but not necessarily limited to an antique car or a vehicle temporarily out of service, may allow the public officer upon application for same to waive the one unregistered vehicle limit set forth in § 125-3, by issuance of a special permit. However, under no circumstances shall more than two unregistered vehicles be permitted outside of an enclosed building. This section shall only apply to passenger automobiles, motorcycles and trucks no greater than three-fourths-ton gross vehicle weight, whereas, trailer coaches and all other unregistered vehicles and all junk vehicles are strictly prohibited.
B.
The applicant for a special permit under this § 125-4 shall apply in writing to the public officer for an annual special permit to maintain an unregistered vehicle as per this section and shall pay an annual fee of $10, nonrefundable, per vehicle, before the 31st day of January each year.
C.
Furthermore, the public officer is hereby authorized
to attach reasonable conditions to a special permit where it is necessary
in order to mitigate adverse effects of specially permitting such
vehicles.
D.
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of the public officer
based on or made in the enforcement of this section. The fees and
procedures for a hardship/bulk variance shall apply to such appeal.
E.
The public officer shall make an investigation of
the application for a special permit and shall take the following
into consideration:
(1)
The location of the premises and its character and
relationship to the surrounding neighborhood.
(2)
The lot area, street frontage, lot depth and other
physical characteristics of the premises.
(3)
The location on the premises where the vehicles will
be kept and their relationship to adjacent dwellings, structures and
open spaces.
(4)
Any other information that may be deemed reasonable
and necessary in order to carry out the spirit and intent of this
chapter.
[Amended 6-16-2009 by Ord. No. 7-2009]
A.
Service of notice of violation. Notice of violation shall be served
upon the owner of record, provided that such notice shall be deemed
to be properly served upon such owner if a copy thereof is delivered
to him or her personally or, if not found, by leaving a copy thereof
at his or her usual place of abode with a person of suitable age and
discretion, who shall be informed of the contents thereof, or by sending
a copy thereof by certified mail and regular mail to his or her last
known address or, if the letter with the copy is returned showing
that it has not been delivered to him or her, by posting a copy thereof
in a conspicuous place in or about the structure affected by the notice.
B.
Notice requirements. Whenever the public officer determines that
there has been or is a violation or that there are reasonable grounds
to believe that there has been or is a violation of any provision
of this chapter, he shall give notice of such violation or alleged
violation to the person or persons responsible therefor. Such notice
shall:
[Amended 9-4-2018 by Ord.
No. 9-2018]
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Specify the violation which exists and the remedial action required.
(4)
Specify a reasonable time, not to exceed seven days, in which the
violation or violations shall be abated, corrected or eliminated.
Said seven-day period may be extended for an additional five days
by the public officer for good cause.
C.
Violations and penalties.
(1)
Every person, firm or corporation who shall violate any provision
of this chapter or any owner or owners, occupant or occupants of any
premises neglecting to remove any brush, tall uncultivated grass,
weeds, dead or dying trees or other obnoxious growth, filth, garbage,
trash, rubbish or other obnoxious debris or junk vehicles, bulky waste,
unregistered vehicles, vehicle trailers or trailer coaches from said
land and premises in the Township of Logan, or upon which a public
nuisance exists, within five days after being notified by or through
the public officer to remove the same or to abate such a public nuisance,
shall be in violation of this chapter, and upon conviction thereof,
shall be punished by a fine of not more than $1,000 or by imprisonment
for not more than 90 days, or both. Each day that a violation continues
after five days from the date due notice has been served in accordance
with the terms and provisions hereof shall be deemed a separate offense.
Court costs shall be assessed in addition to fines or penalties imposed
by this chapter.
(2)
Complaints for violations of this chapter may be filed in any court
of competent jurisdiction including Logan Township Municipal Court.
A.
Right to appeal; applications; decision.
(1)
Any owner or person who is aggrieved by the ruling
or decision of the public officer directing or ordering an alteration,
correction or elimination of a violation of this chapter shall be
entitled to a hearing upon a review of such order or direction by
the Township Board of Health.
(2)
Applications for a hearing must be submitted in writing
to the Board of Health within 10 days after receipt of such an order
from the public officer.
(3)
At the conclusion of such a hearing, the Board of
Health shall affirm the order of the public officer, set aside the
order if a violation is found not to exist, or it may increase the
time specified by the order for the correction of the violation determined
to exist.
B.
Time limit for appeals. Appeals shall be heard within
30 calendar days after receipt of the application for a hearing.
C.
Superior Court prosecution of violations. In case
any order to correct a violation is not promptly complied with, the
public officer may request the Township Solicitor to institute an
appropriate action or proceeding at law or in equity against the person
responsible for the violation, seeking an order from the court ordering
him to:
(1)
Restrain, correct or remove the condition constituting
the violation;
(2)
Restrain or correct the condition of the structure
constituting the violation;
(3)
Prevent the occupation or use of the structure, or
part thereof, in violation of or not in compliance with the provisions
of this chapter; or
(4)
Enforce the penalty provisions of this chapter.
A.
Upon the failure of any owner or owners, occupant
or occupants of any premises to remove brush, tall uncultivated grass,
weeds, dead or dying trees or other obnoxious growth, filth, garbage,
trash, rubbish or other obnoxious debris, junk vehicles, bulky waste,
unregistered vehicles, vehicle trailers or trailer coaches or to abate
a public nuisance within five days after notification, the public
officer shall cause the same to be removed.
[Amended 6-16-2009 by Ord. No. 7-2009]
B.
For any of the above violations the public officer
shall notify the Township Solicitor who may file an order to show
cause with the Superior Court as to why the township may not remedy
the violation. Upon favorable determination by the Court, the public
officer shall cause the violations to be removed and/or abated, and
the litigation costs of obtaining such an order, if required, and
the costs of removal/remedy of violations shall be certified to the
officer or officers whose duty it is to assess and levy taxes of the
Township of Logan and shall thereupon be charged against said lands
and premises and shall become and be a first and paramount lien upon
said lands and premises and shall be added to and become and form
a part of the taxes assessed against said lands and premises and shall
be collected with and in the same manner as the taxes next to be assessed
and levied upon said lands and premises, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
C.
The costs to be charged and collected against said
lands and premises for noncompliance, wherein the township brings
the premises into compliance, shall be as follows:
D.
In the event of a timely appeal pursuant to § 125-6 of this chapter, the public officer shall await the outcome of the hearing before taking action to remove the cause of the violation complained of, unless emergent circumstances require immediate action to protect the public health, safety and welfare.
The imposition and collection of the fines,
penalties and costs imposed by this chapter shall not bar the right
of the Township of Logan to collect the cost of removal in the manner
as required in this chapter, and the remedy shall be cumulative.
