The purpose of this chapter is to prevent people from living in structures which are unsafe or unfit for human habitation. It is also the intent of the Township Board, in adopting this chapter, to provide law enforcement and other township officials immediate authority to vacate structures which pose a risk to the health and safety of any person occupying the structure.

(Ord. 161, passed 6-14-2022)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 161, passed 6-14-2022)

   The following officials are authorized to declare a structure unfit for human habitation:

   (A)   The Building Inspector.

   (B)   A sworn peace officer of the township police force or Jackson County Sheriff's Office.

   (C)   The township ordinance officer.

   (D)   A captain or on-duty acting captain of the Fire Department.

(Ord. 161, passed 6-14-2022)

   Examples of property conditions that may result in vacating of a structure include, but are not limited to:

   (A)   Lack of essential electric service;

   (B)   Lack of essential gas service;

   (C)   Lack of essential water service;

   (D)   Evidence of a lead hazard as demonstrated by a child with an elevated blood level who resides in or visits the dwelling as reported by the Jackson County Health Department or other health agency;

   (E)   Evidence of infestation;

   (F)   Evidence of a sewage backup;

   (G)   Evidence of active methamphetamine components, or other drug related or hazardous materials;

   (H)   Evidence the structure has become structurally unsound due to fire, flood, damage from weather or a natural disaster;

   (I)   Evidence of other living conditions which are unsanitary and unfit for human habitation.

(Ord. 161, passed 6-14-2022)

   (A)   When an authorized official finds any structure unfit for human habitation, he or she shall immediately post notice for a 24-hour period in placard form in a conspicuous place on the premises to be vacated.

   (B)   After posting the notice, the authorized official shall cause notice to vacate to be served on the owner or his or her responsible local agent as follows:

      (1)   By personal service on the owner or the responsible local agent; or

      (2)   By personal service to the owner, the responsible local agent, or to a person of suitable age and discretion at the owner's or responsible local agent's last known address; or

      (3)   By first class mail addressed to the owner or his or her responsible local agent at his or her last known address.

(Ord. 161, passed 6-14-2022)

   (A)   Any dwelling, dwelling unit or structure which has been declared unfit for human habitation shall be vacated within a reasonable time as required by the authorized official who declared a violation.

   (B)   No person shall occupy such dwelling, dwelling unit or structure until written approval is secured from the Building Inspector.

   (C)   A person who does any of the following is guilty of a misdemeanor:

      (1)   Willfully refuses to vacate a dwelling, dwelling unit or structure ordered vacated under this section;

      (2)   Reoccupies, causes or allows such a dwelling, dwelling unit or structure to be reoccupied without satisfying all requirements of a notice or order issued under this section;

      (3)   Without authority from the authorized official, removes a notice to vacate posted on a dwelling, dwelling unit or structure pursuant to this section.

   (D)   Until such time that the requirements of § 157.07 below are met, any structure that has been deemed unfit for human habitation and posted as required by this section, shall be considered a vacant building after the date and time the structure was ordered vacated has passed. A person who enters onto the property around a vacant building or into the structure without written permission from an authorized official is guilty of a misdemeanor as provided in this section, regardless of whether the person has permission from the owner or occupant of the vacated structure, or if the person is the owner or occupant of the vacated building.

(Ord. 161, passed 6-14-2022)

   (A)   An authorized official, other than the Building Inspector, who has declared a dwelling, dwelling unit or structure unfit for human habitation shall refer the matter to the Building Inspector.

   (B)   The Building Inspector shall determine if the dwelling, dwelling unit or structure qualifies as a dangerous building, as defined in Chapter 152.

      (1)   If the Building Inspector determines the building qualifies as a dangerous building, the appropriate steps shall be taken as outlined in Chapter 152.

      (2)   If the Building Inspector determines the building does not qualify as a dangerous building, any notice to vacate shall be removed and the building may be reoccupied.

   (C)   The Building Inspector may authorize the owner, occupant, contractors or other responsible parties to enter any vacated structure during daylight hours to make necessary repairs or to take action to correct any violations. If the Building Inspector authorizes any person to enter the structure, the Building Inspector shall notify the Jackson County Sheriff's Office in writing of the persons so authorized to be on the property. Any permission from the Building Inspector shall not allow any persons to be on the property of a vacated structure during nighttime hours or allow the reoccupation of the structure until such structure is deemed fit for human habitation.

(Ord. 161, passed 6-14-2022)

   (A)   In order that they may perform their duties to safeguard the health, safety and welfare of the occupants of dwellings and of the general public, authorized officials may make or cause to be made such inspections of dwellings or dwelling units as are necessary to enforce the provisions of this section. The inspections that are authorized for the purpose of enforcement of the provisions of this section shall be made at a reasonable time.

   (B)   An inspection shall be conducted in the manner best calculated to secure compliance with this section and appropriate to the needs of the community.

   (C)   In an emergency situation, authorized officials have the right to enter at any time for purposes of this section. An emergency shall exist when an authorized official has reasonable grounds to believe that a condition hazardous to health or safety exists on the premises and requires immediate attention.

   (D)   In a nonemergency situation or where the owner or occupant of any dwelling demands a warrant for inspection of the premises, authorized officials may seek to obtain an administrative search warrant from a court of competent jurisdiction.

   (E)   A person shall not obstruct, hinder or interfere with an administrative inspection permitted under this section.

(Ord. 161, passed 6-14-2022)

   (A)   If an authorized official observes conditions on any property around a structure that are hazardous to the health or safety of persons on public property or neighboring properties, those conditions are hereby declared a public nuisance. Authorized officials may take reasonable steps to abate the nuisance immediately, but only as necessary to ensure public health and safety.

   (B)   The costs associated with abating any immediate health and safety hazard shall be assessed to the owner or occupant of the property where the hazard originated.

(Ord. 161, passed 6-14-2022)

   A person shall not utilize a structure, other than a dwelling, dwelling unit, hotel or motel, for human habitation unless approved in writing by an official of the township.

(Ord. 161, passed 6-14-2022)

   (A)   A person shall not utilize a temporary structure for human habitation on public property.

   (B)   A person shall not set up a tent, camper, recreational vehicle or other temporary living space upon public property except in a campground or other areas where it is expressly permitted by law.

   (C)   A person shall not sleep in any public structure or utilize any public structure for human habitation, except in areas specifically designed for that purpose.

   (D)   A person shall not sleep on or in any public bench, dock, playground, dumpster, recreational facility, school ground, restroom or park.

   (E)   A person shall not sleep in any motor vehicle, trailer or other vehicle upon public property, without permission from a township official, except in a campground or other areas where it is expressly permitted by law.

(Ord. 161, passed 6-14-2022)

   (A)   It shall be unlawful for a person to bypass, tamper with or interfere with an electric, gas or water meter without permission from the utility company operating the meter.

   (B)   It shall be unlawful to steal electricity, gas or water services by running or diverting such services from another person's property.

   (C)   A person shall not run electric, gas or water services from a property not owned by that person to another property that does not have those services actively provided through a meter from a utility company.

   (D)   A person shall not run an extension cord from one property to another property for purposes of providing electricity to a property that does not have active electric services.

(Ord. 161, passed 6-14-2022)

   (A)   A law enforcement officer with the Jackson County Sheriff's Office or the township police force may make an arrest for any misdemeanor violation of this chapter as permitted by law.

   (B)   Any authorized official may issue a citation for any misdemeanor or municipal civil infraction violation of this chapter as permitted by law.

(Ord. 161, passed 6-14-2022)

   (A)   A person who violates any provision of § 157.06 is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine, plus cost of prosecution.

   (B)   A person who violates § 157.08(E) is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine, plus cost of prosecution.

   (C)   A person who violates § 157.10 is responsible for a municipal civil infraction or guilty of a misdemeanor as follows:

      (1)   For a first offense, the person is responsible for a municipal civil infraction punishable by a $100 fine.

      (2)   For a second or subsequent offense, the person is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine, plus cost of prosecution.

   (D)   A person who violates § 157.11 is responsible for a municipal civil infraction or guilty of a misdemeanor as follows:

      (1)   For a first offense, the person is responsible for a municipal civil infraction punishable by a $100 fine.

      (2)   For a second or subsequent offense, or if the person refuses to cease the prohibited conduct and depart from the area as directed by an authorized official, the person is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine, plus cost of prosecution.

   (E)   A person who violates § 157.12 is guilty of a misdemeanor, punishable by up to 90 days in jail and/or a $500 fine, plus cost of prosecution. Additionally, a person convicted of a violation of this section may be ordered to pay restitution to a utility company or any person who incurred additional costs from a utility company as a result of the violation.

(Ord. 161, passed 6-14-2022)