Jul 29, 2016 3 min read

HICKORY – Mt. Pleasant Township Board of Supervisors adopted a local version of the International Property Maintenance Code Wednesday by a vote of 2-1, with supervisor Donald Reed voting no.

“I agree that we need ordinances, but we don’t need this,” Reed said, his comments coming after some residents said township officials could leverage the code against them in unfair ways. But solicitor Thomas McDermott said the ordinance language, at most, allows the township to go after property owners who have “junkyards for front yards that would make ‘Sanford and Son’ look good,” a reference to the titular 1970s sitcom about a scrap business.

“For instance, the maximum grass height – it’s 12 inches – these are set so that it applies to sheriff’s sales, or the owners are deceased … it’s instances where obvious problems can be seen from the road. It’s like a judge has said, ‘I can’t tell you what pornography is, but you’ll know it when you see it,'” McDermott said.

“It’s unfortunate we have to have ordinances for the few when most are fine,” said board of supervisors Chairman Gary Farner.

Township manager Erin Sakalik said there was no local code that protected property owners. “We do not have a high-grass ordinance. We would get complaints about that and couldn’t deal with it,” Sakalik said, explaining more dangerous potential problems were realized when firefighters responded to a house fire in Westland.

“The firefighters had trouble getting in because there was a (refrigerator) blocking the front door. Now you can’t have appliances on your front porch. People were still living in there without kitchen facilities,” Sakalik said, “so this is to solve situations like that. We’re not going to aggressively look out for people who are in violation. We are looking for properties that are endangering the safety and welfare of the community.”

Penalties detailed in the ordinance list $1,000 as the maximum fine for any violation. Appeals to the board require a $100 application fee. Emergency repairs or work done on dilapidated, collapsing or otherwise dangerous structures would merit a 5 percent lien of the cost to the property owner plus attorney’s fees, according to ordinance 135.

As for enforcement, McDermott said an appeal process was put in place so first notice of violation didn’t mean automatic liens or fines.

“Local boards aren’t draconian about enforcement …. and you can appeal decisions. This gives power to both residents and the township so potential offenders aren’t harming their neighbors,” McDermott said.

Farner and McDermott answered a complaint from Bill Orton of Eberle Road, who said he was concerned police officers, firefighters and a to-be-hired zoning and code enforcement officer would have free rein to conduct property inspections. The board tabled action on hiring a code enforcement officer, saying they’re presently conducting interviews.

“Most situations that rise to the level of enforcement are obvious and visible and reportable from the road; neighbors are often the ones to see and report,” McDermott said, “and no one’s allowed to come in your castle without probable cause or a warrant.”