(A) The Township Supervisor, Clerk or Chief of Police or their duly authorized representatives may enter the property or premises to remove or cause to be removed any junk, junk vehicles, abandoned vehicles, blighted structures, building materials, trash or rubbish stored or maintained in violation of this subchapter; provided that the owner or occupant of such property is personally served in writing if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property, of:
(1) The intention to remove the property within 30 days if the problem is not corrected; and
(2) Notice that an owner or occupant may request a hearing within five days of receipt of the notice before the Township Board to discuss the blight determination and removal notice.
(B) If after a hearing the Board votes to affirm the blight determination, or if an owner or occupant fails to appear or fails to request a hearing, the such junk, junk vehicles, abandoned vehicles, blighted structures, building materials, trash or rubbish stored in violation of this subchapter shall be removed and disposed of or sold. The proceeds of the sale of the personal property shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to the persons entitled thereto.
(C) Where there exists a determination of blight that reasonably creates an imminent threat or risk to health or safety of the public, then the Township Supervisor, Clerk or Chief of Police or their duly authorized representatives may enter the property to immediately remove or cause to be removed source of the threat. The phrase IMMINENT THREAT means, but is not limited to, environment or toxic exposure to natural resources, air or water sources or attractive nuisances that pose as inherently dangerous condition to children.
(D) Such removal by the designated enforcement official is authorized irrespective of whether municipal civil infraction proceedings are initiated as authorized by this subchapter and shall not excuse or relieve any person of the obligation imposed by this subchapter to keep his or her property free from storage or accumulation of junk, junk vehicles, abandoned vehicles, blighted structures, building materials, trash or rubbish not from the civil infraction sanctions authorized in this subchapter. The taking, removal and disposing of any property of the owner or occupant by any officer or agent directed to execute the same is not a trespass, nor shall such officer be liable either civilly or criminally therefor. Township officers, agents, employees or independent contractors working on behalf of the township shall be granted governmental immunity to applicable laws.
(E) (1) An owner or occupant may file an appeal within 14 days after entry of the Board decision to the Circuit Court. An appeal to the circuit court shall be a review by the court of the certified record provided by the Board hearing. Once an appeal is filed, the Court may stay the decision and any sanctions or costs imposed.
(2) The Court, as appropriate, may affirm, reverse or modify the decision.
(3) The Court shall hold unlawful and set aside a decision of the Board if substantial rights of an alleged violator have been prejudiced because the decision is any of the following:
(a) In violation of the constitution or statute, charter or ordinance;
(b) In excess of the authority or jurisdiction of the agency as conferred by the statute, charter or ordinance;
(c) Made upon unlawful procedure resulting in material prejudice to a party;
(d) Not supported by competent, material and substantial evidence on the whole record;
(e) Arbitrary, capricious or clearly as abuse or unwarranted exercise of discretion; or
(f) Affected by other substantial and material error of law.
(Ord. 19 passed 3-5-1996)