[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Hanover 3-13-1972 by Ord. No. 72-1. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words used in the singular include the plural. The word "shall" is always mandatory and not merely directory.
- DANGEROUS STRUCTURE
- A building or structure that is or hereafter shall become unsafe or unsanitary or which constitutes a fire hazard or is otherwise dangerous to human life or the public welfare or which, by reason of illegal or improper use, occupancy or maintenance, shall be deemed to be a dangerous structure. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and, therefore, a dangerous structure within the meaning of this chapter.
- PRIVATE PREMISES
- Any private lot or area within the Township limits.
- The Township of Upper Hanover, Montgomery County, Pennsylvania.
A dangerous structure on private property is hereby declared to be a public nuisance, and all dangerous structures on private property are hereby prohibited within the Township. All dangerous structures shall be taken down and removed or made safe and secure as the Township may deem necessary and as provided in this chapter.
If a dangerous structure is found within the Township, any Township employee or appointee designated by the Supervisors of the Township shall serve on the owner, agent or person in control of said building or structure a written notice describing the building or structure deemed a dangerous structure and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the dangerous structure or portion thereof to be demolished within a stipulated time. Said notice shall require the person thus notified to immediately declare to said Township designee his acceptance or rejection of the terms of the order.
If the person addressed with said notice cannot be found within the Township after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person, and a copy of said notice shall be posted in a conspicuous place on the premises, and such procedure shall be deemed the equivalent of personal notice.
Upon refusal or neglect of the person served with such notice to comply with the requirements of the order to abate the unsafe condition, the Township designee is hereby authorized and empowered to charge said person with a summary offense as hereinafter provided.
Any person violating the provisions of this chapter shall be required to pay a fine not to exceed the sum of $1,000, which fine may be collected by suit or summary proceedings brought in the name of the Township before any Magisterial District Judge. Upon judgment against any person by summary conviction or by proceedings by summons on default of the payment of the fine imposed and costs, the defendant may be sentenced and committed to the County Prison for a period not exceeding 90 days. In addition to the remedy set forth herein, the Township may proceed in any court of competent jurisdiction to require compliance with the order by the person so served.
Any person violating the terms of this chapter shall, in addition to paying the fine and costs imposed hereby, pay all costs incurred by the Township in abating the unsafe condition or in demolishing the dangerous structure or any part thereof; said costs may be collected in the manner provided for the collection of municipal claims or by an action of assumpsit without the filing of a claim.
When in the opinion of the Township there is actual and immediate danger of falling or collapse of a dangerous structure or any part thereof which would endanger life or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, the Township designee is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such structure a notice reading as follows:
"This building is unsafe and its use or occupancy has been prohibited by Upper Hanover Township"
It shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or demolishing the same. When in the opinion of the Township there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the Township shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.