[HISTORY: Adopted by the Board of Supervisors of Fairview Township 1-21-1998 by Ord. No. 98-15. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Fairview Township Dangerous Structure Ordinance."
A. 
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
BOARD OF SUPERVISORS or BOARD
The Board of Supervisors of Fairview Township, Erie County, Pennsylvania.
DANGEROUS STRUCTURE
Any building, dwelling, fence, or other structure which is determined to pose a hazard to the health, safety or general welfare of the persons and property of Fairview Township. In determining whether a building, dwelling, fence or other structure is a dangerous structure, all relevant factors, including the following, shall be considered:
(1) 
The extent to which a structure has been neglected or allowed to deteriorate into a state of disrepair;
(2) 
The presence of open or broken doors or windows allowing access to the interior of the structure;
(3) 
The extent to which the structure has been damaged by wind, fire, flood, or other causes, and left unrepaired;
(4) 
The overall soundness of the structure, including its foundation, framing, floor, walls, and ceilings;
(5) 
The extent to which the structure poses a fire hazard;
(6) 
The presence of vermin or other pests in or about the structure;
(7) 
The presence of hazardous or explosive chemicals or other materials stored in an unsafe manner in or about the structure;
(8) 
The proximity of the structure to areas frequented by children;
(9) 
The proximity of the structure to other structures and residences.
(10) 
Whether the structure is vacant or occupied.
OWNER
A person owning, leasing, occupying or having charge of any premises located within the Township.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
Fairview Township, Erie County, Pennsylvania.
TOWNSHIP ENGINEER
A duly qualified engineer appointed by the Board of Supervisors of Fairview Township.
B. 
When not inconsistent with context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, words in the masculine include the feminine, and the word "shall" is always mandatory and not merely directory.
All dangerous structures as defined herein are declared to be public nuisances and shall be repaired, vacated or demolished as provided in this chapter.
The existence and location of a potential dangerous structure shall be brought to the attention of the Board of Supervisors by one of the following methods:
A. 
By the Township Zoning Administrator;
B. 
By a petition signed by at least 12 adult residents of Fairview Township;
C. 
By any individual member of the Board of Supervisors.
A. 
Upon being notified of the existence and location of a potential dangerous structure, the Board of Supervisors shall instruct the Township Engineer to make an investigation of the structure.
B. 
The Township Engineer shall examine the structure and promptly file a brief written report with the Board of Supervisors outlining the condition of the structure and recommending whether or not the structure be found to be a dangerous structure within the meaning of this chapter and the specific reasons for the recommendation.
A. 
The Board of Supervisors shall consider the written report filed in accordance with § 148-5 of this chapter, including the recommendation contained therein, and make a preliminary determination by vote whether the structure under investigation is a dangerous structure.
B. 
In the event that the Board determines that the structure is not a dangerous structure, the owner shall be notified and no further action under this chapter shall be undertaken against the structure or the owner thereof for at least one year unless special circumstances occur which would make it reasonable to begin new proceedings. Such special circumstances may include the subsequent actual physical injury of a person caused by the defective condition of the structure, or the rapid and extreme deterioration of the structure as caused by fire, wind, flood, vandalism, or other action unrelated to mere passage of time.
C. 
If the Board of Supervisors determines that the structure is a dangerous structure, it shall give notice thereof to the owner, which notice shall include the following:
(1) 
A statement that the Board has made a preliminary determination that the structure is a dangerous structure;
(2) 
A listing of the reasons why the structure has been determined to be a dangerous structure;
(3) 
A statement that if the owner wishes to contest this preliminary determination he must appear before the Board at the time and date stated in the notice, at which time a hearing will be held in accordance with § 148-7. The time and date stated shall give the owner at least five days' notice.
(4) 
A statement that if the owner fails to appear, the Board shall make a final determination in accordance with § 148-8.
A. 
If the owner appears at the time and date appointed in the notice of preliminary determination, the Board of Supervisors shall convene a hearing and take testimony on the issue of whether, and to what extent, the structure is a dangerous structure. No such hearing shall be convened unless a court reporter is present to make a record of the proceedings.
B. 
At this hearing, all interested parties, including the owner and any resident of Fairview Township, shall have the reasonable opportunity to give testimony.
C. 
After the hearing has concluded, the Board of Supervisors shall issue a final determination in accordance with § 148-8.
A. 
Within five days of the date scheduled for the hearing to reconsider the Board's preliminary determination that the structure is a dangerous structure, the Board shall issue its final determination, in writing, which determination may:
(1) 
Reverse the Board's preliminary determination and find that the structure is not a dangerous structure; or
(2) 
Affirm the Board's preliminary determination and find that the structure is a dangerous structure.
B. 
If the Board's final determination is that the structure is not a dangerous structure, then no further action shall be taken against the owner or structure unless in accordance with § 148-6B.
C. 
If the Board's final determination is that the structure is a dangerous structure, then it shall so notify the owner, including a listing of the reasons why the structure was found to be a dangerous structure, and must further state that the owner must bring the dangerous structure into compliance with this chapter and to abate the nuisance being caused by the structure within 30 days by either repairing the structure, removing the dangerous condition, or demolishing and removing the structure and, if the owner does not do so, that the Board may act on its own and impose costs and penalties against the owner in accordance with § 148-9 of this chapter. The Board may also order that the dangerous structure be vacated until such time as it is brought into compliance with this order.
If the owner, after receiving notice of the Board's final determination, fails to comply with the terms thereof within the allotted time:
A. 
The Board may proceed to repair the structure, if it is reasonable to do so, or otherwise demolish and remove the structure. In each such case, the costs of such repair, demolition, or removal, plus a penalty of 10%, may be charged against the land on which the structure is or was located as a municipal lien, or the Township may recover the same against the owner in an action at law, or the Township may proceed in an action in equity.
B. 
In addition to any costs and penalties imposed pursuant to Subsection A of this section, the owner of a dangerous structure who fails to comply with the terms of the Board's final determination shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense.
[Amended 11-7-2012 by Ord. No. 2012-4]
C. 
In addition to the remedies set forth in Subsections A and B, the Township may institute appropriate actions or proceedings at law or in equity to prevent and restrain the dangerous structure, to restrain, correct or abate the violation and to prevent the use or occupancy of the dangerous structure.
In those cases where the Board specifically determines that the dangerous structure poses an immediate and substantial risk to the health and welfare of persons in their vicinity, and in those cases where the Board specifically determines that the owner cannot be found and the structure has been abandoned, then the Board may issue a final determination stating the dangerous structure was determined to be an emergency or abandoned and then proceed to immediately repair or demolish and remove the structure pursuant to § 148-9A without the need to wait 30 days to allow the owner an opportunity to repair or remove the structure. In such cases, costs and the penalty of 10% added thereto may be imposed against the owner or structure in accordance with § 148-9A, but no fine shall be imposed pursuant to § 148-9B.
A. 
Whenever notice is required under this chapter, it shall be in writing, shall state the specific reasons why the structure has been determined to be a dangerous structure, and shall be served upon the owner in one of the following ways:
(1) 
By making personal delivery of the notice to the owner;
(2) 
By handing a copy of the notice at the residence of the owner to an adult member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence;
(3) 
By fixing a copy of the notice to the door at the entrance of the dangerous structure;
(4) 
By mailing a copy of the notice to the last known address of the owner by certified mail;
(5) 
By publishing a copy of the notice in a local newspaper of general circulation within Erie County, Pennsylvania, once a week for three successive weeks.
B. 
Any person removing the notice provided for in Subsection A(3) of this section shall, upon conviction before the Magisterial District Judge, be subject to a fine not exceeding $50 plus costs for each offense, and in default of payment of the fine and costs shall be subject to imprisonment for a period not exceeding five days.