[Ord. 125A, 8/19/2014, § 1]
This Part shall be known as the "Fitness for Habitation Ordinance."
[Ord. 125A, 8/19/2014, § 2]
Any structure, and the lot on which it is located, that is
employed as a dwelling or residence for any period of time, including,
but not limited to, houses, town houses, apartments, mobile homes,
rooming houses, and bed and breakfast establishments, but excluding
tents, campers and recreational vehicles located in commercially operated
campgrounds on a temporary basis.
Persons occupying or using a dwelling structure who are:
under the age of 18 years of age; persons who, as a result of emotional
difficulties, mental deficiencies, or substance abuse, are impaired
to such an extent as to be significantly limited in making reasonable
decisions concerning their own health or safety, or the health and
safety of children residing with them; first responders, including,
but not limited to, police, firefighters, fire police, health care
workers, emergency medical technicians, mental health workers; adjacent
neighbors; and Township or County employees or agents such as building
and zoning inspectors.
Any dwelling structure that, as a result of structural damage,
deterioration, improper construction or maintenance, deficient sanitation,
or the lack of necessary utilities such as electricity, heat, potable
water or adequate sewage disposal facilities, creates a reasonable
risk that protected persons in residence for any period of time arc,
or will be, exposed to the risk of death, serious injury, or serious
illness.
[Ord. 125A, 8/19/2014, § 3]
No person or other entity shall own, maintain, rent, possess,
share, or occupy a dwelling structure that has been determined by
Township to be unfit as defined above.
[Ord. 125A, 8/19/2014, § 4]
In the event that any Township, County or State official, agent
or employee, including, but not limited to, police, Township inspector,
or health worker, firefighter, or E.M.T. who shall reasonably come
to believe that any dwelling structure is unfit, either through personal
knowledge, reasonable suspicion, or from a complaint from an identifying
person, shall prepare a report as soon as reasonably possible containing
an explanation of the problem(s) creating the unfitness and the protected
persons who may be at risk. Such report shall be submitted to the
Township Manager for determination as to whether it warrants submission
to the Board of Supervisors. The Township Manager shall simultaneously
mail a copy of the report to the owner(s) and/or occupant(s) of the
dwelling structure.
[Ord. 125A, 8/19/2014, § 5]
If either the reporter or the Township Manager believes that
the report discloses or creates a reasonable suspicion of criminal
activity, a copy thereof shall also be immediately delivered to the
police department having legal jurisdiction.
[Ord. 125A, 8/19/2014, § 6]
To the extent otherwise permitted by law, the police department
providing police services to the Township is authorized to secure
a search warrant(s) in order to facilitate the inspection of any dwelling
where probable cause exists to believe such dwelling is "unfit" if
the owner or occupant thereof has first refused to permit an inspection
by a legally constituted governmental official.
[Ord. 125A, 8/19/2014, § 7]
1.
If the Township Manager shall determine that a report reasonably
warrants submission to the Board of Supervisors, a hearing shall be
held before the Board's next regularly scheduled meeting that
occurs at least seven business days after mailing of the aforesaid
report and notice to the owner(s) or occupier(s). The Board shall
hold a public hearing to determine whether the report warrants a finding
of a violation of this Part, and, if so, the appropriate remedy. Notice
of the date and time of the hearing shall be mailed to the owner(s)
and occupant(s) of the dwelling structure in question by regular and
certified mail, and shall also be posted on a conspicuous place on
the property no later than four days prior to the hearing. At such
hearing, the Board shall consider the following factors in making
its decision on whether a violation of this Part exists in or on the
dwelling structure in question and the appropriate remedy to ameliorate
same:
A.
The type, nature and extent of the circumstances or conditions of,
or on, the dwelling structure that allegedly renders it unfit and/or
unsafe.
B.
Whether any occupants arc children and the ages and number of such
children occupying same.
C.
The likelihood that first responders will be required to enter on,
or into, the dwelling structure in question.
D.
The type and extent of impairment in decision-making abilities suffered
by any protected persons residing on or occupying the dwelling structure
in question.
E.
The likelihood that any protected person will suffer death, serious
injury, or serious illness as a result of the conditions allegedly
rendering the dwelling structure unfit and/or unsafe.
F.
The numbers and proximity of any neighbors and the risk to same of
death, serious injury or serious illness.
G.
Whether such potential for harm creates a risk of death, or if not,
the extent and type of serious injury or serious illness that could
be caused by the conditions allegedly rendering the dwelling structure
unfit and/or unsafe.
2.
At the hearing, the Township, the owner(s), and/or the occupant(s)
of the dwelling structure in question shall have the right to be represented
by legal counsel, to present witnesses on their behalf, and to cross-examine
other witnesses. A stenographic record of the hearing shall be kept.
[Ord. 125A, 8/19/2014, § 8]
At the conclusion of the aforesaid hearing, the Supervisors
shall first determine if the dwelling structure is unfit and/or unsafe.
In the event that a majority of a quorum of the Board shall so determine,
the Board shall then determine the appropriate remedy from those set
forth below, or such other remedies as may be reasonable and lawful.
Notice of the determination of the Board shall be announced in public
at the hearing or, if deemed necessary for purposes of obtaining legal
advice, or for the Board to individually reflect and deliberate, at
the next occurring regularly scheduled Board meeting or sooner special
meeting called for the purpose of rendering a decision. As soon as
possible after announcement of the determination, a copy of same shall
be mailed by regular and certified mail to the owner(s) and occupant(s)
of the dwelling structure in question, along with any additional information
required by the remedies hereinafter provided.
[Ord. 125A, 8/19/2014, § 9]
1.
Upon a determination by the Board of Supervisors that the property
is unfit and/or unsafe, it shall determine which, or what combination,
of the remedies set forth below, or other appropriate remedies is/are
sufficient to eliminate the unfitness and/or safety hazard(s) of the
dwelling structure in question. Any remedy(ies) chosen shall be jointly
and severally binding upon the owner(s) and occupants(s) of same.
The Board or its designated agent or employee shall thereafter:
A.
Send a written notice of the requirements determined to be necessary
to correct or remove the condition(s) that cause(d) the dwelling structure
to be unfit and/or unsafe. Such notice shall include an adequate description
of the conditions making the dwelling structure unfit and/or unsafe
and a summary of the repairs necessary to correct those conditions.
The repairs shall be completed (or the dwelling structure vacated)
within a time established by the Board but in no event less than 14
days after receipt of written notice. This provision shall not act
as a waiver or suspension of any other applicable Township ordinance.
B.
Issue a cease and desist notice ordering immediate evacuation of
the dwelling structure in question and prohibiting any further occupation
until the corrections or repairs specified in Paragraph A above have
been completed and approved after inspection.
C.
Issue a cease and desist notice ordering immediate evacuation, prohibiting
resumption of occupancy, and requiring demolition within a time specified
by the Board of Supervisors.
D.
Regardless of the status of remedies ordered pursuant to this Part,
where the dwelling structure creates an imminent risk of death, serious
bodily injury, or serious illness, or if the owner(s) and/or occupant(s)
fail to comply with a cease and desist notice within the time allowed
and where appeal rights have been exhausted or lapsed, the Board of
Supervisors may instruct the Township Solicitor to seek an emergency
temporary injunction and permanent injunction to prohibit further
occupancy until either the required repairs have been made or until
the subject dwelling structure has been demolished and removed, as
appropriate.
E.
In the event the required repairs, evacuation and/or demolition have
not been completed within the time permitted, provided appeal rights
have been exhausted, the Board of Supervisors by a separate vote may
authorize either the repair or demolition and removal of the offending
dwelling structure by either Township employees or private contractors
engaged for such purposes. Any costs incurred by the Township shall
be reimbursed by the owner(s) within 30 days of mailing of an invoice.
Failing same, the Township shall have the right to initiate assumpsit
litigation in an appropriate court to obtain reimbursement (including
legal and engineering fees), and/or to place a lien in the amount
necessary for full reimbursement (including legal and engineering
fees) against the dwelling structure in question.
[Ord. 125A, 8/19/2014, § 10; as amended by Ord. 125B, 9/16/2014]
In addition, or in the alternative, the Board may seek, in a
court of competent jurisdiction, against any person, firm or corporation
violating this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, to be sentenced to pay a fine of not more than $1,000 plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 90 days. Each day that a violation of
this Part continues or each Section of this Part which shall be found
to have been violated shall constitute a separate offense.
[Ord. 125A, 8/19/2014, § 11]
Any person(s) upon whom a foregoing remedy has been imposed
by the Board of Supervisors shall have 30 days to appeal, or such
longer time if provided by law.
