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.
TOWNSHIP
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.
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.