[HISTORY: Adopted by the Board of Supervisors of the Township of Richland 4-21-1980 by Ord. No. 116. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative Board of Appeals — See Ch. 6.
Fire prevention — See Ch. 134.
Property maintenance — See Ch. 186.
Zoning — See Ch. 240.
All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:
A. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
B. 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
D. 
Those which have been damaged by fire, wind or other causes as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Township of Richland.
E. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
F. 
Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
H. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
I. 
Those which because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this township.
J. 
Those buildings existing in violation of any provision of Chapter 240, Zoning, of this township or any other provisions of Chapter 134, Fire Prevention, or other ordinances of the township.
All dangerous buildings within the terms of § 99-1 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
Whenever it shall be reported or come to the attention of any township official or police officer that any building or structure, completed or in the process of construction, or any portion thereof is in a dangerous condition, such person having knowledge thereof shall report the same to the Board of Supervisors, and the Board shall immediately cause an investigation and examination to be made of such building or structure by the Codes Enforcement Officer or Zoning Officer. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of § 99-1 of this chapter, a written report of such investigation shall be submitted to the Board of Supervisors, specifying the exact condition of such building or structure and setting forth whether or in what respect the structure is dangerous and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.
The Codes Enforcement Officer or Zoning Officer shall:
A. 
Inspect or cause to be inspected all public buildings, schools, halls, churches, theaters, hotels, taverns, commercial manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of § 99-1 of this chapter.
B. 
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.
C. 
Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Departments of this township as probably existing in violation of the terms of this chapter.
D. 
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, of any building found by him to be a dangerous building within the standards set forth in § 99-1 of this chapter, that: the owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter; the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Cambria County, or the township records, may, at his own risk, repair, vacate or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do or have done the work or act required by the notice provided for herein.
E. 
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
F. 
Report to the Township Supervisors any noncompliance with the notice provided for in Subsections D and E hereof.
G. 
Appear at all hearings conducted by the Township Supervisors and testify as to the condition of dangerous buildings.[1]
[1]
Editor's Note: Former Section IV(h), regarding appointment of a Building Inspector, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Board of Supervisors shall:
A. 
Upon receipt of a report of the Codes Enforcement Officer or Zoning Officer as provided for in § 99-4F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, to appear before them on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Codes Enforcement Officer's or Zoning Officer's notice provided for herein in § 99-4E.
B. 
Hold a hearing and hear such testimony as the Codes Enforcement Officer or Zoning Officer or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, shall offer relative to the dangerous building.
C. 
Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is a dangerous building within the terms of § 99-1 hereof.
D. 
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon such said dangerous building stands by the township.
Any person aggrieved may appeal to the Richland Administrative Board of Appeals any decision or interpretation of the Codes Enforcement Officer or other authorized representative of the township pursuant to the provisions of Chapter 6, Administrative Board of Appeals, as amended.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following standards shall be followed in substance in ordering repair, vacation or demolition:
A. 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
B. 
If the dangerous building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
C. 
In any case where a dangerous building is 50% damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of the township or statute of the State of Pennsylvania, it shall be demolished.
A. 
If any structure is deemed to be a dangerous building within the standards set forth in § 99-1 of this chapter, the Board of Supervisors shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the deed of registration of any such dangerous building.
B. 
The notice required by this section shall be served personally upon the owner of a dangerous building if the owner resides in the township or personally upon his agent if such agent resides within the township. If personal service as required herein cannot be obtained or if the owner resides outside of the township, such notice shall be sent to the owner of a dangerous building by registered mail at the last known address thereof.
C. 
The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of the order of this chapter, provided that, in any case where the notice prescribed the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the above time limits.
D. 
Such notice shall require any person notified to repair, vacate or demolish any building to commence the work or act required by the notice within 10 days of such notice and to complete such repair removal within 30 days thereof.
E. 
The Board of Supervisors shall cause to be placed on all dangerous buildings a notice reading substantially as follows:
"This building has been found to be a dangerous building by the Board of Supervisors of the Township of Richland. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee or agent of this building. It is unlawful to remove this notice until compliance is made under the terms contained and the notice given to the above-named party."
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the Recorder of Deeds of the County of Cambria, fails to comply with any notice or order to repair, vacate or demolish any dangerous building within 30 days, the Board of Supervisors is empowered to cause such building or structure to be repaired, vacated or demolished by the township and to cause the costs of such repair, vacation or demolition, together with a penalty of 10% to be charged against the land on which the building existed as a municipal lien, or to recover such costs in a suit at law against the owner or other such person having an interest in the building; provided that the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed in Subsection A of this section.
In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, as defined herein, the Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided for in § 99-B.
No officer, agent or employee of the Township of Richland shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Township of Richland as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Township Solicitor until final determination of the proceedings therein.