[HISTORY: Adopted by the Board of Supervisors of Mount Pleasant Township 2-23-2005
by Ord. No. 98. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes, uniform — See Ch. 78.
Whenever it shall be reported to the Supervisors of Mount Pleasant Township
that any structure or building, completed or in the process of construction,
or any portion thereof, is in a dangerous condition, or is in such condition
that it constitutes a nuisance detrimental to the health, safety and welfare
of the community, the Township shall through its Building Code Official cause
an investigation and examination to be made of such structure or building.
If such investigation or examination indicates such structure or building
to be dangerous in any respect or constitute a nuisance to the community,
the Building Code Official of the Township shall report in writing to the
Supervisors of Mount Pleasant Township, specifying the exact condition of
such structure or building, setting forth in such report in what respect he
considers such structure or building to be dangerous, and if so, whether such
structure or building is capable of being properly repaired or whether it
should be removed as a dangerous structure or nuisance.
A.
If any structure or building is reported to the Supervisors of Mount Pleasant Township as set forth in § 65-1 of this chapter to be in dangerous condition or a nuisance, and the Supervisors find that the structure or building presents a clear, present and continuing danger or nuisance to the community, the Secretary of the Board of Supervisors shall forthwith cause written notice to be served upon the owner of such structure or building.
B.
The owner of such structure shall have 10 days in which to notify
the Township's Building Code Official
of intentions as to whether the dangerous condition, nuisance, structure or
building shall be repaired, cleaned up, demolished, or brought up to the requirements
of the Pennsylvania Uniform Construction Code. In the event the owner elects
to repair a structure or premises, the owner shall have an additional 10 days
following his/her notice to the Township to have the building or structure
inspected by a building inspector certified by the Commonwealth of Pennsylvania
under the Pennsylvania Uniform Construction Code at the owner's expense and
to provide the Township's Building Code Official with a written report as
to his findings. Thereafter, the owner shall have 10 days to acquire a building
permit (or demolition permit if needed) along with an inspection schedule
to be issued by the Township with all fees being paid by the owner. In any
event, the owner must commence work to abate the nuisance or repair, demolish
and clean up any dangerous structure, building and materials within 30 days
of the original violation notice.
C.
All work to repair and/or bring the structure into compliance
with the Pennsylvania State Code shall be completed within 60 days to one
year of the original permit date based on the direction of the Mount Pleasant
Township Building Inspector. Demolition, if deemed necessary, shall be completed
within 90 days of the original permit date.[1]
The owner of any such structure or building having received the notice as set forth in § 65-2 of this chapter shall have the right to appeal such finding by the Supervisors by filing a written notice of appeal to the Supervisors of Mount Pleasant Township. Such notice of appeal shall be filed with the Supervisors within 10 days of receipt of the notice as prescribed in § 65-2 and must be accompanied by a fee as set from time to time by resolution of the Board of Supervisors to defray the costs of appeal. All such appeals shall be in accordance with the Local Agency Law of the Commonwealth of Pennsylvania (2 Pa.C.S.A. §§ 551 and 751). The Supervisors shall render a decision within 30 days of the hearing and the time limitations as set forth in § 65-2 shall be applicable in all respects from the date of the Supervisors' decision.
The notice required by the provision of § 65-2 shall be served personally upon the owner of a structure or building, if such owner resides within the Township, or upon the agent of such owner, if such agent has a residence or place of business with the Township. If neither the owner nor the agent thereof can be served within the Township as hereby provided, such notice shall be sent to the owner of such structure or building by registered mail, at the last known address of such owner.
If the owner of any dangerous structure, building or nuisance to whom or which a notice to repair or remove shall have been sent under the provisions of this chapter fails to commence or to complete said repair or removal within the time limit prescribed by said notice, or if the appeal in § 65-3 is unfavorable to said owner, the Supervisors of Mount Pleasant Township shall be empowered to cause such work of repair or removal to be commenced and/or completed by the Township, and the cost and expense thereof, with an penalty of 10%, shall be collected from the owner of such structure or building in the manner provided by law and/or by a municipal lien, provided that the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 65-6; provided, further, that in addition to the penalty as heretofore provided the Supervisors retain the right to proceed in equity as now or hereafter provided by law.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge 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.
