[Adopted 4-20-2006 by Ord. No. 10-2006]
A.
The purpose of this article is to create a system
and set of specific criteria by which the owner of a structure which
constitutes a public nuisance can develop a plan in concert with the
Township for the rehabilitation of the public nuisance.
B.
Ordinance to be complementary to other ordinances.
This article shall be deemed to be part of the Township's Code of
Ordinances. It shall be the Township's option, based on the specific
criteria set forth herein, to determine whether or not the Township
believes that the nuisance property is a viable candidate for rehabilitation.
The decision to accept the nuisance property for rehabilitation under
this article shall be made by the Township in its sole discretion.
C.
Acceptance shall not act as a stay. The Township's
decision to accept a nuisance property's rehabilitation plan shall
not be a stay of the Township's right to continue to cite the nuisance
property owner for continuing violations of the Township's ordinances.
Regardless of acceptance under this article, the Township shall continue
to have all of its rights, pursuant to its police powers, to protect
the health, safety and welfare of its citizens.
As used in this article, the following terms
shall have meanings indicated:
A property shall be deemed to have been abandoned under this
article where the owner of a building or premises has, by action or
inaction, failed to correct a serious health and/or safety violation
on a structure or on the property surrounding the structure. The Township
may determine that a serious health and/or safety violation may exist,
by way of example only and without limitation, where one or more of
the following conditions are found to exist:
The structure has not been legally occupied
for a period of 12 months. However, vacancy is not necessary to be
considered a prerequisite to a finding of abandonment;
The structure is in need of rehabilitation and
has not been appropriately maintained during the unoccupied period.
The owner has not initiated appropriate construction
or improvements to the property for the past six months.
There exists a lack of maintenance of a building
or grounds which actually or potentially poses a risk to the public
health, safety or welfare;
The building is not structurally sound or where
the building or its interior is otherwise unfit for healthy or safe
habitation or access;
Where vandalism at the property has gone unrepaired;
The property has been in tax arrearage for at
least one annual period;
The lack of maintenance or use of the property
promoted a degradation of the surrounding community affecting the
public health, safety and welfare.
The property has been determined to be a nuisance
by the Township Engineer, Code Official, Township Manager and/or the
Board of Commissioners, Board of Standards, or other governmental
or quasi-governmental bodies charged with administering or determining
code compliance and granted the appropriate authority.
Any structure as defined within Chapter 240, Zoning, of the Code of Ordnances of South Fayette Township.
A structure or property which constitutes a menace to the
public health, welfare or safety or which is structurally unsafe,
unsanitary, or not provided with adequate and safe ingress and egress,
or which constitutes a fire hazard, or which may otherwise be dangerous
to human safety due to its condition, or which in relation to existing
uses constitutes a hazard to public health, welfare or safety by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment.
Any man-made object having an ascertainable stationary location
on land or in water whether or not affixed to the land.
A.
Investigation. The Director of Engineering and Planning
("Director") or his/her designee shall be responsible for the investigation
of all complaints concerning conditions which may create a public
nuisance as defined within this section.
B.
Determination. Upon complaint or request from the
Township, the Director shall order a field examination of the site
to determine whether a public nuisance exists as defined herein.
C.
Order to comply. Should the Director, after inspection
and investigate, find that a public nuisance exists at any building
or property, he/she shall cause to be issued a written notification,
served personally or by regular and certified mail addressed to the
property owner as their names and address are shown upon the records
of the County Tax Assessment Office. The notification shall declare
the property to be a public nuisance and shall cite the conditions
found constituting a nuisance. Notification shall order the property
owner to comply. The notice shall allow the property owner up to 30
days (unless extended in writing within the sound discretion of the
Director) to correct all listed violations; provided however, if the
Director determines that the violations pose an immediate threat to
the health, safety and welfare of its citizens, the Director may provide
the property owner with a shorter period within which to correct the
violations.
D.
Compliance or appeal by the property owner. The property
owner shall, after notice as stated above, complete all actions required
to abate any violations as determined by the Director within the time
period prescribed. Should the property owner contest the decision
of the Director, an appeal in writing may be filed with the South
Fayette Township Board of Standards at any time prior to the expiration
of the 30 days from the date of the mailing of the notice.
Should the Director not effect certified notice
or fail to receive confirmation of the receipt of the certified notice
within 10 days of the mailing, he or she shall cause a public notification
to be advertised in a local newspaper of general circulation for two
successive days. Additionally, the Director shall cause a notice of
violation to be conspicuously posted on the property in the manner
prescribed by rule of court. After the second day of advertisement
or the posting of the property, whichever is later, proper notice
shall be deemed to have been provided.
The notice by publication prescribed herein
shall include the address and county tax identification number of
the property and the name of the property owner as listed on the County
Tax Assessment Office records. Also included shall be a listing of
the conditions found to be in violation of this article and the South
Fayette Township Code.
The owner may defend against the citations by
submitting a rehabilitation plan for the rehabilitation and reuse
of the property and by posting cash or a bond equal to 115% of the
amount determined by the Township Engineer to represent the project
cost of rehabilitation. The rehabilitation plan shall include a financial
feasibility analysis, budget and timetable for rehabilitation of the
property, and documentation of qualification of those who will perform
the rehabilitation.
The Director shall approve the plan if the rehabilitation
plan, in the Director's sole determination, is likely to result in
the expeditious rehabilitation and reuse of the property. The Director
shall disapprove of the plan if unrealistic. If the plan is disapproved
by the Director, the owner may appeal to the Board of Standards within
10 days of the disapproval of the Director. If the rehabilitation
plan is approved, the Director shall monitor the owner's compliance.
If the owner fails to carry out any step in the approved rehabilitation
plan, the Director shall seek a forfeiter of the bond or the cash
and shall authorize the use of the proceeds of the bond or the cash
for rehabilitation of the property in accordance with the rehabilitation
plan.
Following expiration of the thirty-day compliance
period, if the owner has failed to: 1) make all repairs as noted in
the violation notice; 2) submit a rehabilitation plan; or 3) to file
an appeal to the Board of Standards, the Director shall submit a report
to the Board of Commissioners requesting a determination of abandonment
nuisance. The Board of Commissioners shall take action to consider
determination of abandonment\nuisance following the conducting of
a public hearing, which is to be advertised as provided herein.
The Board of Commissioners shall advertise in
a newspaper of general circulation the time, date and location of
the public hearing. The notice shall also include the address and
tax identification number of the property, the name of the owner and
a summary of the list of the violations. Notice of the public hearing
shall be conspicuously posted by the Township at points deemed sufficient
by the Township on and around the property to notify the owner and
interested citizens at least seven days prior to the date of the public
hearing. Written notice of the public hearing shall be sent by first
class mail to all property owners, as shown on the tax assessment
rolls, within 300 feet of the perimeter of the property for which
the application is submitted.
Upon determination by the Board of Commissioners
that a property constitutes an abandoned\nuisance property, the Township
may proceed to have conditions remedied up to and including demolition,
and the cost thereof shall be placed by the Township as a lien against
such property to the same extent and character as a lien for real
estate taxes and with the same penalties and interest and with the
same rights of collection, foreclosure, sale and forfeiture as obtained
for tax liens.
Upon final determination of a violation of the
provisions of this article, the Director shall deliver a certified
copy thereof and of the notice to the Township Secretary; the Township
Secretary shall place the same record as a lien against the property
described therein. The Township Solicitor is also directed to take
such steps necessary to have the lien filed of record in the Office
of the Recorder of Deeds of Allegheny County, Pennsylvania.
Upon completion of the required work and/or demolition by the Township, as provided in § 171-17, notice thereof and the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violations, and the same assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the Township Board of Standards. If said amounts remain unpaid, the Township is explicitly authorized to include such amounts in its lien to be filed pursuant to this article.
Any such person shall have the right to appeal
the assessment of costs within 30 days of service of notice thereof.
Such appeals shall be taken to the Township Board of Standards.
If requested by the owner, the Township may
accept title to the property; provided, however, that the Township
is under no obligation to accept an offer of ownership transfer. The
Board of Commissioners will review each such request on the basis
of outstanding liabilities, value of property, location of property,
short- and long-term maintenance costs and benefit to the community.
With the granting of possession to the Township of the property determined
to be abandoned, the owners will be relieved of any future Township
taxes and/or other municipal liens and charges. However, the owner
shall continue responsibility for mortgages and charges by any party
incurred on the property before or after the granting of possession.
The owner shall not be relieved of any civil or criminal liability
or any duty imposed by reason of acts of omissions of the owner relating
to the property.
If the Township accepts ownership of the property,
the Township shall have the right to sell the property to a third
party or to make such other use of the property as the Township sees
fit, in its sole discretion. If the Township sells the property, the
Township Secretary is authorized to place a lien on the property to
cover any costs the Township incurred prior to the sale of the property.
Any person or entity in violation of this article
shall be, upon conviction, subject to a fine of not more than $6,500,
plus costs of prosecution and reasonable attorneys' fees. In default
of payment of such fine, costs and fees, said person in violation
shall be subject to a term of imprisonment of not more than 30 days.
Each day's violation shall be considered to be a separate offense
under this article.
