[HISTORY: Adopted by the Board of Supervisors
of the Township of Union 11-21-1994 by Ord. No. 94-3. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure, completed or in the process of
construction or any portion thereof, which threatens to endanger human
life or safety or the public health or welfare because it is:
Structurally unsafe, dangerous or unsanitary;
Deficient in adequate means of egress, ventilation
or light;
A fire hazard;
Used, occupied or maintained in an illegal or
improper manner;
In a state of general disrepair or deterioration;
A vacant structure that is not secured against
entry; or
Violative of any applicable laws or regulations
of the federal, state, county or municipal government.
Upon receiving a complaint that any structure
within the Township may be a dangerous structure, the Township Secretary
shall complete or shall cause the complainant to complete a complaint
form that shall, if reasonably possible, be signed by the complainant.
The complainant may be any member of the public, a public official,
a member of the Board, a Township employee or the Township Engineer
or Code Enforcement Officer.
Immediately after receiving a complaint about
the potential existence of a dangerous structure within the Township,
the Township Secretary shall notify the Code Enforcement Officer who
shall immediately cause an investigation or examination to be made
of such structure. After the completion of the investigation and examination,
the Code Enforcement Officer shall prepare a written report:
A.
Explaining the condition of the structure;
B.
Stating whether the structure appears to be a dangerous
structure; and
C.
Either stating that the structure is incapable of
repair or stating, with specificity, what remedial measures must be
taken in order to render the structure safe and no longer a dangerous
structure.
The Code Enforcement Officer shall submit such
report to the Board and shall serve such report upon the owner(s)
of the property upon which the potential dangerous structure is located,
within 15 days of the date that the initial complaint was received.
The copy of the report that is served upon the property owner(s) shall
contain a notice:
A.
Stating that the Board will consider and deliberate
upon the findings at the next regular or special meeting of the Board;
and
B.
Requesting that the property owner(s) cause the necessary
remedial actions to be taken at the property in advance of the Board
meeting or to prepare a plan of remediation for presentation at the
Board meeting.
The Board shall review the complaint and the
investigation report and shall receive public comment and comment
from the property owner(s), if present, at the next regular or special
meeting of the Board. If, at that time, the Board believes that the
structure may constitute a dangerous structure and the conditions
at the property have not been remedied or are not likely to be immediately
remedied by the property owner(s), the Board shall schedule a hearing
for a factual determination of whether the structure, in fact, constitutes
a dangerous structure. Notice of the hearing shall be served upon
all property owner(s) at least 10 days before the hearing.
The Board shall conduct a hearing in accordance
with the Local Agency Law or other applicable statute. Such hearing
shall be transcribed at the cost of the Township so that a written
record of the proceedings may be produced. At such hearing, the Board
shall receive all relevant evidence and testimony and the property
owner(s) shall be provided with a reasonable opportunity to be heard,
to examine or cross-examine witnesses and to present evidence. The
property owner(s) may choose to be represented by legal counsel at
the hearing.
Within 10 days of the conclusion of the hearing,
the Board shall prepare and serve upon the property owner(s) written
findings of fact and a resolution declaring that the structure is
or is not a dangerous structure and requiring the repair or removal
of the dangerous structure. If the Board determines that the structure
is a dangerous structure, the resolution shall include a list of steps
that must be taken in order to render the structure no longer a dangerous
structure. If the structure is found to be a dangerous structure,
the resolution shall require that the property owner(s) commence the
repair or the removal of such structure within 10 days of receipt
of the resolution and that such repair or removal be completed by
the property owner(s) within 30 days of receipt of the resolution;
provided, however, that in any case where the resolution prescribes
the repair of any structure, the property owner(s) shall have the
option to remove such structure instead of making the repairs thereto,
within the stated time period.
If a property owner receives the notice required by § 64-4 of this chapter and does not make the recommended repairs and does not submit a remediation plan to the Board before the Board holds a hearing regarding the condition of the structure, such property owner shall be liable for reimbursing the Township for the costs incurred by the Township in conducting the hearing (including attorneys fees and transcription costs), provided that the Board ultimately determines that the structure was a dangerous structure. The Township may seek to collect such costs from a property owner by any method available at law or by equity.
[Amended 9-20-2004 by Ord. No. 2004-14]
If a property owner does not comply with a resolution declaring a structure to be a dangerous structure, the property owner shall be guilty of a violation of this chapter and, upon conviction thereof, shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty, of this Code.
If the property owner(s) does not comply with a resolution declaring a structure to be a dangerous structure, the Code Enforcement Officer, the Township Engineer or any member of the Board shall be empowered to cause such the structure to be repaired or removed at the initial expense of the Township and the cost and expenses thereof, with a penalty of 10% shall be collected from the property owner(s) of such structure in any manner provided by law, including, but not limited to the imposition of a municipal lien upon the property. This remedy shall be in addition to the imposition of fines in accordance with § 64-8.
Nothing contained in this chapter shall limit
the rights of the Township or the Board to diligently pursue any all
other lawful remedies, including, but not limited to, the initiation
of lawsuits against property owners at law or in equity and shall
not prohibit or constrain the Township from taking emergency remediation
measures pursuant to the BOCA Code then in effect in the Township.
Whenever this chapter requires notice to be
served upon a property owner, service may be effectuated by hand delivery
to the property owner by a competent adult or by mailing the notice
by registered mail, return receipt requested to the last known address
of the owner and to the property, if different than the last known
address of the owner. In the event that a property owner can not be
located or the property owner does not accept service by mail of the
notice, a copy of the notice shall be conspicuously posted at the
property and sent by regular mail to the property owner at the property
owner's last known address.
All prior ordinances of the Township or sections
thereof are repealed and declared unenforceable insofar as they are
inconsistent with any provisions of this chapter. Nothing in this
chapter shall affect any act done or liability incurred, or any suit
or prosecution pending or to be instituted under any of those repealed
or superseded ordinances. The provisions of this chapter, so far as
they are the same as or coextensive with those of ordinances and regulations
in force immediately before the enactment of this chapter, are intended
as a continuation of those earlier ordinances and not as new enactments.
