[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 8-13-1962 by Ord. No. 330. Amendments noted where
applicable.]
It shall be the duty of each owner or occupier
of every building, structure or dwelling of any type (herein collectively
called "structures") in the Township of Tinicum to keep the same in
such a state of repair that it does not constitute a danger or a dangerous
condition to the health and safety of the Township or for reasonable
habitation or use; and it shall also be owner's or occupier's duty
to keep said structure free of vermin or rodent infestation; and it
shall also be the owner's or occupier's duty to maintain the structure
so that it does not constitute a fire hazard.
Whenever it is reported or found by the Chief
of Police, the Code Enforcement Officer, the Health Officer or the
Fire Marshal that any structure, completed or in the process of construction,
or any part or portion thereof, is in a dangerous condition, or is
vermin or rodent infested, or constitutes a fire hazard or endangers
the health, safety and general welfare of the Township of Tinicum,
said official shall forthwith certify to the Board of Commissioners
of the Township of Tinicum the condition of said structure, setting
forth the location of said structure, and the facts which constitute
said condition and in what respects he certifies it violates this
chapter.
Whenever it is reported to any one of the named officials by any person that any structure is in violation of this chapter, it shall be said official's duty to immediately investigate and report thereon as provided in § 320-2 hereof; but if he finds it does not violate this chapter, he shall so report to the Board of Commissioners. The name of the reporting person need not constitute a part of the said official's report.
When any structure is certified to violate this
chapter, the Township Secretary shall forthwith cause written notice
thereof to be served upon the owner and occupier of said structure.
Said notice shall state the condition found to exist, and require
that it be repaired or removed and that the commencement of the repair
or removal be within 10 days of the date of said notice and completed
within 30 days therefrom, unless the owner thereof shall appear before
the Board of Commissioners and for proper cause request an extension
of said time for completion. Provided, in every case, the owner shall
have the right to remove said structure instead of repairing it.
The notice required herein shall be served by
the police personally upon the said owner if said owner resides in
the Township of Tinicum or upon the owner's agent or representative
if he has a place of business or residence in the Township of Tinicum.
If neither the owner nor the agent thereof can be served as aforesaid,
such notice shall be sent certified mail to the owner's last known
address. If the structure is inhabited, the notice prescribed shall
be served personally upon such inhabitant(s) by the police, and in
all other cases the notice shall be sent by certified mail to any
occupier or user.
If the said owner fails to commence the correction,
repair or removal within the 10 days prescribed, the Township Secretary
shall forthwith cause a second notice to be served upon the owner
in like manner as the first, and also to be posted upon the structure
in two places; and this notice shall state that the Township of Tinicum
will either repair or remove the said structure, as the case may be,
commencing within five days from the date of posting thereof.
Both notices provided for herein shall state
the conditions reported and that the Township will repair or remove
the structure at the owner's expense and will file a lien therefor
against the property.
If said structure is used or inhabited, the
Township Secretary shall with the first notice advise the occupier
or occupiers that the structure is not habitable or usable and that
said occupier or user should remove therefrom within 10 days.
If the owner of such structure upon whom or
to whom notices are served or sent fails to commence the repair or
removal within the time limits provided or to complete same within
the 30 days prescribed, the Township Secretary 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 a penalty
of 10%, shall be collected from the owner in the manner provided by
law.
In addition to the recovery of the costs and expenses provided by § 320-9 hereof, if the owner of such structure to whom notices are sent fails to commence said repair or removal within the 10 days prescribed or to complete the same as provided herein, he shall be guilty of a violation of this chapter and, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for a period not exceeding 30 days; and provided that each day the violation continues shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed, except that any ordinance providing
for the removal of unsafe structures under certain circumstances by
procedures which may be accomplished more quickly than procedures
under this chapter shall not be so repealed.
