[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 3-17-1980 by Ord. No. 539. Amendments noted where
applicable.]
GENERAL REFERENCES
Unsafe structures — See Ch. 320.
The Board of Commissioners of the Township of
Tinicum, Delaware County, Pennsylvania, finds that the existence of
vacant or abandoned structures to which access is easily obtained
by reason of broken windows or doors or other physical deterioration
constitutes a potential threat to the safety, health, morals and general
welfare of the residents of the Township of Tinicum. Such structures
may serve as sites for unlawful and immoral activities. Furthermore,
persons attracted to them, such as transients and children, stand
the risk of serious injury therein due to dilapidated and dangerous
conditions. In addition, use of these structures by such persons also
poses serious fire hazards from the careless use of matches and cigarettes.
It is the intent of this chapter to prohibit the owner of any vacant
or abandoned structure within the Township of Tinicum from allowing
it to remain open so as to provide unobstructed access thereto by
the general public.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Officer of the Township of Tinicum.
The person or persons, firm, corporation or other entity
which, either by conveyance or inheritance or otherwise, is vested
with the title to the property on which the structure is situate or
with the exclusive control of such structure in his capacity as a
legal representative, such as administrator, executor, trustee, etc.
A building or structure which is not currently inhabited
or occupied and to which access to the interior thereof may be gained
by reason of open, unlocked or broken windows or doors or because
of other physical deterioration or damage thereof.
No owner shall maintain or suffer, permit or allow the existence of a structure after notice by the Code Enforcement Officer as provided in § 328-4.
If the Code Enforcement Officer shall determine
that a building constitutes a structure, he shall notify the owner
thereof, by certified mail, of such determination and shall direct
the owner to board up the structure or take whatever other action
may be appropriate to seal off the entrance or entrances thereto.
The notice shall also advise the owner that, upon his failure to comply
with the direction of the Code Enforcement Officer within 30 days
from the date of the receipt thereof by the owner, he shall be subject
to prosecution for violation of this chapter and subject to a fine.
The notice shall also advise that, in lieu of or in addition to such
fine and subsequent to said 30 days, the Township may itself secure
the structure and assess the cost thereof as a lien against the premises.
In order to properly seal off the entrance or
entrances to a structure, the owner shall cause all doors and windows
therein to be closed, using plywood which shall be at least 3/8 inch
thick and which shall be cut and fitted to cover the door frames and
windows. The plywood shall be securely nailed to the building and
painted on the outside.
The owner shall have 30 days from the date of
the posting of the structure and the mailing of a copy of the notice
to the last known owner of record or of the personal service of notice
upon the owner. Failure to comply shall constitute a violation of
this chapter. A conviction of an owner shall not bar further prosecutions
for noncompliance with this chapter subsequent to such conviction.
An offense against this chapter shall constitute a violation.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be liable to 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 each and every day such violation
continues shall constitute a separate and distinct offense.
In lieu of or in addition to prosecution of the owner and subsequent to the notice provided for in § 328-4 or 328-9, as the case may be, the Township may undertake to secure the structure, utilizing either Township personnel or independent contractors for the performance of the work. The cost thereof shall be assessed as a lien against the property in accordance with the laws of the Commonwealth of Pennsylvania.
If the owner cannot be ascertained or is not
locatable, then a notice may be published once in a newspaper of general
circulation in the Township, advising of the existence of the structure
and that if the same is not secured within 30 days from the date of
said notice, the Township will proceed in accordance with the provisions
of this chapter.
If the structure is owned by more than one owner,
each owner shall severally be subject to prosecution for the violation
of this chapter. Where one or more of the joint owners cannot be located
or are without the jurisdiction of the court, the joint owner or owners
who are within the jurisdiction nevertheless may be prosecuted.
