This chapter shall be known as and may be cited as "Derry Township
Dangerous Structure Ordinance."
This chapter is ordained and enacted pursuant to the power of
the Board of Supervisors to prohibit and remove dangerous structures
per Section1533 of the Second Class Township Code, as amended (53
P.S. § 66533, as amended), and the General Powers of the
Township to make or adopt ordinances necessary for the proper management,
care and control of the Township and the maintenance of peace, good
government, health and welfare of the Township and of its citizens
per Section 1506 of the Second Class Township Code, as amended (53
P.S. § 66506, as amended), and otherwise per law.
This chapter shall apply uniformly to all persons, business
organizations, nonprofit organizations, and all other legal entities;
and, it shall apply uniformly to all property and all property owners
within the Township of Derry.
Whenever it shall be reported or come to the attention of any
Township official that any structure, completed or in the process
of construction, or any portion thereof, is in a dangerous condition,
such Township official shall report same to the Board of Supervisors
in person at a regularly scheduled Township meeting or by written
letter, signed by the complainant, identifying the property in question,
naming the property owner, and briefly explaining the nature of the
dangerous structure. The Board of Supervisors shall immediately designate
a Township official, employee, or construction code official or other
properly qualified person or agent of the Board of Supervisors to
make an investigation and examination of such structure. If such investigation
or examination indicates such structure to be a dangerous structure,
a written report of such investigation shall be sent to the Board
of Supervisors, specifying the exact condition of such structure and
setting forth whether or in what respect the structure is dangerous
and whether the structure is capable of being properly repaired or
whether it shall be removed as a dangerous structure.
The following standards shall be followed by the Board of Supervisors
in ordering the repair, vacation, or demolition of a dangerous structure:
A. If the dangerous structure can be repaired as determined by the Board
of Supervisors so that it will no longer exist in violation of the
terms of this chapter, it shall be ordered to be repaired.
B. If the dangerous structure is in such condition as to make it dangerous
to the health, morals, safety, or general welfare of its occupants,
it shall be ordered to be vacated.
C. If the dangerous structure cannot be reasonably repaired as determined
by the Board of Supervisors, it shall be demolished and the debris
from such demolition shall be properly disposed of in accordance with
all applicable laws and regulations. In addition, after the demolition
and debris removal have been completed, the ground disturbed by such
demolition and debris removal shall be returned to grade with clean
fill, seeded and mulched.
D. If the dangerous structure is a fire hazard or is existing or erected
in violation of the terms of this chapter, any other ordinance of
the Township, or any statute of the Commonwealth of Pennsylvania,
it shall be demolished and the debris from such demolition shall be
properly disposed of in accordance with all applicable laws and regulations.
In addition, after the demolition and debris removal have been completed,
the ground disturbed by such demolition and debris removal shall be
returned to grade with clean fill, seeded and mulched.
In that this chapter regulates building, housing, property maintenance,
health, fire and public safety, it shall be enforced pursuant to Section
1601(c.1) (2), of the Second Class Township Code, as amended [53 P.S.
66601(c.1)(2), as amended], as applicable. Enforcement thereof shall
be by an action brought before a Magisterial District Judge (formerly
known as a "District Justice") in the same manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure. Any person who shall violate any provision of this chapter,
upon conviction thereof, shall be sentenced to pay a fine in an amount
not to exceed $1,000 per violation and the costs of prosecution, and,
in default of payment of such fine and costs of prosecution, shall
undergo imprisonment of not more than 90 days; provided, further,
that each day's continuance of a violation shall constitute a
separate event.
The Township, by means of a complaint in equity, may compel
the owner and, if applicable, the occupant of the premises to comply
with the terms of any notice of violation, or otherwise may seek any
such other relief as any court of competent jurisdiction is empowered
to afford.
In addition to any other penalties and remedies set forth in
this chapter, any owner who shall create, continue, maintain, or permit
a dangerous structure and/or dangerous structures on their or its
premises within the Township, as applicable, and/or permit such conditions
to exist and continue unabated, shall, within 10 days or such greater
reasonable time as determined by the Township Board of Supervisors,
after notice and order, as above, from the Township Supervisors, to
do so, legally remove the same and legally dispose of any debris from
the same as required by the provisions of this chapter, as applicable.
If such owner shall fail, neglect or refuse to comply with the provisions
of the notice and order aforesaid within the time limit set forth
therein, the Township Supervisors shall have authority, in person
or by their agents and/or employees, to abate the nuisance and to
remove said dangerous structure, and in so doing, shall have authority
to enter upon the property of such person in default and, thereupon,
the Township Board of Supervisors shall collect the cost and expense
of such removal from any owner who created, continued, caused, maintained
or permitted such violation to exist, such owner having failed, neglected
or refused to comply with the notice and order when so requested,
by the filing of a municipal claim in the manner provided by law for
the collection of municipal claims or by an action in assumpsit (a
civil action).
The imposition of the remedies or penalties herein prescribed
are not exclusive, but, on the contrary, they are cumulative and the
exercise of one remedy or penalty shall not preclude the Township
from instituting an appropriate action, in law or equity, or taking
appropriate action under this chapter or otherwise to restrain, correct
or abate the violation and/or stop any illegal act or conduct.