[HISTORY: Adopted by the Board of Supervisors of the Township
of Shirley 5-5-2008 by Ord. No. 2008-2. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "Shirley
Township Dangerous Buildings Ordinance."
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 Shirley.
A.
Unless otherwise specifically defined below, words or phrases used
herein shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give the chapter its most reasonable
application consistent with its intent.
B.
The word "shall" is always mandatory and not merely directory.
C.
BOARD
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
TOWNSHIP
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Supervisors of the Township of Shirley (see
"Township" hereinbelow).
All the buildings or structures which have any or all of
the following defects; and all such buildings or structures shall
be deemed dangerous buildings:
Those which have been damaged by fire, wind or other cause so
as to fail utterly to provide the amenities essential to decent living
and are unfit for human habitation;
Those which have been damaged by fire, wind or other cause so
as to have become dangerous to the life and safety, morals, or the
general health and welfare of the occupants or the people of the Township;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living so that they are unfit for human habitation;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living and are likely to cause accidents, sickness, or disease,
so as to work injury to the health, morals, safety, or general welfare
of those living therein as well as other citizens of the Township;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or adjoining property;
or
Those which because of their general condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Township.
The Township of Shirley, County of Huntingdon, in the Commonwealth
of Pennsylvania.
D.
Words used in the present tense include the future and past, words
in the plural number include the singular, words in the singular number
include the words in the plural, and words either in the feminine,
masculine or neuter shall include words of the other two genders.
A.
All dangerous buildings are hereby declared to be public nuisances
and shall be repaired, vacated or demolished.
B.
Each day a nuisance in the form of a dangerous building continues,
after notice is given that said dangerous building is to be repaired,
vacated or demolished, shall constitute a separate offense in violation
of this chapter.
Whenever it shall be reported or come to the attention of any
Township official or police officer that any building or structure,
completed or in the process of construction, or any portion thereof,
is in a dangerous condition, such person shall report same to the
Board, and the Board shall immediately designate a Township official,
employee or police officer to make an investigation and examination
of such building or structure. If such investigation or examination
indicates such building or structure to be a dangerous building, a
written report of such investigation shall be sent to the Board, specifying
the exact condition of such building or 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 building.
The Board of Supervisors of the Township shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided for herein above in § 83-5 of this chapter, give written notice to the owner or owners of such dangerous building as determined by the record in the office of the Recorder of Deeds in and for the County of Huntingdon in the Commonwealth of Pennsylvania, or failing to find any owner or owners, then such occupant, mortgagee, lessee, agent, or any other person with an interest in said dangerous building who may be located, to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, demolished or vacated in accordance with the statement of particulars set forth in the notice provided for herein;
B.
Within not less than 10 days nor more than 60 days from the date
of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or other person having an interest in
said building shall offer related to the condition of the subject
premises;
C.
Within 30 days of such hearing, make written findings of the fact
from the testimony offered pursuant to the hearing as to whether or
not the building in question is a dangerous building; and
The following standards shall be followed in substance by the
Board in ordering repair, vacation or demolition of a dangerous building:
A.
If the dangerous building can be repaired as determined by the Board
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B.
If the dangerous building 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 building cannot be reasonably repaired as determined
by the Board, it shall be demolished.
D.
If the dangerous building is a fire hazard or is existing or erected
in violation of the terms of this chapter, or any other ordinance
of the Township, or any statute of the Commonwealth of Pennsylvania,
it shall be demolished.
A.
If any structure is deemed to be a dangerous building within the
standards of this chapter, the Board shall forthwith cause notice
to be served upon the owner or owners of such dangerous building as
determined by the record in the office of the Recorder of Deeds in
and for the County of Huntingdon in the Commonwealth of Pennsylvania,
or failing to find any owner or owners, then such occupant, mortgagee,
lessee, agent, or any other person with an interest in said dangerous
building who may be located.
B.
The notice required by this section shall be served personally upon
the owner or owners of a dangerous building if such owner resides,
or such owners reside, in the Township or personally upon his or her
agent if such agent resides within the Township. If personal service
required herein cannot be obtained, such notice shall be sent to the
owner or owners of a dangerous building by certified mail at the last
known address according to the records available in the Tax Assessment
Office in and for the County of Huntingdon in the Commonwealth of
Pennsylvania.
C.
Such notice shall identify the building or structure deemed dangerous,
contain a statement of the particulars which made this building or
structure a dangerous building and include an order requiring the
same to be put in such condition as to conform with the terms of this
chapter; provided, further, in any case where the notice prescribes
the repair of any structure, the owner thereof shall have the option
to remove such structure in lieu of making the repairs thereto within
the time period provided.
D.
Such notice shall require any person notified to repair, vacate or
demolish any building to commence the work or act required by the
notice within 10 days of such notice and to comply with such repair,
vacation or demolition within 60 days from the receipt of such notice.
E.
The Board shall cause to be placed on all dangerous buildings a notice
reading substantially as follows: "This building has been found to
be a dangerous building by the Board of Supervisors for the Township
of Shirley, County of Huntingdon in the Commonwealth of Pennsylvania.
This notice is to remain on this building until it is repaired, vacated
or demolished in accordance with the notice which has been given to
the owner, occupant, lessee, mortgagee, or agent of the building.
It is unlawful to remove this notice until compliance is made under
the terms contained in the notice served on the above named party."
A.
All fines provided for in this section shall be in addition to costs.
B.
Any person who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous building, which notice is served by any person authorized to do so by the Board, shall, upon conviction before a District Justice, be subject to a fine not exceeding $300; and, in default of payment of the fine and costs, shall be subject to imprisonment for a period not exceeding 30 days. Each day that any person fails to comply with any of the aforesaid notices or orders to repair, vacate or demolish any dangerous building will be considered a separate violation pursuant to § 83-4B.
C.
Any person removing the notice provided for in § 83-8E shall, upon conviction before a District Justice, be subject to a fine not exceeding $100; and, in default of payment of the fine and cost, shall be subject to imprisonment for a period not exceeding 15 days.
D.
Any person having an interest in any building who fails to comply
with any notice or order to repair, vacate or demolish any dangerous
building within 60 days of the receipt of such notice, by such failure,
does empower the Board to cause such building or structure to be repaired,
vacated or demolished by the Township and to cause the costs of such
repair, vacation or demolition together with a penalty of 10% to be
charged upon the land upon which the building exists as a municipal
lien, or alternatively to recover such costs and penalty in a suit
at law against the owner or owners but failing to recover same to
have the judgment therefor to be charged upon the land as a lien;
and this subsection is separate from and in addition to the fine,
penalty and costs which may be imposed by any other subsection of
this section.
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, the Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected as provided for in § 83-9D of this chapter.
