[Ord. 1819, 9/16/1991, § 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that the structural integrity
of the building is threatened.
Those which, exclusive of the foundation, show substantial damage
or deterioration to the supporting member or members, or damage or
deterioration of 50% of the nonsupporting enclosing or outside walls
or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety, or the general health and welfare
of the occupants or the public.
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin infested or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation,
or are likely to cause sickness or disease, so as to work injury to
the health, safety or general welfare of those living therein or to
surrounding parties.
Those which have parts thereof which are so attached that they
may fall and injure property or members of the public.
Those which lack illumination, ventilation or sanitation facilities
or because of another condition are unsafe, unsanitary, or dangerous
to the health, safety, or general welfare of the occupants or the
public.
Those which because of their location are unsanitary, or otherwise
dangerous, to the health or safety of the occupants or the public.
Those existing in violation of any provision of the building
code, fire prevention code, or other ordinances of the Township.
Those which have been inspected by the fire department and found
to be fire hazards by reason of age, condition, dilapidation, obsolescence
or abandonment.
Those which have been inspected by the Township Building Code
Official, and found to be dangerous structures based on the building’s
condition.
[Added by Ord. 1942, 6/29/2009]
Person who, alone or jointly or severally with others;
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this Part and with rules and regulations adopted pursuant
hereto, to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership,
or other legal entity.
A piece, parcel, lot or tract of land.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
[Ord. 1819, 9/16/1991, § 2]
The Township Building Inspector is authorized to inspect all
buildings and structures within the Township in order to determine
whether they are dangerous buildings.
A.
The Building Inspector is authorized and directed to request the
Township Building Code Official and/or the Allegheny County Health
Department to inspect such buildings.
[Amended by Ord. 1942, 6/29/2009]
B.
The Building Inspector shall make a written report of his inspection
and shall obtain written reports from the Township Building Code Official,
and/or the Health Department, if such reports are available. The Fire
Company Chief may also report as to the danger of fire, in addition
to the Township Building Code Official.
[Amended by Ord. 1942, 6/29/2009]
C.
The Building Inspector shall review all available reports and make
a determination as to whether the building is a dangerous structure.
[Ord. 1819, 9/16/1991, § 3]
If the Building Inspector determines the building to be a dangerous
structure, he shall issue a written notice requiring repair or removal
of the building within a specified deadline.
A.
The notice shall state the reasons for which it is issued and the
date of the notice.
[Amended by Ord. 1942, 6/29/2009]
B.
If the notice permits repair, it shall state the repairs required
or refer to the report of the Township Building Code Official.
[Amended by Ord. 1942, 6/29/2009]
C.
The notice shall also contain the following:
(1)
The Harrison Township Building Code Official has determined the structure
described herein to be a dangerous building and a nuisance and has
required said structure to be repaired or removed within 30 days of
the date of this notice. Unless a hearing is requested as set forth
below, this determination shall become final 30 days after the date
of this notice.
[Amended by Ord. 1942, 6/29/2009]
(2)
Any party who may feel aggrieved by said determination requiring
removal or repair of said structure may contest the determination
by requesting a hearing before the Township of Harrison Uniform Construction
Code Board of Appeals pursuant to the Local Agency Law.
[Amended by Ord. 1906, 4/21/2004; and by Ord. 1942, 6/29/2009]
(a)
All requests for hearings must be in writing and must be filed
with the Township Secretary within 30 days of the date of the notice.
Failure to file a request for hearing as set forth above may result
in the loss of any opportunity to contest the determination that the
structure is a dangerous building and a nuisance which must be repaired
or removed.
(b)
The person requesting a hearing shall pay a nonrefundable appeal
fee of $50, plus all costs incurred or estimated to be incurred by
the Township for advertising and a court reporter prior to the hearing
commencing. The request for a hearing shall be accompanied by a deposit
of $200 to be applied towards advertising and court reporter fees,
with any deficit or estimated deficit to be paid by the appellant
before the hearing commences and any surplus to be returned to the
appellant.
D.
The notice may set forth a repair or removal deadline of less than
30 days and an appeal period of less than 30 days if the Township
Building Code Official, the Fire Company Chief, or an Allegheny County
Health Department Official finds that a shorter appeal period is necessary
to protect the occupants or the public from the nuisance posed by
the dangerous building.
[Amended by Ord. 1942, 6/29/2009]
E.
the notice
will require the building removal be done in accordance with the Township
Technical Specifications for Demolition attached to this Part as Exhibit
A.[1] A copy of such specification shall be attached to the
notice.
[1]
Editor's Note: The Technical Specifications are included in
Subpart B below.
F.
The notice will state, in large capital letters, "OCCUPANCY OF THIS
BUILDING IS PROHIBITED BY LAW, EFFECTIVE 30 DAYS FROM THE DATE OF
THIS NOTICE." If the notice contains a shorter removal deadline pursuant
to § 103D, that shorter removal or repair time period shall
be reflected in this Section.
[Amended by Ord. 1942, 6/29/2009]
G.
The notice shall be given in writing by registered or certified mail,
return receipt requested, and by first class, United States mail,
to the last known address of the owner and occupants of said structure.
The notice shall also be posted upon the property. The notice shall
be declared to have been served to the owner and/or occupant of the
structure on the date of the mailing and the date of posting of the
notice, whichever occurs earlier.
[Amended by Ord. 1942, 6/29/2009]
[Ord. 1819, 9/16/1991, § 4]
If, after notice is given, and a hearing, if requested, is held
resulting in a determination that the structure is a nuisance, and
if said structure is not repaired or removed within the time limits
prescribed by such notice, the proper Township officials are hereby
authorized to advertise for bids for demolition of such structure
and the restoration of the land to its natural state, and to enter
into a contract with the lowest responsible bidder, or if feasible,
the work may be done in whole or in part by Township employees. The
proper officials are also authorized to enter, inspect, photograph,
and inventory said structure prior to demolition.
[Amended by Ord. 1942, 6/29/2009]
The proper officials and Solicitor are hereby authorized and
directed to file a municipal claim against the lot or lots appurtenant
to any structure caused to be razed by the Township of Harrison in
connection therewith for the costs incurred in connection with the
razing of such structure, together with a penalty of 10% as provided
by law, or the said costs and expenses may be collected by action
in assumpsit against the owners of said dangerous structure.
[Ord. 1819, 9/16/1991, § 6]
A copy of the notice of repair or removal shall continue to
be posted on the building until it is demolished. Removal of such
notice is prohibited, except by the Building Inspector.
[Ord. 1819, 9/16/1991, § 7; as amended by Ord.
1875, 9/28/1998, § 1]
It is a violation of this Part for any person to be an owner
of a dangerous building or to permit, cause or allow a building to
become a dangerous building. It is a violation of this Part for any
owner of a dangerous building to fail to repair or remove the building
as directed by the Township Building Inspector and/or the Township
Board of Commissioners including, but not limited to, failure to carry
out repair or removal within the time period specified by the Building
Inspector or the Board of Township Commissioners. No person is permitted
to occupy a dangerous building. The proper officers of the Township
are authorized to remove any occupant from a dangerous building, along
with their possessions. The costs of removal of persons and possessions
including, without limitation, reasonable attorney fees incurred by
the Township and of storage of possessions shall be recoverable under
§ 105 hereby.
[Ord. 1819, 9/16/1991; as added by Ord. 1873, 3/23/1998,
§ II]
1.
A notice shall be posted in the manner set forth below when the following
conditions have occurred:
A.
A notice of repair or removal has been issued by the Township pursuant
to § 103.
(1)
The property owner has not appealed such notice within the applicable
appeal time and has not timely carried out the required repair or
removal.
(2)
If such appeal has been timely filed, a Local Agency Law hearing
has been completed and a decision has been rendered by the Board of
Commissioners requiring repair or removal and the required repair
or removal has not been commenced within the applicable time limit.
2.
Where either of the conditions referenced in § 108, Subsection
1A(1) or (2) have occurred, the Building Inspector or the Ordinance
Enforcement Officer may, with the assistance of the Township Public
Works Department and the Township Police Department, post a sign on
the Township right-of-way adjacent to the property in question which
states the following information: property owner's and mortgagee's
name, address, telephone number, a copy of the written notice issued
pursuant to § 103 and a statement as to whether there have
been any hearing regarding the property. The sign shall be conspicuously
posted in large print and shall be maintained until all building code
violations have been eliminated on the premises.
3.
When the Building Inspector or the Ordinance Enforcement Officer
causes a sign to be erected as set forth herein, notification of same
shall be immediately given to the Board of Commissioners.
4.
It shall be a violation of this Part for any person to remove or
otherwise tamper with a sign erected by the Building Inspector or
the Ordinance Enforcement Officer pursuant to this Part.
5.
The Building Inspector or Ordinance Enforcement Officer may agree
with the property owner to removal of such sign if the property owner
takes concrete steps toward bring the property into compliance. Any
such agreement shall be approved by the Township Solicitor and the
Board of Commissioners.
6.
When any such sign is posted, notice that fact shall be sent by the
Building Inspector or Ordinance Enforcement Officer to the Allegheny
County Health Department along with all relevant documentation.
[Ord. 1819, 9/16/1991; as added by Ord. 1873, 3/23/1998,
§ II]
Any provision of this Part or of the Allegheny County Health
Department Rules and Regulations, Article VI, may be implemented,
performed or enforced by the Building Inspector, Ordinance Enforcement
Officer or their designees.
[Ord. 1819, 9/16/1991, § 8]
Any person who shall violate any provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000, and in default of payment thereof to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
[Ord. 1819, 9/16/1992, App. A]
Applicable requirements of the Supplementary Conditions, Special
Conditions, Contract and Project Drawings shall apply to the work
specified in this Part.
[Ord. 1819, 9/16/1992, App. A]
1.
This work shall consist of the total demolition of all buildings
and structures designated on the drawings and/or described in the
specifications, and the subsequent removal of all materials and debris
from the property or properties on which the building or structure
was located.
2.
In general, the total demolition will consist of, but shall not be
limited to, the following:
A.
Termination of all utilities (gas, water, electric, telephone, sanitary
sewers, storm sewers, etc.).
B.
Demolition of buildings and structures.
C.
Demolition of walks and steps, except sidewalks along the streets.
D.
Backfilling of all subsurface areas and surface depressions (basements,
wells, cisterns, cesspools, etc.).
E.
Removal of all materials of any kind from the project, including
all debris and rubbish, as it accumulates and not stored on the project.
F.
Furnish, erect and maintain barricades, lights, flashing warning
lights, and warning and "keep out" signs.
G.
Dust prevention or control.
H.
Site cleanup and treatment of disturbed areas.
[Ord. 1819, 9/16/1992, App. A]
1.
Submit two copies of proposed methods and operation of demolition
to owner for review prior to start of work. Include in the schedule
the coordination for shutoff, capping, removal, sealing, etc., of
all utility services.
2.
The schedule shall indicate the estimated starting and completion
dates for various demolition tasks; with final completion date not
to exceed the time limitations stated in the form of proposal.
[Ord. 1819, 9/16/1992, App. A]
The grounds and building to be demolished will be vacated and
discontinued in use prior to start of the work.
[Ord. 1819, 9/16/1992, App. A]
The owner assumes no responsibility for the actual condition
of the structure to be demolished. Conditions existing at the time
of inspection for bidding purpose will be maintained by the owner
in so far as practicable.
[Ord. 1819, 9/16/1992, App. A]
[Ord. 1819, 9/16/1992, App. A]
The use of explosives will not be permitted.
[Ord. 1819, 9/16/1992, App. A]
1.
Conduct demolition operations and the removal of debris to ensure
minimum interference with roads, streets, walks, and other adjacent
or used facilities.
2.
Do not close or obstruct streets, walks or other occupied or used
facilities without permission from authorities having jurisdiction.
Provide alternate routes around closed or obstructed traffic ways
if required by governing regulations.
[Ord. 1819, 9/16/1992, App. A]
1.
This contractor shall ensure the safe passage of persons around the
area of demolition and conduct operations to prevent injury to adjacent
buildings, structures, other facilities, and persons.
2.
This contractor shall erect temporary covered passageways as and
if required by authorities having jurisdiction.
3.
This contractor shall provide interior and exterior shoring, bracing,
or support to prevent movement or settlement or collapse of structures
to be demolished, where such settlement or collapse would cause injury
to adjacent buildings, structures, utilities, other facilities and/or
persons or property.
[Ord. 1819, 9/16/1992, App. A]
This contractor shall promptly repair damages caused to adjacent
facilities by demolition operations at no cost to the owner.
1.
This contractor shall notify and make all arrangements for termination
and disconnection of all utility services with the proper utility
companies.
2.
This contractor shall pay any and all charges imposed by the utility
companies for removal of their respective service connections and/or
equipment.
3.
This contractor shall promptly install a permanent seal on all sewer
connections to protect against soil erosion and sediment traveling
into existing storm or sanitary sewer systems.
4.
This contractor shall obtain from each utility company a certificate
stating that their respective service has been satisfactorily removed
in accordance with their requirements.
[Ord. 1819, 9/16/1992, App. A]
1.
If extermination is required under the special conditions, contractor
shall employ a certified exterminator and pay all charges to treat
the entire building prior to beginning demolition.
2.
After treatment is completed the contractor shall not enter the building
or begin his work in a time period less than prescribed by the exterminator.
[Ord. 1819, 9/16/1992, App. A]
1.
Use water sprinkling, temporary enclosures, and other suitable methods
to limit the amount of dust and dirt arising and scattering in the
air to the lowest practical level.
2.
Comply with governing regulations pertaining to environmental protection.
3.
Do not use water when it may create hazardous or objectionable conditions
such as ice, flooding, and pollution.
4.
Clean adjacent structures and facilities of dust, dirt, and debris
caused by demolition operations, as directed by the owner or governing
authorities. Return adjacent areas to condition existing prior to
the start of work.
[Ord. 1819, 9/16/1992, App. A]
1.
Demolish building completely and remove from the site. Use such methods
as required to complete the work within the limitations of governing
regulations.
2.
Proceed with demolition in a systematic manner, from the top of the
structure to the ground. Complete demolition work above each floor
or tier before disturbing supporting members on lower levels.
3.
Demolish concrete and masonry in small sections.
4.
Remove structural framing members and lower to ground by means of
hoists, derricks, or other suitable methods.
5.
Breakup and remove concrete slabs-on-grade.
6.
Locate demolition equipment throughout the structure and remove materials
so as to not impose excessive loads to supporting walls, floors or
framing.
7.
Under no circumstances shall any structure be set afire. Burning
of debris or other matter shall not be permitted.
8.
A swinging ball will not be permitted immediately adjacent to any
public thoroughfare, or in areas where its use may create a public
hazard.
9.
No methods of demolition will be permitted which will not insure
that all phases of such demolition will be strictly confined within
the limits of the demolition areas, and without hazard to adjacent
properties, or to the public.
10.
Existing curbs, sidewalks and street paving shall not be disturbed.
11.
This contractor shall remove and dispose of all debris, rubbish and
other materials resulting from the demolition operations off the site.
The means of transporting and disposal of demolished materials shall
be the contractor's responsibility.
12.
Demolish foundation walls to a depth of not less than 24 inches below
the existing ground surface. Demolish and remove below grade wood,
metal construction, and all non-concrete floors below grade.
[Ord. 1819, 9/16/1992, App. A]
1.
Prior to placing the first backfill layer, all existing concrete
basement floors and other concrete surfaced areas shall be broken
to insure adequate drainage.
2.
Floor construction over cellars shall be removed regardless of elevations.
3.
All partition walls and all columns of any nature in cellars or in
other subsurface openings shall be removed to cellar floor elevation.
4.
Furnaces, heating apparatus, piping, gasoline or oil tanks, miscellaneous
fixtures, and stairways shall be removed from the demolition site.
5.
This contractor shall furnish, at his own expense, any additional
materials required for backfilling subsurface areas. The quality,
nature, and source of any additional material required for backfilling
shall be approved by the Engineer before use.
6.
No unstable material will be permitted in the backfill.
7.
Materials encountered in the demolition which the contractor proposes
to use as backfill shall be stored until the walls are removed, if
approved by the Engineer.
8.
This contractor shall use satisfactory soil materials consisting
of stone, gravel, and sand, free from debris, trash, frozen materials,
roots and other organic matter, and stones larger than two inches.
9.
Prior to placement of fill materials, ensure that areas to be filled
are free of standing water, frost, frozen material, trash and debris.
10.
Place fill materials in horizontal layers not exceeding six inches
in loose depth. Compact each layer at optimum moisture contents of
the fill material to a density equal to the original adjacent ground.
11.
All operations in connection with backfilling and grading shall be
performed and completed in such manner as will insure proper drainage.
[Ord. 1819, 9/16/1992, App. A]
1.
At the conclusion of the project and before leaving the project site,
the contractor shall conduct a final cleanup of the entire site.
2.
All debris, rubbish, paper, leaves, rocks and all other such materials
shall be collected and removed. The entire site shall be broom raked
clean.
3.
All surface depressions left by truck tires, removal of concrete
walks, removal of shrubs, and the like shall be filled and raked smooth
to existing grade lines.
4.
All high weeds, grass, small underbrush and the like shall be properly
trimmed and the site shall be left in a neat and orderly condition;
to the satisfaction of the owner.
5.
The demolition site and all other areas disturbed by this contractor's
operations, shall be covered with a minimum of four-inch depth of
topsoil. It shall be the responsibility of the contractor to obtain
the topsoil from outside the limits of the site. Furnished topsoil
shall meet the following grading analysis:
|
Sieve
|
Minimum Percent Passing
| |
|---|---|---|
|
2"
|
100
| |
|
No. 4
|
75
| |
|
No. 10
|
60
|
6.
Topsoiled areas shall be thoroughly loosened to a depth of at least
two inches by discing, harrowing, or by other approved methods until
the tillage is acceptable. All soil irregularities, however caused,
shall be satisfactorily corrected before fertilizing, seeding and
mulching. All objectionable material large than two inches in any
dimension shall be removed and disposed of as directed.
7.
Agricultural pulverized limestone and fertilizer shall be applied
uniformly to the topsoiled areas. On all topsoiled areas, the lime
and initial fertilizer application shall be incorporated into the
soil to a depth of at least two inches by raking, discing, harrowing
or by other approved methods. The incorporation of these supplements
may be performed during the tillage operation. A final fertilizer
application is required and shall consist of the surface application
of Urea-Form fertilizer to all seeded areas at a time designated by
the Engineer, prior to departure from the project site. Application
rates of lime and fertilizer shall be as follows:
|
Pulverized Agricultural Limestone
|
800 pounds per 1,000 square yards
| |
|
10-20-20 Analysis Commercial Fertilizer
|
192 pounds per 1,000 square yards
| |
|
38-0-0 Urea-Form Fertilizer
|
50 pounds per 1,000 square yards
|
8.
Seed shall be certified perennial rye grass sown at the rate of 10
pounds per 1,000 square yards. Seed shall be uniformly sown on the
designated areas by hydraulic, broadcast, drill or hand seeding methods.
All seeds shall conform to the Pennsylvania Seed Act of 1965, Act
No. 187, and regulations of the Pennsylvania Department of Agriculture,
Bureau of Plant Industry.
9.
This contractor shall place either straw or wood-cellulose mulch
immediately after seeding. Straw shall be placed at a minimum rate
of 1,200 pounds per 1,000 square yards, uniformly. An acceptable mechanical
blower may be used to apply mulch. Mulch shall be anchored with the
following materials at the indicated rates:
|
Emulsified Asphalt
|
31 gal. per 1,000 square yards, minimum
| |
|
Wood Cellulose
|
160 pounds per 1,000 square yards
| |
|
Nonasphaltic Emulsion
|
25 pounds per 1,000 square yards
| |
|
Chemical Mulch Binders
|
At manufacturer's recommended rates
|
