[Ord. 103, 3/8/1994, § 1]
1.
BUILDING
CODE
DANGEROUS BUILDING
A.
B.
C.
D.
E.
F.
G.
H.
I.
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
MUNICIPAL PERMITS
OWNER
A.
B.
PERSON
PROPERTY
PUBLIC NUISANCE
RUBBISH
SERIOUS VIOLATION
STRUCTURE
SUBSTANTIAL STEP
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 a plumb line passing through
the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show damage or deterioration
of 33% of the supporting member or members, or damage or deterioration
to 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.
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 provisions of the building
code, fire prevention code or other ordinances of the Township of
Ralpho.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handing, preparation,
cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents
or other pests.
Privileges relating to real property granted by Ralpho Township,
including, but not limited to, building permits, approvals pursuant
to land use ordinances, exceptions to zoning ordinances and occupancy
permits.
[Added by Ord. 181, 7/8/2014]
A 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.
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.
Property which, because of physical condition or use, is
regarded as a public nuisance at common law or has been declared a
public nuisance in accordance with the Ralpho Township Code.
[Added by Ord. 181, 7/8/2014]
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery and dust.
A violation of state law or the Code that poses an imminent
threat to the health and safety of a dwelling occupant, occupants
in surrounding structures, or passersby.
[Added by Ord. 181, 7/8/2014]
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.
An affirmative action, as determined by the Code Enforcement
Officer or other appropriate official, to remedy a serious violation
of state law or the Code, including, but not limited to, physical
improvements or repairs to the property.
[Added by Ord. 181, 7/8/2014]
2.
Whenever
the words "dwelling," "dwelling unit" or "premises" are used in this
Part, they shall be construed as though they were followed by the
words "or any part thereof."
[Ord. 103, 3/8/1994, § 2]
All dangerous buildings within the terms of § 101
of this Part are hereby declared to be public nuisances and shall
be repaired, vacated or demolished as herein provided.
[Ord. 103, 3/8/1994, § 3]
The following standards shall be followed in substance by the
Code Enforcement Officer of the Township of Ralpho in ordering repair,
vacation or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this Part, it shall be
ordered to be repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, safety or general welfare of its occupants or the public
and is so placarded, it shall be ordered to be vacated within such
length of time, not exceeding 30 days, as is reasonable.
C.
No dwelling or dwelling unit which has been placarded as unfit for
human habitation shall again be used for human habitation until written
approval is secured from, and such placard is removed by, the Code
Enforcement Officer. The Code Enforcement Officer shall remove such
placard whenever the defect or defects upon which the placarding action
were based have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed, or deteriorated
from its original condition; if a dangerous building cannot be repaired
so that it will no longer exist in violation of the terms of this
Part; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this Part or any ordinance of the Township
of Ralpho or statute of the Commonwealth of Pennsylvania, it shall
be ordered to be demolished, provided the costs of repairs to rectify
or remove the conditions constituting the nuisance exceed 50% of the
market value of the building at the time demolition is proposed.
[Ord. 103, 3/8/1994, § 4]
1.
The Code Enforcement Officer shall inspect on a regular basis dwellings,
buildings and structures to determine whether any conditions exist
which render such premises dangerous buildings within the terms of
§ 101 above.
2.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Code Enforcement Officer shall issue
a written notice to the person or persons responsible therefor. The
notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons it is being issued.
C.
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure.
D.
Shall be served upon the owner, or his agent or the occupant, as
the case may require.
(1)
Except in emergency cases and where the owner, occupant, lessee or
mortgagee is absent from the Township of Ralpho, all notices shall
be deemed to be properly served upon the owner, occupant or other
person having an interest in the dangerous building if a copy thereof
is served upon him personally, or if a copy thereof is posted in a
conspicuous place in or about the structure affected by the notice,
or if he is served with such notice by any other method authorized
or required under the laws of the commonwealth.
(2)
Except in emergency cases, in all other cases where the owner, occupant,
lessee or mortgagee is absent from the Township of Ralpho, all notices
or orders provided for herein shall be sent by registered mail to
the owner, occupant and all other persons having an interest in said
building, as shown by the records of the County Recorder of Deeds,
to the last known address of each, and a copy of such notice shall
be posted in a conspicuous place on the dangerous building to which
it relates. Such mailing and posting shall be deemed adequate service.
E.
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant thereto.
3.
Appear at all hearings conducted by the Ralpho Township Supervisors
and testify as to the condition of dangerous buildings.
[Ord. 103, 3/8/1994, § 5]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request and
shall be granted a hearing on the matter before the Ralpho Township
Supervisors, provided that such person shall file with the Township
Clerk a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Township
Clerk shall set a time and place for such hearing and shall give the
petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 30 days after the day on which the petition was filed.
2.
After such hearing, the Ralpho Township Supervisors shall sustain,
modify or withdraw the notice. If the Ralpho Township Supervisors
sustain or modify such notice, it shall be deemed to be an order.
Any notice served pursuant to this Part shall automatically become
an order if a written petition for a hearing is not filed with the
Township Clerk within 10 days after such notice is served.
3.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code.
[Ord. 103, 3/8/1994, § 6]
No person shall remove or deface the notice of dangerous building,
except as provided in § 103, Subsection C.
[Ord. 103, 3/8/1994, § 7]
Whenever the Code Enforcement officer finds that an emergency
exists which requires immediate action to protect the public health,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as is
necessary to meet the emergency. Notwithstanding the other provisions
of this Part, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Code Enforcement Officer shall be afforded
a hearing as soon as possible. After such hearing, depending upon
the findings as to whether the provisions of this Part have been complied
with, the Code Enforcement Officer shall continue such order in effect,
or modify or revoke it. The costs of such emergency repair, vacation
or demolition of such dangerous building shall be collected in the
same manner as provided herein for other cases.
[Ord. 103, 3/8/1994, § 8]
If the owner, occupant, mortgagee or lessee fails to comply
with the order of the Code Enforcement Officer within the time specified
in the notice issued by him and no petition for a hearing is filed
within 10 days thereafter, or following a hearing by the Ralpho Township
Supervisors where the order is sustained thereby, the Code Enforcement
Officer shall cause such building or structure to be repaired, vacated
or demolished, as determined by the Ralpho Township Supervisors in
accordance with the standards hereinbefore provided. The Township
of Ralpho may collect the cost of such repair, vacation or demolition
together with a penalty of 10% of such cost, in the manner provided
by law. Or the Township of Ralpho may seek injunctive relief in a
court of competent jurisdiction pursuant to the rules of civil procedure.
[Ord. 103, 3/8/1994, § 9; as amended by Ord. 112,
6/11/1996, §§ 1,2; by Ord. 119, 4/14/1998; and by Ord. 181, 7/8/2014]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a District
Justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
2.
In addition to any other remedy available at law or in equity, the
Township of Ralpho may institute the following actions against the
owner of any real property that is in serious violation of a code
or for failure to correct a condition which causes the property to
be regarded as a public nuisance:
A.
An in personam action may be initiated for a continuing violation
which the owner takes no substantial step to correct within six months
following receipt of an order or notice to correct the violation,
unless the order is subject to a pending appeal before the Township
or court. Notwithstanding any law in the form of action for the recovery
of penalties by the Code, Ralpho Township may recover, in a single
action under this section, an amount equal to any penalties imposed
against the owner and any costs of remediation lawfully incurred on
behalf of Ralpho Township to remedy any code violations.
B.
A proceeding in equity.
C.
A lien may be placed against the assets of an owner of real property
that is in serious violation of the Code or is regarded as a public
nuisance after a judgment, decree, or court order is entered by a
court of competent jurisdiction against the owner of the property.
Nothing in this section shall be construed to authorize, in the case
of an owner that is an association or trust, a lien on the individual
assets of the general partner or trustee, except as otherwise allowed
by law, limited partner, shareholder, member or beneficiary of the
association or trust.
3.
Permit Denial for Delinquency in Any Municipality or Other Jurisdiction.
A.
The Township of Ralpho may deny issuing an applicant a municipal
permit if the applicant owns real property in any municipality for
which there exists on the real property:
(1)
Tax and/or municipal services delinquencies on account of the actions
of the owner; or
(2)
A serious violation and the owner has taken no substantial step to
correct the serious violation within six months following the notification
of the violation and for which fines or other penalties or a judgment
to abate or correct were imposed by a Magisterial District Judge or
municipal court, or a judgment in law or equity was imposed by a court
of common pleas. However, no denial shall be permitted on the basis
of a property for which the judgment, order or decree is subject to
a stay or supersedeas by an order of a court of competent jurisdiction
or automatically allowed by statute or rule of court until the stay
or supersedeas is lifted by the court or a higher court or the stay
or supersedeas expires as otherwise provided by law. Where a stay
or supersedeas is in effect, the property owner shall so advise Ralpho
Township. Ralpho Township shall not deny a municipal permit to an
applicant if the municipal permit is necessary to correct a violation
of state law or a code.
B.
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer, or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
C.
All municipal permits withheld in accordance with this subsection
may be withheld until the applicant obtains a letter from the appropriate
state agency, municipality, or school district indicating the following:
(1)
The property in question has no final and unappealable tax, water,
sewer, or refuse delinquencies;
(2)
The property in question is now in compliance with state law and/or
the code;
(3)
The owner of the property has presented and the appropriate state
agency or municipality has accepted a plan to begin remediation of
a serious violation of state law or the code. Acceptance of the plan
may be contingent on:
(a)
Beginning the remediation plan with no fewer than 30 days following
the acceptance of the plan or sooner, if mutually agreeable to both
the property owner and the municipality.
(b)
Completing the remediation plan within no fewer than 90 days
following commencement of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
(4)
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law, or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made. Letters
required under this section shall be verified by the appropriate municipal
officials before issuing to the applicant a municipal permit.
[Ord. 51, 11/10/1981, § 1]
The word "building," as used in this Part, shall mean any structure
used or intended to be used as a dwelling or place of business or
industry, or any other use requiring a location identity, but shall
not include any accessory building located upon a lot where there
is also a main building.
[Ord. 51, 11/10/1981, § 2; as amended by Ord. 119,
4/14/1998]
The map known as "Ralpho Township Street Number Plan" is hereby
incorporated into this Part. The map shall be maintained current by
the addition of new buildings as constructed, by the Code Enforcement
Officer.
[Ord. 51, 11/10/1981, § 3]
It shall be the duty of the Township to notify present owners
of properties of the number which has been assigned to said properties
which will require a number, and it shall the duty of such owners
so notified within 30 days to comply with the future provisions of
this Part.
[Ord. 51, 11/10/1981, § 4]
Numbers, as assigned to each building in the Township according
to the provisions of this Part, shall be affixed to or painted upon
or carved upon such building within three feet on either side of the
main entrance or other entrance which faces the main street, or upon
a permanent standard base or support between such building and street.
Each number shall be at least three inches high, shall be of such
color and material as to be visible from the street and shall be constantly
maintained in complete and legible form. The property owners shall
reaffix or renew all numbers that shall not continue to conform to
the requirements of this section; provided that, in the case of buildings
occupied by other than the owner thereof, the occupant, rather than
the owner, shall be responsible for maintaining numbers upon such
building as hereby required.
[Ord. 51, 11/10/1981, § 5; as amended by Ord. 119,
4/14/1998]
Whenever a building shall hereafter be erected in the Township,
the owner thereof shall forthwith apply to the Code Enforcement Officer
for the official number thereof, unless the structure is situate on
a rural route, in which case application must be made to the U.S.
Postmaster. The number shall be assigned by the Code Enforcement Officer
in conformity with the requirements set forth in this Part for numbers
for existing buildings and shall, within 30 days after being assigned
to such building, be affixed by the owner thereof in the manner required
by this Part in the case of existing buildings and shall thereafter
be maintained as hereby required for the numbers of existing buildings.
[Ord. 51, 11/10/1981, § 6; as amended by Ord. 112,
6/11/1996, §§ 1,2; and by Ord. 119, 4/14/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
