This chapter shall be known and referred to as the "Fairview
Township Dangerous Structure Ordinance."
All dangerous structures as defined herein are declared to be
public nuisances and shall be repaired, vacated or demolished as provided
in this chapter.
The existence and location of a potential dangerous structure
shall be brought to the attention of the Board of Supervisors by one
of the following methods:
A. By the Township Zoning Administrator;
B. By a petition signed by at least 12 adult residents of Fairview Township;
C. By any individual member of the Board of Supervisors.
If the owner, after receiving notice of the Board's final
determination, fails to comply with the terms thereof within the allotted
time:
A. The Board may proceed to repair the structure, if it is reasonable
to do so, or otherwise demolish and remove the structure. In each
such case, the costs of such repair, demolition, or removal, plus
a penalty of 10%, may be charged against the land on which the structure
is or was located as a municipal lien, or the Township may recover
the same against the owner in an action at law, or the Township may
proceed in an action in equity.
B. In addition to any costs and penalties imposed pursuant to Subsection
A of this section, the owner of a dangerous structure who fails to comply with the terms of the Board's final determination shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense.
[Amended 11-7-2012 by Ord. No. 2012-4]
C. In addition to the remedies set forth in Subsections
A and
B, the Township may institute appropriate actions or proceedings at law or in equity to prevent and restrain the dangerous structure, to restrain, correct or abate the violation and to prevent the use or occupancy of the dangerous structure.
In those cases where the Board specifically determines that the dangerous structure poses an immediate and substantial risk to the health and welfare of persons in their vicinity, and in those cases where the Board specifically determines that the owner cannot be found and the structure has been abandoned, then the Board may issue a final determination stating the dangerous structure was determined to be an emergency or abandoned and then proceed to immediately repair or demolish and remove the structure pursuant to §
148-9A without the need to wait 30 days to allow the owner an opportunity to repair or remove the structure. In such cases, costs and the penalty of 10% added thereto may be imposed against the owner or structure in accordance with §
148-9A, but no fine shall be imposed pursuant to §
148-9B.