Township of Upper Chichester, PA Buildings, Dangerous

Any 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.

DANGEROUS BUILDING

All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:

(1)

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;

(2)

Those which, exclusive of the foundation, show damage or deterioration to 33% of the supporting member or members, or damage or deterioration to 50% of the nonsupporting enclosing or outside walls or covering;

(3)

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;

(4)

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;

(5)

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;

(6)

Those which have parts thereof which are so attached that they may fall and injure property or members of the public;

(7)

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;

(8)

Those which because of their location are unsanitary, or otherwise dangerous, to the health or safety of the occupants or the public;

(9)

Those existing in violation of any provision of the building code, fire prevention code, or other ordinances of Upper Chichester Township.

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT

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.

EXTERMINATION

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.

GARBAGE

Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

INFESTATION

Presence, within or around a dwelling, of any insects, rodents or other pests.

OWNER

Person who, alone or jointly or severally with others:

(1)

Shall have legal title to any dwelling, or dwelling unit, with or without accompanying actual possession thereof; or

(2)

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 chapter and with rules and regulations adopted pursuant thereto, to the extent as if he were the owner.

PERSON

Any individual, firm, corporation, association or partnership, or other legal entity.

PROPERTY

A piece, parcel, lot or tract of land.

RUBBISH

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.

STRUCTURE

Anything constructed or erected with a fixed or ascertainable location on the ground or in the water, whether or not affixed to the ground or anchored in the water, including buildings, walls, fences, platforms, docks, wharves, billboards, signs and walks.

Whenever the words "dwelling," "dwelling unit," or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

§ 191-2 Dangerous buildings declared nuisances.

All dangerous buildings within the terms of § 191-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.

§ 191-3 Standards for repair, vacation, or demolition.

The following standards shall be followed in substance by the Building Inspector of Upper Chichester Township if in his determination an order is issued requiring repair, vacation, or demolition:

If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered to be repaired.

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.

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 Building Inspector of Upper Chichester Township. The Building Inspector shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.

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 chapter; or if a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of Upper Chichester Township or statute of the Commonwealth of Pennsylvania, it shall be ordered to be demolished; provided, the cost 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.

§ 191-4 Duties of Building Inspector.

The Building Inspector 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 § 191-1 above.

Whenever an inspection discloses that a dwelling, building or structure has become a public nuisance as defined above, the Building Inspector shall issue a written notice to the person or persons responsible therefor. The notice:

(1)

Shall be in writing.

(2)

Shall include a statement of the reasons it is being issued.

(3)

Shall state a reasonable time to rectify the conditions constituting a nuisance, or, if applicable, to remove and demolish the dwelling, building or structure.

(4)

Shall be served upon the owner, or his agent, or the occupant, as the case may require as follows:

(a)

Except in emergency cases and where the owner, occupant, lessee, or mortgagee is absent from Upper Chichester Township, 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.

(b)

Except in emergency cases, in all other cases where the owner, occupant, lessee, or mortgagee is absent from Upper Chichester Township, 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.

(5)

Shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.

The Building Inspector shall appear at all hearings conducted by the Board of Commissioners and testify as to the condition of dangerous buildings.

§ 191-5 Hearings.

Any owner/person affected by any notice issued in connection with the enforcement of any provision of this chapter, may request and shall be granted a hearing on the matter before the Board of Commissioners of Upper Chichester Township, provided that such owner/person shall file with the Township Secretary a written request for said hearing which request shall set forth a brief statement of the grounds thereof. Said request for a hearing shall be made within 10 days after the day the notice was served. If a written request for a hearing is not made within 10 days after service, the notice shall be conclusive evidence that said dwelling, building or structure has become a public nuisance as defined above.

Any notice served pursuant to this chapter shall automatically become an order if a written request for a hearing is not filed with the Township Secretary of Upper Chichester Township within 10 days after such notice is served.

Upon receipt of a written request for a hearing, the Township Secretary shall set a time and place for such hearing and shall give the owner/person written notice thereof. At such hearing, the owner/person shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day in which the written request was filed.

After such hearing, the Board of Commissioners of Upper Chichester Township shall sustain, modify or withdraw the notice. If the Board of Commissioners of Upper Chichester Township sustains or modifies such notice, it shall be deemed to be an order. Any aggrieved party may appeal said order to the Court of Common Pleas of Delaware County.

§ 191-6 Removal of notice prohibited.

No person shall remove or deface the notice of dangerous building, except as provided in § 191-3C.

§ 191-7 Emergency cases.

Whenever the Building Inspector 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 chapter, such order shall be effective immediately. Any owner/person to whom such order is directed shall comply therewith immediately, but upon written request to the Building Inspector shall be afforded a hearing by the Board of Commissioners of Upper Chichester Township as soon as possible. After such hearing, depending on the findings as to whether the provisions of this chapter have been complied with, said order shall continue in effect, or be modified or revoked. 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.

§ 191-8 Abatement by Township. [1]

If the owner, occupant, mortgagee, or lessee fails to comply with the order of the Building Inspector within the time specified in the notice issued by him and no request for a hearing is filed within 10 days thereafter, or following a hearing by the Board of Commissioners of Upper Chichester Township where the notice is sustained thereby, the Building Inspector shall cause such building or structure to be repaired, vacated, or demolished, as determined by the Board of Commissioners of Upper Chichester Township in accordance with the standards hereinbefore provided. The Board of Commissioners of Upper Chichester Township 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 Board of Commissioners of Upper Chichester Township may seek injunctive relief in a court of competent jurisdiction pursuant to the rules of civil procedure. All costs of repair, vacation or demolition together with said penalty may be made a lien on the property.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 191-9 Violations and penalties. [1]

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, 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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).