[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 3-12-1998 by Ord. No. 558. Amendments noted where
applicable.]
GENERAL REFERENCES
Blighted Property Review Committee — See Ch. 15.
Damaged buildings — See Ch. 187.
Construction standards — See Ch. 240.
Contractors — See Ch. 244.
Fire prevention and protection — See Ch. 307.
Blighted and vacant properties — See Ch. 428.
Property maintenance — See Ch. 429.
Zoning — See Ch. 600.
A.Â
BUILDING
DANGEROUS BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)Â
(2)Â
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
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.
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
to 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 provision of the building
code, fire prevention code, or other ordinances of Upper Chichester
Township.
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 handling,
preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents
or other pests.
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 chapter and with rules and regulations adopted
pursuant thereto, to the 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.
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.
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.
B.Â
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."
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.
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:
A.Â
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.
B.Â
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.Â
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.
D.Â
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.
A.Â
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.
B.Â
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)Â
Shall be in writing.
(2)Â
Shall include a statement of the reasons it is being issued.
(3)Â
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)Â
Shall be served upon the owner, or his agent, or the occupant, as
the case may require as follows:
(a)Â
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)Â
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)Â
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.
C.Â
The Building Inspector shall appear at all hearings conducted by
the Board of Commissioners and testify as to the condition of dangerous
buildings.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
No person shall remove or deface the notice of dangerous building, except as provided in § 191-3C.
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.
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.
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.