This chapter shall be known as and may be cited as "Union Township
Dangerous Structure Ordinance."
This chapter shall apply uniformly to all persons, business
organizations, nonprofit organizations, and all other legal entities,
and it shall apply uniformly to all property and all property owners
within the Township of Union.
Whenever it shall be reported or come to the attention of any
Township official that any structure, completed or in the process
of construction, or any portion thereof, is in a dangerous condition,
such person shall report same to the Board in person at a regularly
scheduled Township meeting or by written letter, signed by the complainant,
identifying the property in question; naming the property owner; and
briefly explaining the nature of the dangerous structure. The Board
shall immediately designate a Township official, employee or construction
code official to make an investigation and examination of such structure.
If such investigation or examination indicates such structure to be
a "dangerous structure," a written report of such investigation shall
be sent to the Board, specifying the exact condition of such structure
and setting forth whether or in what respect the structure is dangerous
and whether the structure is capable of being properly repaired or
whether it shall be removed as a dangerous structure.
The following standards shall be followed by the Board in ordering
the repair, vacation or demolition of a dangerous structure:
A. If the dangerous structure can be repaired, as determined by the
Board, so that it will no longer exist in violation of the terms of
this chapter, it shall be ordered to be repaired.
B. If the dangerous structure is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
C. If the dangerous structure cannot be reasonably repaired, as determined
by the Board, it shall be demolished, and the debris from such demolition
shall be properly disposed of in accordance with all applicable laws
and regulations. In addition, after the demolition and debris removal
have been completed, the ground disturbed by such demolition and debris
removal shall be returned to grade with clean fill, seeded and mulched.
D. If the dangerous structure is a fire hazard or is existing or erected
in violation of the terms of this chapter, any other ordinance of
the Township, or any statute of the Commonwealth of Pennsylvania,
it shall be demolished, and the debris from such demolition shall
be properly disposed of in accordance with all applicable laws and
regulations. In addition, after the demolition and debris removal
have been completed, the ground disturbed by such demolition and debris
removal shall be returned to grade with clean fill, seeded and mulched.
Any person affected by any notice which has been 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 Supervisors,
provided that such person shall file with the Township Secretary 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 Secretary
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 the enforcement notice
should be modified or withdrawn. The hearing shall commence not later
than 30 days after the day on which the petition was filed.
No person shall remove or deface the notice of dangerous building,
except as provided in this chapter.
Whenever the 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
chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but
upon petition to the 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 chapter have been complied with,
the 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.
If the owner, occupant, mortgagee or lessee fails to comply
with the order of the 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 Board of Supervisors
where the order is sustained thereby, the enforcement officer shall
cause such building or structure to be repaired, vacated or demolished,
as determined by the Board of Supervisors, in accordance with the
standards hereinbefore provided. Except that the Township may not
repair, vacate or demolish all or part of the building or structure
unless it first holds a hearing upon procedures set forth (regardless
of whether the person affected by any order chooses to appear) to
hear the evidence regarding whether a building or structure is dangerous
and whether the nuisance can be abated by repairing, vacating or demolishing
the structure or building. The Township may collect the cost of such
repair, vacation, legal costs and/or demolition, together with a penalty
of 10% of such cost, in the manner provided by law. Or the Township
may seek injunctive relief in a court of competent jurisdiction pursuant
to the Rules of Civil Procedure.