[HISTORY: Adopted by the Board of Supervisors of the Township of Coolbaugh 2-16-1999 by Ord. No. 97 (Ch. 4, Part 2, of the 1999 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 160.
A. 
Short title. This chapter shall be known as, and may be cited as, the "Dangerous Building Ordinance."
B. 
Statutory authority. This chapter is adopted pursuant to §§ 66533 and 66601 of the Second Class Township Code, 53 P.S. §§ 66533 and 66601.
C. 
Purpose. The purpose of this chapter is to require the repair or removal of a dangerous building which has been declared a public nuisance, to protect against injury to persons and property, thereby ensuring the health, safety and welfare of the citizens of Coolbaugh Township.
A. 
Definitions. For the purpose of this chapter, certain terms, phrases and words are defined as follows:
(1) 
Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural, and the plural, the singular.
(2) 
The terms "shall," "will" or "must" are always mandatory. The words "used for" include "designed for," "arranged for," "intended for," "maintained for," or "occupied for." The words "building" and "dwelling" shall be construed as if followed by the phrase "or part thereof."
(3) 
When terms, phrases or words are not defined, they shall have their ordinarily accepted meaning or such as the context may supply.
B. 
Specific terms. Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
BOARD OF SUPERVISORS
The Board of Supervisors of Coolbaugh Township, Monroe County, Pennsylvania.
BUILDING
Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind. Structures divided by unpierced masonry division walls extended from the ground to the underside of the roof shall be separate buildings for the purpose of this chapter.
BUILDING CODE OFFICIAL
The person designated by the Board of Supervisors to implement and enforce this chapter.
DANGEROUS BUILDING
Any building which meets the criteria set forth in § 138-3A of this chapter.
DWELLING
A building arranged, intended, designed or used as living quarters and/or for sleeping by human occupants.
OWNER
A person having legal title to the property on which a dangerous structure is located with or without having actual possession of the property. For the purposes of this chapter, the term "owner" shall also include a person having legal responsibility for such property including, but not limited to, an agent of the titled owner, executor or administrator of an estate or guardian of the interests of a titled owner.
PERSON
Any individual, firm, trust, partnership, public or private association or corporation or other entity.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
TOWNSHIP
The Township of Coolbaugh.
A. 
Dangerous buildings. All dangerous buildings as set forth below are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as herein provided. A building shall be considered dangerous if any of the following defects are present:
(1) 
Those whose exterior or interior wall or other vertical structural member lists, leans, deflects, bows or buckles to such an extent that a plumb line passing through the center of gravity falls outside of the middle third at its base.
(2) 
Those which show damage or deterioration to 1/3 or more of the bearing or supporting member or members, or damage or deterioration to 1/2 or more of the non-bearing or non-supporting exterior walls or covering.
(3) 
Those which have improperly distributed loads upon the floor, roof or other load-bearing members resulting in overloading or in a condition where the floor, roof or other load-bearing members has insufficient strength to be reasonably safe as utilized.
(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 have a component which is improperly attached and which may fall and injure the occupants or the public or cause damage to property.
(6) 
Those which lack illumination, ventilation or sanitation facilities or any other condition which is dangerous, unsafe, unsanitary or threatens the health, safety or general welfare of the occupants or the public.
(7) 
Those which are vacant buildings which are not adequately secured against entry by animals or unauthorized entry by the public.
B. 
Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Building Code Official of the Township in ordering repair, vacation or demolition of a building found to be a dangerous building after an investigation and consultation with any necessary expert, as set forth in § 138-4A of this chapter.
(1) 
If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this section, it shall be ordered to be repaired.
(2) 
If the dangerous building is in such a 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.
(3) 
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 Code Official, the Building Code Official shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.
(4) 
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 section, or if a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any Ordinance of the 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 in proposed.
C. 
Duties of Building Code Official.
(1) 
When the Township becomes aware that a building may be dangerous, the Building Code Official shall inspect the building to determine whether any of the conditions exist which render such building dangerous within the terms of Subsection A of this section.
(2) 
The Building Code Official, with the approval of the Board of Supervisors, may seek the advice of a consultant or expert if necessary to evaluate the criteria in Subsection A of this section. The Building Code Official is empowered to enter onto private property to inspect a building for compliance with this chapter.
(3) 
Whenever an inspection reveals that a building is dangerous and has become a public nuisance, the Building Code Official shall issue a written notice to the owner or individual responsible for the property. 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 and the penalty for failing to comply with the notice as set forth in § 138-4B and C of this chapter.
(d) 
Shall be served upon the owner, or his or her agent, or other person responsible for the property.
[1] 
The notice of violation shall be deemed to be properly served upon the owner, or his or her agent, or other person responsible for the property if served by certified mail, return receipt, restricted to delivery to the addressee; or by personal service.
[2] 
If service as above described cannot be effected, service by publication may be accomplished after a good faith effort is documented of attempts to locate the owner, agent or other responsible party.
(e) 
May 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.
(f) 
Shall advise the addressee of the right to appeal the notice of violation to the Board of Supervisors as set forth in the Local Agency Law, 2 P.S. § 553, and § 138-4A of this chapter.
(4) 
The Building Code Official, and expert or consultant if required, shall appear at all hearings conducted by the Board of Supervisors and testify as to the condition of the dangerous buildings.
(5) 
The Building Code Official shall post a copy of the notice of violation on the dangerous building in a conspicuous location. It shall be a violation of this chapter for any person to remove the posted notice.
A. 
Hearings.
(1) 
Any person affected by any notice which as 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 request for such hearing, setting forth a brief statement of the grounds thereof, within 30 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 herd 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 request was filed. The hearing shall be conducted according to the Local Agency Law, 2 P.S. § 551 et seq. All costs of said hearing not otherwise prohibited or precluded by law shall be paid by the petitioner.
(2) 
After such hearing, the Board of Supervisors shall sustain modify or withdraw the notice. If the Board of Supervisors sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if written request for a hearing is not filed with the Township Secretary within 30 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 provision of the Judicial Code, Title 42, Pa.C.S.A.
B. 
Abatement by Township. If the owner, occupant, mortgagee or lessee fails to comply with the order of the Building Code Official within the time specified in the notice issued by him and no request for a hearing is filed within 30 days thereafter, or following a hearing by the Board of Supervisors where the order is sustained thereby, the Building Code Official 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. The 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 Township may seek injunctive relief in a court of competent jurisdiction pursuant to the Rules of Civil Procedure.
C. 
Penalties. Any person who violates any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine or 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 section continues or each Part of this section which shall be found to have been violated shall constitute a separate offense.
A. 
Owners severally responsible. If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for the violation of this chapter.
B. 
Remedies not mutually exclusive. The remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.