[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.]
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.
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.
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."
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.
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.
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:
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.