Township of Haverford, PA Article I Nuisances Generally

§ 119-1 Determination of nuisance; notifications.

Whenever the Township Manager or Code Enforcement, upon information or inspection, determines that the construction, alteration, repair, lack of repair, use, occupancy, care or maintenance of any premises, land, buildings, structures or any part of premises, land, buildings or structures constitutes a nuisance in fact or a menace to health or a threat to public safety, the Township Manager or Code Enforcement shall notify, in writing, the owner or occupier of said premises, land, buildings, structures or part thereof of the determination. If notice, as aforesaid, cannot be given then a copy of said notice shall be posted on the premises.

§ 119-2 Order of abatement.

At the time of the notification of determination aforesaid or at some later time, the Township Manager or Code Enforcement may also deliver or have delivered a written order of abatement directed to the owner or occupier aforesaid requiring an abatement of the condition described within such time as may be specified in the order of abatement. Said order of abatement may provide for removal, replacement, repair, construction, installation or any other relief deemed appropriate by the Township Manager or Code Enforcement.

§ 119-3 Abatement by Township, recovery of costs.

In case such order of abatement is not obeyed within the time specified therein, the Township Manager or Code Enforcement may direct or engage the appropriate Township employees or other persons to remove, correct or abate the condition described, and the expense therefor shall be recoverable from the owner of the premises, land, building or structure involved, together with a penalty of 10% of such expense, in the manner provided by law for the collection of municipal claims.

§ 119-4 Right of entry.

The Township Manager or Code Enforcement or such other persons as may be designated by the Township Manager shall have the power to enter at any time upon any premises, land, buildings, structures or parts thereof which the Township Manager or Code Enforcement suspects may constitute a nuisance in fact or a menace to health or a threat to public safety for the purpose of examining, inspecting, correcting or abating the same.

§ 119-5 Conditions requiring possible order of abatement.

Whenever any of the following conditions are brought to the attention of the Township Manager or Code Enforcement, the Township Manager shall, in his/her discretion, proceed to see whether the order of abatement provided for in this chapter shall be made. The following conditions are not meant to be all-inclusive, and other conditions, although not listed herein, may require the Township Manager or Code Enforcement to proceed as hereinbefore set forth:

A. Noxious or offensive manufacture, art or business.

B. Dangerous buildings or structures.

C. Buildings damaged by reason of fire or other cause.

D. Improper or unsafe construction, repair or alteration.

E. Discharge or draining of harmful oils or fluids on lands or into streams.

F. Improper accumulation of debris, refuse, garbage or manure.

G. Improper sanitation facilities, dumps or cesspools.

H. Dumping, storage or accumulation of junk.

I. Dangerous excavations, holes or pits.

J. Dangerous accumulation of water or other liquids.

§ 119-6 Determination of controlling provisions.

Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restriction than this chapter, the provision of such statute, ordinance or regulation shall be controlling.

§ 119-7 Violation.

The refusal to obey an order of abatement within the time specified shall be deemed to be a violation of Article I, and for any and every such violation, the owner of the premises, land, buildings, structures or part, the Township Manager or Code Enforcement shall issue to the person, firm or corporation responsible for the property a nontraffic citation for a violation of Article I. Each and every day in which any person, firm or corporation shall be in violation of Article I shall constitute a separate offense.

§ 119-8 Additional remedies.

In addition to any remedy provided herein, the Township may proceed for relief by a bill in equity or an action at law.