[Ord. 39-1985, 3/4/1986, § 1]
1.
BUILDING
DANGEROUS BUILDING
A.
B.
C.
D.
E.
F.
G.
H.
I.
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
A.
B.
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An independent 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 the 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.
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 Part and with rules and regulations adopted pursuant
thereto, to the same 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 water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
2.
Whenever the words "dwelling," "dwelling unit," or "premises" are
used in this Part, they shall be construed as though they were followed
by the words "or any part thereof."
[Ord. 39-1985, 3/4/1986, § 2]
All dangerous buildings within the terms of § 4-101 of this Part are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
[Ord. 39-1985, 3/4/1986, § 3]
1.
The following standards shall be followed in substance by the enforcement
officer designated by the Township of Spring in ordering repair, vacation
or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this Part, it shall be
ordered to be repaired.
B.
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.
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 enforcement
officer. The enforcement officer shall remove such placard whenever
the defect or defects upon which the placarding action were based
have been eliminated.
D.
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
Part, or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this Part or any ordinance of the Township
of Spring 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.
[Ord. 39-1985, 3/4/1986, § 4]
1.
The Township Supervisors shall designate the officer or agent of the Township to act as the enforcement officer for the provisions of this Part who shall, for the time of his appointment, 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 § 4-101 above.
2.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the enforcement officer shall issue
a written notice to the person or persons responsible therefore. 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.
D.
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(1)
Except in emergency cases and where the owner, occupant, lessee
or mortgagee is absent form the Township of Spring, 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 his 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.
(2)
Except in emergency cases, in all other cases where the owner,
occupant, lessee or mortgagee is absent from the Township of Spring,
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.
E.
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant thereto.
3.
Appear at all hearings conducted by the enforcement officer and testify
as to the condition of dangerous buildings.
[Ord. 39-1985, 3/4/1986, § 5]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request, and
shall be granted, a hearing on the matter before the enforcement officer;
provided, that such person shall file with the enforcement officer
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefore within 10 days after the day the
notice was served. Upon receipt of such petition, the enforcement
officer 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 such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 20 days after the day on which the petition was filed.
2.
After such hearing the enforcement officer shall sustain, modify
or withdraw the notice. If the enforcement officer sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant to this Part shall automatically become an order if a written
petition for a hearing is not filed with the enforcement officer within
10 days after such notice is served.
3.
Any aggrieved party may appeal the final order to the Board of Supervisors
in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq.
[Ord. 39-1985, 3/4/1986, § 6]
[Ord. 39-1985, 3/4/1986, § 7]
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
Part, 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 Part 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.
[Ord. 39-1985, 3/4/1986, § 8]
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 the enforcement officer, the enforcement officer
shall cause such building or structure to be repaired, vacated or
demolished as the facts may warrant, under the standards hereinbefore
provided. The Township of Spring 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.
[Ord. 39-1985, 3/4/1986, § 9; as amended by Ord.
58-1989, 3/6/1989; as amended by Ord. 09-00, 10/2/2000]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
