[Ord. 99, 4/10/2001, § 1]
This Part shall be known as any may be cited as the "Cumberland Township Dangerous Structure Ordinance."
[Ord. 99, 4/10/2001, § 2]
This Part 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 Cumberland.
[Ord. 99, 4/10/2001, § 3]
1. 
Unless otherwise specifically defined below, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Part its most reasonable application consistent with its intent.
2. 
The word "shall" is always mandatory and not merely directory.
3. 
The word "Board" shall mean the Board of Supervisors of the Township of Cumberland (see "Township" herein below).
4. 
The word "Township" shall mean the Township of Cumberland, County of Adams, in the Commonwealth of Pennsylvania.
5. 
The words "dangerous structure" shall mean all the structures which have any or all the following defects; and, all such structures or structures shall be deemed "dangerous structures."
A. 
Those which have been damaged by fire, wind or other cause so as to fail utterly to provide the amenities essential to decent living and are unfit for human habitation.
B. 
Those which have been damaged by fire, wind or other cause so as to fail utterly to provide the amenities essential to decent living and are unfit for human habitation.
C. 
Those which have been damaged by fire, wind or other cause so as to have become dangerous to the life and safety, morals or the general health and welfare of the occupants or the people of the Township.
D. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living so that they are unfit for human habitation.
E. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living and are likely to cause accidents, sickness, or disease, so as to work injury to the health, moral, safety or general welfare of those living therein as well as other citizens of the Township.
F. 
Those which have parts thereof which are so attached that they might fall and injure members of the public or adjoining property.
G. 
Those which because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Township.
6. 
Words used in the present text include the future and past, words in the plural number include the singular, words in the singular number include words in the plural, and words either in the feminine or masculine or neuter shall include words of the other two genders.
[Ord. 99, 4/10/2001, § 4]
1. 
All dangerous structures are hereby declared to be public nuisances and shall be repaired, vacated or demolished.
2. 
Each day a nuisance in the form of a "dangerous structure" continues, after notice is given that said dangerous structure is to be repaired, vacated or demolished, shall constitute a separate offense in violation of this Part.
[Ord. 99, 4/10/2001, § 5]
Whenever it shall be reported or come to the attention of any Township official or police officer that any structure or structures, completed or in the process of construction, or any portion thereof, is in a dangerous condition, such person shall report same to the Board; and, the Board shall immediately designate a Township official, employee or police officer to make an investigation and examination of such structure or 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.
[Ord. 99, 4/10/2001, § 6]
1. 
The Board of Supervisors of the Township shall:
A. 
Upon receipt of a report in accordance with the investigation procedure provided for herein above in § 4-105 of this Part, give written notice to the owner or owners of such dangerous structure as determined by the record in the Office of the Recorder of Deeds in and for the County of Adams in the Commonwealth of Pennsylvania, or failing to find any owner or owners, then such occupant, mortgagee, lessee, agent of any other person with an interest in said dangerous structure who may be located, to appear before the Board on the date specified in the notice to show cause why the structure or structures reported to be a dangerous structure should not be repaired, demolished or vacated in accordance with the statement of particulars set forth in the notice provided for herein.
B. 
Within not less than 10 nor more than 60 days from the date of such notice, hold a hearing and hear such testimony as the owner, occupant, mortgagee, lessee or other person having an interest in said structure shall offer related to the structure.
C. 
Within 30 days of such hearing, make written findings of fact from the testimony offered pursuant to the hearing as to whether or not the structure in question is a dangerous structure.
D. 
Within not more than 30 days following the hearing provided for by the Subsection 1B hereof, issue an order, based upon findings of fact made pursuant to Subsection 1C hereof, demanding the owner of said structure to, repair, demolish or vacate any structure found to be a dangerous structure.
[Ord. 99, 4/10/2001, § 7]
1. 
The following standards shall be followed in substance by the Board in ordering 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 Part, it shall be ordered 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.
D. 
If the dangerous structure is a fire hazard, or existing or erected in violation of the terms of this Part, any other ordinance of the Township or any statute of the Commonwealth of Pennsylvania, it shall be demolished.
[Ord. 99, 4/10/2001, § 8]
1. 
If any structure is deemed to be a dangerous structure within the standards of this Part, the Board shall forthwith cause notice to be served upon the owner or owners of such dangerous structure as determined by the record of the Office of Recorder of Deeds in and for the County of Adams in the Commonwealth of Pennsylvania, or failing to find any owner or owners, then such occupant, mortgagee, lessee, agent, or any other person with an interest in said dangerous structure who may be located.
2. 
The notice required by this section shall be served personally upon the owner or owners of a dangerous structure if such owner resides or such owners reside, in the Township or personally upon his agent if such agent resides within the Township. If personal service required herein cannot be obtained, such notice shall be sent to the owner or owners of a dangerous structure by certified mail at the last known address according to the records available in the Tax Assessment Office in and for the County of Adams in the Commonwealth of Pennsylvania.
3. 
Such notice shall identify the structure deemed dangerous, contain a statement of the particulars which make this structure a dangerous structure and include an order requiring the same to be put in such condition as to conform with the terms of this Part; provided, further, in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time period provided.
4. 
Such notice shall require any person notified to repair, vacate or demolish any structure to commence the work or act required by the notice within 10 days of such notice and to comply with such repair, vacation or demolition within 60 days from the receipt of such notice.
5. 
The Board shall cause to be placed on all dangerous structures a notice reading substantially as follows:
"This structure has been found to be a dangerous structure by the Board of Supervisors for the Township of Cumberland, County of Adams in the Commonwealth of Pennsylvania. This notice is to remain on this structure until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, occupant, lessees, mortgagee, or agent of the structure. It is unlawful to remove this notice until compliance is made under the terms contained in the notice served on the above named party."
[Ord. 99, 4/10/2001, § 9; as amended by Ord. 05-112, 7/26/2005]
1. 
All fines provided for in this section shall be in addition to costs.
2. 
Any person who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous structure, which notice is served by any person authorized to do so by the Board, shall, 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.
3. 
Any person removing the notice provided in § 4-108, Subsection 5, shall, 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.
4. 
Any person having an interest in any structure who fails to comply with any notice or order to repair, vacate or demolish any dangerous structure within 60 days of the receipt of such notice, by such failure, does empower the Board to cause such structure to be repaired, vacated or demolished by the Township and to cause the costs of such repair, vacation or demolition together with a penalty of 10% to be charged upon the land upon which the structure exists as a municipal lien, or alternatively to recover such costs and penalty in a suit at law against the owner or owners but failing to recover same to have the judgment therefor to be charged upon the land as a lien; and, this subsection is separate from and in addition to the fine, penalty and costs which may be imposed by any other subsection of this section.
[Ord. 99, 4/10/2001, § 10]
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous structure, the Board shall cause the immediate repair, vacation or demolition or such dangerous structure. The costs of such emergency repair, vacation or demolition of such dangerous structure shall be collected as provided for in § 4-109, Subsection 4, of this Part.