[Ord. 03-2007-535, 3/22/2007, § 100]
1.
Scope. The provisions of this code shall apply to all existing residential
and nonresidential structures and all existing premises and shall
constitute minimum requirements and standards for premises, structures,
life safety, safety from fire and other hazards and for safe and sanitary
maintenance, the responsibility of owners, operators and occupants,
the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
2.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein. All repairs, alterations
and additions to existing buildings shall comply with the PA Act 45,
Uniform Construction Code.
3.
Code Official. The official who is in charge with the administration
and enforcement of the code, or any duly authorized representative
employed by Salisbury Township, and shall be known as the Code Official.
[Ord. 03-2007-535, 3/22/2007, § 200]
1.
Applicability. When a structure or equipment is found by the Code
Official to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this code.
A.
Unsafe Structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is likely to occur.
B.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
C.
Structure Unfit For Human Occupancy. A structure is unfit for human
occupancy whenever the Code Official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
D.
Unlawful Structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or which was erected, altered or occupied contrary to law.
2.
Closing of Vacant Structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Code Official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Code Official
shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons, and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate
and may be collected by any other legal resource.
3.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 5-708, Subsection 3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 5-708, Subsection 2.
4.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Official
shall post on the premises or on defective equipment a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
A.
Placard Removal. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this code.
5.
Prohibited Occupancy. Any occupied structure condemned and placarded
by the Code Official shall be vacated as ordered by the Code Official.
Any person who shall occupy a placarded premises or shall operate
placarded equipment and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by
this code.
[Ord. 03-2007-535, 3/22/2007, § 201]
1.
Imminent Danger. When, in the opinion of the Code Official, there
is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Code
Official is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or of demolishing
the same.
2.
Temporary Safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the Code Official, there is imminent danger
due to an unsafe condition, the Code Official shall order the necessary
work to be done, including the boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action
to be taken as the Code Official deems necessary to meet such emergency.
3.
Emergency Repairs. For the purposes of this section, the Code Official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
4.
Costs of Emergency Repairs. Costs incurred in the performance of
emergency work shall be paid by the Township. The Township shall institute
appropriate action against the owner of the premises where the unsafe
structure is or was located for the recovery of such costs.
[Ord. 03-2007-535, 3/22/2007, § 300]
1.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
2.
Rodent Harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
3.
Accessory Structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
[Ord. 03-2007-535, 3/22/2007, § 400]
1.
Swimming Pools. Swimming pools shall be maintained in a clean and
sanitary condition and in good repair.
2.
Enclosures. Private swimming pools, hot tubs and spas, containing
water more than 24 inches (610 millimeters) in depth shall be completely
surrounded by a fence or barrier at least 48 inches (1,219 millimeters)
in height above the finished ground level measured on the side of
the barrier away from the pool. Gates and doors in such barriers shall
be self-closing and self-latching. When the self-latching device is
less than 54 inches (1,372 millimeters) above the bottom of the gate,
the release mechanism shall be located on the pool side of the gate.
Self-closing and self-latching gates shall be maintained such that
the gate will positively close and latch when released from an open
position of six inches (152 millimeters) from the gatepost. No existing
pool enclosure shall be removed, replaced or changed in a manner that
reduces its effectiveness as a safety barrier.
[Ord. 03-2007-535, 3/22/2007, § 500]
1.
Accumulation of Rubbish or Garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
2.
Disposal of Rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in approved containers.
3.
Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first
removing the doors.
[Ord. 03-2007-535, 3/22/2007, § 600]
1.
Unlawful Acts. It shall be unlawful for a person, firm or corporation
to be in conflict with or in violation of any of the provisions of
this code.
2.
Notice of Violation. The Code Official shall serve a notice of violation
or order.
3.
Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with § 5-708 shall be deemed guilty of a summary offense. If the notice of violation is not complied with, the Code Official may also institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken under this section shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4.
Violation Penalties. Any person who shall violate a provision of
this code, or fail to comply with, or with any of the requirements
thereof, shall be liable on, conviction thereof before the District
Justice, to pay a fine or penalty not to exceed $500 for each and
every offense. Any such enforcement action shall be brought before
a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Whenever such person or persons shall have been notified by the Township
Zoning Officer, Township Code Enforcement Officer, or the Township
Solicitor, by service of a complaint in a prosecution, or by registered
mail, that a violation of this Part is being committed, each day's
continuance of such violation after such notification shall constitute
a separate offense punishable by a fine or penalty. Such fines or
penalties shall be collected as fines or penalties are now collected
by law.
5.
Abatement of Violation. The imposition of the penalties herein prescribed
shall not preclude the Township from instituting appropriate action
to restrain, correct or abate a violation, or to prevent illegal occupancy
of a building, structure or premises, or to stop an illegal act, conduct,
business or utilization of the building, structure or premises.
[Ord. 03-2007-535, 3/22/2007, § 700]
1.
Notice to Person Responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in § 5-708, Subsections 2 and 3, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with § 5-702, Subsection 3.
2.
Form. Such notice prescribed in § 5-708, Subsection 1, shall be in accordance with all of the following:
A.
Be in writing.
B.
Include a description of the real estate sufficient for identification.
C.
Include a statement of the violation or violations and why the notice
is being issued.
D.
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
3.
Method of Service. Such notice shall be deemed to be properly served
if a copy thereof is:
5.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Code Official
and shall furnish to the Code Official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
