Tinicum Township has resolved that boarded-up and enclosed buildings
and structures in the Township are not in the best interest of the
public health, safety and welfare and that an ordinance be adopted
regulating the Boarding and enclosing of buildings within Tinicum
Township. It is not the intent hereof to apply these requirements
to the standards which are the basis for the issuance of certificate
of occupancies required by the Codes of Tinicum Township, but rather
to promote the health, safety, and general welfare of Township residents
by preventing, correcting, and preserving the integrity of buildings
and other structures within the community.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMITMENT OF FINANCE
A letter of credit, mortgage or other similar document from
a reasonable financial lender, indicating the lender's commitment
to finance the purchase or rehabilitation of a property.
OWNER
Any person, agent, operator, firm or corporation having a
legal equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of an estate or any such person if ordered to take possession
of the real property by a court or proper jurisdiction.
A boarding permit shall be required under the following circumstances:
A. When any building or structure has been damaged by an act of God, fire or other casualty causing extensive damages to window, doors or other portals, then the owner or owner's agent shall cause upon approval of the Township Code Enforcement Official said building or structure to be immediately protected by boarding for a period of time as provided by §
82-7 hereinafter;
B. When an owner, tenant or owner's agent decides or is directed
by Township Officials to board up a building or enclose an existing
building or other structure, found to be dangerous to life, health,
property or safety of occupants or members of the public due to a
decayed, dilapidated or structurally unsound condition, said owner
or owner's agent shall make an application to the designated
Township Code Enforcement Official for a boarding permit; or
C. If a building or structure is currently boarded up or has been ordered
boarded up by the Township Code Enforcement Official, the building
owner shall make an application for a boarding permit within 10 days
of notice.
Upon the application for a boarding permit under this chapter,
the person applying for the permit shall pay an application fee of
$50. This fee of $50 may from time to time to time be increased by
the Board of Commissioners through resolutions or other ordinances.
No inspection shall be performed or permitted issued under this chapter
until such application fee has been paid.
Upon issuance of a boarding permit, Township Code Enforcement
Official shall make a complete inspection of the building or structure
to determine that:
A. The building is structurally sound and would present no hazard to
the community and is otherwise safe and secure.
B. The electrical heating, plumbing, water and sewage systems, if not
properly operating, is safe and secure.
C. All exterior walls and roofs be structurally sound, free of holes,
breaks, or openings which would expose the building or structure to
natural elements, rodents or water penetration.
D. The building is baited for rodents and exterminated for insects.
A building or other structure within Tinicum Township shall
not be boarded up or enclosed for a period of time exceeding 90 days.
One ninety-day extension of this time period may be granted by the
Township Code Enforcement Official, at no fee, only in the following
circumstances:
A. The owner has a valid building permit and is actively rehabilitating
the building;
B. The owner has a valid agreement of sale with a perspective purchaser
who intends to rehabilitate the building or structure and said purchaser
has a written commitment of finance or mortgage from a responsible
lender.
C. The owner has advertised the property for sale for the past 90 days.
"Advertising" consists of listing the property with a real estate
agent or placing a sign on the property and publishing the offer for
sale in a newspaper of local general circulation at least once a week.
D. The owner establishes a hardship, which is not self-imposed, as determined
by the Township Code Enforcement Official.
Any person who shall violate any provision of this chapter,
upon conviction thereof, shall be subject to a fine of not less than
$300 nor more than $600 or imprisonment for a term as set by the Magisterial
District Judge or the Court of Common Pleas.