[HISTORY: Adopted by the Board of Commissioners of the Township of Tinicum 11-21-2005 by Ord. No. 792. Amendments noted where applicable.]
GENERAL REFERENCES
Certificate of occupancy — See Ch. 96.
Uniform construction codes — See Ch. 103.
Neighborhood blight — See Ch. 216.
Unsafe structures — See Ch. 320.
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:
BOARDING, BOARDING-UP OR ENCLOSING A BUILDING OR OTHER STRUCTURE
A condition when the property is vacant or unoccupied and the owner of the property encloses three or more windows, doorways or other openings of said building or structure with plywood, or similar materials.
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. 
The materials to board up damaged buildings or other structures in Tinicum Township shall be painted a similar color to match surrounding brick, stucco, wood, or other surrounding materials.
B. 
The work and materials used in boarding up the building or other structures meet the standards of the Pennsylvania Uniform Construction Code,[1] as may be amended from time to time, or other requirements as set forth in Township ordinances.
[1]
Editor's Note: See Ch. 103, Construction Codes, Uniform.
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.