[Ord. 381, 5/10/2017]
This Part shall be known as and may be cited as the "Plainfield
Township Unsafe Structure Ordinance."
[Ord. 381, 5/10/2017]
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 Plainfield.
[Ord. 381, 5/10/2017]
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. 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 the words in the
plural, and words either in the feminine, masculine or neuter, shall
include words of the other two genders. The word "shall" is always
mandatory and not merely directory.
2.
BOARD
ENFORCEMENT OFFICER
STRUCTURE
TOWNSHIP
UNSAFE STRUCTURES
A.
B.
C.
D.
E.
F.
G.
As used in this Part, the following terms shall have the meanings
indicated:
The Board of Supervisors of the Township of Plainfield (see
"Township" herein below).
The Township official, or any duly authorized representative,
who is charged by the Board of Supervisors with the administration
and enforcement of the Plainfield Township Unsafe Structure Ordinance.
That which is built or constructed, or a portion thereof.
A "structure" shall include, but not be limited to, residences, dwellings,
garages, sheds, outhouses, barns, commercial buildings and industrial
buildings.
The Township of Plainfield, County of Northampton, in the
Commonwealth of Pennsylvania.
That which is a man-made, built or constructed, or a portion
thereof, including but not limited to residences, dwellings, garages,
sheds, outhouses, barns, commercial buildings and industrial buildings,
which have one or more of the following defects:
Those which have been damaged by fire, wind or other cause so
as to fail to provide the amenities essential to decent living and
are unfit for human habitation;
Those which have been damaged by fire, wind or other cause so
as to have become unsafe to the life and safety or the general health
and welfare of the occupants or other people of the Township;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which fail to provide the amenities essential to decent
living so that they are unfit for human habitation;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which fail to provide the amenities essential to decent
living are likely to cause accidents, sickness or disease, so as to
cause injury to the health, safety or general welfare of the people
of the Township;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or cause damage to adjoining
property;
Those which present an imminent risk of personal injury or death
due to their structural failure, potential collapse or lack of upkeep
and maintenance; or
Those which because of their general condition are unsafe, unsanitary
or present a threat to the health, safety or general welfare of the
people of the Township.
[Ord. 381, 5/10/2017]
1.
All unsafe structures are hereby declared to be public nuisances
and shall be repaired, vacated or demolished.
2.
Each day a nuisance in the form of an unsafe structure continues,
after notice is given pursuant to this Part that said unsafe structure
is to be repaired, vacated or demolished, shall constitute a separate
offense in violation of this Part.
[Ord. 381, 5/10/2017]
1.
Anyone reporting an unsafe structure to the Township shall do so
by written letter or by filling out a Township Complaint Form and
submitting it to the Township Office.
2.
Upon receipt of a report of an unsafe structure or structures, the
Township Manager shall immediately designate a Township official,
employee, professional engineering representative, or building code
official to make an investigation and examination of such structure
or structures.
3.
Township officials, employees, professional engineering representatives,
or building code officials are authorized to inspect structures on
a regular basis to determine whether any conditions exist which render
such premises unsafe structures within the terms of this Part.
4.
If such investigation or examination concludes that such structure
is an "unsafe structure," a written report of such investigation shall
be sent to the Board of Supervisors or their designee, specifying
the exact condition of such structure and setting forth whether or
in what respect the structure is unsafe and whether the structure
is capable of being properly repaired or whether it shall be removed
as an unsafe structure.
[Ord. 381, 5/10/2017]
The following standards shall be followed by the Board of Supervisors
in ordering the repair, vacation or demolition of an unsafe structure:
1.
If the unsafe structure can be repaired, as determined by the Board
or the Board's designee, so that it will no longer exist in violation
of the terms of this Part, it shall be ordered to be repaired.
2.
If the unsafe structure is in such condition as to make it unsafe
to the health, safety or general welfare of its occupants, it shall
be ordered to be vacated.
3.
If the unsafe structure cannot be reasonably repaired, as determined
by the Board of Supervisors or the Board's designee, it shall
be demolished, and the debris from such demolition shall be properly
disposed of in accordance with all applicable laws and regulations.
In addition, after the demolition and debris removal have been completed,
the ground disturbed by such demolition and debris removal shall be
returned to grade with clean fill, seeded and mulched.
4.
If the unsafe structure is a fire hazard or is 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, and the debris from such demolition shall be properly
disposed of in accordance with all applicable laws and regulations.
In addition, after the demolition and debris removal have been completed,
the ground disturbed by such demolition and debris removal shall be
returned to grade with clean fill, seeded and mulched.
[Ord. 381, 5/10/2017]
1.
If any structure is deemed to be an "unsafe structure" pursuant to
the standards of this Part, the Board shall forthwith cause notice
to be served upon the owner or owners of such unsafe structure as
determined by the records in the Office of the Recorder of Deeds/Assessment
Office in and for the County of Northampton, or failing to find any
owner or owners, then such notice shall be posted on the property
by the Enforcement Officer for a period of not less than 15 days and
mailed to the last known address of the property owner.
2.
The notice required by this section and posted by the Enforcement
Officer:
A.
Shall be in writing.
B.
Shall be sent by certified mail to the owner or owners of an unsafe
structure at the last known address according to the records in the
Office of the Recorder of Deeds/Assessment Office in and for the County
of Northampton.
C.
Shall include a statement of the reasons it is being issued.
D.
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure.
E.
Such notice shall identify the structure deemed unsafe, contain a
statement of the particulars which made this structure an unsafe 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.
[Ord. 381, 5/10/2017]
No person shall remove or deface the notice of an unsafe structure,
except as provided in this Part.
[Ord. 381, 5/10/2017]
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 unsafe structure, which notice is served in
accordance with this Part, shall, upon conviction before a Magisterial
District Judge of proper jurisdiction under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Every day that a person fails to
comply with any notice or order to repair, vacate or demolish any
dangerous structure shall be deemed a separate violation of this Part.
3.
Any person who wrongfully removes the notice provided for in § 10-307 of this Part shall, upon conviction before a Magisterial District Judge of proper jurisdiction under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
4.
Any person who has an ownership interest in any unsafe structure or is otherwise responsible for an unsafe structure and who fails to comply with any order to repair, vacate or demolish any unsafe structure within the time period prescribed by the notice provided for in § 10-307 of this Part, by such failure, does hereby 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 to include costs of an independent contractor, 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 together with reasonable attorney fees incurred by the Township, in a suit at law against the owner or owners. The judgment therefor shall 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 Part.
[Ord. 381, 5/10/2017]
Whenever the requirements of this Part are in conflict with
other requirements of the ordinances of the Township of Plainfield,
the most restrictive, or those imposing the highest standards, shall
govern. Privileges granted by this Part do not constitute a waiver
or impairment of the rights of the Township at law or equity now or
henceforth existing to proceed versus grantee for enforcement of the
ordinance or violation of this Part or other ordinances of the Township.
