Township of West Vincent, PA Buildings, Unsafe

[HISTORY: Adopted by the Board of Supervisors of the Township of West Vincent 3-28-2011 by Ord. No. 153. Amendments noted where applicable.]

§ 132-1 Purpose.

It is the intent of this chapter to protect and preserve public safety, security, and the quiet enjoyment of abutters and neighborhoods by requiring all property owners, including lenders, trustees and service companies, to properly maintain improved, vacant properties. Properties that are not improved with any buildings or structures are exempt from the terms of this chapter (excepting that unoccupied properties containing only walls, fences or access driveways are likewise exempt from the terms of this chapter, noting that such exemption shall not serve to exempt or immunize the owner thereof from otherwise maintaining the property such that it does not cause a public nuisance or threat to the public health, safety and welfare).

§ 132-2 Definitions.

For the purposes of this chapter, any terms not explicitly defined herein shall have the meaning as ascribed by Chapter 390, Zoning; Chapter 315, Subdivision and Land Development; the Second Class Township Code; the Pennsylvania Municipalities Planning Code and the International Property Maintenance Code of 2006.

BOARD OF APPEALS

The (UCC) Uniform Construction Code Board of Appeals appointed by the Township Board of Supervisors. In the absence of a duly appointed Uniform Construction Code Board of Appeals, the Township Zoning Hearing Board shall be construed as and authorized to act in the capacity as the board of appeals.

BUILDING

Any combination of materials having a roof and enclosed with exterior walls, built as a structure for the shelter of persons or property, excluding accessory structures which are incidental to the principal structure located on the same lot.

CODE OFFICIAL

The Code Official for the Township shall be the Township Zoning Officer, the Township Code Enforcement Officer, or any other individual designated or appointed by the Township Board of Supervisors from time to time for such purposes.

DANGEROUS BUILDING

Any vacant building or improvement that has been neglected and has been allowed to deteriorate, or which is open to the weather to such an extent that it is a danger or potential danger, or any other vacant building or improvement that poses a threat to the public health, safety and welfare.

IMPROVED PROPERTY

A property on which is located any structure or building (except those properties that are only improved with walls, fences or access driveways).

OWNER

The person(s) or legal entity(ies) which has legal or equitable title to a property or building, including, but not limited to, lenders, trustees, and service companies.

PROPERTY

Any parcel, lot, tract or area of land in West Vincent Township.

UNSECURED BUILDING

Any vacant building that is accessible to unauthorized persons by means of open and/or unlocked or broken doors or windows.

VACANT PROPERTY

An improved property that is unoccupied continuously for 90 days or more, which contains an unsecured building, a dangerous building, or other improvement or condition that poses a danger to the public health, safety and welfare. A "vacant building" shall be any building situate on a vacant property.

§ 132-3 Maintenance requirements.

No owner of an improved property that is unoccupied continuously for 90 days or more shall allow any building or improvement thereon to become or remain unsecured, dangerous or a threat to the public health, safety and welfare.

Exterior surfaces. All exterior finish surfaces of any building on an improved property that is unoccupied continuously for 90 days or more shall be weathertight and in good repair and shall not have any holes, cracks or deterioration that allow water or vermin to reach any basic structural elements or to enter the interior of the building.

Exterior windows and doors. All exterior windows and doors of any building on any improved property that is unoccupied continuously for 90 days or more shall be weathertight and in good repair and functioning as originally intended and designed.

Exterior attachments. All exterior attachments to basic structural elements of any building on any improved property that is unoccupied continuously for 90 days or more, including, but not limited to, gutters, downspouts, screening, vents, antennas, tanks, awnings, canopies, marquees, signs, lighting fixtures, handrails, guardrails and utility connections, shall be in good repair.

Accessory improvements. All accessory improvements located on any improved property that is unoccupied continuously for 90 days or more, including, but not limited to, walkways, driveways, parking areas, storm drains, parking bumpers, steps, handrails, guardrails, signs, lighting fixtures, poles, fences, walls, tanks, antennas and all other freestanding or man-made structures, including but not limited to garages and sheds, shall be in good repair.

Trees and shrubs. No tree, shrub, vegetation or other obstruction on a vacant property shall block safe vision on a sidewalk, drive or street. No dead tree, fallen trees, or parts thereof on a vacant property that threaten adjacent structures or properties or persons or obstruct the public right-of-way shall be permitted.

Health and sanitation. All exterior areas of any improved property that is unoccupied continuously for 90 days or more shall be sanitary and free of trash and garbage.

Lawns and gardens. All lawns and gardens on an improved property that is unoccupied continuously for 90 days or more visible to the public shall be maintained at any vacant building. All land, premises and exterior property within 30 feet of any such building shall be maintained free from weeds or plant growth in excess of six inches in height. Weeds shall be defined as all grasses, plants and vegetation, other than trees or shrubs, provided that the term shall not include cultivated flowers and gardens. Meadow areas shall be mowed at least twice a year.

§ 132-4 Security requirements.

All owners of an improved property that is unoccupied continuously for 90 days or more are responsible for maintaining any building or improvement thereon in a secure manner so as not to be accessible to unauthorized persons.

A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child or person to access the interior of the property and/or building. Broken windows shall be secured by reglazing or replacing the window.

Any excavations, hot tubs, swimming pools or other attractive nuisances on an improved property that is unoccupied continuously for 90 days or more, other than ponds, must be filled in with dirt or other suitable material approved by the Code Official or properly closed so as to prevent hazards to people and pets.

§ 132-5 Inspections.

Subject to any legal limitations on the same, the Township of West Vincent, its Code Official, employees and contractors shall have the authority to inspect properties subject to this chapter. The Code Official shall have the authority to issue notices for any violations.

§ 132-6 Notice of violations.

If any property is in violation of this chapter, the Township Code Official may send a written notice of violation to the owner, requiring that the owner promptly secure or cause the property to be secured and/or maintained. If the owner fails to comply with any such notice of violation, the Code Official may initiate enforcement proceeding against the owner as set forth in this chapter. The failure of an owner to timely appeal a notice of violation shall constitute a waiver of the owner's ability to contest the findings set forth therein. Additionally, if the owner fails to comply with any notice of violation issued pursuant to this section, the Township may, at the owner's sole cost and expense, enter upon the property and cause it to be inspected, secured and maintained by the Township, by a contract vendor or by any reasonable means determined by the Township.

§ 132-7 Time to correct violations.

Any notice of violation shall be sent to the owner as set forth in § 132-10 below. Upon receipt of the notice, the owner shall have the following time periods in which to correct the violation(s):

(1)

Violations resulting in an immediate threat to the public health, safety and welfare shall be corrected immediately;

(2)

Not more than five days to correct a violation of the security requirements as set forth in § 132-4 above; and

(3)

Not more than 20 days for all other violations (e.g., violations of the maintenance requirements set forth in § 132-3 above).

Provided that an owner takes immediate steps to eliminate any immediate or exigent public health, safety or welfare concern, the Code Official may approve an extension of time to correct a violation when there are documented extenuating circumstances beyond the owner's control that preclude its ability to correct the violation or where the owner has made a substantial effort to commence correcting the violation(s).

§ 132-8 Enforcement and penalties.

In addition to those applicable provisions of any other Township ordinances and the Second Class Township Code, the following enforcement and penalty provisions shall apply:

This chapter may be enforced by the Township pursuant to the provisions of Section 1601 of the Second Class Township Code, 53 P.S. § 66601, as may be amended from time to time.

Each day a violation continues shall constitute a separate offense.

Failure to comply with any provision of this chapter shall be punishable by a fine of up to $300 per violation. The Township Code Official shall have the authority to enforce this provision for the purposes of this section.

The Township may bring any appropriate action before the appropriate Magisterial District Judge or other court of competent jurisdiction to recover fines, penalties, costs and expenses provided in this chapter. The Township may bring, in the Court of Common Pleas of Chester County or in any other court of competent jurisdiction, an action for mandatory or injunctive relief for the enforcement of, and to secure compliance with, this chapter. Any such action may be joined with an action to recover fines, penalties, costs and expenses provided in this chapter. In the event that legal action is necessary to enforce this chapter, the Township may seek recovery of costs and expenses, including but not limited to attorneys' fees and other costs and expenses reasonably incurred to enforce the provisions of this chapter.

The Township may enforce this chapter through any other means provided by law.

Nothing herein shall be construed to limit the right of the Township to take any other action or initiate appropriate legal proceedings against an owner or the property in response to, or in order to address, any violation hereof, including but not limited to the ability of the Township to pursue any remedies provided pursuant to the Second Class Township Code, the Blighted Property Act of 2010[1] (once in effect), or any other applicable law.

[1]

Editor's Note: See 53 Pa.C.S.A. § 6101 et seq., the Neighborhood Blight Reclamation and Revitalization Act (Act 90 of 2010, effective April 25, 2011).

Nothing herein shall be construed to limit the right of the Township to enter onto a property to abate any violations hereof or of any other applicable laws or regulations, pursuant to the same. To the extent that the Township exercises its right to do so, the owner shall be liable to the Township for all expenses incurred by the Township in securing and/or maintaining such a property. Such expenses shall constitute a municipal claim, for which a lien may be imposed against the property if not satisfied. The Township shall provide the owner with a written statement of all costs associated with inspecting, securing and maintaining the property and any administrative charges as set by the Board of Supervisors by resolution. If the owner fails to pay or reimburse the Township within 30 days of notice of the expenses, the Township may record a lien against the property for the balance due or take any other appropriate legal action. Any unpaid overdue balance shall accrue interest at 1 1/2% per month. The cost and fee shall be a debt of the property owner to the Township and may be enforced and collected in any manner provided by law. Nothing herein shall be construed to impose upon the Township any duty or obligation to exercise its authority hereunder.

§ 132-9 Appeal.

Any person aggrieved by the requirements of this chapter or the enforcement thereof (including any determination by the Code Official that a property constitutes a vacant property) may appeal to the Board of Appeals pursuant to the applicable procedural provisions of Chapter 1 of the International Property Maintenance Code of 2006, which Chapter 1 is incorporated by reference herein and made a part hereof by reference. Any such appeal must be filed within 20 days of the date of the order, notice or determination of the Code Official being appealed, failing which the appellant shall be deemed to have waived any challenge to the same. Written notice of any such appeal shall be given to all property owners within 500 feet of the boundary of the property at issue by regular mail. The appellant shall be responsible for supplying notice of such appeal to all such property owners. The Township Board of Supervisors may, by resolution, establish fees for such an appeal.

§ 132-10 Notice.

Except as explicitly provided otherwise, any notices required by this chapter shall be in writing, transmitted by hand delivery or by certified mail, return receipt requested, to the last known address of the recipient or, in the event that notice to the owner of a vacant property is returned as undelivered, the Township shall cause the notice to be conspicuously posted on the vacant property.