[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 12-7-2009 by Ord.
No. 88. Amendments noted where applicable.]
This chapter shall be known as the "Nottingham Township's Dangerous
Building Ordinance."
The following terms, whenever used in this chapter, shall have
the meanings indicated in this section, except where the context indicates
a clearly different meaning:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage, or enclosure of persons, goods, materials,
equipment, or animals, including but not limited to, dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school, or similar structure.
An open and unoccupied space on a lot enclosed on at least
two sides by the walls of a building or buildings.
Any building, dwelling, structure or unoccupied hazard which
has any of the following defects shall be considered dangerous:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the support member(s), or damage or deterioration to 50%
of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind or other cause so
as to be dangerous to life, safety or the general health and welfare
of the occupants or the public.
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin infested, or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation,
or are likely to cause sickness or disease, so as to work injury to
the health, safety, or general welfare of those living therein.
Those which may have parts thereof which are so attached that
they may fall and injure property of members of the public.
Those which lack illumination, ventilation or sanitation facilities
or, because of another condition, are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the occupants or the public.
Those which, because of their location, are unsanitary, or otherwise
dangerous to the health or safety or the occupants or the public.
Those existing in violation of any other provision or provisions
of any other ordinances or amendments to ordinances of Nottingham
Township that pertain to health, safety and/or as may be amended that
pertain to the same.
Those existing in violation of the Uniform Construction Code
(UCC) as now in existence or as is subsequently amended, and any ordinances
of Nottingham Township as now in existence and/or may be amended that
pertain to the same.
Any structure, including but not limited to a mobile home,
initially constructed and/or subsequently remodeled or altered with
the intention of providing human occupancy.
A room or group of rooms located within any dwelling and
forming a single habitable unit with facilities for living, sleeping,
cooking, and eating.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises, or parcel of land, with or without
improvements thereto.
A person, corporation or legal entity who, alone or jointly
or severally with others:
Has title to a structure, either with or without possession
of the structure; or
Has charge, care or control of a structure, either as agent
of the owner or as administrator, administratix, executor, executrix,
or guardian of the estate of the owner, or trustee; or
Is the lessee of the structure where the structure is a two-family
structure, multiple structure or rooming house.
A natural person, corporation, partnership, association or
any other identifiable legal entity.
The ground, yard, lawn or court, or the private way, walk,
alley or approach used or intended to be used in connection with a
dwelling, building or the like.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin can, metals, mineral matter, glass
crockery and dust.
Any building or part thereof or man-made structure which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work as been performed for a period of more than six months.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
All dangerous buildings within the terms of § 123-2 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
The following standards shall be followed in substance by the
Enforcement Office of Nottingham Township, Zoning Officer of the Township,
and/or such other person as designated by the Board of Supervisors
of Nottingham Township by resolution in ordering the repair, vacation
or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.
If a dangerous building is in such condition as to make it dangerous
to the health, safety, or general welfare of its occupants or the
public and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, or as is otherwise reasonable.
C.
No structure or structure unit which has been placarded as unfit
for human habitation shall again be used for human habitation until
written approval is secured from and such placard is removed by the
official designated by the Board of Supervisors to enforce this chapter.
The person designated to enforce this chapter shall remove such placard
whenever the defect(s) upon which the placarding action were based
have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed, or deteriorated
from its original condition; if a dangerous building cannot be repaired
so that it will no longer exist in violation of the terms of this
chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any other ordinance of
Nottingham Township or statute of the Commonwealth of Pennsylvania,
it shall be ordered to be demolished, provided, the cost of repairs
to rectify or remove the conditions constituting the nuisance exceed
50% of the market value of the building as established by the Washington
County Board of Assessment at the time demolition is proposed.
A.
The Enforcement Officer, Zoning Officer, police officer or person designated by resolution of the Board of Supervisors to enforce this chapter shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist that render such premises dangerous within the terms of § 123-2 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the enforcing officer shall issue a
written notice to the person(s) responsible therefore. The notice:
(1)
Shall be in writing;
(2)
Shall include statement of the reasons it is being issued;
(3)
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure;
(4)
Shall be served upon the owner, or his agent or the occupant, as
the case may require.
(a)
Except in emergency cases and where the owner, occupant, lessee,
or mortgagee is absent from the municipality of Nottingham Township,
all notices shall be deemed to be properly served upon the owner,
occupant, or other person having an interest in the dangerous building
or structure, if a copy thereof is served upon him personally, or
if a copy thereof is posted in an conspicuous place in or about the
structure affected by the notice; or if he is served with such notice
by other method authorized or required under the laws of this Commonwealth.
(b)
Except emergency cases, and all other cases where the owner,
occupant, lessee, or mortgagee is absent from the Township, all notices
or orders provided for herein shall be sent by registered mail to
the owner, occupant, and all other persons having an interest in said
structure, as shown by the records of the County Recorder of Deeds,
to the last-known address of each, and a copy of such notice shall
be posted in a conspicuous place on the dangerous building to which
it relates. Such mailing and posting shall be deemed adequate service.
(5)
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant hereto.
C.
Appear at all hearings conducted by Nottingham Township Board of
Supervisors and/or any and all other hearings as may be held under
the circumstances and testify as to the condition of dangerous buildings
or structures.
D.
Enforce this chapter in accordance with its regulations and amendments
and supplements thereto.
E.
File any and all actions, citations, criminal complaints and the
like that are deemed necessary and appropriate under the circumstance
for purposes of obtaining the compliance and/or enforcement and to
do so in the name of and on behalf of the Township of Nottingham.
A.
Any person affected by a notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing on the matter before the Board of Supervisors,
provided that such person shall file with the Township a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the date the notice was served
or posted. Upon receipt of such petition, the Board of Supervisors
of Nottingham Township shall set a time and place for such hearing
which may be held at a regularly scheduled public meeting and shall
give the petitioner written notice of the date, time and place thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 30 days after the date
in which the petition was filed. Furthermore, the person requesting
said hearing shall be required prior to the date and time of said
hearing to tender a fee or payment equal to the amount of the costs
of advertising the same. Fees shall be established from time to time
by resolution of the Township Supervisors. The Board of Supervisors,
by and through its Secretary, shall notify said applicant of the amount
of said fee or cost as soon as possible under the circumstances. Failure
of the Township to notify the applicant of the costs and/or fee prior
to the date of the hearing shall absolve the applicant or person requesting
said hearing from paying the same.
B.
The appearance fee for a stenographer shall be paid by the applicant/petitioner.
Any party requesting the original transcript shall bear the cost thereof.
C.
After such hearing, the Board of Supervisors shall sustain, modify,
or withdraw the notice. If the Board of Supervisors sustains or modifies
such notice, it shall be deemed a final decision and an order. Any
notice served pursuant to this section shall automatically become
an order if written petition for a hearing is not filed within 10
days after such notice is served or if the advertising fee or costs
are not paid by the date of hearing.
D.
Any aggrieved party may appeal the final order to the Court of Common
Pleas of Washington County in accordance with the provisions of the
rules of court and/or the rules of civil procedure.
No person shall remove or deface the notice of dangerous building or other notice except as otherwise provided in § 123-4.
Whenever the official designated to enforce this chapter or
Board of Supervisors finds that an emergency exists which requires
immediate action to protect public health, he, she or it may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as is necessary
to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately. Any person to
whom such an order is directed shall comply therewith immediately,
but upon petition to the Board of Supervisors shall be afforded a
hearing as soon as possible. After such hearing, depending upon the
findings as to whether the provisions of this chapter have been compiled
with, the Board of Supervisors shall continue such order in effect
or modify or revoke it. The cost of such emergency repair, vacation
or demolition of such dangerous building, structure or condition shall
be collected in the same manner as provided herein for other cases.
If the owner, occupant, mortgagee and/or person responsible
for the building, structure or condition fails to comply with the
order of enforcement within the time specified in the notice issued
by the appropriate Township official or Board of Supervisors, the
person designated with the authority to enforce this chapter or Board
of Supervisors may cause such building, structure or condition to
be repaired, vacated or demolished, as the facts may warrant, under
the standards hereinbefore provided. The Board of Supervisors may
collect the cost of such repair, vacation or demolition together with
a penalty of 10% of such cost in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
This chapter shall be enforced in conjunction with any and all
other ordinances of Nottingham Township pertaining to health, safety
and the general welfare.
If any sentence, clause or section or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provision, sentences, clauses, or sections
of this chapter. It is hereby declared as the intent of the Board
of Supervisors of Nottingham Township that it would have adopted the
same had such unconstitutional, illegal or invalid sentence, clause
or part thereof not been included therein.
