[HISTORY: Adopted by the Board of Commissioners (now Township
Council) of the Township of Upper Darby 7-5-1966 by Ord. No. 1906. Amendments noted where
applicable.]
Whenever it is determined, upon inspection, that the construction,
alteration, repair, lack of repair, use, occupancy, care or maintenance
of any premises, land, buildings or structures constitutes a nuisance
in fact or a menace to health or a threat to public safety the Director
of the Department of Public Works, the Chief Building Inspector, the
Fire Marshal, the Director of Health and/or Health Officer, or any
one of them, shall notify in writing the owner or occupier of said
premises, land, buildings, structures or part thereof of his determination.
If notice as aforesaid cannot be given, then a copy of the said notice
shall be posted on the premises.
At the time of the notification of determination aforesaid or
at some later time, the Director of the Department of Public Works,
the Chief Building Inspector, the Fire Marshal, the Director of Public
Health and/or Health Officer of the Township may also deliver or have
delivered a written order of abatement directed to the owner or occupier
aforesaid requiring an abatement of the condition described within
such time as may be specified in the order of abatement; said order
of abatement may provide for removal, replacement, repair, construction,
installation or any other relief deemed appropriate by the Director
of the Department of Public Works, the Chief Building Inspector, the
Fire Marshal, the Director of Health and/or Health Officer of the
Township.
In case such order of abatement is not obeyed within the time
specified therein, the Director of the Department of Public Works,
the Chief Building Inspector, the Fire Marshal, the Director of Health
and/or Health Officer of the Township may direct or engage the appropriate
Township employees or other persons to remove, correct or abate the
condition described, and the expense therefor shall be recoverable
from the owner of the premises, land, building or structure involved,
together with a penalty of 10% of such expense, in the manner provided
by law for the collection of municipal claims.
The Director of the Department of Public Works, the Chief Building
Inspector, the Fire Marshal and the Director of Public Health and/or
Health Officer of the Township or such other persons as may be designated
shall have the power to enter at any time upon any premises, land,
buildings, structures or parts thereof which the Director of the Department
of Public Works, the Chief Building Inspector, the Fire Marshal, the
Director of Public Health and/or Health Officer of the Township suspects
may constitute a nuisance in fact or a menace to health or a threat
to public safety for the purpose of examining, inspecting, correcting
or abating the same.
Whenever any of the following conditions are brought to the
attention of the Director of the Department of Public Works, the Chief
Building Inspector, the Fire Marshal, the Director of Public Health
and/or Health Officer of the Township, he shall in his discretion
proceed to see whether the order of abatement provided for in this
chapter shall be made. The following conditions are not meant to be
all-inclusive, and other conditions, although not listed herein, may
require the Director of the Department of Public Works, the Chief
Building Inspector, the Fire Marshal, the Director of Public Health
and/or the Health Officer of the Township to proceed as hereinbefore
set forth:
A. Noxious or offensive manufacture; business causing offensive odors,
noise, illuminations, smoke, or air pollution.
B. Dangerous buildings or structures.
C. Buildings damaged by reason of fire, wind or water or other cause
of negligence.
D. Improper or unsafe construction, repair or alteration, including
a building which would require boarding up for security purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Discharge or draining of harmful oils or fluids onto lands or into
streams.
F. Improper accumulation of debris, refuse, trash, garbage, manure.
G. Improper sanitation facilities, dumps or cesspools.
H. Dumping, storage of accumulation of junk.
I. Dangerous walls, excavations, holes or pits or fences.
J. Dangerous accumulation of water or other liquids.
K. Storage of business trucks, equipment or material in a residential
district.
L. Dangerous trees or limbs, high grass, or weeds.
M. Any hazardous tree limbs, branches, etc., that extend over and beyond
any Township easement and/or right-of-way must have a clearance of
12 feet from the ground.
N. Repair or painting of motor vehicles in a residential district.
O. Dangerous sidewalks, driveways and curbs.
[Added 10-1-1986 by Ord.
No. 2681]
Where the provisions of this chapter impose greater restrictions
than those of any statute, other ordinance or regulation, the provisions
of this chapter shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions
than this chapter, the provisions of such statute, ordinance or regulation
shall be controlling.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be enforced by the filing of a civil complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure. Any person, firm or corporation who violates any
building, housing, property maintenance, health, fire or public safety
code shall, upon being found liable in a civil proceeding, be ordered
to pay a penalty of not more than $1,000, plus the costs of prosecution,
plus all Township attorneys' fees incurred in the prosecution of the
civil case. Any person, firm or corporation who violates any other
ordinance shall, upon being found liable in a civil proceeding, be
ordered to pay a penalty of not more than $600, plus the costs of
prosecution, plus all Township attorneys' fees incurred in the prosecution
of the civil case. Each day that a violation continues shall constitute
a separate violation of this chapter. Each subsection of this chapter
that is violated shall constitute a separate violation of this chapter.
In addition to any remedy provided herein, the Township may
proceed for relief by a bill in equity or an action at law.