[Ord. 1976-2, 11/1/1976, § 1]
1. All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings":
A. Those which have been damaged by fire, wind or other causes so as
to have become dangerous to the life, safety, morals or the general
health and welfare of the occupants or the people of the Township
of Vernon.
B. Those which have become or are so dilapidated, decayed, unsafe, unsanitary
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
accidents, sickness or disease so as to work injury to the health,
morals, safety or general welfare of those living therein as well
as other citizens of the Township.
C. Those which have parts thereof which are so attached that they might
fall and injure members of the public or adjoining property.
D. Those which because of their general condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Township.
[Ord. 1976-2, 11/1/1976, § 2]
All dangerous buildings within the terms of §
10-201 of this Part are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
[Ord. 1976-2, 11/1/1976, § 3]
Whenever it shall be reported or come to the attention of any Township official or police officer that any building or structure, completed or in the process of construction or any portion thereof, is in a dangerous condition, such person having knowledge thereof shall report same to the Board of Supervisors and the Board shall immediately cause an investigation and examination to be made of such building or structure. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of §
10-201 of this Part, a written report of such investigation shall be submitted to the Board of Supervisors specifying the exact condition of such building or structure and setting forth whether or in what respect the structure is dangerous and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.
[Ord. 1976-2, 11/1/1976, § 4]
1. The Board of Supervisors shall:
A. Upon receipt of a report in accordance with §
10-203 of this Part, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of Crawford County to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for herein in §
10-206, Subsection
3.
B. Hold a public hearing and review the report referred to in §
10-203 above and hear such testimony as the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the dangerous building.
C. Make written findings of fact as to whether or not the building in question is a dangerous building within the terms of §
10-201.
D. Issue an order based upon findings of fact made pursuant to Subsection 1C of this section demanding the owner, occupancy, mortgagee, lessee or any other person having an interest in said building to repair, vacate or demolish any building found to be a dangerous building within the terms of this Part; the Board shall finally proceed to enforce its order in accordance with the enforcement procedures set forth in §
10-206.
[Ord. 1976-2, 11/1/1976, § 5]
1. The following standards shall be followed in substance by the Board
of Supervisors in ordering repair, vacation or demolition:
A. If the dangerous or dilapidated building can be repaired so that
it will no longer exist in violation of the terms of this Part it
shall be ordered repaired.
B. If the dangerous or dilapidated building or structure is in such
condition as to make it dangerous to the health, morals, safety or
general welfare of its occupants, it shall be ordered to be vacated.
C. In any case where a dangerous or dilapidated building or structure
cannot be reasonably repaired it shall be demolished. In cases where
a dangerous or dilapidated building or structure is a fire hazard
existing or erected or existing in violation of the terms of this
Part or any Statute of the Commonwealth of Pennsylvania or the Township
of Vernon, it shall be demolished.
[Ord. 1976-2, 11/1/1976, § 6]
1. If any structure is deemed to be a dangerous building within the standards set forth in §
10-201 of this Part, the Board of Supervisors shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the deed of registration of any such dangerous building.
2. The notice required by this Part shall be served personally upon
the owner of a dangerous building if the owner resides in the Township
or personally upon his agent if such agent resides within the Township.
If personal service as required herein cannot be obtained or if the
owner resides outside of the Township such notice shall be sent to
the owner of dangerous building by registered mail at the last known
address thereof.
3. The notice shall identify the building or structure deemed dangerous
and contain a statement of the particulars which made this building
or structure a dangerous building and an order requiring the same
to be repaired, vacated or demolished. In any case where the notice
and order prescribe 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 limits hereinafter set forth.
4. Such notice shall require any person notified to repair, vacate or
demolish any building to commence the work or act required by the
notice within 10 days of receipt of such notice and to complete such
repair removal within 30 days thereof.
5. The Board of Supervisors shall cause to be placed on all dangerous
buildings a notice reading substantially as follows:
This building has been found to be a dangerous building by the
Board of Supervisors of the Township of Vernon. This notice is to
remain on this building until it is repaired, vacated or demolished
in accordance with the notice which has been given to the owner, occupant,
lessee, mortgagee or agent of this building. It is unlawful to remove
this notice until compliance is made under the terms contained and
the notice given to the above named entity.
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[Ord. 1976-2, 11/1/1976, § 7; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
1. Penalties. Any person, firm or corporation who shall violate or permit
the violation of any provision of this Part or the owner, occupant,
mortgagee, lessee or any other person who shall fail to comply with
any notice or order to repair, vacate or demolish any such dangerous
building given by any person authorized by this Part or any order
or regulation issued thereunder, upon conviction thereof in an action
brought before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2. The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
4. District justices shall have initial jurisdiction over proceedings
brought under this section.
5. If the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the Recorder of Deeds of the County of Crawford, fails to comply with any notice or order to repair, vacate or demolish any dangerous building within 30 days, the Board of Supervisors is empowered to cause such building or structure to be repaired, vacated or demolished by the Township and to cause the costs of such repair, vacation or demolition together with a penalty of 10% to be charged against the land on which the building existed as a municipal lien or to recover such costs in a suit at law against the owner or other such person having an interest in the building; provided, the recovery of such cost and expense together with the penalty may be in addition to the penalty imposed in Subsection
1.
[Ord. 1976-2, 11/1/1976, § 8]
In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building as defined herein the Board shall cause the immediate repair, vacation or demolition of such dangerous building without following the procedures established by this Part. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided for in §
10-207, Subsection
3.