[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 9-11-2017 by Ord. No.
2017-239. Amendments noted where applicable.]
This ordinance shall be known as and may be cited as "Carroll
Township Dangerous Structure Ordinance."
This ordinance shall apply uniformly to all persons, business
organizations, nonprofit organizations, and all other legal entities;
and, it shall apply uniformly to all property (real or personal) and
all property owners within Carroll Township.
A.
BOARD
DANGEROUS STRUCTURE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
SHALL
STRUCTURE
TOWNSHIP
TOWNSHIP OFFICIAL
VACATION
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 the ordinance is most
reasonable application consistent with its intent. It shall be interpreted
to allow for the maximum protection for the health, safety, peace
and general welfare for the community.
The Board of Supervisors of Carroll Township (also herein
referred to as "Township").
All buildings or structures, including but not limited to:
residences, dwellings, garages, assembled structures, outhouses, barns,
pools, decks, commercial buildings, cabins, silos, stables, kennels,
well houses, car washes, stores, offices, restaurants, warehouses,
condominiums, cemeteries, and industrial buildings, which has one
or more of the following defects:
Those structures meant for human residence and
occupation, which have been damaged by fire, flooding, wind, earthquakes,
rot, or other cause or act of God that make the Dangerous Structure
unfit for human habitation, thus the Dangerous Structure has breached
the implied warranty of habitability for the said property.
Those which have been damaged by fire, wind,
or other cause so as to have become dangerous to the life and safety,
peace 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 so utterly 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 so utterly fail to provide the
amenities essential to decent living are likely to cause accidents,
sickness, or disease, so as to present an injury to the health, peace,
safety, or general welfare of the people of the Township;
Those which have parts thereof which might fall
and injure members of the public or cause damage to adjoining property;
or
Those which because of their general condition
are unsafe, unsanitary or dangerous to the health, peace, safety or
general welfare of the people of the Township.
Those which have become an attractive nuisance
for children that put a child or children in danger, including but
not limited: risk of bodily harm, drowning, impalement, and falling
into a well or hole.
Those which become abandoned structures or substantially
abandoned, and whereby the structure is utilized as an opium or other
illicit drug den, place for usage of illegal substances or the sale
thereof, or a place for underage alcohol consumption.
Those which become premises with an accumulation
of trash and debris, or a haven for vermin or insects which may transfer
disease, including but not limited to: West Nile Virus, Rabies, Zika,
Encephalitis, Lyme, Histoplasmosis, Avian Flu, Lymphocytic Chorio-Meningitis
(LCM), Hantavirus Pulmonary Syndrome (HPS).
Those which have environmental contamination
or hazardous conditions that are not being addressed or properly maintained,
contained and/or appropriate barriers to prevents trespass, to protect
children and/or people of the Township.
Those which are abandoned or not maintained,
which presents a danger for fire, flooding, blocking flow of water,
environmental pollution, spread of disease or illness, or magnet to
crime.
Always mandatory and not merely directory.
Any man-made object having an ascertainable location on or
in land or water whether or not affixed to land.
The Township of Carroll, County of York in the Commonwealth
of Pennsylvania.
Person or persons designated or appointed by the Board of
Supervisors as agent or authorized representative.
The action of leaving something one previously occupied;
to vacate the Dangerous Structure.
B.
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.
A.
Properties subject to these Sections shall be maintained
in a secure manner so as not to be accessible to unauthorized persons.
B.
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 to access the interior of the property
or structure. Broken windows, doors, gates and other openings of such
size that may allow a child to access the interior of the property
or structure must be repaired. Broken windows shall be secured by
re-glazing of the window.
A.
All Dangerous Structures are hereby declared to be public
nuisances and shall be repaired, vacated or demolished.
B.
Each day a nuisance in the form of a Dangerous Structure
continues, after notice is given pursuant to Section 8 of this ordinance
that said Dangerous Structure is to be repaired, vacated or demolished,
shall continue a separate offense in violation of this ordinance.
A.
Anyone reporting a Dangerous Structure to the Township
shall do so by written letter signed by the complainant, identifying
the property in question and briefly explaining the nature of the
dangerous structure or by filling out a Township Complaint Form and
submitting it to the Township Office, or by oral presentation at a
Board of Supervisors Meeting during the Public Comment period. Upon
receipt of the Complaint it will be given to the Township Zoning Officer,
or Township Official who will conduct a preliminary investigation
and present the complaint to the Board for action.
B.
The investigative person(s), constable or Township Official
shall be able to enter upon the land to conduct the initial investigation
and any subsequent investigations related to the Dangerous Structure,
these intrusions shall not constitute trespass.
C.
The Board shall designate a construction code official,
Township Official or independent contractor to conduct an on-site
investigation or examination, accompanied by a Pennsylvania certified
constable, and issue a written report of such investigation, which
shall be submitted to the Board, specifying the exact condition of
such structure and setting forth whether or in which 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.
If the written report establishes that the structure is a Dangerous
Structure, the costs of such report and the costs of the constable's
service shall be the responsibility of the owner and shall be recovered
in accordance with Section 9, Penalties.
D.
Upon receipt of a report in accordance with the investigation
procedure provided hereinabove in Section 6 of this Ordinance, the
Township shall give written notice to the owner or owners of such
Dangerous Structure as determined by the records in the County assessment
and Recorder of Deeds offices in and for York County, in the Commonwealth
of Pennsylvania, or failing to find any owner or owners, then notice
shall be given to the occupant, mortgagee, lessee, agent or any other
person found with an interest in said Dangerous Structure as the Township
may discover, and said notice shall inform the owner or other party
to appear before the Board on a date specified to show cause why the
building or structure reported as a Dangerous Structure should not
be repaired, demolished or vacated in accordance with any written
report to Board or determination made by the Board.
(1)
Within not less than 10 days nor more than 30 days
from the date of such notice, hold a hearing and hear such testimony
as the owner, occupant, mortgagee, lessee or other person having an
interest in said Dangerous Structure shall offer related to the Dangerous
Structure.
(2)
Within 30 days of such Board hearing, the Board shall
make written findings of fact from the testimony offered pursuant
to the hearing as to whether or not the building or structure in question
is a Dangerous Structure, and hereof, issue an order, based upon findings
of fact and if appropriate demand the owner of said Dangerous Structure
to repair, demolish or vacate any Dangerous Structure.
The following standards shall be followed by the Board in ordering
the repair, vacation or demolition of a Dangerous Structure:
A.
If the Dangerous Structure can be reasonably repaired as
determined by the Board so that it will no longer exist in violation
of the terms of this ordinance, it shall be ordered to be repaired.
B.
If the Dangerous Structure is in such condition as to make
it dangerous to the health, peace, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C.
If the Dangerous Structure cannot be reasonably repaired
as determined by the Board, 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 stabilized from eroding.
D.
If the Dangerous Structure is a fire or flood hazard or
is existing or erected in violation of the terms of this ordinance,
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 stabilized
from eroding.
A.
Such Order from the Board Hearing in Section 6 shall require
any person notified to repair, vacate or demolish any structure to
commence the work or act required by the notice within 10 days of
such notice and to comply with such repair, vacation, or demolition
within 60 days from the receipt of such notice.
B.
All cost associated with the Board Hearing if repair, vacation
or demolition is Ordered shall be the responsibility of the owner,
including attorney fees, and if not paid shall constitute a municipal
lien against the property.
C.
All costs of repair, vacation and demolition, shall be
the responsibility of the owner, and if not paid, shall constitute
a municipal lien against the property.
A.
All fines provided for in this section shall be in addition
to costs.
B.
Any person who shall fail to comply with any notice or
order to repair, vacate, or demolish any Dangerous Structure, which
notice is served in accordance with this ordinance shall, upon conviction
as a summary offense before a Magisterial District Judge, shall be
subject to a fine of $1,000, and in default of payment of the fine
and costs shall be subject to imprisonment for a period not to exceed
90 days. Every day that a person fails to comply with any notice or
orders to repair, vacate or demolish any Dangerous Structure shall
be deemed a separate violation of this ordinance.
C.
Any person having an interest in any structure who fails
to comply with any notice or order to repair, vacate or demolish any
Dangerous Structure within 60 days of the receipt of such notice,
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, but failing to recover same, the
judgement therefore shall be charged upon the land as a lien; and,
this subsection is separate from an in addition to the fine, penalty,
and costs which may be imposed by any other subsection of this ordinance.
It is hereby declared to be the intention of the Board of Supervisors
of the Township of Carroll that several provisions of this Ordinance
are separable. If any Court of competent jurisdiction shall declare
any words, sentences, sections or provisions of the Ordinance to be
invalid, such a ruling shall not affect any other words, sentences,
sections or provisions of this Ordinance not specifically included
in said ruling.
In cases where it reasonably appears that there exists an immediate
danger to the life or safety of any person caused or created by a
Dangerous Structure the Board shall cause the immediate repair, vacation
or demolition of such Dangerous Structure. The costs of such emergency
repair, vacation or demolition of such Dangerous Structure and shall
be collected as provided for in Section 9 C. of this Ordinance from
the property owner.
