Township of Polk, PA Buildings, Dangerous

Any building or structure or part thereof used and occupied for human habitation or intended to be so used and includes any garages or other accessory buildings belonging thereto.

OCCUPANT

Any person living, sleeping, cooking, or eating in or having actual possession of any building.

OWNER

The holder of fee simple title.

§ 138-3 Nuisance defects.

Any dwelling or building which has any or all of the following defects shall be deemed to be a public nuisance:

Any dwelling or building which has been damaged by fire, wind, or other causes so as to have become dangerous to life, safety or the general health and welfare of its occupants or the public at large.

Any dwelling or building which has parts thereof which are so attached that they may fall and injure persons or property.

Any dwelling or building which has support member or members which have deteriorated to such an extent as to be unable to safely support the applied loads or which have 40% damage or deterioration of the nonsupporting enclosed or outside walls or covering.

Any vacant building which is not weathertight and whose doors and windows are not secured.

Any dwelling or building whose walls or vertical members list, lean or buckle to such an extent that there is danger of collapse.

§ 138-4 Notices; demolitions; security standards.

The Board shall give notice to the owner and occupant, if any, of any building or structure not complying with the terms of this chapter, which notice shall provide that any nuisance or dangerous structure or condition shall be demolished or abated within 10 days from service of the notice and, in default thereof, the Township shall be permitted to demolish or abate said nuisance and to collect the cost of such demolition or abatement together with such penalty as is prescribed in § 138-5 hereof. Any measure taken to correct a violation of § 138-3D must result in the building being fully secured so as not to allow entrance by children or animals.

§ 138-5 Violations and penalties.

[Amended 9-28-1998 by Ord. No. 1998-05; 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 being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 138-6 Remedies cumulative.

The Township shall be permitted to recover the cost of removal or abatement of any nuisance or dangerous condition by summary proceedings or in the manner provided for the collection of municipal claims or by an action in assumpsit without the filing of a claim. In the exercise of the powers herein conferred, the Township may institute proceedings in courts of equity. All remedies shall be cumulative.

§ 138-7 Severability.

The provisions of this chapter shall be severable and if any provision thereof shall be held to be unconstitutional, invalid or illegal by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been enacted had such unconstitutional, invalid or illegal provision not been included therein.