This chapter shall be known and may be cited as "The Polk Township
Hazardous Structure Ordinance."
As used herein, the following terms shall have the following
meanings:
BOARD
The Board of Supervisors of Polk Township, Monroe County,
Pennsylvania.
DEMOLISH
To destroy a building and to remove all debris and waste
materials from the lot on which the building stood.
DWELLING
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.
Any dwelling or building which has any or all of the following
defects shall be deemed to be a public nuisance:
A. 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.
B. Any dwelling or building which has parts thereof which are so attached
that they may fall and injure persons or property.
C. 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.
D. Any vacant building which is not weathertight and whose doors and
windows are not secured.
E. Any dwelling or building whose walls or vertical members list, lean
or buckle to such an extent that there is danger of collapse.
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.
[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.
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.
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.