As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
BUILDING
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school, or similar structure.
DANGEROUS BUILDING
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
A.
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base;
B.
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members, or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or covering;
C.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used;
D.
Those which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety, or the general health and welfare
of the occupants or the public;
E.
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin-infested 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 sickness or disease, so as to work injury to
the health, safety or general welfare of those living therein;
F.
Those which have parts thereof which are so attached that they
may fall and injure property or members of the public;
G.
Those which lack illumination, ventilation or sanitation facilities
or because of another condition are unsafe, unsanitary, or dangerous
to the health, safety, or general welfare of the occupants or the
public;
H.
Those which because of their location are unsanitary or otherwise
dangerous to the health or safety of the occupants or the public;
I.
Those existing in violation of any provision of the building
code, fire prevention code, or other ordinances of the Township of
North East.
DWELLING
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
EXTERMINATION
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
GARBAGE
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
INFESTATION
Presence, within or around a dwelling, of any insects, rodents
or other pests.
OWNER
Person who, alone or jointly or severally with others:
A.
Shall have legal title to any dwelling, or dwelling unit, with
or without accompanying actual possession thereof; or
B.
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this chapter and with rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
PERSON
Any individual, firm, corporation, association or partnership,
or other legal entity.
PROPERTY
A piece, parcel, lot or tract of land.
RUBBISH
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke, and other
combustible material, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
STRUCTURE
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
VEGETATION
Any grass, weeds or vegetation whatsoever which is not planted
and maintained for some useful or ornamental purpose.
All dangerous buildings within the terms of §
100-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following are declared to be a nuisance and illegal on lots
having located thereon a structure or building constructed or intended
to be used for residential purposes:
A. Permitting the growth of grass, weeds or any vegetation which conceals
any rubbish, garbage or trash.
B. Permitting the growth of grass, weeds or any vegetation to the extent
it exceeds six inches in height within 150 feet of a residential structure.
The following standards shall be followed in substance by the
Code Enforcement Officer or, in his absence, by the Township Secretary
of North East Township in ordering repair, vacation, or demolition:
A. If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B. If the dangerous building is in such condition as to make it dangerous
to the health, safety, or general welfare of its occupants or the
public and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C. No dwelling or dwelling unit which has been placarded as unfit for
human habitation shall again be used for human habitation until written
approval is secured from, and such placard is removed by, the Code
Enforcement Officer or, in his absence, by the Township Secretary.
The Code Enforcement Officer or, in his absence, the Township Secretary
shall remove such placard whenever the defect or defects upon which
the placarding action were based have been eliminated.
D. If a dangerous building is 50% or more damaged or decayed or deteriorated
from its original condition; if a dangerous building cannot be repaired,
so that it will no longer exist in violation of the terms of this
chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any ordinance of the
North East Township or statute of the Commonwealth of Pennsylvania,
it shall be ordered to be demolished, provided the cost of repairs
to rectify or remove the conditions constituting the nuisance exceed
50% of the market value of the building at the time demolition is
proposed.
No person shall remove or deface the notice of dangerous building, except as provided in §
100-4C.
Whenever the Code Enforcement Officer or, in his absence, the
Township Secretary finds that an emergency exists which requires immediate
action to protect the public health, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as is necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Code Enforcement Officer
or, in his absence, the Township Secretary shall be afforded a hearing
as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter have been complied with,
the Code Enforcement Officer or, in his absence, the Township Secretary
shall continue such order in effect, or modify, or revoke it. The
costs of such emergency repair, vacation, or demolition of such dangerous
building shall be collected in the same manner as provided herein
for other cases.
If the owner, occupant, mortgagee, or lessee fails to comply
with the order of the Code Enforcement Officer or, in his absence,
the Township Secretary within the time specified in the notice issued
by him and no petition for a hearing is filed within 10 days thereafter,
or following a hearing by the Board of Supervisors where the order
is sustained thereby, the Township Code Enforcement Officer or, in
his absence, the Township Secretary shall cause such building or structure
to be repaired, vacated, or demolished as determined by the Board
of Supervisors in accordance with the standards hereinbefore provided.
The Township of North East may collect the cost of such repair, vacation,
or demolition, together with a penalty of 10% of such cost, in the
manner provided by law. In the alternative, upon the determination
of the Township Solicitor and in all cases in which the estimated
cost of remediation is in excess of $1,000, excepting only emergency
situations, the Township of North East may seek equitable relief in
a court of competent jurisdiction pursuant to the Rules of Civil Procedure.
[Amended 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 conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors that this chapter would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.