[HISTORY: Adopted by the Board of Supervisors of the Township
of Washington 12-9-2008 by Ord.
No. 2008-03.]
This chapter shall be known as the "Dangerous or Dilapidated
Building Ordinance" of Washington Township.
All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings":
A.
Those whose interior or exterior walls or other vertical structural
members lean, list or buckle to such an extent that they are 3% or
more of their longitudinal dimension from being vertically plumb or
horizontally straight.
B.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the surrounding member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
coverings.
C.
Those which have improperly distributed loads upon the floors, roof
or walls as a result of settlement or decay in which any structural
member is overloaded or has insufficient strength to be reasonably
safe.
D.
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of Washington Township.
E.
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 sickness or disease so as to work injury to the health, morals,
safety or general welfare of those living therein.
F.
Those which have light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
G.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this Township.
The following standards shall be followed in substance by the
Township Supervisors in ordering repair, vacation or demolition:
A.
If the dangerous or dilapidated building can be repaired, it shall
be ordered repaired.
B.
If the dangerous or dilapidated building 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 cannot be reasonably
repaired, so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished.
D.
In cases where a dangerous or dilapidated building is a fire hazard
existing or erected in violation of the terms of this chapter or of
any ordinances of the Township or statute of the Commonwealth of Pennsylvania,
it shall be demolished.
All dangerous buildings within the terms of § 117-2 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Board of Supervisors of Washington Township shall:
A.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of the terms of this chapter.
B.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other person having an interest in said building as shown by the deed registration files of the Township and/or the Recorder of Deeds of the County of Jefferson of any building found by them to be a dangerous building within the standards set forth in § 117-2 of this chapter, that:
(1)
The owner must vacate, or repair or demolish said building in accordance
with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or the other persons having an interest in said
building as shown by the land records of the Recorder of Deeds of
the County of Jefferson, may at his own risk, repair, vacate or demolish
said building and shall be given such reasonable time, not exceeding
30 days, as may be necessary to do, or have done, the work or act
required by the notice provided for herein.
C.
Set forth in the notice provided for in Subsection B hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
D.
Give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the deed registration of the Recorder of Deeds of Jefferson County, to appear before the Supervisors 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 § 117-5C.
E.
Hold a hearing and hear such testimony as 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
Jefferson, shall offer relative to the dangerous building.
G.
Issue an order based upon findings of fact made pursuant to Subsection F commanding the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the deed registration file of the Recorder of Deeds of the County of Jefferson, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and providing that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records and the deed registration files of the Recorder of Deeds of the County of Jefferson, may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Township against the land upon which said dangerous building stands, as provided in Subsection I thereof.
H.
Place a notice on all dangerous buildings reading as follows: "This
building has been found to be a dangerous building by the Washington
Township Supervisors. 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 owner, occupant, lessee, mortgagee or agent
of this building and all other persons having an interest in said
building as shown by the land records of the deed registration files
of the Recorder of Deeds of the County of Jefferson. It is unlawful
to remove this notice until such notice is complied with."
I.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection G hereof, within 10 days, the Supervisors shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 117-3 of this chapter, and shall, with the assistance of the Township Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Township. The Township Supervisors shall notify the Township Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
The Supervisors of Washington Township may appoint an individual or firm to be the Building Inspector to perform the tasks as set forth in § 117-5A, B, C, D and H of this chapter, and also to testify before the Board of Supervisors of Washington Township at the hearing held in accordance with § 117-5E of this chapter.
Any person, firm or corporation who is a owner of the property deemed a dangerous building and who shall violate any provision of this chapter, including the order issued in accordance with § 117-5G of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge 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 chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
The Township Solicitor shall:
B.
Appear at all hearings before the Township Supervisors in regard
to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments or costs incurred
by the Township Supervisors in repairing, or causing to be vacated
or demolished, dangerous buildings.
D.
Take such other legal action as is necessary to carry out the terms
and provisions of this chapter.
Provisions of this chapter shall be severable and if any of
its provisions shall be held invalid or unconstitutional, the decision
of the court to this effect shall not affect or invalidate any of
the remaining provisions. It is hereby declared to be the legislative
intent of the Board of Supervisors of the Township of Washington that
this chapter would have been adopted if such illegal, invalid or unconstitutional
provisions had not been included herein.
