Any activity, use of land, trade or process that is in violation
of any regulation of the Chester County Health Department, the Pennsylvania
Department of Environmental Protection or the United States Environmental
Protection Agency is specifically prohibited.
The following shall constitute a nuisance:
A. The storage or parking of more than one currently unregistered, wrecked,
junked or stripped vehicle that is not stored within an enclosed building
and is visible from the public right-of-way or an adjoining property;
B. The storage, placement or accumulation of wrecked, discarded or abandoned
machinery, equipment, household appliances, debris or waste materials
when not stored within an enclosed building and visible from the public
right-of-way or an adjoining property; and
C. Dangerous structures, as defined herein.
If the Township finds that a violation of this chapter exists,
the Township shall send an enforcement notice that complies with § 616.1(c)
of the Pennsylvania Municipalities Planning Code, or such subsequently
amended statute, and which orders correction of the violation within
30 days of such notice.
Notice shall be given by personal service or by certified mail
to:
A. The owner of record of the parcel on which the violation has occurred;
B. Any person who has filed a written request to receive enforcement
notices regarding that parcel; and
C. To any other person requested, in writing, by the owner of record
of the parcel.
Within 30 days after notice, the affected party may request
a hearing with the Supervisors by filing a written request with the
Secretary. The thirty-day period for compliance set out in this chapter
is suspended from the date of request for a hearing to the date of
the hearing.
If a hearing is not requested, the parties affected shall remedy
the violation or items on the property in accordance with the notice
and order.
On proper request, a hearing on the matter shall be held within
a reasonable time and, where more than one party is involved, it shall
be the duty of the party requesting the hearing to notify the Secretary
of the names and addresses of all other affected or interested parties.
After the hearing, the Supervisors shall affirm, withdraw or modify
the notice.
The following standards shall be followed in ordering repair,
removal or demolition of a dangerous structure:
A. If the dangerous structure can be reasonably repaired, as determined
by the Zoning Officer, in such a way that it would no longer violate
this chapter, it shall be ordered repaired.
B. If the dangerous structure cannot reasonably be repaired, as determined
by the Zoning Officer, in such a way that it would no longer violate
this chapter, it shall be vacated and demolished.
C. A dangerous structure is any structure that has any one or more of
the following defects:
(1) 25% or more (exclusive of the foundation) of damage or deterioration
of the supporting members, or 40% or more (exclusive of the foundation)
of damage or deterioration of the nonsupporting interior or outside
walls, covering or roof.
(2) 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 proposed use.
(3) Damaged by fire, wind or other causes so as to have become dangerous
to the life or safety of the occupant(s) or to others in the vicinity.
(4) Dilapidated, decayed, unsanitary or unsafe so that it is unfit for
human habitation or is likely to cause injury to occupant(s) or to
others in the vicinity.
(5) Inadequate facilities for egress in case of fire or panic, or having
insufficient stairways, fire escapes or other means of access and
egress.
(6) Parts that are so attached as may fall and injure members of the
public or cause damage to property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. If the violation shall not have been remedied within the period as
required by the order, the Township may remedy the violations and
charge the costs thereof, plus a penalty of 10%, to the real property
owner on whose property the violation is located. The cost shall,
after a proper demand and refusal or a failure to pay after 30 days,
constitute a lien on the property at such time as the Solicitor shall
thereafter file it.
B. Further, if the violation has not been remedied within the time period
as required by the Township order, the Township may file a citation
seeking a summary conviction of such violation. 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 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.