[HISTORY: Adopted by the Board of Supervisors of the Township
of Hopewell 8-10-2020 by Ord. No.
02-2020. Amendments noted where applicable.]
This chapter shall be known as the "Hopewell Township Unsafe
Structure Ordinance of 2020."
For purposes of this chapter, the following definitions apply:
The owner of record of the premises in fee or lesser estate
therein, a mortgage or vendee in possession, assignee of the rents,
receiver, executor, administrator, trustee, lessee or other person,
firm or corporation in control of a building, or his authorized agent.
Any fence, wall, garage, shed, house, building, structure,
tree, pole, smokestack or any excavation, basement, cellar, well,
cistern, or sidewalk subspace or part thereof, if the condition in
which the same is permitted to be or remain, endangers the health,
life, limb or property, or causes any hurt, harm, inconvenience, discomfort,
damage or injury in any one or more persons in the Township in any
one or more of the following particulars:
By reason of being detrimental to the general health of the
community.
By reason of being a fire hazard.
By reason of being unsafe for occupancy, or use on, in, upon,
about or around the premises.
By reason of inadequate maintenance, dilapidation or obsolescence.
By reason of continued vacancy, thereby resulting in a lack
of reasonable or adequate maintenance of structures and grounds and
causing deterioration and a blighting influence on nearby properties
and, thereby, depreciating the enjoyment and use of the property in
the immediate vicinity to such an extent that it is harmful to the
community in which the structure is situated.
No owner of a building or other structure within the boundaries
of the Township shall permit the same to remain in such an advanced
state of disrepair as to endanger the health, safety, and welfare
of the residents of the community or so as to be a public nuisance
by reason of its condition.
The Code Enforcement Officer shall examine or cause to be examined every building or structure or portion thereof reported as or believed to be unsafe as defined in § 279-2 hereof and shall have free access at any reasonable hour, upon obtaining a search warrant when a building is occupied, to make inspection, including the right to photograph the premises, examinations, and right to survey any building, dwelling or other structure located within the Township where he has probable cause to believe the building, dwelling or other structure is unsafe or insecure and thereby dangerous to the residents of the Township.
A.
Upon a determination by the Code Enforcement Officer that any building, dwelling or other structure is in such an advanced state of disrepair by reason of defective or inadequate plumbing or sanitary facilities; faulty or defective electric wiring; accumulation of debris, filth, rubbish or garbage; general deterioration in the structure by reason of age, neglect, exposure to the elements or vandalism; failure of the exterior enclosure causing exposure to the elements; general deterioration of the structure; partial damage to the structure by reason of fire, windstorm or other calamity; or by reason of deterioration or damage to the foundation, so as to endanger the health, safety and welfare of the public and is therefore a public nuisance, he shall direct the owner of such building, dwelling or other structure, in writing, by certified mail at the last-known address of the owner, to effect the repairs necessary to put the building, dwelling or other structure in a reasonable, safe condition, or, if the same to be deteriorated so as to make repair impossible or unfeasible, to remove the same; and, if the owner is unknown or cannot be located, by publishing such notice in a newspaper of general circulation in the community at least twice a week for two consecutive weeks. Such notice shall require the owner of such structure to complete the repair or removal of the structure, as the case may be, within 60 days of the receipt of such notice or last publication of the same. No repairs shall be made unless all requirements of the Building Code and/or Chapter 320, Zoning, of the Township are complied with.
B.
After the Code Enforcement Officer determines that the building is
in a place of disrepair as set forth in this chapter, then the owner
shall place a fence around the structure in order to accommodate a
collapse zone. It will be incumbent upon the owner, if necessary,
to obtain an easement from the adjoining property owner that cost
may be.
Within 60 days after receipt of such notice or the last publication of the same in a newspaper, as provided in § 279-5, the owner may appeal a finding by the Building Inspector that any such building, dwelling or other structure is in such an advanced state of disrepair as to endanger the health, safety and welfare of the public, by notifying the Board of Supervisors, in writing, of his intention to do so. The Board of Supervisors shall act as the Appeal Board.
Upon receipt of a written appeal as provided in § 279-6, the Board of Supervisors shall set the matter down for hearing within 30 days after receiving notice of said appeal, and the owner shall have the opportunity to appear before the Board of Supervisors and to present evidence that the building or other structure is not in such an advanced state of disrepair for any reason set forth in § 279-6 as to endanger the health, safety and welfare of the public, and therefore is not a public nuisance.
If no appeal is filed from the finding of the Code Enforcement Officer within a sixty-day period, or if the Board of Supervisors affirms the findings of the Code Enforcement Officer and determines the building or other structure involved is a public nuisance, the Board of Supervisors shall order the Township Secretary/Treasurer to advertise for bids for the repair or removal of the building, dwelling or other structure as the case may be, in accordance with law, unless the owner has commenced or completed the repair or removal of the same, in accordance with the requirement of the Building Code and/or Chapter 320, Zoning. In the event that the Board of Supervisors is appraised that the owner has appealed its decision to the Court of Common Pleas or any other court having jurisdiction of such appeal, the matter will be held in abeyance until further order of the Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the owner of any dangerous structure, to whom or which a
notice to repair or remove such structure shall be sent under the
provisions of this chapter, fails to commence or to complete such
repair or removal within the time limit prescribed by such notice,
he shall be guilty of a violation of this chapter, and, 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.
If the owner of any dangerous structure to whom or which a notice to repair or remove such structure shall be sent under the provisions of this chapter fails to commence or to complete such repair or removal within the time prescribed by such notice, the Township shall proceed with the repair or removal of the same as set forth in § 279-8 hereof, and all charges, costs and expenses arising out of or connected with the demolition and removal of any unsafe building or other structure pursuant to this chapter, with a penalty of 10%, shall be paid by the owner of the premises upon which any such building, dwelling or other structure is situated, within 90 days after the demolition or removal thereof as provided in this chapter, and, if not paid within the ninety-day period, shall be collected in the manner provided by law for the collection of municipal claims, or by an action in assumpsit or may seek relief by bill in equity, provided that the recovery of such cost and expenses, together with the penalty, may be in addition to the penalty imposed as provided in § 279-9 of this chapter.
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
Township 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.
This chapter shall become effective immediately.
