Unless otherwise specifically defined below, words or phrases
used herein shall be interpreted so as to give them the same meaning
as they have in common usage and so give this chapter its most reasonable
application consistent with its intent:
CODE ENFORCEMENT OFFICER
The Township's building code official or other designee from
the Township responsible for enforcing this chapter or other ordinances
regulating the construction and safety of structures within the Township.
DANGEROUS STRUCTURE
Any building or structure (to include house, commercial building,
mobile home, shed, barn, garage, and the like) which has any or all
of the following defects:
A.
Building or structure that has been damaged by fire, wind, or
other cause so as to fail utterly to provide the amenities essential
to decent living and is unfit for human habitation.
B.
Building or structure that has been damaged by fire, wind, or
other cause so as to have become dangerous to the life, safety, morals,
or the general health and welfare of the occupant or the people of
the Township.
C.
Building or structure which has become or is so dilapidated,
decayed, unsafe, unsanitary, or which has so utterly failed to provide
the amenities essential to decent living so that it is unfit for human
habitation.
D.
Building or structure which has become or is so dilapidated,
decayed, unsafe, unsanitary, or which has so utterly failed to provide
amenities essential to decent living and is likely to cause accidents,
sickness, or disease, so as to injure the health, morals, safety,
or general welfare of those living therein as well as other residents
of the Township.
E.
Building or structure which has parts thereof which are so attached
that they might fall and injure members of the public or adjoining
property.
F.
Building or structure which because of its general condition
is unsafe, unsanitary, or dangerous to the health, morals, safety,
or general welfare of the residents of the Township.
G.
Building or structure which is unsafe because of inadequate
means of egress, inadequate light and ventilation, fire hazard, other
dangers to human life or the public welfare, illegal or improper occupancy
or inadequate maintenance, including a vacant structure that is not
secured against entry.
TOWNSHIP
Shall be as defined in the recitals hereto.
UCC
The Uniform Construction Code, 34 Pa. Code § 401.1
et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be construed in a manner consistent with
the UCC and shall provide remedies to the Township relative to dangerous
structures in addition to those as set forth in the UCC, 34 Pa. Code
§§ 403.83 and 403.84.
The Board of Supervisors shall:
A. Upon receipt of a report in accordance with the investigation set forth in §
157-4, give written notice to the owner or owners of such dangerous structures as determined by the records in the York County Tax Assessment and/or Recorder of Deeds offices, or failing to find any owner or owners, then notice shall be given to the occupant, mortgagee, lessee, agent, or any other person found with an interest in said dangerous structure as the Township may discover, and said notice shall inform the owner or other party to appear before the Board of Supervisors on a date specified to show cause why the building or structure reported as a dangerous structure should not be repaired, demolished, or vacated in accordance with any written report to the Board of Supervisors or determination made by the Board of Supervisors. In the event that the dangerous structure is located within a mobile home park, then notice shall be given to the mobile home park owner or manager and the owner of the mobile home, if such individuals can be located.
B. Within not less than 10 days nor more than 60 days from the date
of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee, or other person having an interest in
said building or structure shall offer related to the dangerous structure.
C. Within 30 days of such hearing, make written findings of fact from
the testimony offered pursuant to the hearing as to whether or not
the building in question is a dangerous structure.
D. Within not more than 30 days following the hearing provided for by §
157-5B hereof, issue an order, based upon findings of fact made pursuant to §
157-5C hereof, demanding the owner of said building to repair, demolish, or vacate any building or structure found to be a dangerous structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following standards shall be followed in substance by the
Board of Supervisors in ordering repair, demolition, or vacation of
a dangerous structure:
A. If the dangerous structure can be repaired as determined by the Board
of Supervisors so that it will no longer exist in violation of the
terms of this chapter, it may be ordered repaired or demolished, at
the discretion of the Board of Supervisors.
B. If the dangerous structure 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. If the dangerous structure cannot be reasonably repaired as determined
by the Board of Supervisors, it shall be demolished.
D. If the dangerous structure is a fire hazard or is existing or erected
in violation of the terms of this chapter, any other ordinance of
the Township or any statute of the Commonwealth of Pennsylvania, it
shall be demolished.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any owner, occupant, or lessee who is in possession of any dangerous structure who shall fail to comply with any notice or order to repair, demolish, or vacate any dangerous structure issued under §
157-7 of this chapter or who violates any of the other provisions of this chapter shall, upon conviction of a summary offense before a Magisterial District Judge, be subject to a fine not exceeding $1,000 plus costs, including reasonable attorneys' fees, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 30 days. Each day of a violation shall be considered a separate violation and offense.
B. Any person having an interest in any building or structure who fails to comply with any notice or order to repair, demolish, or vacate any dangerous structure within 90 days of the receipt of such notice, by such failure does empower the Board of Supervisors to cause such dangerous structure to be repaired, demolished, or vacated by the Township and to cause the costs of such repair, demolition, or vacation together with a penalty of 10% to be charged upon the land upon which the building exists as a municipal lien, or alternatively to recover such costs and penalty in a suit at law against the owner or owners but failing to recover same to have a judgment therefor to be charged upon the land as a lien; and the penalty in this subsection is separate from and in addition to the fine, penalty, and costs which may be imposed by any other subsection of this §
157-8.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous structure, in addition to pursuing available remedies as set forth in the UCC 34 Pa. Code § 403.84, the Board of Supervisors shall cause the immediate repair, demolition, or vacation of such dangerous structure. The costs of such emergency repair, demolition, or vacation of such dangerous structure shall be collected as provided for in §
157-8B of this chapter.
All ordinances or parts of ordinances expressly inconsistent
herewith or dealing with the same or similar subject matter of this
chapter are expressly repealed.
This chapter shall become effective five days after date of
enactment as provided by law.