[Ord. No. 48, 11/13/1984, § 1]
For the purposes of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous or dilapidated buildings
within the meaning of this Part:
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to the life, safety, morals or the
general health and welfare of the occupants of the people of this
Township.
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 accidents, sickness or disease so as to constitute a threat
to the health, morals, safety or general welfare of the citizens of
this Township.
Any building which has deteriorated to the state where it is
dangerous and unsafe for human occupancy, constitutes a fire hazard
and endangers surrounding buildings or properties, shelters rats or
other vermin or endangers the safety of children playing thereabouts.
Those which because of their general condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of this Township.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate use of his
reasonable rights of person or property.
A person owning, leasing, occupying or having charge of any
premises within the Township.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 48, 11/13/1984, § 2]
All dangerous buildings, within the terms of § 4-101 of this Part, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinafter provided.
[Ord. No. 48, 11/13/1984, § 3]
Whenever it shall be reported or come to the attention of any
Township official or police officer that any building or structure,
completed or in the process of construction, or any portion thereof,
is in a dangerous condition, such persons having knowledge thereof
shall report same to the Board of Supervisors, and the Board shall
immediately cause an investigation and examination to be made of such
a building or structure.
[Ord. No. 48, 11/13/1984, § 4]
1.
Whenever a dangerous or dilapidated building constituting a nuisance
as defined in this Part is permitted or maintained, the Board of Supervisors
shall cause written notice to be served upon the owner in one of the
following ways:
A.
By making personal delivery of the notice to the owner.
B.
By affixing a copy of the notice to the entrance way of the premises
in violation.
C.
By mailing a copy of the notice to the last known address of the
owner by certified mail.
D.
By publishing a copy of the notice in the local newspaper once a
week for three successive weeks.
E.
The Board of Supervisors shall cause to be placed on all structures
constituting a dangerous or dilapidated building a notice reading
substantially as follows:
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"This building has been found to be a dangerous building by
the Board of Supervisors of the Township of Sugarloaf. 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 the owner, occupant,
lessee, mortgagee or agent of this building. It is unlawful to remove
this notice until compliance is made under the terms contained in
the notice given to the above named party."
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2.
Such notice shall set forth in what respects such building constitutes
a nuisance and whether removal is necessary and required by the Township,
or whether the premises can be corrected by repairs, alterations or
by boarding, in some way confining and limiting the nuisance. Such
notice shall require the owner to commence action in accordance with
the terms of the notice within 21 days and thereafter to comply fully
with its terms within one year, all material to be supplied and work
done at the owner's expense; provided, however, that if the circumstances
require immediate corrective measures within the determination of
the Board of Supervisors, such notice shall require the owner to immediately
comply with the terms thereof.
[Ord. No. 48, 11/13/1984, § 5]
1.
The following standards shall be followed in substance by the Board
of Supervisors in ordering repair, vacation or demolition:
A.
If the dangerous or dilapidated building can be repaired as determined
by a committee comprised of the Township Zoning Officer and at least
one member of the Board of Supervisors, so that it will no longer
exist in violation of the terms of this Part, it shall be ordered
repaired.
B.
If the dangerous or dilapidated building or 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.
In any case where a dangerous or dilapidated building or structure
cannot reasonably be repaired as determined by a committee as provided
in Subsection 1A of this section, it shall be demolished. In cases
where a dangerous or dilapidated building or structure is a fire hazard
existing or erected in violation of the terms of this Part or any
statute of the Commonwealth of Pennsylvania, it shall be demolished.
[Ord. No. 48, 11/13/1984, § 6; as amended by A.O.]
1.
If the owner, after receive notice refuses to comply with the terms
thereof, 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2.
The Board of Supervisors may direct the removal, repairs or alterations,
as the case may be, to be done by the Township, and the cost thereof,
with a penalty of 10%, may be collected from the owner of the premises
by an action of assumpsit, or the Township may file a municipal claim
or lien therefor against such real estate.
3.
The Township, by means of a complaint in equity, may compel the owner
to do so or seek such other relief as such court is empowered to afford.
[Ord. No. 3-2004, 5/11/2004]
The Board of Supervisors of Sugarloaf Township hereby elects
to administer and enforce the provisions of the Pennsylvania Construction
Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through
7210.1103, as amended from time to time, and its regulations.
[Ord. No. 3-2004, 5/11/2004]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, is hereby adopted and
incorporated herein by reference as the municipal building code of
Sugarloaf Township.
[Ord. No. 3-2004, 5/11/2004]
1.
Administration and enforcement of the code within Sugarloaf Township
shall be undertaken in any of the following ways as determined by
the governing body of Sugarloaf Township from time to time by resolution:
A.
By the designation of an employee of Sugarloaf Township to serve
as the municipal code official to act on behalf of Sugarloaf Township;
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of Sugarloaf Township;
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement;
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Sugarloaf Township;
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous-use structures.
[Ord. No. 3-2004, 5/11/2004]
A Board of Appeals shall be established by resolution of the
governing body of Sugarloaf Township in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
[Ord. No. 3-2004, 5/11/2004]
1.
All building code ordinances or portions of ordinances which were
adopted by Sugarloaf Township on or before July 1, 1999, and which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the code, as amended from time
to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the code.
3.
All relevant ordinances, regulations and policies of Sugarloaf Township
not governed by the Code shall remain in full force and effect.
[Ord. No. 3-2004, 5/11/2004]
Fees assessable by Sugarloaf Township for the administration
and enforcement undertaken pursuant to this Part and the code shall
be established by the governing body by resolution from time to time.
[Ord. No. 3-2004, 5/11/2004]
This Part shall be effective five days after the date of passage
of this Part.
[Ord. No. 3-2004, 5/11/2004]
If any section, subsection, sentence, or clause of this Part
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this Part.
