[HISTORY: Adopted by the Board of Supervisors of the Township of
New Garden 8-10-1992 by Ord. No. 99. Amendments
noted where applicable.]
This chapter shall be known as the "New Garden Township Dangerous Structure
Ordinance."
This chapter shall apply uniformly to all persons, business organizations,
nonprofit organizations, and all other legal entities, and it shall apply
uniformly to all property and all property owners within the Township.
A.
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 as to give the chapter its most reasonable
application consistent with its intent.
B.
BOARD
DANGEROUS STRUCTURE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
PERSON
STRUCTURE
TOWNSHIP
The word "shall" is always mandatory and not merely directory.
The Board of Supervisors of New Garden Township.
Any structure which has any one or more of the following defects;
and any such structure shall be deemed a dangerous structure:
A structure whose interior walls or other vertical structural members
list, lean or buckle.
A structure which, exclusive of the foundation, shows 25% or more of
damage or deterioration of the supporting members, or 40% or more of damage
or deterioration of the nonsupporting interior or roof or outside walls or
covering.
A structure which has 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 purpose used.
A structure which has been damaged by fire, wind or other causes so
as to have become dangerous to life or safety of the occupant(s) or to others
in the vicinity.
A structure which has become or is so dilapidated, decayed, unsanitary
or unsafe that it is unfit for human habitation or is likely to cause injury
to occupant(s) or to others in the vicinity.
A structure having inadequate facilities for egress in case of fire
or panic, or those having insufficient stairways, fire escapes or other means
of access and egress.
A structure, parts of which are so attached that they may fall and injure
members of the public or cause damage to property.
Those which, because of their general condition, are unsafe, unsanitary
or dangerous to the health, safety, morals or general welfare of the people
of the Township.
A natural person, corporation, partnership, joint venture, sole proprietorship,
firm, association and any other entity of whatever type.
[Added 10-5-1998 by Ord. No. 128]
Any assembly of materials above or below the surface of the land,
and whether or not affixed to the land, including, but not limited to, buildings,
mobile homes, fences, man-made objects, dams, fills, embankments, objects,
culverts, roads and bridges.
The Township of New Garden, County of Chester, in the Commonwealth
of Pennsylvania.
C.
Words used in the present text include the future and
past; words in the plural number include the singular; words in the singular
number include the words in the plural; and words either in the feminine,
masculine or neuter shall include words of the other two genders.
A.
All dangerous structures and buildings are hereby declared
to be public nuisances and shall be repaired, removed or demolished.
B.
Each day a nuisance in the form of a dangerous structure
continues, after notice is given that said dangerous structure is to be repaired,
removed or demolished, shall constitute a separate offense in violation of
this chapter.
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 person shall report same to the Board; and the Board shall immediately
designate a Township official, Zoning Officer, employee or engineer to make
an investigation and examination of such building or structure. Such designee
shall be empowered to enter upon any property for purposes of such inspection.
If such investigation or examination indicates such building or structure
to be a dangerous structure, a written report of such investigation shall
be sent to the Board, specifying the condition of such building or structure
and whether or in what respect the structure is dangerous and whether the
structure is capable of being properly repaired or whether it should be removed
or demolished as a dangerous structure.
The Board of Supervisors of the Township shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided for hereinabove in § 64-5 of this chapter, give written notice to the owner of such dangerous structure as determined by the records available to the Township, or, failing to find any owner, then such occupant, mortgagee, lessee, agent or any other person with an interest in said dangerous structure who may be located, to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous structure should not be repaired, removed or demolished in accordance with the statement of particulars set forth in the notice provided for herein.
B.
On the date specified, which shall be not less than 10
nor more than 60 days from the date of such notice, the Board shall conduct
an informal hearing concerning the structure.
C.
Within 30 days of such hearing, issue a written determination
as to whether the structure is a dangerous structure, and, if so, whether
the building must be repaired, removed or demolished.
D.
If a finding is made that the structure is dangerous,
the written determination shall contain an order directing the owner, or other
responsible party, to repair, remove or demolish the same, as the Board may
determine.
The following standards shall be followed in substance by the Board
in ordering repair, removal or demolition of a dangerous structure:
A.
If the dangerous structure can be repaired as determined
by the Board so that it will no longer exist in violation of the terms of
this chapter, it shall be ordered repaired.
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 and demolished.
C.
If the dangerous structure cannot be reasonably repaired
as determined by the Board, it shall be vacated and demolished.
A.
If any structure is deemed to be a dangerous structure
within the standards of this chapter, the Board shall forthwith cause notice
to be served upon the owner of such dangerous structure, or, failing to find
any owner, then such occupant, mortgagee, lessee, agent or any other person
with an interest in said dangerous building who may be located.
B.
The notice required by this section shall be served personally
or by registered or certified mail upon the owner of a dangerous structure
or his agent, or personally upon his agent. Notice by mail shall be sent to
the owner of a dangerous structure by certified or registered mail at the
last known address according to the records available in the Tax Assessment
Office of Chester County.
C.
Such notice shall identify the building or structure
deemed dangerous, contain a statement of the particulars which made this building
or structure a dangerous building and include an order requiring the same
to be put in such condition as to conform with the terms of this chapter;
provided further that, in any case where the notice prescribes the repair
of any structure, the owner thereof shall have the option to remove and demolish
such structure in lieu of making the repairs thereto within the time period
provided.
D.
Such notice shall require any person notified to repair,
remove or demolish any building to commence the work or act required by the
notice within 10 days of such notice and to comply with such repair, removal
or demolition within 60 days from the receipt of such notice.
E.
The Board shall cause to be placed on all dangerous structures
a notice reading substantially as follows:
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"This building has been found to be a dangerous structure by the Board
of Supervisors of New Garden Township. This notice is to remain on this building
until it is repaired, removed or demolished in accordance with the notice
which has been given to the owner, occupant, lessee, mortgagee, or agent of
the building. It is unlawful to remove this notice until compliance is made
under the terms contained in the notice served on the above named party."
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A.
All fines provided for in this section shall be in addition
to costs.
B.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable thereof in any criminal
enforcement proceeding, pay a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees, and may be incarcerated for a period
not exceeding 90 days for each and every violation. Such fine, costs, attorneys'
fees and incarceration, after being reduced to a final, unappealed judgment,
shall be enforced by the Township pursuant to the applicable Rules of Criminal
Procedure. Each twenty-four-hour period during which failure to comply continues
shall constitute a separate violation. This remedy shall be in addition to
any other lawful remedies available to the Township.
[Amended 10-5-1998 by Ord. No. 128]
C.
Specifically, any person removing the notice provided for in § 64-8E shall, upon being found liable thereof in any criminal enforcement proceeding, pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees, and may be incarcerated for a period not exceeding 90 days for each and every violation. Such fine, costs, attorneys' fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable Rules of Criminal Procedure.[1]
D.
Any person having an interest in any building who fails
to comply with any notice or order to repair, vacate or demolish any dangerous
building within 60 days of the receipt of such notice, by such failure, does
empower the Board to cause such building or structure to be repaired, vacated,
removed or demolished by the Township and to cause the costs of such repair,
vacation or demolition 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 but failing
to recover same to have the judgment therefor to be charged upon the land
as a lien; and this subsection is separate from and in addition to the fine,
penalty and costs which may be imposed by any other subsection of this section.
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 building, the Board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected as provided for in § 64-9D of this chapter.
