[HISTORY: Adopted by the Board of Supervisors of the Township of
Kidder 8-14-1979 by Ord. No. 32. Amendments
noted where applicable.]
All buildings or structures which have any or all of the following defects
shall be deemed as "dangerous buildings:"
A.
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 or other people of Kidder Township.
B.
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 work injury to the health,
morals, safety or general welfare of those living therein, as well as other
citizens of the Township.
C.
Those which have parts thereof which are so attached
that they might fall and injure members of the public or adjoining property.
D.
Those which because of their general condition are unsafe,
unsanitary, or dangerous to the health, morals, safety or general welfare
of the people of the Township.
All dangerous buildings within the terms of § 71-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
Whenever it shall be reported or come to the attention of any Township official or police officer that a building or structure, completed or in the process of construction, or any portion thereof is in a dangerous condition, such person 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 building or structure. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of § 71-1 of this chapter, a written report of such investigation shall be submitted to the Board of Supervisors, specifying the exact condition of such building or structure, and setting forth whether or in what respect the building or structure is dangerous and whether such building or structure is capable of being properly repaired or whether it shall be removed as a dangerous building.
The Board of Supervisors shall:
A.
Upon receipt of a report, in accordance with § 71-3 of this chapter, give written notice to the owner, as shown by the land records in the office of the Recorder of Deeds of Carbon County, and such other persons found to occupy the building or structure in question, to appear before the Board of Supervisors on the date specified in the above-mentioned notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished, in accordance with the statement of particulars set forth in the notice provided for herein, in Subsection C of § 71-4.
B.
Hold a hearing and hear such testimony as the owner,
occupant or any other person having an interest in said building shall offer
relative to the dangerous building.
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 reasonably
repaired, as determined by a committee, composed of the 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 chapter, 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 be reasonably repaired, as determined by a Committee, as provided in Subsection A 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 chapter or any Statute of the Commonwealth of Pennsylvania, it shall be demolished.
A.
If any structure is deemed to be a dangerous building within the standards set forth in § 71-1 of this chapter, the Board of Supervisors shall forthwith cause written notice to be served upon the owner of record, occupant or others known to have an interest, as shown by the land records in the office of the Recorder of Deeds of Carbon County.
B.
The notice required by this section shall be served personally
upon the owner of a dangerous building if the owner resides in the Township,
or personally upon his agent if such agent resides within the Township. If
personal service, as required herein, cannot be obtained, or if the owner
resides outside of the Township, such notice shall be sent to the owner of
a dangerous building by registered mail or certified mail, at the last known
address thereof.
C.
The notice shall identify the building or structure deemed
dangerous and contain a statement of the particulars which made this building
or structure a dangerous building and an order requiring the same to be put
in such condition as to comply with the terms of this chapter; provided in
any case where the notice prescribed the repair of any structure, the owner
thereof shall have the option to remove such structure in lieu of making the
repairs thereto within the above time limits.
D.
Such notice shall require any person notified to repair,
vacate or demolish any building to commence the work or act required by the
notice within 10 days of such notice and a complete such repair, or removal
within 30 days the thereof.
E.
The Board of Supervisors shall cause to be placed on
all dangerous buildings 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 Kidder Township. 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, or other person having an interest
in 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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A.
Any person who violates or permits a violation of this
chapter shall, upon conviction in a summary proceeding brought before a District
Justice 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. Penalties contained
in this chapter are in addition to any remedies provided by this chapter.
B.
Any person removing the notice provided for in § 71-6E hereof shall, upon conviction in a summary proceeding brought before a District Justice 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.
C.
If the owner, or any other person having an interest in said building, as shown by the land records of the Recorder of Deeds of Carbon County, fails to comply with any notice or order to repair, vacate or demolish any dangerous building within 30 days, the Board of Supervisors is empowered to cause such building or structure to be repaired, vacated or demolished by the Township and to cause the costs of such repair, vacation or demolition, together with a penalty of 5% or $50, whichever is less, charged against the land on which the building existed as a municipal lien or to recover such costs in a suit at law against the owner or other such person having an interest in the building, provided the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed in Subsections A and B of this section.
In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building as defined herein, 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 in the same manner as provided for in Subsection C in § 71-7.
