All buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings:
A. Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
B. Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the supporting member or members, or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or covering.
C. Those which have 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.
D. Those which have been damaged by fire, wind or other
causes as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Township of Richland.
E. 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 sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
F. Those having light, air, and sanitation facilities which
are inadequate to protect the health, morals, safety or general welfare of
human beings who live or may live therein.
G. Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
H. Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I. Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of this township.
J. Those buildings existing in violation of any provision of Chapter
240, Zoning, of this township or any other provisions of Chapter
134, Fire Prevention, or other ordinances of the township.
All dangerous buildings within the terms of §
99-1 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 any 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 the same to the Board of Supervisors, and the Board shall immediately cause an investigation and examination to be made of such building or structure by the Codes Enforcement Officer or Zoning Officer. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of §
99-1 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 structure is dangerous and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.
The Codes Enforcement Officer or Zoning Officer shall:
A. Inspect or cause to be inspected all public buildings, schools, halls, churches, theaters, hotels, taverns, commercial manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of §
99-1 of this chapter.
B. Inspect any building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure is
or may be existing in violation of this chapter.
C. Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Departments of this township
as probably existing in violation of the terms of this chapter.
D. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, of any building found by him to be a dangerous building within the standards set forth in §
99-1 of this chapter, that: the owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter; the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Cambria County, or the township records, may, at his own risk, repair, vacate or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do or have done the work or act required by the notice provided for herein.
E. Set forth in the notice provided for in Subsection
D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the 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 within such length of time, not exceeding 30 days, as is reasonable.
F. Report to the Township Supervisors any noncompliance with the notice provided for in Subsections
D and
E hereof.
G. Appear at all hearings conducted by the Township Supervisors
and testify as to the condition of dangerous buildings.
The Board of Supervisors shall:
A. Upon receipt of a report of the Codes Enforcement Officer or Zoning Officer as provided for in §
99-4F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said buildings as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, to appear before them on the date specified in the 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 Codes Enforcement Officer's or Zoning Officer's notice provided for herein in §
99-4E.
B. Hold a hearing and hear such testimony as the Codes Enforcement
Officer or Zoning Officer or the owner, occupant, mortgagee, lessee or any
other person having an interest in said building as shown by the land records
of the Recorder of Deeds of the County of Cambria, State of Pennsylvania,
shall offer relative to the dangerous building.
C. Make written findings of fact from the testimony offered pursuant to Subsection
B as to whether or not the building in question is a dangerous building within the terms of §
99-1 hereof.
D. Issue an order based upon findings of fact made pursuant to Subsection
C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Cambria, State of Pennsylvania, may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon such said dangerous building stands by the township.
Any person aggrieved may appeal to the Richland Administrative Board of Appeals any decision or interpretation of the Codes Enforcement Officer or other authorized representative of the township pursuant to the provisions of Chapter
6, Administrative Board of Appeals, as amended.
The following standards shall be followed in substance in ordering repair,
vacation or demolition:
A. If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this chapter,
it shall be ordered repaired.
B. If the dangerous building 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 building is 50% damaged
or decayed, or deteriorated from its original value or structure, it shall
be demolished, and in all cases where a building cannot be repaired so that
it will no longer exist in violation of the terms of this chapter, it shall
be demolished. In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this chapter or any ordinance of the
township or statute of the State of Pennsylvania, it shall be demolished.
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 § 99-B.
No officer, agent or employee of the Township of Richland shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Township of Richland as a result of any act required or permitted in
the discharge of his duties under this chapter shall be defended by the Township
Solicitor until final determination of the proceedings therein.