[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity 3-9-2017 by Ord. No. O-3-2017. Amendments noted where applicable.]
This chapter shall be known as the Unity Township "Nuisance
Buildings and Properties Ordinance."
A.
BUILDING
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
JUNKED VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
MUNICIPAL WASTE
NOXIOUS WEEDS
NUISANCE
NUISANCE BUILDINGS AND PROPERTIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(a)
(b)
(c)
(d)
(e)
(19)
(20)
(21)
(22)
OWNER
(1)
(2)
PERSON
PRIVATE PROPERTY
PROPERTY
PUBLIC NUISANCE
RUBBISH
STRUCTURE
WEEDS
Definitions.
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes a dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents, or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping or by any other recognized and legal pest-elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents
or other pests.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
Conditions deemed to present a hazard or danger to the public, or
which constitutes a public nuisance, shall include, but not be limited
to, vehicles exhibiting any or all of the following conditions:
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
Having excessive fluids leaking from the vehicle which may be
harmful to the public or the environment.
Having disassembled body or chassis parts stored in, on or about
the vehicle.
Vehicles that do not display a current, valid license and registration,
to the extent such are, by their condition, otherwise incapable of
operation on the highways of the commonwealth.
Motor vehicles parked, drifted, or otherwise located in a location
which may interfere with flow of pedestrian or automobile traffic
or impede emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities.
Poison ivy, poison oak, or any other vine, weed or plant
causing a common risk of infection.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Township, or causes a blighting effect in Township
neighborhoods. See also "public nuisance."
All buildings or structures, together with the exterior land,
property or premises surrounding same which have any or all of the
following conditions shall be deemed "nuisance buildings and/or properties"
for purposes of this chapter:
Those buildings or structures 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.
Those buildings or structures which, exclusive of the foundation,
show damage or deterioration to 33% of the supporting member or members
or damage or deterioration to 50% of the nonsupporting enclosing or
outside walls or covering.
Those buildings or structures 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.
Those buildings or structures which have been damaged by fire,
wind or other causes so as to be dangerous to life, safety or the
general health and welfare of the occupants or the public.
Those buildings or structures which are so damaged, dilapidated,
decayed, unsafe or unsanitary, vermin infested 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, safety or general welfare
of those living therein.
Those buildings or structures which have parts thereof which
are so attached that they may fall and injure property or members
of the public.
Those buildings or structures which lack illumination, ventilation
or sanitation facilities or, because of another condition, are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the occupants or the public.
Those buildings, structures or properties which, because of
their location, are unsanitary or otherwise dangerous to the health
or safety of the occupants or the public.
Those buildings or structures existing in violation of any provision
of the Building Code, Fire Prevention Code or other ordinances of
the Township of Unity.
Those properties whose exteriors are not maintained in a clean,
safe and sanitary condition.
Those properties upon which exists an untended or excessive
accumulation of rubbish, garbage, refuse or debris, including, but
not limited to, household furnishings, be it uncovered or under open
shelter.
Those properties upon which conditions exist to the extent that
same becomes or may reasonably become infested or inhabited by rodents,
vermin or wild animals, or may furnish a breeding place for mosquitoes
or other insects, or threatens or endangers the public health, safety,
or welfare, or may reasonably be anticipated to cause disease.
Those properties upon which conditions exist to the extent that
same would adversely affect and/or impair the economic welfare of
adjacent property.
Those properties which are not graded and/or maintained to prevent
the erosion of soil and/or to prevent the accumulation of stagnant
water thereon or within any structure located thereon.
Those properties upon which materials are placed in such a fashion
so as to facilitate the growth of weeds or increase stormwater runoff
onto adjoining properties. Stormwater detention areas and reservoirs
approved by the Code Enforcement Officer may be exempt.
Those properties with decks, porches, stairs, balconies and
any appurtenances attached thereto, which are not maintained in a
structurally sound condition, in good repair and/or without proper
anchorage capable of supporting required loads.
Those properties which are not maintained free from high grass,
weeds or other vegetation which is:
Overgrown/more than 10 inches in height; or
Infested with, or increases the likelihood of infestation by,
insects, mice, rats, raccoons, pests or other vermin; or
Affects ingress, egress and regress to the property; or
Of such a height to pose a threat to the public health, safety
and well being; and/or
Any weeds or noxious weeds as defined herein.
Those properties upon which any junked vehicle as herein defined,
or any inoperable or other motor vehicle is parked, kept or stored
on the exterior of the premises, or on Township, state or county roads,
regardless of whether same is uncovered or covered by a tarpaulin,
sheet or other similar covering; an "inoperable vehicle" for purposes
of this section shall be deemed to include, but not be limited to,
any vehicle in a state of disassembly, disrepair, stored up on jacks,
or in the process of being stripped or dismantled; provided, however,
that a vehicle undergoing routine maintenance, such as changing oil
or brakes, shall not be considered an "inoperable vehicle" for purposes
of this subsection.
Those properties which contain an accumulation of garbage, rubbish
or municipal waste as herein defined.
Those properties upon which dogs or other animals are kept, housed or maintained in violation of Chapter 40, Animals, of the Code of Unity Township.
Those properties upon which stagnant water in which flies or
other insects may multiply is located.
[Added 11-10-2022 by Ord. No. O-3-2022]
A person who, alone or jointly or severally with others,
shall have:
Some form of legal right, title or interest in any dwelling,
dwelling unit or property with or without accompanying actual possession
thereof; or
Charge, care or control of any dwelling, dwelling unit or property
as owner or agent of the owner or as executor, executrix, administrator,
administratrix or guardian of the estate of the owner, or as an occupant
thereof. Any such person representing a record or title owner shall
be bound to comply with the provisions of this chapter and with rules
and regulations adopted pursuant thereto to the same extent as if
he were the owner.
Any individual, firm, corporation, association or partnership
or other legal entity.
Any land and the improvements thereon owned by any person,
including any front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and/or
parking areas, designed or used either wholly or in part for private
residential, industrial, or commercial purposes, whether permanently
inhabited, temporarily inhabited, continuously uninhabited, or vacant,
including any yard, grounds, walk, driveway, porch, steps, vestibule,
or mailbox belonging to or appurtenant to such dwelling, house, building,
or other structure.
A piece, parcel, lot or tract of land.
Any conditions existing on a property which cause or result
in unsafe, unsanitary or disruptive conditions, create a risk of harm
to adjoining property or to the person or property of others or adversely
affects the quiet use and enjoyment of adjoining property owners.
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber, tires,
leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass crockery and dust.
Any thing constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
B.
Whenever
the words "dwelling," "dwelling unit" or "premises" are used in this
chapter, they shall be construed as though they were followed by the
words "or any part thereof."
C.
Whenever the words "property" or "premises" are used in this chapter,
such words shall be interchangeable and be construed to mean the entire
exterior of the lot or parcel of ground upon which a violation of
this chapter exists or appears to exist.
Any and/or all buildings, properties and/or structures, and any condition on the exterior of the property which have, contain or exhibit those conditions described as nuisance buildings or properties under § 43-1 of this chapter, are hereby declared to be nuisances and/or public nuisances and shall be repaired, remedied, abated, vacated or demolished as herein provided.
The following guidelines shall be generally applied by the Ordinance
Enforcement Officer of Unity Township in determining whether to order
the repair, vacation or demolition of a nuisance building or structure:
A.
If
the nuisance building or structure can reasonably be repaired so that
it will no longer exist in violation of the terms of this chapter,
it shall be ordered to be repaired;
B.
If
the nuisance building or structure is in such condition as to make
it dangerous to the health, safety or general welfare of its occupants
or the public and is so placarded, it shall be ordered to be vacated
within such length of time, not exceeding 30 days, determined by the
Ordinance Enforcement Officer as such officer may, in their sole discretion,
deem reasonable. At the time the property is closed and placarded,
no further occupancy, squatting or other form of occupation shall
be permitted, all gas, electrical and other utility services to the
property shall be shut off to reduce the risk of catastrophe, the
property shall be marked with a "Red X" to confirm the property is
vacant, unoccupied, secured and unsafe for human occupancy, and emergency
service personnel shall not be required to enter the structure on
the property to perform emergency services.
[Amended 11-10-2022 by Ord. No. O-3-2022]
C.
Any
dwelling or dwelling unit, or any building or structure occupied or
used by any person for any purpose, which has been placarded as unfit
for human habitation or occupation shall not again be used for human
habitation or occupancy until written approval is secured from, and
such placard is removed, by the Ordinance Enforcement Officer of Unity
Township. The Ordinance Enforcement Officer of Unity Township shall
remove such placard whenever the defect or defects upon which placarding
action were based have been eliminated. The removal of any placard
posted by the Ordinance Enforcement Officer shall be a violation of
this chapter and punishable consistent with its terms.
D.
If
a nuisance building or structure is 50% or more damaged or decayed
or deteriorated from its original condition; cannot be repaired so
that it will no longer exist in violation of the terms of this chapter;
or is a fire hazard existing or erected in violation of the terms
of this chapter or any ordinance of the Township of Unity or statute
of the Commonwealth of Pennsylvania, it shall be ordered to be demolished
if the cost of repairs to rectify or remove the conditions constituting
the nuisance exceed 50% of the market value of the building at the
time the repair is ordered.
A.
The
Ordinance Enforcement Officer of Unity Township shall be empowered
and is hereby empowered to view and/or inspect dwellings, buildings,
structures and/or properties on a regular basis to determine whether
any conditions exist in violation of this chapter.
B.
The
Ordinance Enforcement Officer is authorized to enter any structure
or premises at reasonable times to inspect any structure or premises
subject to constitutional restrictions on unreasonable searches and
seizures, for suspected violations of this chapter. If entry is refused
or not obtained, the Ordinance Enforcement Officer is authorized to
pursue access to the premises or property through any means provided
by law.
C.
Every
occupant of a structure or premises shall give the owner or operator
thereof, or agent or employee, access to any part of such structure
or its premises at reasonable times for the purpose of performing
such inspection, maintenance, repairs or alterations as are necessary
to comply with the provisions of this Code.
D.
The
inspection of premises, the issuance of notices, orders and the enforcement
thereof shall be the responsibility of the Ordinance Enforcement Officer
so charged by the Township. Whenever inspections are necessary by
any other department, the Ordinance Enforcement Officer shall make
reasonable effort to coordinate such inspections to minimize the number
of visits by inspectors, and to confer with the other departments
of the Township, including the Building Code Official or Building
Code Inspectors, for the purpose of eliminating conflicting orders
before any are issued. The coordination of inspections between departments
shall not, however, delay the issuance of any emergency orders.
E.
The
Ordinance Enforcement Officer shall have power as necessary in the
interest of public health, safety and general welfare, to adopt rules
and/or interpret and implement the provisions of this chapter to secure
the intent thereof and to proscribe alternative remedial action to
accommodate local climatic or other conditions. Such rules shall not
be deemed to (1) waive structural or fire performance requirements
specifically provided for in this chapter or the Pennsylvania Uniform
Construction Code or (2) violate accepted engineering practices involving
public safety. In the event any condition on a property or within
a dwelling or structure requires immediate action to abate a nuisance
the Ordinance Enforcement Officer may direct the immediate remediation
of such condition and issue a notice, effective immediately, to the
owner or other person, corporation, entity or firm responsible for
the property in the form prescribed in this chapter. The costs of
such emergency remediation shall be collected in the same manner as
provided herein for other cases.
F.
The
Ordinance Enforcement Officer may appoint such number of officers,
technical assistants, inspectors and other employees as shall be necessary
for the administration of this chapter and as authorized by the Township.
The Ordinance Enforcement Officer is authorized to designate any employee
as deputy who shall exercise all the powers of the Ordinance Enforcement
Officer during their temporary absence or disability of the Ordinance
Enforcement Officer or at the Ordinance Enforcement Officer's direction.
G.
The
Ordinance Enforcement Officer, official or any other employee charged
with the enforcement of this chapter, while acting for the Township,
shall not thereby be rendered personally liable, and is hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of any act required or permitted in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of their duties and under the provisions of this chapter
shall be defended by the legal representative of the Township until
the final termination of the proceedings. The Ordinance Enforcement
Officer or any subordinate shall not be liable for costs in any action,
suit or proceeding that is instituted in pursuance of the provisions
of this code; and any officer, acting in good faith and without malice,
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of their official
duties in connection therewith.
A.
It
shall be hereafter unlawful for any person, firm, corporation or any
other entity to erect, construct, alter, extend, repair, remove, demolish,
maintain, fail to maintain, provide, fail to provide, occupy, let
to another to occupy or permit another person to occupy any premises,
property, or structure regulated by this chapter, or cause same to
be done, contrary to, in conflict with, or in violation of any of
the provisions of this chapter, or to fail to obey a lawful order
of the Ordinance Enforcement Officer, or to remove or deface a placard
or notice posted under the provisions of this chapter.
B.
Any
person, firm, corporation or other entity who violates any term or
provision of this chapter shall be guilty of a summary offense and,
upon conviction thereof before a Court of competent jurisdiction,
be subject to a fine of not less than $500 nor more than $1,000, plus
all court costs and reasonable attorneys' fees, and, upon default
in the payment of same, be subject to the maximum period of incarceration
permitted for summary offenses. Each day that a violation continues
after a notice of violation has been served shall be deemed a separate
offense without the necessity of the issuance of a subsequent notice
and shall subject the property owner to fines for each day a violation
continues in effect. In the event a citation is issued hereunder,
each day that a violation continues after such citation is filed shall
be deemed a separate offense without the necessity of the issuance
of subsequent citations and shall subject the property owner to fines
for each day a violation continues in effect.
C.
Enforcement.
The Code Enforcement Officer may initiate any proceeding at law or
in equity to enforce the terms of this chapter. Such actions may include,
but shall not be limited to, the issuance of a noncriminal citation
directly to the owner of the property, and/or any other person, entity
or firm responsible for the property, and the immediate assessment
of a civil penalty of $50 for the violation. Such citation shall also
require the abatement of the violation and provide a time period in
which the condition on the property is to be remediated. In the event
the person, entity or firm responsible for the property fails to pay
the civil penalty and abate the violation within the time period set
forth in the noncriminal citation, the Code Officer may pursue any
of those other remedies set forth herein and hereafter without further
notice.
[Added 3-12-2020 by Ord.
No. O-4-2020[1]]
D.
In
addition to the foregoing, the Ordinance Enforcement Officer shall
have the power to institute an appropriate action or proceeding at
law to exact the penalty provided in Section B above for any act,
failure to act or action taken in violation of this chapter. In addition,
the Township may proceed with an action, at law or in equity, against
the person responsible for the violation for the purpose of ordering
or directing that person:
(1)
To restrain, correct or remove the violation or refrain from any
further alteration or work;
(2)
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure;
(3)
To require the removal of work in violation of this chapter; or
(4)
To prevent the occupancy of any structure that is not in compliance
with the provisions of this chapter; and
(5)
To abate, repair or correct conditions on the property which constitute
violations of this chapter, and to raze and/or demolish any structure
thereupon and restore the remaining property to a safe condition.
(6)
To obtain an order directing the violator to deposit financial security
with the Township in an amount estimated by the Township to abate,
repair or correct conditions on the property which constitute violations
of this chapter, and/or to raze and/or demolish any structure thereupon
and restore the remaining property to a safe condition in advance
of the Township's performance of same.
E.
The
remedies provided herein shall be cumulative. The pursuit of any one
remedy shall not be deemed or construed to preclude the Township from
pursuing any other.
F.
In
the event any person, corporation, entity or firm directed by the
Township fails to correct any violation of this chapter within any
time limitation imposed for same, then the Township may, at its discretion,
enter onto such property to correct the violation. Such corrective
action may include, but shall not be limited to, the cutting of grass,
brush or overgrown weeds and the razing of any dilapidated structure
on the premises.
G.
In
the event the Township takes any action to correct, remove or abate
any condition or violation of this chapter, and incurs any cost or
expense in doing so and/or utilizes Township resources in same, then
the Township may, at its discretion, pursue any remedy available,
at law or in equity, to recover such cost or expense and/or the value
of the Township resources utilized, together with reasonable attorneys'
fees, from the owner of the property, or any individual, firm, corporation
or entity responsible for the condition of same, including, but not
limited to, the filing of an action in assumpsit or a municipal claim
against the property. Any judgment obtained or claim entered against
the owner of the property, or any individual, firm, corporation or
entity responsible for the condition of the property, shall bear interest
at the maximum rates permitted by statute or rule of court applicable
to same.
H.
It shall be unlawful for the owner of any property, premises, dwelling
unit or structure who has received a notice, compliance order, or
upon whom a notice of violation has been served, to sell, transfer,
mortgage, lease or otherwise set off their responsibilities to another,
until the provisions of the compliance order or notice of violation
have been complied with; or:
(1)
Until
such owner furnishes to the grantee, transferee, mortgagee or lessee
a true copy of any compliance order or notice of violation issued
by the Code Officer; and
(2)
The
grantee, transferee, mortgagee or lessee, acknowledges the receipt
of such compliance order or notice of violation, acknowledging that
they accept responsibility, without condition, for making the corrections
or repairs required by such compliance order or notice of violation;
and
(3)
The
Township enters an agreement with the grantee, transferee, mortgagee
or lessee to comply with the terms of such order or notice of violation,
and to correct the conditions on the property within the time frame
established thereby.
Whenever an inspection discloses that a dwelling, building,
or structure or property has become a nuisance and/or public nuisance,
the Ordinance Enforcement Officer of Unity Township may, but is not
required to, issue a written notice to the person or persons responsible
therefore. If issued, the notice:
A.
Shall
be in writing.
B.
Shall
include a statement of the reasons it is being issued conditions on
the property found to be in violation of this chapter;
C.
Shall
state a reasonable time to rectify the conditions constituting the
nuisance or to remove and demolish the dwelling, building or structure.
D.
Shall
be served upon the owner or his agent or the occupant by first class
U.S. mail, postage prepaid, at either the property address or the
address of the property owner as same appears in the records of the
Unity Township Real Estate Tax Collector, or posted on the property
in a conspicuous location.
E.
Shall contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter and with the
rules and regulations adopted pursuant thereto. Such notice may include
the assessment, and require payment, of a fine or penalty directly
to the Township, within a defined period of time, of not more than
$50 in addition to any other action required to be taken to abate
the conditions on the property in violation of this chapter.
The Township shall have sole and exclusive discretion to determine
whether any condition on public or private property violates the terms
of this chapter, as well as the method, means and manner of enforcing
the terms of same. Nothing in this chapter, or in any action taken
or not taken by the Township in the enforcement of this chapter, shall
be deemed or construed to affect the rights of any person, corporation,
entity or firm to pursue any legal or equitable remedy available under
the laws of the Commonwealth of Pennsylvania, including, but not limited
to, those available to correct or abate private nuisances.
It is the duty of the Ordinance Enforcement Officer is to enforce
this chapter. Such Officer shall be the sole authority having jurisdiction
for all matters relating to this chapter and its enforcement. It is
also the duty of the Ordinance Enforcement Officer to interpret and
determine compliance with the terms of this chapter based on their
own investigations or upon receipt of information from others. The
Ordinance Enforcement Officer shall interpret, administer and enforce
the terms of this chapter in a fair, impartial, uniform and practicable
manner, without interference, influence, direction or demand from
any other person, entity, corporation or firm, including, but not
limited to, federal, state or local agencies and/or officials. No
Ordinance Enforcement Officer shall be subject to discharge or discipline
arising from their interpretation, administration or enforcement of
the terms of this chapter unless it be for good cause shown.
