[Adopted 7-13-1989 by Ord. No. 1661]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BUILDING
A structure resting on its own foundation.
DANGEROUS BUILDING
All buildings, dwellings or dwelling units which have any or all of the following defects shall be deemed a "dangerous building" and constitute a threat to the health, safety or welfare of the public:
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. 
C. 
Those 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.
D. 
E. 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength so as to be structurally safe for the purposed use.
F. 
G. 
Those which have been damaged by fire, wind or other causes so as to be dangerous to life, safety or the general welfare of the occupants or the public.
H. 
I. 
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary or vermin-infested so as to be 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.
J. 
K. 
Those which have parts thereof which are so attached that they may fall and injure property or members of the public.
L. 
M. 
Those 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.
N. 
O. 
Those which, because of their locations, are unsanitary or otherwise dangerous to the health, safety or welfare of the occupants or the public.
P. 
Q. 
Those existing in violation of any provision of the Building Code, Fire Prevention Code or other ordinances of the Township of Abington or which by reason of an illegal use or occupancy shall be deemed dangerous to life and health.
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
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. Whenever the words "dwelling" or "dwelling unit" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."
OWNER
A person who, alone or jointly or severally with others, shall have legal title to any dwelling, dwelling unit or structure as owner or agent of the owner or as executor, executrix, administrator, administratrix or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and, with rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
Any individual, firm, corporation, association or partnership or other legal entity.
All dangerous buildings within the terms of § 62-4 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
The following guidelines shall be followed by the Code Enforcement Officer of the Township of Abington 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 article, it shall be ordered to be repaired.
B. 
If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants and is so placarded, it shall be ordered to be vacated within such length of time, not exceeding 30 days, as is reasonable.
C. 
No dwelling or dwelling unit which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Code Enforcement Officer. The Code Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action was based have been corrected so as to comply with the requirements of the Code of the Township of Abington.
D. 
If a dangerous building is 50% or more damaged or decayed or deteriorated from its original condition so as to be structurally unsound or if a dangerous building cannot be repaired so that it will no longer exist in violation of the terms of this chapter or any ordinance of the Township of Abington or statute of the Commonwealth of Pennsylvania and is in impending danger of collapse, it shall be ordered to be demolished.
A. 
The Code Enforcement Officer shall inspect on a regular basis dwellings and buildings to determine whether any conditions exist which render such premises as dangerous buildings within the terms of § 62-4 above.
B. 
Whenever an inspection discloses that a building is dangerous and thus has become a public nuisance, the Code Enforcement Officer shall issue a written notice to the owner, agent of the owner or occupant of such dwelling or building. The notice:
(1) 
Shall be in writing.
(2) 
Shall include a statement of the reasons it is being issued.
(3) 
Shall state a reasonable time to rectify the conditions constituting the nuisance or to remove and demolish the building.
(4) 
May contain an outline of the remedial action required on the dwelling or building.
(5) 
Shall state that all work to be performed on the building shall be in conformance with the requirements of the Code of the Township of Abington.
(6) 
Shall state that failure to rectify the conditions constituting the nuisance within the time specified shall constitute a violation of this article and shall enable the Township of Abington to take the necessary remedial action of repair, removal or demolition and collect the cost of such action from the owner, agent of the owner or occupant of the dangerous building as provided by law for the recovery of municipal claims.
(7) 
Shall be served upon the owner, agent of owner or occupant.
(a) 
Except in emergency cases, all notices shall be deemed to be properly served upon the owner if a copy thereof is served upon that person individually or sent by registered mail to the last known address and if a copy thereof is posted in a conspicuous place in or about the dwelling or building affected by the notice.
(b) 
Except in emergency cases, when the owner, agent of the owner or occupant is absent from the Township of Abington, all notices or orders provided for herein shall be sent by registered mail to the owner, agent of the owner and occupant, as shown by the records of the County Recorder of Deeds, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous dwelling or building to which it relates. Such mailing and posting shall be deemed adequate service.
C. 
The Code Enforcement Officer shall appear at all hearings conducted by the Code Enforcement Committee and testify as to the condition of dangerous buildings.
A. 
The owner, agent of the owner or occupant of a dangerous building served with notice in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Code Enforcement Committee, provided that such person shall file with the Code Enforcement Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served or posted. Upon receipt of such petition, the Code Enforcement Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed.
B. 
After such hearing, the Code Enforcement Committee shall sustain, modify or withdraw the notice. If the Code Enforcement Committee sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed with the Code Enforcement Officer within 10 days after such notice is served.
Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Code Enforcement Officer shall be afforded a hearing with the Code Enforcement Committee as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, the Code Enforcement Officer shall continue such order in effect or modify or revoke it. The costs of any emergency repair, vacation or demolition of a dangerous building shall be collected in the same manner as provided herein for the other cases.
Should the owner, agent of the owner or occupant of a dangerous dwelling or building fail to comply with an order of the Code Enforcement Officer within 30 days of service of the notice issued by the Code Enforcement Officer, the Code Enforcement Officer shall cause such building or structure to be repaired, vacated or demolished, as the facts may warrant, under the standards hereinbefore provided. The Township of Abington may collect the cost of such repair, vacation or demolition, including interest as provided by law for the recovery of municipal claims.
A. 
Upon completion by the Township of Abington of all work necessary to repair, vacate or demolish any dangerous building, the Township shall send a bill of assessment to the registered owner, agent of the owner or occupant at the last known address setting forth the date of original notice to the owner advising him of the dangerous condition of the building, the kind and character of the work performed, the date of completion of the work by the township and the cost incurred by the township.
B. 
The Board shall notify the registered owner of the property that he or she must pay the assessment amount within 30 days after the mailing of the bill of assessment and that failure to make such payment will require the township to file a municipal lien upon the property of the delinquent owner and to proceed to execute upon such lien with notice to the owner and lien creditors as may be required by law.
Any person who shall violate any provision of this article shall be subject to enforcement proceedings before the District Justice as set forth in the Pennsylvania Municipalities Planning Code. Any person found to be in violation of the provision of this article shall be liable to pay a judgment not to exceed $500, plus court costs, including reasonable attorney's fees incurred by the Township of Abington. Each day that a violation continues shall constitute a separate violation.