[HISTORY: Adopted by the Board of Supervisors of the Township of Hellam 12-19-2002 by Ord. No. 2002-14. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 175.
This chapter may be known as and may be cited as the "Hellam Township Dangerous Buildings Ordinance."
The purpose of this chapter is to protect the health, morals, safety, and general welfare of the citizens and habitants of Hellam Township from the dangers presented by dilapidated, unsafe, and/or dangerous buildings or structures. this chapter is enacted pursuant to the authority granted to Hellam Township by the Second Class Township Code, and in particular, Sections 1506, 1517, 1527, 1529, and 1533 thereof.[1]
[1]
Editor's Note: See 53 P.S. §§ 66506, 66517, 66527, 66529 and 66533, respectively.
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 this chapter its most reasonable application consistent with its purpose.
A. 
The word "shall" is always mandatory and not merely directory.
B. 
Definitions.
BOARD
The Board of Supervisors of the Township of Hellam.
DANGEROUS BUILDINGS
All the buildings or structures that have any or all of the following defects; and, all such buildings or structures shall be deemed "dangerous buildings":
(1) 
Those that have become or are so dilapidated, decayed, unsafe, or are likely to cause accidents, injury, or damage, so as to harm the health, morals, safety, or general welfare of the occupants, citizens of the Township, or public at large;
(2) 
Those that have been damaged by fire, wind, rain, the elements, or cause so as to become dangerous to the life, safety, and/or health of the occupants, citizens of the Township, or the public at large;
(3) 
Those that have parts thereof that are so attached that they might fall and injure persons or property, the occupants, the citizens of the Township, or the public at large.
TOWNSHIP
The Township of Hellam, County of York 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 buildings are hereby declared to be public nuisances and shall be repaired, vacated or demolished in accordance with the terms and conditions of this chapter.
B. 
Each day a nuisance in the form of a dangerous building continues to exist, after notice is given that said dangerous building is to be repaired, vacated or demolished, shall constitute a separate offense in violation of this chapter.
The following standards shall be utilized when remedying dangerous buildings pursuant to this chapter:
A. 
If the dangerous building can be repaired through reasonable efforts, then it shall be ordered repaired.
B. 
If the dangerous building in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, then it shall be ordered vacated and repaired.
C. 
If the dangerous building can not be repaired, then it shall be ordered to demolished.
D. 
If the dangerous building exists in violation of the terms of this chapter or any other ordinance of the Township, ordinance of the County of York, or statute of the Commonwealth of Pennsylvania, then it shall be ordered demolished.
A. 
The Hellam Township Zoning Officer or any other Hellam Township official designated by the Board from time to time (collectively the "Enforcement Officer") is empowered to enforce this chapter.
B. 
If a structure or building is reported to the Enforcement Officer or the Enforcement Officer otherwise becomes aware of such a building or structure, then the Enforcement Officer shall investigate the building or structure to determine if it is a dangerous building. If it is a dangerous building, the Enforcement Officer shall prepare and serve upon the owner or owners of such dangerous building an enforcement notice pursuant to the terms and provisions herein ("enforcement notice").
C. 
The enforcement notice required by this section shall be served either personally or by certified mail, return receipt requested, to the last known address of the property owner or owners according to the records of either the Township, its tax collector or the government offices in and for the County of York, Pennsylvania (i.e., Tax Assessment, Recorder of Deeds).
D. 
The enforcement notice shall identify the dangerous building(s), contain a statement of the particulars that make this building or structure a dangerous building, and include an order requiring the property owner or owners to put dangerous building in such a condition so as to conform with the terms of this chapter.
E. 
In any case where the notice prescribes the repair of any dangerous building, the owner or owners thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time period provided.
F. 
If the owner is of the opinion that the Enforcement Officer's determination of the structure or building as a dangerous building is incorrect, then the owner may seek and obtain a verification from a professional engineer or architect, licensed in the Commonwealth of Pennsylvania, that the building or structure is either habitable or structurally sound. Said verification must be obtained and provided to the Enforcement Officer within the time provided for by the enforcement notice. The Enforcement Officer shall review the verification, and if the Enforcement Officer deems it acceptable, the Enforcement Officer shall consider the property owner to be in compliance with this chapter until a change in circumstances.
G. 
Such enforcement notice shall require any person notified to commence the work or act required by the notice within 90 days of the receipt of such notice and to complete such repair no later than 12 months from the receipt of said notice or to complete such vacation or demolition no later than six months from the date of receipt of said notice.
H. 
The Enforcement Officer shall cause to be placed on all dangerous buildings a notice reading substantially as follows: "This building has been found to be a Dangerous Building by Hellam Township, York County, Pennsylvania. This Notice is to remain on this building until it is repaired, vacated or demolished in accordance with the Notice that has been given to the owner or owners of the building. It is unlawful to remove this Notice until compliance is made under the terms contained in the Notice served upon the previously mentioned party."
I. 
If the property owner or owners decide to appeal the determination of the Enforcement Officer, then they shall do so within 10 days of their receipt of the Enforcement Notice by filing a notice of appeal with the Board. Upon receipt of said notice, the Board shall schedule a hearing within not less than 10 nor more than 30 days from the date of such notice. At the hearing, the property owner shall offer testimony and evidence relating to the habitability or structural soundness of the building. Within 30 days of such hearing, the Board shall make written findings of fact from the testimony and evidence offered pursuant to the hearing as to whether or not the building or structure in question is a dangerous building. If the Board determines that the structure or building is a dangerous building, then it shall order the owner of said dangerous building to repair it within 12 months from the date of the decision of the Board or to demolish or to vacate it within six months from the date of the decision of the Board. As part of such a hearing before the Board, the property owner shall be entitled to all due process rights granted to individuals pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105 et seq.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 all costs of prosecution, including, but not limited to, attorneys’ fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The fines and penalties provided for herein shall be in addition to any other such fines and penalties provided for by law.
C. 
Any property owner or owners who fail to comply with any notice or order to repair, vacate or demolish any dangerous building within 30 days of receipt of such notice, by such failure, does empower the Township to cause such building or structure to be repaired, vacated or demolished by the Township and to cause the cost of such repair, vacation or demolition, together with the penalty of 10%, to be charged upon the land upon the building exists as a municipal lien, or alternatively to recover such costs and penalty in a suit at law against the owner or owners. As an alternative to effecting the repair, vacation or demolition of any dangerous building, the Township may also seek an order from the Court of Common Pleas of York County, Pennsylvania, which order shall consist of equitable relief in the form of an injunction requiring the property owner to remedy the condition caused by the dangerous building. In such case, the Township may proceed and request equitable relief without the necessity of posting bound. Moreover, the Township shall be entitled to recover all costs incurred, including reasonable attorney's fees.
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, then 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 § 144-7C of this chapter.