All buildings or structures which have any or all of the following defects
shall be deemed 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 the people of the Township of Middle
Smithfield.
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.
All dangerous buildings within the terms of §
89-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinabove and hereinafter provided.
Whenever it shall be reported or come to the attention of any township official 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. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of §
89-1 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 Board of Supervisors shall:
A. Upon receipt of a report in accordance with §
89-3 of this chapter, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of Monroe County, to appear before the Board 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 notice provided for herein in §
89-6C.
B. Hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or any other person having an interest in said
building 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 §
89-1 hereof.
D. Issue an order based upon findings of fact made pursuant to Subsection
C of this section demanding the owner, occupant, mortgagee, lessee or any other person having an interest in said building to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter.
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 repaired
as determined by a committee composed of the Zoning Officer and at least two
members 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.
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 §
89-7C.