[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 9-18-1967 by Ord. No. 80. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING CODE OFFICIAL
- The Building Code Official as appointed by the Township of Penn pursuant to Ordinance No. 790, adopted May 17, 2004, as defined by Chapter 63, Building Construction, Article III, of the Code of the Township of Penn.[Added 7-16-2007 by Ord. No. 837]
- DANGEROUS BUILDINGS
- A. Any building, shed, fence or other man-made structure which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures.
- B. Any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.
- C. Any building, shed, fence or other man-made structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.
- D. Any building, shed, fence or other man-made structure which, because of its condition or because of a lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
Any dangerous building in the Township of Penn is hereby declared to be a nuisance.
It shall be unlawful to maintain or permit the existence of any dangerous building in the Township of Penn, and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.
Whenever the Building Code Official or his delegated representative shall be of the opinion that any building or structure in the Township of Penn is a dangerous building, he shall file a written statement to the effect with the Township Secretary. The Township Secretary shall thereupon cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered mail, certified mail or by personal service. Such notice shall state that the building has been declared to be in a dangerous condition and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and that the condition must be remedied at once.
[Amended 7-16-2007 by Ord. No. 837]
If the person receiving the notice has not complied therewith or taken an appeal from the determination of the officer or employee finding that a dangerous building exists, within 30 days from the time when this notice is served upon such person by personal service, certified mail or registered mail, the Township Secretary may, upon orders of the Board of Commissioners of Penn Township, proceed to remedy the condition or demolish the dangerous building.
If the owner of any dangerous structure, to whom or which a notice to repair, raze or remove such structure shall be sent under the provisions of this chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, he shall be guilty of a violation of this chapter and, upon conviction thereof before a District Justice in a summary proceeding, shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution; provided, however, that each day's continuance of a violation shall constitute a separate offense, and in the event of default of the fine or penalty imposed by said judgment and costs, the defendant may be committed to imprisonment for a period not exceeding 30 days.
[Amended 6-12-1972 by Ord. No. 177; 11-24-1997 by Ord. No. 689]
If the owner of any dangerous building, to whom or which a notice to repair or to remove such building shall be sent under the provisions of this chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, the Secretary of the Board of Commissioners shall be empowered to cause such work of repair, razing or removal to be commenced and/or completed by the township, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner of such structure in the manner provided by law; provided, however, that the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided Subsection A.