ORDINANCE
ON DANGEROUS STRUCTURE
CHAPTER 4,
BUILDINGS
Part 2,
Dangerous Structures
§201. Title.
This Part shall be known as the
"Housing Ordinance."
(Ord. 69-1,
7/8/1969, §1)
§202. Definitions.
The following terms, whenever used in
this Part, have the meanings indicated in this section, except where the
context indicates a clearly different meaning.
BUILDING
– a roofed structure, enclosed by one or more walls, for the shelter, housing,
storage or enclosure of persons, goods, materials, equipment or animals,
including but not limited to dwelling, garage, barn, stable, shed, greenhouse,
mobile home, plant, factory, warehouse, school, or similar structure.
COURT
– an open and unoccupied space on a lot enclosed on at least three sides by the
walls of a building.
DANGEROUS
BUILDING – all buildings or structures which have any or all of the following
defects shall be deemed dangerous buildings:
1. 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.
2. 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.
3. Those 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.
4. Those 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.
5. Those which are so damaged,
dilapidated, decayed, unsafe, 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.
6. Those which have parts thereof which
are so attached that they may fall and injure property or members of the
public.
7. 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.
8. Those which because of their location
are unsanitary, or otherwise dangerous, to the health or safety of the
occupants or the public.
9. Those existing in violation of any provision
of the Code of Ordinances of Smith Township.
DWELLING
– any building or structure, or part thereof, occupied or intended or designed
to be occupied as the home, residence or sleeping place of one or more persons.
A dwelling may include one or more dwelling units or rooming units or a
combination of both.
DWELLING
UNIT – a room or group of rooms located within any dwelling and forming a
single habitable unit with facilities for living, sleeping, cooking, and
eating.
GARBAGE
– putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
INFESTATION
– the presence of insects, rodents, vermin and/or other pests.
OWNER
– a person, corporation or entity who, alone or jointly or severally with
others:
1. Has title to a dwelling, either with or
without possession of the dwelling; or
2. Has charge, care or control of a
dwelling, either as agent of the owner or as administrator, administratrix,
executor, executrix, or guardian of the estate of the owner, or trustee; or
3. Is the lessee of the whole dwelling
where the dwelling is a two-family dwelling, multiple dwelling, or rooming house.
PERSON
– a natural person, corporation, partnership, association or any other
identifiable entity.
PREMISES
– the ground, yard, lawn or court, or the private way, walk, alley or approach
used or intended to be used in connection with a dwelling, building or the
like.
REFUSE
– all putrescible and nonputrescible
solid waste, including garbage, rubbish, ashes, dead animals and market and
industrial wastes.
RUBBISH – 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, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass crockery and dust.
UNOCCUPIED
HAZARD – any building or part thereof or man-made structure which remains
unoccupied for a period of more than six months, with either doors, windows, or
other openings broken, removed, boarded or sealed up, or any building under
construction upon which little or no construction work has been performed for a
period of more than six months.
YARD
– any open space on the same lot with a building and for the most part unobstructed
from the ground up.
(Ord. 69-1,
7/8/1969, §2; as amended by Ord. 1985-2, 8/12/1985;
and by Ord. 90-1, 4/30/1990)
§203. Dangerous Buildings Declared
Nuisances.
All dangerous buildings within the terms
of §202 of this Part are hereby declared to be public nuisances and shall be
repaired, vacated, or demolished as herein provided.
(Ord. 69-1,
7/8/1969, §3; as amended by Ord. 1984-4, 10/29/1984,
§1; and by Ord. 90-1, 4/30/1990)
§204. Standards for
Repair, Vacation or Demolition.
The following standards shall be followed
in substance by the Enforcement Officer of the Township in ordering repair,
vacation, or demolition:
1. If
the dangerous building can reasonably be repaired so that it will no longer
exist in violation of the terms of this Part, it shall be ordered to be
repaired.
2. If
a dangerous building 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, as is reasonable.
3. 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 Enforcement Officer. The Enforcement
Officer shall remove such placard whenever the defect or defects upon which the
placarding action were based
have been eliminated.
4. If
a dangerous building is 50% or more damaged or decayed or deteriorated from its
original condition; if a dangerous building cannot be repaired so that it will
no longer exist in violation of the terms of this Part; or if a dangerous
building is a fire hazard existing or erected in violation of the terms of this
Part or any other part of the Code of Ordinances of Smith Township or statute
of the Commonwealth of Pennsylvania, it shall be ordered to be demolished, provided
that 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 demolition
is proposed.
(Ord. 69-1,
7/8/1969, §6; as amended by Ord. 90-1, 4/30/1990)
§205. Duties of Enforcement
Officer.
1. The
Enforcement Officer shall inspect on a regular basis dwellings, buildings and
structures to determine whether any conditions exist which render such premises
dangerous buildings within the terms of §202 above.
2. Whenever
an inspection discloses that a dwelling, building or structure has become a
public nuisance, the Enforcement Officer shall issue a written notice to the
person or persons responsible therefor. The notice:
A. Shall be in writing;
B. Shall include a statement of the
reasons it is being issued;
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, as the case may require.
(1) Except in emergency cases and where the
owner, occupant, lessee, or mortgagee is absent from the municipality of Smith
Township, all notices shall be deemed to be properly served upon the owner,
occupant, or other person having an interest in the dangerous building or
structure if a copy thereof is served upon him personally, or if a copy thereof
is posted in a conspicuous place in or about the structure affected by the
notice, or if he is served with such notice by other method authorized or
required under the laws of this commonwealth.
(2) Except emergency cases, and all other
cases where the owner, occupant, lessee, or mortgagee is absent from the
Township, all notices or orders provided for herein shall be sent by registered
mail to the owner, occupant, and all other persons having an interest in said
structure, 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 building to which it relates. Such mailing
and posting shall be deemed adequate service.
E. May contain an outline of remedial
action which, if taken, will effect compliance with the provisions of this Part
and with the rules and regulations adopted pursuant hereto.
3. Appear
at all hearings conducted by the Township Supervisors and/or any and all other
hearings as may be held under the circumstances and testify as to the condition
of dangerous buildings or structures.
4. Enforce
this Part in accordance with its regulations and amendments and supplements
thereto.
5. File
any and all actions, citations, criminal complaints and the like that are
deemed necessary and appropriate under the circumstances for purposes of
obtaining compliance and/or enforcement and to do so in the name of and on
behalf of the Township of Smith.
(Ord. 69-1,
7/8/1969; as amended by Ord. 1984-4; and by Ord. 90-1, 4/30/1990)
§206. Hearings.
1. Any
person affected by any notice which has been issued in connection with the
enforcement of any provision of this Part may request and shall be granted a
hearing on the matter before the Township Board of Supervisors, provided that
such persons shall file with the Township Board of Supervisors 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. Upon receipt of such petition, the Township Board of
Supervisors shall set a time and place for such hearing, which may be held at a
regularly scheduled public meeting, and shall give the petitioner written
notice of the date and time of place 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. Furthermore, the person
requesting said hearing shall be required, prior to the date and time of said
hearing, to tender a fee or payment equal to the amount of the cost of
advertising the same. The Board of Supervisors, by and through its Secretary,
shall notify said applicant of the amount of said fee or costs as soon as
possible under the circumstances. Failure of the Township to notify the
applicant of the costs and/or fee prior to the date of hearing shall absolve
the applicant or person requesting said hearing from paying the same.
2. After
such hearing, the Board of Supervisors shall sustain, modify or withdraw the
notice. If the Board of Supervisors sustains or modifies such notice, it shall
be deemed a final decision and an order. Any notice served pursuant to this
Part shall automatically become an order if a written petition for a hearing is
not filed within 10 days after such notice is served or if the advertising fee
or costs is not paid by the date of hearing.
3. Any
aggrieved party may appeal the final order to the Court of Common Pleas of
Washington County in accordance with provisions of the Local Agency Law.
(Ord. 69-1,
7/8/1969, §7; as amended by Ord. 1984-4, 10/29/1984,
§4; and by Ord. 90-1, 4/30/1990)
§207. Removal of Notice Prohibited.
No person shall remove or deface the
notice of dangerous building or other notice except as otherwise provided in
§204, Subsection 3.
(Ord. 69-1,
7/8/1969, §8; as amended by Ord. 1984-4, 10/29/1984,
§3; and by Ord. 90-1, 4/30/1990)
§208. Emergency Cases.
Whenever the Enforcement Officer or the
Township Board of Supervisors finds that an emergency exists which requires
immediate action to protect the public health, he or it 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 Part, such order shall be effective
immediately. Any person to whom such order is directed shall comply therewith
immediately, but upon petition to the Township Board of Supervisors shall be
afforded a hearing as soon as possible. After such hearing, depending upon the
findings as to whether the provisions of this Part have been complied with, the
Supervisors shall continue such order in effect, or modify or revoke it. The
cost of such emergency repair, vacation or demolition of such dangerous
building or structure or condition shall be collected in the same manner as
provided herein for other cases.
(Ord. 69-1,
7/8/1969, §9; as amended by Ord. 1985-2, 8/12/1985;
and by Ord. 90-1, 4/30/1990)
§209. Abatement by the
Township.
If the owner, occupant, mortgagee, or
lessee fails to comply with the order of the Enforcement Officer within the
time specified in the notice issued by the Enforcement Officer, the Enforcement
Officer shall cause such building or structure or condition to be repaired,
vacated, or demolished as the facts may warrant, under the standards
hereinbefore provided. The Township may collect the cost of such repair,
vacation or demolition, together with a penalty of 10% of such cost, in the
manner provided by law.
(Ord. 1984-4,
10/29/1984, §6; as amended by Ord. 90-1, 4/30/1990)
§210. Penalties.
Any person, firm or corporation who shall
violate any provision of this Part, upon conviction thereof in an action
brought before a District Justice in the manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be
sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs,
and in default of payment of said fine and costs, to a term of imprisonment not
to exceed 90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
(Ord. 69-1,
7/8/1969, §9; as amended by Ord. 1985-2, 8/12/1985;
and added by Ord. 90-1, 4/30/1990; as amended by Ord. 97-5, 11/19/1997)