[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 1-5-1987 by Ord. No. 172; amended in its entirety 1-22-1997 by Ord. No.
265. Subsequent amendments noted where applicable.]
[Amended 9-7-2005 by Ord.
No. 341; 4-20-2016 by Ord. No. 408]
The Building Code Official of the Township of West Deer, or his or her designated representative, shall inspect all buildings or structures, whether they are under construction or have been completed, within the Township of West Deer deemed to be a nuisance or dangerous structure. For purposes of this chapter, any structure or building found to be in violation of Chapter 100, Construction Codes, Uniform, as amended and adopted by the Township of West Deer, shall be deemed to be a nuisance or dangerous structure.
After such investigation or inspection, a report
shall be made, in writing, to the Board of Supervisors of the Township
of West Deer specifying the exact condition of the structure, in what
respect the structure is deemed to be dangerous or a nuisance and
whether such structure is capable of being properly repaired or whether
it should be removed.
In lieu of or in addition to the provisions of §§ 90-1 and 90-2 of this chapter, the Board of Supervisors of the Township of West Deer may submit a request to the Allegheny County Health Department to investigate and examine the buildings and structures within the Township of West Deer and to make recommendations with respect thereto.
A.
If a building or other structure is deemed to be a nuisance or dangerous structure, the Township Code Enforcement Officer shall forthwith cause written notice to be personally served upon the owner of such building or structure, if the owner resides in the Township, or upon the agent of such owner if such agent has a residence or place of business within the Township. Such notice shall fully set forth all violations of Chapter 88, Building Construction, and shall require the owner of the building or structure to commence the repair or removal of such structure within 15 days of receipt of said notice; and to complete such repair or removal within 30 days thereof, provided that, in any case where the notice prescribes the repair of any structure only, the owner thereof shall have the option to remove such structure instead of making the repairs thereto, within the same time limit.
Any owner, or his or her designated agent, may appeal the determination of the Board of Supervisors or other designated agent, within 15 days of the receipt of the notice contained in § 90-4A of this chapter. Such appeal shall be in writing and must be received by the Township Code Enforcement Officer or by registered mail within the prescribed time period.
Upon the filing of a proper appeal, the Township
Board of Supervisors shall call a public meeting within 20 days from
the filing of such appeal and shall duly advertise the date and place
of such meeting and shall notify all owners or agents who have filed
a proper appeal, by registered mail, of the date and place of the
meeting. At such meeting, all owners or their agents shall have the
opportunity to be heard, and the Board of Supervisors of the Township
of West Deer shall render a final decision based upon the report of
the Board of Supervisors, as well as all other testimony presented.
Such decision shall be final and binding upon the owners or their
designated agents. Notice of such decision shall be sent by the Township
Code Enforcement Officer to the owner or his or her designated agent
by registered mail. All proceedings shall be stayed pending the determination
of an appeal by the Township Board of Supervisors.
[Amended 4-20-2016 by Ord. No. 408]
A.
If the owner
of any nuisance or dangerous structure to whom a notice to repair
or remove has been sent fails to commence to repair or remove such
structure or fails to file an appeal within 15 days of such notice,
such owner shall be deemed to be in violation of the provisions of
this chapter.
B.
Any person,
firm or corporation who shall violate any provision of this chapter,
upon conviction thereof in an action brought before a Magisterial
District Judge 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 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
If the owner of any nuisance or dangerous structure
to whom a notice to remove such structure has been sent fails to commence
such removal within 15 days from the date of such notice, the Board
of Supervisors for the Township of West Deer shall be empowered to
cause such removal to be commenced and completed by the Township or
by a designated agency or agent of the Township, and the costs and
expenses shall be borne by the owner of such structure and shall be
collected by summary proceedings or in the manner provided for the
collection of municipal claims(s) or by an action in assumpsit or
in equity without the filing of a municipal claim(s). All costs shall
include, but not be limited to, all legal fees, administrative costs,
demolition costs, a penalty of 10% of all costs and interest at the
rate of 6% per annum from the date of completion of removal of said
structure.
