[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson 8-14-1989 by Ord. No. 16-1989 as Ch. 4, Part 2,
of the 1989 Code. Amendments noted where applicable.]
A.
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumbline passing through
the center of gravity falls outside of the middle third of its base;
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;
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;
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;
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;
Those which have parts thereof which are so attached that they
may fall and injure property or members of the public;
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;
Those which because of their location are unsanitary or otherwise
dangerous to the health or safety of the occupants or the public;
and
Those existing in violation of any provision of the building
code, fire prevention code, or other ordinances of the Township.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Presence within or around a dwelling of any insects, rodents
or other pests.
Person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit as owner or agent of the owner, or as executor, executrix, administrator,
administratrix, or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this chapter and with rules and regulations adopted
pursuant thereto to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership,
or other legal entity.
A piece, parcel, lot or tract of land.
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.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
B.
Whenever the words "dwelling," "dwelling unit" or "premises" are
used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
All dangerous buildings within the terms of § 114-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
The following standards shall be followed in substance by the
Building Inspector of the Township of Robinson in ordering repair,
vacation, or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.
If the 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.
C.
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 Building
Inspector. The Building Inspector shall remove such placard whenever
the defect or defects upon which the placarding action were based
have been eliminated.
D.
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
chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any ordinance of the
Township or statute of the Commonwealth of Pennsylvania, it shall
be ordered to be demolished, provided 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.
A.
The Building Inspector 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 § 114-1 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Building Inspector shall issue a
written notice to the person or persons responsible therefor. The
notice:
(1)
Shall be in writing;
(2)
Shall include a statement of the reasons it is being issued;
(3)
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure;
(4)
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(a)
Except in emergency cases and where the owner, occupant, lessee
or mortgagee is absent from the Township, all notices shall be deemed
to be properly served upon the owner, occupant or other person having
an interest in the dangerous building 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 any other method authorized or required
under the laws of the commonwealth.
(b)
Except emergency cases, in 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
building, 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.
(5)
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
C.
Appear at all hearings conducted by the Board of Commissioners and
testify as to the condition of dangerous buildings.
A.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing on the matter before the Board of Commissioners,
provided that such person shall file with the Township Secretary 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 Secretary
shall set a time and place for such hearing and shall give the petitioner
written notice 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.
B.
After such hearing, the Board of Commissioners shall sustain, modify
or withdraw the notice. If the Board of Commissioners sustains or
modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this chapter shall automatically become an order
if a written petition for a hearing is not filed with the Township
Secretary within 10 days after such notice is served.
C.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code.
No person shall remove or deface the notice of dangerous building, except as provided in § 114-3C.
Whenever the Building Inspector finds that an emergency exists
which requires immediate action to protect the public health, he 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
chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but
upon petition to the Building Inspector shall be afforded a hearing
as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter have been complied with,
the Building Inspector shall continue such order in effect or modify
or revoke it. The costs of such emergency repair, vacation or demolition
of such dangerous building shall be collected in the same manner as
provided herein for other cases.
If the owner, occupant, mortgagee or lessee fails to comply
with the order of the Building Inspector within the time specified
in the notice issued by him, and no petition for a hearing is filed
within 10 days thereafter, or following a hearing by the Board of
Commissioners, where the order is sustained thereby, the Building
Inspector shall cause such building or structure to be repaired, vacated
or demolished, as determined by the Board of Commissioners in accordance
with 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. Or the Township
may seek injunctive relief in a court of competent jurisdiction pursuant
to the rules of civil procedure.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and, in default of payment thereof, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
