[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Burrell 10-1-2001 by Ord. No. 2-2001. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 119.
A.
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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, but is not limited
to, dwelling, garage, barn, stable, shed, house, apartment, condominium,
greenhouse, mobile home, plant, factory, warehouse, school or similar
structure.
All buildings or structures which have one or more 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 plumb line passing through
the center of gravity falls outside the middle third of its base;
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the member or members, or damage or deterioration to 50%
of the non-supporting 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 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;
Those existing in violation of any provision of the building
code, fire prevention code, property maintenance code, or other ordinances
of the Township of Upper Burrell.
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.
Includes the following:
The physical condition; or use of any premises regarded as a
public nuisance at common law;
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations
and unsafe fences or structures;
Any premises which have unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation or use;
Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure as to endanger life, limb or
property;
Any premises from which the plumbing or heating facilities have
been removed, or from which utilities have been disconnected, destroyed,
removed or rendered ineffective, or the required precautions against
trespassers have not been provided;
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth or weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; overcrowded; open, vacant
or abandoned; damaged by fire to the extent as not to provide shelter,
in danger of collapse or failure and is dangerous to anyone on or
near the premises.
A person who, alone or jointly or severally with others:
Shall have legal title to any property, dwelling, or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any property, 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 construed 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 and nuisances within the terms of § 95-1 of this chapter are hereby declared to be public nuisances and shall be abated, repaired, removed, vacated, or demolished as herein provided.
The following standards shall be followed in substance by the
Code Enforcement Officer of the Township of Upper Burrell in ordering
abatement, repair, removal, vacation, or demolition:
A.
If the dangerous building or property can be reasonably 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 or property 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 or removed 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 Code
Enforcement Officer. The Code Enforcement Officer 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 any ordinance of the Township of Upper Burrell 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.
E.
If the property constitutes a nuisance and cannot be repaired, or
if the defects and ordinance violations are not cured by the owner
within the applicable time frame, the Code Enforcement Officer shall
order the removal or abatement of the condition.
A.
The Code Enforcement Officer may inspect property, dwellings, buildings and structures to determine whether any conditions exist which render such property or premises in violation of the terms of § 95-1 above when he is made aware of them.
B.
Whenever an inspection discloses that a dwelling, building, property
or structure has become a public nuisance, the Code Enforcement Officer
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 the violation 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 of Upper Burrell, 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 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 of Upper
Burrell, 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.
The Code Enforcement Officer shall appear at all hearings conducted
by the Board of Supervisors and testify to the condition of dangerous
buildings or nuisances.
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 Supervisors;
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.
B.
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 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 a 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 § 95-3C.
Whenever the Code Enforcement Officer 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 Code Enforcement Officer, shall be afforded
a hearing as soon possible. After such hearing, depending upon the
findings as to whether the provisions of this chapter have been complied
with, the Code Enforcement Officer shall continue such order in effect,
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 Code Enforcement Officer 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
Supervisors where the order is sustained thereby, the Code Enforcement
Officer shall cause such building or structure to be repaired, vacated,
or demolished, as determined by the Board of Supervisors in accordance
with the standards hereinbefore provided. The Township of Upper Burrell
may collect the cost of such repair, vacation or demolition together
with a penalty of 10% of such cost, plus attorney fees in the manner
provided by law. Or the Board of Supervisors may seek injunctive relief
in a court of competent jurisdiction pursuant to the rules of civil
procedure.
Any person 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 90 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
