[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 4-29-1992 by Ord. No. 94. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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 plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
33% or more of damages or deterioration of the supporting member or
members, or 50% of damage or deterioration 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 have become dangerous to life, safety, morals
or the general health and welfare of the occupants or the people of
the Township of Athens.
Those which have become or are so dilapidated,
decayed, unsafe, insanitary 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, morals, safety or general welfare of those living
therein.
Those having light, air and sanitation facilities
which are inadequate to protect the health, morals, safety or general
welfare of human beings who live or may live therein.
Those having inadequate facilities for egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
Those which because of their conditions are
unsafe, insanitary or dangerous to the health, morals, safety or general
welfare of the people of this Township.
The following standards shall be followed in
substance by the Building Inspector and Supervisors of the Township
of Athens 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 repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to the health, morals, safety or general welfare
of its occupants, it shall be ordered to be vacated.
C.
In any case where a dangerous building is fifty-percent
damaged or decayed or deteriorated from its original value or structure,
it shall be demolished; and in all cases where a building cannot be
repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished. In all cases where 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 demolished.
All dangerous buildings within the terms of § 63-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
[Amended 9-29-2004 by Ord. No. 191]
The Code Enforcement Officer of the Township
of Athens shall, in addition to the duties otherwise set forth in
this Code, perform the following duties:
A.
Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of § 63-1 of this chapter.
B.
Inspect any building, wall or structure about which
complaints are filed by any person to the effect that a building,
wall or structure is or may be existing in violation of this chapter.
C.
Inspect any building, wall or structure reported (as
hereinafter provided for) by the Fire or Police Department of this
Township as probably existing in violation of the terms of this chapter.
D.
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the Recorder of Deeds of Bradford County, of any building found by him to be a dangerous building within the standards set forth in § 63-1 of this chapter, that:
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or
may have it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
of Bradford County may, at this own risk, repair, vacate or demolish
said building or have such work or act done, provided that any person
notified under this subsection to repair, vacate or demolish any building
shall be given such reasonable time, not exceeding 30 days, as may
be necessary to do or have done the work or act required by the notice
provided for herein.
E.
Set forth in the notice provided for in Subsection D hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
G.
Appear at all hearings conducted by the Supervisors
and testify as to the condition of dangerous buildings.
H.
Place a notice on all dangerous buildings reading
as follows: "This building has been found to be a dangerous building
by the Code Enforcement Officer. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice which has been given the owner, occupant, lessee,
mortgagee or agent of this building and all other persons having an
interest in said building as shown by the land records of the Recorder
of Deeds of Bradford County. It is unlawful to remove this notice
until such notice is complied with."
The Supervisors of the Township of Athens shall:
A.
Upon receipt of the report of the Code Enforcement Officer as provided for in § 63-4F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Bradford County to appear before it on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided for herein in § 63-4E.
[Amended 9-29-2004 by Ord. No. 191]
B.
Hold a hearing and hear such testimony as the Code
Enforcement Officer or the owner, occupant, mortgagee, lessee or any
other person having an interest in said building as shown by the land
records of the Recorder of Deeds of Bradford County shall offer relative
to the dangerous building.
[Amended 9-29-2004 by Ord. No. 191]
D.
Issue an order based upon findings of fact made pursuant to Subsection C, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Bradford County to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, and provide that any person not the owner of said dangerous building, but having an interest in said building, as shown by the land records or the Recorder of Deeds of Bradford County, may demolish said dangerous building at his own risk to prevent the acquiring of lien against the land upon which said dangerous building stands by the Township, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof, within 10 days, cause such building or structure to be repaired, vacated or demolished as the facts may warrant under the standards hereinbefore provided for in § 63-2 of this chapter and shall, with the assistance of the Township Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable, and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this Township, the Supervisors shall notify the Township Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No.
133; 7-30-1997 by Ord. No. 135; 10-27-1999 by Ord. No. 159]
A.
The owner of any dangerous building who shall fail
to comply with any notice or order to repair, vacate or demolish said
building, given by any person authorized by this chapter to give such
notice, shall be guilty of a summary offense. Upon conviction thereof,
such person shall be subject to a fine of not less than $100 nor more
than $600 for each such offense and a further sum of $100 per day
for each and every day such failure to comply continues beyond the
date set for compliance.
B.
The occupant or lessee in possession who fails to
comply with any notice to vacate and who fails to repair said building
in accordance with any notice given, as provided for in this chapter,
shall be guilty of a summary offense. Upon conviction thereof, such
person shall be subject to a fine of not less than $100 nor more than
$600 for each offense and a further sum of $100 for each and every
day such failure to comply continues beyond the date set for compliance.
The Township Solicitor shall:
B.
Bring suit to collect all municipal liens, assessments
or costs incurred by the Supervisors of the Township of Athens in
repairing, or causing to be vacated or demolished, dangerous buildings.
C.
Take such other legal action as is necessary to carry
out the terms and provisions of this chapter.
[Amended 9-29-2004 by Ord. No. 191]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Supervisors of the Township of Athens, and the Supervisors shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 63-5E hereof.
In cases, except emergency 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, mortgagee, lessee and all persons having
an interest in said building as shown by the land records of the Recorder
of Deeds of Bradford County, 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.
No officer, agent or employee of the Township
of Athens shall render himself personally liable for any damage that
may accrue to persons or property as result of any act required or
permitted in the discharge of his duties under this chapter. Such
officer, agent or employee shall be defended by the Township Solicitor
until the final determination of the proceedings therein.
