[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 12-19-2007 by Ord. No. 07-02.
Amendments noted where applicable.]
Any and all terms, words and/or phrases contained herein shall be defined as stated in Chapter 410, Zoning.
Any building or structure that is damaged as a result of fire or otherwise shall be cleaned up, repaired, and/or demolished within six months of the occurrence of said damage or destruction by the owner thereof unless an extension has been applied for and obtained from the Independence Township Building Code Enforcement Officer. In the event that the Building Code Enforcement Officer should deny said application for extension, the owner shall have the right to appeal said decision to the Independence Township Board of Supervisors pursuant to the rules and regulations of Chapter 410, Zoning.
The Independence Township Building Code Enforcement
Officer shall request and obtain from the owner of any damaged or
destroyed structure the name and address of the owner's insurance
carrier upon learning of said damage or destruction, and the owner
thereof shall supply the same forthwith. No repair or demolition shall
be undertaken until such time as an appropriate permit has been applied
for and issued by the Independence Township Building Code Enforcement
Officer. At the time of said application, the owner must provide the
name and address of its insurance carrier unless the same has previously
been supplied to the Independence Township Building Code Enforcement
Officer.
No owner, or party on behalf of an owner, of a damaged or destroyed structure or structures shall accept or receive any insurance payment for said loss until such time as sufficient security and/or a bond has been posted with the Township so as to insure the proper repairing and/or cleaning up of said premises. Therein, the amount of said security and/or bond shall be determined by the Building Code Enforcement Officer. If the owner disagrees with the determination of the Building Code Enforcement Officer, the owner shall have the right to appeal to the Township Board of Supervisors pursuant to the rules and regulations of Chapter 410, Zoning.
No repair, demolition, restoration or removal
of a damaged structure or structures shall occur prior to the posting
of a bond or security as determined above.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. All fines and penalties collected for the violation of this
chapter shall be paid to the Township Treasurer. Additionally, and
not by way of limitation, the Township may bring an action in the
Court of Common Pleas of Washington County against the owner for injunctive
relief and/or such other relief as is deemed appropriate under the
circumstances, and therein, the owner shall be liable for any and
all court costs, attorney's fees and expenses incurred by the Township.
This Ordinance shall be enforced by the Independence Township Building
Code Enforcement Officer and/or such other officer and/or person that
may be designated from time to time by the Township Board of Supervisors.
