[Ord. 180, 8/17/1982]
This Part shall be known and may be cited as "The Township of
Richland Abandoned, Nuisance and/or Dangerous Buildings or Structures
Ordinance."
[Ord. 278, 9/18/1991]
1.
Right to Deem Unsafe. All buildings or structures that are or hereafter
shall become unsafe, unsanitary or deficient in adequate means of
egress facilities, or which constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or which involve illegal
or improper use, occupancy or maintenance, shall be deemed unsafe
buildings or structures. All unsafe structures shall be taken down
and removed or made safe and secure, as the code official deems necessary
and as provided for in this section. A vacant building, unguarded
or open at door or window, shall be deemed a fire hazard and unsafe
within the meaning of this Part.
2.
Examination and Record of Damaged Structure. The code official shall
examine every building or structure reported as dangerous, unsafe
structurally or constituting a fire hazard, and shall cause the report
to be filed in a docket of unsafe structures and premises; the report
shall state the use of the structure and the nature and estimated
amount of damages, if any, caused by collapse or failure.
3.
Notice of Unsafe Structure. If an unsafe condition is found in a
building or structure, the code official shall serve on the owner,
agent or person in control of the building or structure a written
notice describing the building or structure deemed unsafe and specifying
the required repairs or improvements to be made to render the building
or structure safe and secure, or requiring the unsafe building or
structure or portion thereof to be demolished within a stipulated
time. Such notice shall require the person thus notified to declare
immediately to the code official acceptance or rejection of the terms
of the order.
4.
Restoration of Unsafe Structure. A building or structure condemned
by the code official is permitted to be restored to a safe condition
provided that change of use or occupancy is not contemplated nor compelled
by reason of such reconstruction or restoration; except that if the
damage or cost of reconstruction or restoration is in excess of 50%
of its replacement value, exclusive of foundations, such structure
shall be made to comply in all respects with the requirements for
materials and methods of construction of structures hereafter erected.
5.
Posting Unsafe Notice. If the person addressed with an unsafe notice
cannot be found within the Township after diligent search, then such
notice shall be sent by registered or certified mail to the last known
address of such person; and a copy of the unsafe notice shall be posted
in a conspicuous place on the premises; and such procedure shall be
deemed the equivalent of personal notice.
[Ord. 180, 8/17/1982; as amended by Ord. 278, 9/18/1991;
by Ord. 325, 7/3/1996; and by Ord. 336, 2/5/1997]
1.
Any person who violates or permits a violation of this Part shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. AO)]
2.
The property, the subject matter of the declaration, shall also be
subject to the costs of any removal of the nuisance or dangerous condition
by razing, repair or reconditioning at the direction of the Zoning
Officer on behalf of the Township plus a penalty in the amount of
10% of such costs. Removal, repair or reconditioning may be ordered
upon the expiration of 20 days from the notice of declaration by the
Zoning Officer if the violation remains uncorrected. The costs of
same plus the penalty above stated shall constitute a lien upon the
property in favor of the Township and said lien may be perfected by
either the filing of a municipal claim or an action in assumpsit.
