[HISTORY: Adopted by the Board of Supervisors of Manor Township 4-7-1980 by Ord. No. 3-80 (Ch. 10, Part 2, of the 1985 Code of Ordinances). Amendments noted where applicable.]
Uniform construction codes — See Ch. 168.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS STRUCTURE
- All buildings or structures which have any or all of the following defects shall be deemed "dangerous structures":
- A. Those which have been damaged by fire, wind, or other causes so as to have become dangerous to the life, safety, morals, or the general health and welfare of the occupants or the people of Manor Township;
- B. Those which have become or are so dilapidated, decayed, unsafe, unsanitary 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 accidents, sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein as well as other citizens of the Township;
- C. Those which have parts thereof which are so attached that they might fall and injure members of the public and adjoining property;
- D. Those which because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety, or general welfare of the people of the Township.
It shall be unlawful for any person or persons, corporation, partnership, unincorporated association, or any entity whatsoever, to maintain, erect, or own any dangerous structure within the definition of § 137-2 of this chapter and all such dangerous structures are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinafter provided.
It shall be unlawful for any person or persons, corporation, partnership, unincorporated association, or any entity whatsoever, to accumulate, or to permit the accumulation of garbage or rubbish, or to store abandoned or junked automobiles, not now used for that purpose by established dealers in junked automobiles, or the carrying on of any offensive manufacture or business which would create a public nuisance within the limits of Manor Township, County of Lancaster and Commonwealth of Pennsylvania.
The Board of Supervisors or their designated representative shall, upon receipt of a written notice that a dangerous structure exists, cause an inspection to be made of the premises on which the dangerous structure is located. If the Board of Supervisors or their designated representative shall initially find that a dangerous structure does in fact exist, then they shall give written notice to the owner and/or occupant to repair, vacate or demolish the dangerous structure within 30 days of the date of the notice.
If the dangerous structure is not repaired, vacated or demolished in accordance with the terms of the notice, the Board of Supervisors shall hold a hearing and shall give written notice of the hearing to the owner and/or occupant to appear before the Board on the date specified in the notice to show cause why the building or structure reported to be a dangerous structure should not be repaired, vacated, or demolished in accordance with the notice.
At said hearing, the owner and/or occupant or any other person having an interest in said structure, or any person alleging that the said structure is a dangerous structure shall be allowed to present testimony.
After said hearing, the Board of Supervisors shall make written findings of fact from the testimony offered.
The Board of Supervisors shall also issue an order based upon findings of fact made pursuant to this chapter, and if said building is found to be a dangerous structure, shall order the owner and/or occupant to either repair, vacate or demolish said dangerous structure within 30 days of the date of the written findings of fact and decision.
The following standards shall be followed in substance by the Board of Supervisors in ordering repair, vacation or demolition:
If the dangerous or dilapidated building can be repaired as determined by the Board of Supervisors or their designated representative, so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired;
If the dangerous or dilapidated building or structure 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;
In any case where a dangerous or dilapidated building or structure cannot be reasonably repaired as determined by the Board of Supervisors or their designated representative as provided in Subsection A of this section, it shall be demolished. In cases where a dangerous or dilapidated building or structure is a fire hazard existing or erected in violation of the terms of this chapter or any statute of the Commonwealth of Pennsylvania, it shall be demolished.
If any structure is deemed to be a dangerous structure within the standards set forth in § 137-1 of this chapter, the Board of Supervisors shall issue a written notice to be served upon the owner and/or occupant.
The notice shall be mailed by first class mail to the owner's last-known address and to the occupant of the dangerous structure if the owner and occupant are not the same.
In addition, a notice shall be placed at the site.
The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this 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 the order of this chapter, provided in any case where the notice prescribed the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the above time limits.
Such notice shall require any person notified to repair, vacate or demolish any building to commence the work or act required by the notice within 10 days of such notice and to complete such repair or removal within 30 days thereof.
The Board of Supervisors shall cause to be placed on all dangerous structures a notice reading substantially as follows:
[Amended 2-19-1985 by Ord. No. 1-85; 9-6-1988 by Ord. No. 5-88]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
If the owner and/or occupant fails to comply with any notice or order to repair, vacate or demolish any dangerous structure within 30 days, the Board of Supervisors is empowered to cause such building or structure to be repaired, vacated or demolished by the Township and to cause the cost of such repair, vacation or demolition, together with a penalty of 10% to be charged against the land on which the building existed as a municipal lien or to recover such costs in a suit at law against the owner or such other person having an interest in the dangerous structure. Provided, the recovery of such cost and expense, together with the penalty, may be an addition to the penalty imposed in Subsection A of this section.
In the event that any person or persons, corporation, partnership, unincorporated association, or any entity whatsoever, shall accumulate or permit the accumulation of junk or rubbish, or store abandoned or junked automobiles, or the carrying on of any offensive manufacture or business, the Supervisors of Manor Township shall order the removal of any such nuisances from public or private ground after 10 days' notice to the owners and/or occupants of the premises to do so, and upon default of the owners and/or occupants of the premises to abate such nuisance, the Supervisors of Manor Township shall abate or remove the same and collect the costs of such removal, together with a penalty of $1,000, from the owners and/or occupants of the premises by summary proceedings or by charging against the land on which the nuisance existed as a municipal lien, or to recover such costs in a suit at law against the owner or such other person occupying the premises on which the public nuisance was located.