[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 168.
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 structures":
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;
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;
Those which have parts thereof which are so attached that they
might fall and injure members of the public and adjoining property;
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:
A.
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;
B.
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;
C.
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.
A.
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.
B.
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.
C.
In addition, a notice shall be placed at the site.
D.
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.
E.
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.
F.
The Board of Supervisors shall cause to be placed on all dangerous
structures a notice reading substantially as follows:
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"This building has been found to be a dangerous structure by
the Board of Supervisors of Manor Township. This notice is to remain
on this building until it is repaired, vacated, or demolished in accordance
with the notice which has been given to the owner and/or occupant
of this building. It is unlawful to remove this notice until compliance
is made under the terms contained and the notice given to the above
named party."
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[Amended 2-19-1985 by Ord. No. 1-85; 9-6-1988 by Ord. No. 5-88]
A.
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.
B.
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.
C.
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.
