[Ord. 92-4, 10/12/1992, § 1]
This part shall be known and cited as the "Code Enforcement
Ordinance of the Township of New Hanover" and any and all ordinances
or parts of ordinances which are inconsistent herewith, are hereby
repealed.
[Ord. 92-4, 10/12/1992, § 2; as amended by Ord.
97-7, 10/13/1997, § 5-102]
1.
Creation of the Office of Code Enforcement. There is hereby created
by the Board of Supervisors of the Township of New Hanover, an office
to be known as the "Office of Code Enforcement." The individual(s),
official(s) or entity appointed thereto by the Board of Supervisors
of New Hanover Township shall have the responsibility and obligation
to administer and enforce the provisions of this part and such other
codes, ordinances, resolutions and/or administrative practices of
the Township of New Hanover, hereinafter referred to as the "applicable
codes and ordinances," which expressly or by past practice designate
the said Office of Code Enforcement as their official administrative
and enforcement authority.
2.
Office Records. An official record shall be kept of all business
and activities of the Office of Code Enforcement, which records shall
be retained and maintained in the Township building for so long as
it is deemed necessary and appropriate for the complete, efficient
and effective administration of official Township business, subject
to the determination of the Board of Supervisors in compliance with
all state statutes and ordinances concerning the maintenance of official
records. Copies of all such records shall be considered the property
of the Township of New Hanover and shall be maintained in such a manner
that no individual, owner, operator or other person shall be subject
to unwarranted invasion of privacy, except to the extent that evidence
and information is deemed necessary in the judgment of the Code Enforcement
Officer for the proper and effective administration and enforcement
of the provisions of this part.
3.
Relief From Personal Liability. The Code Enforcement Officer, or
other officials or employees charged with the enforcement of this
part and those other codes and/or ordinances of the Township of New
Hanover who act in accordance with the mandates of the same, the directions
of the Board of Supervisors of New Hanover Township or the Township
Manager and who act in good faith and without malice in the discharge
of their duties shall not thereby be rendered liable personally and
shall be relieved of any personal liability for damages that may accrue
to the persons or property as a result of those acts or omissions
in the discharge of official duties performed in accordance and compliance
with this part.
4.
Annual Report. At least annually, the Code Enforcement Officer shall
submit to the Board of Supervisors a written statement of operations
in the form and content as shall be prescribed thereby.
[Ord. 92-4, 10/12/1992, § 3]
1.
Appointment of Code Enforcement Officer. There shall be appointed,
by the Board of Supervisors of the Township of New Hanover, a Code
Enforcement Officer, who shall be in charge of the Office of Code
Enforcement of the Township of New Hanover. The Code Enforcement Officer
shall supervise such other employees or assistants as shall be necessary
for the administration and execution of the responsibilities of said
office, as appointed and approved by the Board of Supervisors. Said
Code Enforcement Officer and other personnel shall consist of employees
directly hired and compensated by the Township of New Hanover.
2.
Approved Inspection Agencies. The Code Enforcement Officer shall
make all the required inspections or may accept reports or inspections
by authoritative and recognized inspection agencies or individuals,
which satisfy requirements as to qualifications and reliability. All
inspection reports shall be in writing and shall be certified by the
approved authority or responsible officer of the agency or the individual
when expert inspection services are accepted. The Code Enforcement
Officer may engage such expert opinion as may be deemed necessary
to report upon unusual technical issues that may arise subject to
the approval of the Board of Supervisors. When required by the provisions
of the Code or by the approved rules, materials or assemblies shall
be inspected at the point of manufacture or fabrication.
[Ord. 92-4, 10/12/1992, § 4; as amended by Ord.
04-5, 6/28/2004, § 1]
1.
Enforcement of Codes. The Code Enforcement Officer shall enforce
and administer all of the provisions of this part and of those other
applicable codes and ordinances which establish the Office of Code
Enforcement as their official administration and enforcement authority.
2.
Duties. The duties of the Code Enforcement Officer shall include
the receipt of applications and issuance of permits for the erection,
addition to, alteration, repair, removal, demolition, installation
of service equipment (plumbing, electrical, mechanical) and structures;
the issuance of all necessary notices and orders to abate illegal
or unsafe conditions to insure compliance with this part, and those
other applicable codes and/or ordinances for the safety, health and
general welfare of the public; the making of inspections to determine
compliance with the applicable codes and ordinances; the undertaking
of investigations, and other activities as may be required.
3.
Credentials. The Code Enforcement Officer or his authorized representative
shall disclose proper credentials of their respective office for the
purpose of inspecting any and all buildings and premises in the performance
of duties under the applicable code and/or ordinance where requested.
4.
Coordination of Enforcement. Whenever, in the opinion of the Code
Enforcement Officer, initiating an inspection under the applicable
codes and/or ordinances, it is deemed necessary or desirable to have
inspections by any other department, the Code Enforcement Officer
shall make reasonable effort to arrange for the coordination of such
inspections so as to minimize the number of visits by representatives
of the Township of New Hanover and to confer with the other departments
for the purpose of eliminating conflicting orders before any are issued.
The assistance and cooperation of all other officials, including police
and fire departments, shall be available to the Code Enforcement Officer
to assist in the performance of his duties.
5.
Right of Entry. Except in case of an emergency or a mutually convenient
time agreed to by the Code Enforcement Officer or his authorized representative
in discharging his duties to safeguard the safety, health and welfare
of the public and upon showing proper identification where requested,
the Code Enforcement Officer is hereby authorized to enter and inspect
between the hours of 7:00 a.m. and 7:00 p.m. any structure or premises
in the Township of New Hanover to enforce the provisions of this part
and of those other applicable codes and ordinances. Every occupant,
owner or operator of a structure or premises, or their agent or employee,
shall give access to any part of such structure or its premises at
reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Code.
6.
Access Entry Refused. If any owner, operator, occupant or other person
in charge of a structure refuses, impedes, inhibits, interferes with,
restricts or obstructs entry and free access to the structure or premises
under his control or to any part thereof, with respect to any authorized
inspection, the Code Enforcement Officer may, upon showing that probable
cause exists for the inspection, file a complaint and may petition
for and obtain an order directing compliance with the inspection requirements
of this part from a court of competent jurisdiction. Any person who
refuses to comply with such an order issued pursuant to this section
shall be subject to such penalties as may be authorized by law for
violation of a court order.
7.
Rule Making Authority. The Code Enforcement Officer shall have such
power as may be necessary in the interest of public safety, health
and general welfare to interpret the intent of the applicable codes
in specific cases where it clearly appears that by reason of special
conditions, undue hardship would result from a literal application
of any section of the applicable codes. Where such undue hardship
clearly appears, the Code Enforcement Officer may permit a variance
from the literal provision of the code, but such variance shall not
have the effect of waiving working stresses or fire protection requirements
specifically provided in the code or violating accepted engineering
practice involving public safety, but will comply with the spirit
and intent of the code. If additional nonconforming conditions are
encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Enforcement
Officer shall have the authority to require compliance with this part
and other codes and/or ordinances of the Township of New Hanover.
8.
Preliminary Inspections. Before issuing a permit, the Code Enforcement
Officer may examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a permit to
construct, enlarge, alter, repair, remove, demolish or change the
use thereof.
9.
Required Inspections. After issuing a permit, the Code Enforcement
Officer or designated inspection agency shall conduct such required
inspections from time to time during and upon completion of the work
from which a permit has been issued. A record of all such examinations
and inspections and of all violations of this code shall be maintained
by the Code Enforcement Officer. Upon completion of the building or
structure, and before the issuance of the certificate of use and occupancy,
a final inspection shall be made and all violations of the approved
plans and permits shall be abated. No new building or portion of an
existing building which is enlarged or altered shall be used or occupied,
in whole or in part, until such certificate of use and occupancy shall
have been issued by the Code Enforcement Officer. Required inspections
shall be as follow:
A.
Building.
(1)
Footing and Setback. To be made after trenches or basement areas
are excavated and forms erected and any required reinforcing steel
is in place and prior to placing concrete.
(2)
Foundation Walls. To be made after parging and damp proofing
is in place and prior to back-filling.
(3)
Framing. To be made after the roof, all framing, fire stopping
and bracing are in place and prior to interior covering.
(4)
Final. Prior to occupancy and certification.
10.
Accounting. The Code Enforcement Officer shall keep an accurate account
of all fees collected; and such collected fees shall be deposited
in the Township of New Hanover Treasury or otherwise disposed of as
required by law.
[Ord. 92-4, 10/12/1992, § 5; as amended by Ord.
97-7, 10/13/1997, § 5-105; and by Ord. 04-5, 6/28/2004,
§§ 2, 3]
1.
When Permit is Required.
A.
Construction Permit. For purposes of this section, a construction
permit shall include building, plumbing, electrical, mechanical and
fire protection. It shall be unlawful to construct, enlarge, alter
or demolish a structure; or change the occupancy of a building or
structure requiring greater strength, exit or sanitary provisions
or to change to another use; or to install or alter any equipment
for which provision is made or the installation of which is regulated
by this Code, without first filing an application with the Code Enforcement
Officer in writing and obtaining the required permit therefor.
B.
Demolition Permits. This type of permit shall be issued for the wrecking
of a building. The fee shall be fixed, from time to time, by the Board
of Supervisors pursuant to a resolution. No fee shall be charged when
removal of the building has been ordered by the Code Enforcement Officer.
C.
Sign Permit. This type of permit shall be issued for the erection
of advertising signs attached to a building or mounted on stands or
poles separate from the building. The fee shall be fixed, from time
to time, by the Board of Supervisors pursuant to a resolution.
D.
Zoning Permit. No structure shall be erected, constructed, reconstructed, altered, razed, removed and no building used or occupied, changed in use or changed in nonresidential use occupancy, until a zoning permit has been secured from the Zoning Officer as defined by the Zoning Ordinance [Chapter 27]. Upon completion of changes in use or construction, reconstruction, alteration or moving structures, the applicant shall notify the Zoning Officer of such completion. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this part.
2.
The term "established costs," as used in this section, means the
reasonable value of all services, labor, materials, equipment, scaffolding,
erection and other appliances or devices entering into and necessary
to the prosecution and completion of the work ready for occupancy,
including any and all excavation necessary for cellar or basement
or private sewerage disposal system. If, in the opinion of the Code
Enforcement Officer, the estimated cost of the work is insufficient,
the Code Enforcement Officer shall estimate a fair value and the applicant
shall be required to pay the permit fee on this amount.
3.
Where work, for which a permit is required by the code, is started
or proceeded with prior to obtaining said permit, the fee shall be
doubled, but payment of such double fee shall not relieve any person
from fully complying with the requirements of the code in the execution
of the work nor from any penalties prescribed by the code.
4.
Forms of Application. The application for a permit shall be submitted
in such form as the Code Enforcement Officer may prescribe and shall
be accompanied by the required fee pursuant to the fee schedule.
5.
By Whom Application is Made. The responsibility for applying for
and obtaining a required permit rests jointly with the owner or occupant
and the person or persons doing the work. The full name and address
of the owner, lessee, applicant and/or the responsible officers, if
the owner or lessee is a corporate body, shall be stated in the application.
6.
Description of Work. The application shall contain a general description
of the proposed work, its location, the use and occupancy of all parts
of the building or structure and of all portions of the site or lot
not covered by the building or structure; and such additional information
as may be required by the Code Enforcement Officer.
7.
Plans and Specifications. The application for the permit shall be
accompanied by one copy of specifications and of plans, drawn to scale,
with sufficient clarity and detailed dimensions to show the nature
and character of the work performed. When quality of materials is
essential for conformity to the codes, specific information shall
be given to establish such quality; and the code shall not be cited,
or the term "legal" or its equivalent be used as a substitute for
specific information. The Code Enforcement Officer may waive the requirement
for filing plans when the work involved is of a minor nature. If,
in the course of work, it is found necessary to make any changes from
the approved plans and specifications on which a permit has been issued,
amended plans and specifications shall be submitted and approved.
8.
Site Plan. There shall also be a site plan showing the size and location
of all the new construction and all existing structures and the distances
from lot lines; and it shall be drawn in accordance with an accurate
boundary line survey. In case of demolition, the plot plan shall show
all construction to be demolished and the location and size of all
existing structures. The plan shall show the location of water service
and sewer connections with respect to any building in which a plumbing
system is to be installed.
9.
Engineering Details. The Code Enforcement Officer may require adequate
details of structural, mechanical, plumbing and electrical work to
be filed, including computations, stress diagrams and other essential
technical data. All engineering plans and computations shall bear
the signature of the engineer or architect responsible for the design.
Plans for building more than two stories in height shall indicate
where penetrations will be made for electrical, mechanical, plumbing
and communications conduits, pipes and systems and the materials and
methods for maintaining the required structural integrity, fire resistance
rating and fire-stopping.
10.
Other Permits Required. At the time of filing an application for
a permit, the applicant shall present to the Code Enforcement Officer
evidence that he has obtained all necessary permits, licenses, approvals
and/or variances as may be required by the laws of the Township of
New Hanover, and the commonwealth. Individuals, agencies, boards and
commissions issuing aforesaid permits, licenses, approvals and/or
variances shall include, but not be limited to, the Zoning Officer
or Zoning Hearing Board, Planning Commission, Sewage Enforcement Officer,
Fire Chief, State Police Fire Marshal, Pennsylvania Department of
Labor and Industry, Pennsylvania Department of Environmental Protection,
Pennsylvania Department of Transportation and the Pennsylvania Department
of Community Affairs.
11.
Action on Application. The Code Enforcement Officer shall examine
said application to determine compliance with those other applicable
codes and ordinances of the Township of New Hanover and shall, within
15 days after filing residential or 30 days after filing other, either
approve or reject said application. If said application is rejected,
the Code Enforcement Officer shall inform the applicant, in writing,
stating the reasons for such rejection. If the Code Enforcement Officer
is satisfied that the proposed work conforms to the requirements of
the applicable codes, the Code Enforcement Officer shall issue a permit
therefor as soon as possible.
[Ord. 92-4, 10/12/1992, § 6; as amended by Ord.
04-5, 6/28/2004, § 4]
1.
Compliance With Codes. The permit shall be a license to proceed with
the work and shall not be construed as authority to violate, cancel
or set aside the application. All work shall conform to the approved
application and plans for which the permit has been issued and any
amendments thereto.
2.
Signature on Permit. The Code Enforcement Officer's signature shall
be attached to every permit; or the Code Enforcement Officer may authorize
a subordinate to affix such signature thereto.
3.
Payment of Fees. A permit to begin work shall not be issued until
the permit fees prescribed by resolution adopted by the Board of Supervisors
has been paid. Nor shall an amendment to a permit necessitating an
additional fee because of additional work involved be issued until
the additional fee shall have been paid.
4.
Previous Approvals. This part or the applicable codes shall not require
changes in the plans, the plumbing, electrical or mechanical system,
or the construction or designated use of a building for which a lawful
permit has been issued or otherwise lawfully authorized and the construction
of which has been actively prosecuted within 180 days after the effective
date of this part and is completed with dispatch.
5.
Approvals in Part. The Code Enforcement Officer may issue permits
for the construction of foundations or any other part of a building
or structure before the entire plans and specifications for the whole
building or structure have been submitted; provided, adequate information
and detailed statements have been filed complying with all the pertinent
requirements of the codes. The holder of such permits shall proceed
at the holder's own risk with the building operation and without assurance
that permits for the entire structure will be granted.
6.
Permit Expiration Dates. A permit becomes invalid unless the authorized
construction work begins within 180 days after the permit's issuance
or if the authorized construction work permit is suspended or abandoned
for 180 days after the work is commenced. A permit holder may submit
a written request for an extension of time to commence construction
for just cause. The building code official may grant extensions of
time to commence construction in writing. A permit may be valid for
no more than five days from its issue date.
A.
New Construction. Two years provided that an extension may be requested,
in writing, and such extension may be granted by the Code Enforcement
Officer for good reason; such extension not to exceed one year.
B.
Repairs, Remodeling, Alterations and Additions. Two years.
C.
Demolition. Three months only, and if such demolition work is not
completed within that time, any bond posted by the applicant shall
be forfeited.
D.
Abate Violations Cited. Same as deadline stated in violation notice.
7.
Revocation of Permits. The Code Enforcement Officer may revoke a
permit or approval issued under the provisions of the codes in case
of any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based.
8.
Posting of Permit. Building permit placard shall be kept on the site
of operations during the entire time of prosecution of the work and
until the completion of the same.
9.
Notice of Inspection. At least 24 hours' notice in advance for required
inspections indicated on the permit shall be given to the Code Enforcement
Officer or certified inspection agency.
[Ord. 92-4, 10/12/1992, § 7; as amended by Ord.
04-5, 6/28/2004, § 5]
1.
Notice to Responsible Owner, Operator, Occupant or Other Person in
Charge. Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this part or of the other applicable codes and
ordinances or whenever the Code Enforcement Officer orders a dangerous,
unsafe or unfit for human habitation structure to be closed-up and
secured, vacated, repaired and/or demolished, a notice shall be given
to the responsible owner, operator, occupant or person in charge of
the structure or premises in the manner prescribed below.
2.
Form. Notice to the responsible owner, operator, occupant or person
in charge shall include the following:
A.
Be in writing, signed by the Code Enforcement Officer or his authorized
representative.
B.
Include a description of the real estate sufficient for identification.
C.
Include a statement of the reasons why the notice is being issued,
the section of the code and/or ordinances which have been violated.
D.
Include a correction order allowing a reasonable time, not to exceed
120 days, for the initiation and correction of the violation alleged
or of the remedial actions required except where emergency conditions
exist which require immediate corrective action.
E.
Include a statement indicating that the notice will become an order,
if no request and approval for an extension of time is made to the
Code Enforcement Officer or if no petition for an appeal or hearing
is requested by the owner to seek modification before the Board of
Appeals within 30 days from receipt of said notice.
3.
Service. The notice shall be served personally on the responsible
owner, occupant, operator or other person in charge or served by certified
mail with a return receipt requested, or where such responsible person
in charge cannot be found, service may be made by posting a notice
on or about the structure or premises and taking a picture of said
notice or by publishing said notice in a newspaper of general circulation
for a period of three consecutive days or served by any other method
authorized under the laws of the Commonwealth of Pennsylvania.
[Ord. 92-4, 10/12/1992, § 8]
1.
Vacation of Structures. When in the opinion of the Code Enforcement
Officer an emergency exists on any premises or in any structure or
part thereof, or in any defective equipment (plumbing, electrical,
mechanical) which requires immediate action to protect the public's
health and safety or that of the occupants thereof, or if there is
actual and immediate danger of failure or collapse of a building or
structure or any part thereof or when any structure or part of a structure
has fallen and life is endangered by the occupation of the building
or structure, the Code Enforcement Officer may, with proper notice
and service, issue an order reciting the existence of such an emergency
and requiring the vacating of the premises or such action taken as
the Code Enforcement Officer deems necessary to meet such emergency.
Notwithstanding other provisions of this part, such order shall be
effective immediately and the premises or equipment involved shall
be placarded immediately upon service of the order. Any person to
whom such order is directed shall comply immediately therewith and
may thereafter, upon petition directed to the Board of Supervisors,
be afforded a hearing as prescribed in this part.
2.
Temporary Safeguards. When in the opinion of the Code Enforcement
Officer there is actual and immediate danger of collapse or failure
of a building or structure or any part thereof which would endanger
life, the Code Enforcement Officer shall cause the necessary work
to be done to render such building or structure or part thereof, temporarily
safe, whether or not the legal procedure herein described has been
instituted.
3.
Closing Streets. When necessary for the public safety, the Code Enforcement
Officer may temporarily close sidewalks, streets, buildings and structures
and places adjacent to such unsafe structures and prohibit the same
from being used. It shall be unlawful for any person to enter such
building or structure except for the purpose of making the required
repairs or demolishing the same.
[Ord. 92-4, 10/12/1992, § 9; as amended by Ord.
97-7, 10/13/1997, § 5-109]
1.
General. All buildings or structures that are or hereafter shall
become unsafe, unsanitary, unfit for human occupancy or use, or deficient
in adequate exit facilities or which constitute a fire hazard, or
are otherwise dangerous to human life or the public welfare or are
found unlawful involving illegal or improper use, occupancy and maintenance
shall be condemned pursuant to the provisions of this part and may
be placarded and vacated. It shall not be reoccupied without approval
of the Code Enforcement Officer. Unsafe equipment shall be placarded
and placed out of service. A vacant building or structure unguarded
or open at door or window shall be deemed a fire hazard and unsafe.
2.
Unsafe Structure. An unsafe structure is one in which all or part
thereof is found to be dangerous to life, health, property or the
safety of the public or its occupancy by not providing minimum safeguards
for protection from fire or because it is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that it is likely to be partially or completely collapsed. All unsafe
structures shall be declared a public nuisance and shall be taken
down and removed or made safe and secure as the Code Enforcement Officer
deems necessary.
3.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found
to be a hazard to life, health, property or safety of the public or
occupants of the premises or structure. Unsafe equipment may contribute
to the finding that the structure is unsafe or unfit for human occupancy
or use.
4.
Structure Unfit for Human Habitation. A structure is unfit for human
occupancy or use whenever the Code Enforcement Officer finds that
it is unsafe, unlawful or because of the degree in which it lacks
maintenance or is in disrepair, is unsanitary, vermin or rat infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by the codes or because its location constitutes a hazard to its occupants
or to the public.
5.
Unlawful Structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
6.
Restoration of Unsafe Structure. A building or structure condemned
by the Code Enforcement Officer may be restored to safe condition
provided 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 restoration or reconstruction is in excess of 50%
of its replacement value, exclusive of foundation, such structure
shall be made to comply with the New Hanover Township Building, Plumbing
and Fire Codes in all respects with the requirements for materials
and methods of construction of structures.
7.
Closing of Vacant Structures. If the structure or part thereof is
vacant and unfit for human habitation, occupancy or use and is not
in danger of structural collapse, the Code Enforcement Officer may
post a placard of condemnation on the premises and may order the structure
closed up so it will not be an attractive nuisance to children. The
windows and doors are to be boarded up with one-half-inch exterior
grade plywood, or similar material acceptable to the Code Enforcement
Officer, finished on one side with the finished side out.
[Ord. 92-4, 10/12/1992, § 10]
1.
Vacation of Structure. If the responsible owner, operator occupant
or person in charge of the structure or premises fails to comply with
an order to repair or alter a structure condemned as unfit for human
habitation, within the time given, the structure shall be vacated
within a reasonable time, as ordered by the Code Enforcement Officer.
2.
Placarding of Structure. Upon issuance of an order to vacate, the
Code Enforcement Officer may placard the structure or part thereof
or on defective equipment bearing the words "unsafe for human occupancy
or use," and a statement of the penalties provided for any occupancy
or use or for removing the placard.
3.
Removal of Placard. The Code Enforcement Officer shall remove the
condemnation placard whenever the defect or defects upon which the
condemnation and placarding actions were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Enforcement Officer shall be subject to the penalties
provided by this part.
4.
Prohibited Use. Any person who shall occupy a placarded premises
or structure or part thereof, or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises shall be subject to the penalties
provided by this part.
[Ord. 92-4, 10/12/1992, § 11]
1.
General. The Code Enforcement Officer shall make periodic inspections
of any structure vacated as unfit for human habitation or any other
vacant structure.
2.
Option by Owner. If a structure is so old, deteriorated or has become
so out of repair as to be unsanitary or unfit for human habitation,
but can be made safe by repairs, the Code Enforcement Officer may
issue a notice requiring the owner to make the necessary repairs to
bring the structure into compliance with the New Hanover Township
Codes and/or ordinances or to demolish and remove the structure at
the owner's option. Such notice shall require the person thus notified
to immediately disclose to the Code Enforcement Officer his acceptance
or rejection of the terms of the order.
3.
Unreasonable Repairs. Whenever an inspection of a structure reveals
that the structure is old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use and so that it would be unreasonable
to repair, in that the cost of such repairs would exceed 100% of the
current value of such structure, the structure shall be declared a
public nuisance. The Code Enforcement Officer shall issue a notice
to the responsible owner, ordering that the structure be removed or
demolished without option on the part of the owner to repair. All
the rubbish and refuse shall be removed from the premises and cellar/basement
shall be filled in with clean fill, compacted and graded to adjacent
ground level.
4.
Service Connection. Before a structure can be demolished or removed,
the owner or agent shall notify all utilities having service connections
within the structure, such as water, electric, gas, sewer and other
connections. A permit to demolish or remove a structure shall not
be issued until a release is obtained from the utilities, stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
5.
Notice to Adjoining Owners. Only when written notice has been given
by the applicant to the owner of adjoining lots and to the owners
of wires or other facilities, of which the temporary removal may be
necessitated by the proposed work, shall a permit be granted for removal
of a building or structure.
6.
Determination by Code Enforcement Officer. In the event that the
owner or agent is unable to obtain the releases, the Code Enforcement
Officer shall inspect the premises for which application has been
made, to determine that the utility service connections and appurtenant
equipment have been removed or sealed or plugged in a safe manner.
[Ord. 92-4, 10/12/1992, § 12]
1.
Notice to the Owner. Whenever the Code Enforcement Officer determines
that work on any building or structure is being prosecuted contrary
to the provisions of the applicable codes and/or ordinances in an
unsafe and dangerous manner, the responsible owner of the property
involved or the owner's agent or the person doing the work shall be
notified that such work be immediately stopped.
2.
Unlawful Continuance. Any person who shall continue any work in or
about the structure after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to the penalties provided
by this part.
[Ord. 92-4, 10/12/1992, § 13; as amended by Ord.
97-7, 10/13/1997, § 5-113; and by Ord. 17-03, 3/27/2017]
1.
Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, repair, remove, demolish, use or occupy
any building or structure or plumbing, electrical, mechanical equipment
and fire suppression system regulated by this part and/or the applicable
codes and ordinances, or cause same to be done, in conflict with or
in violation of any of the provisions of this part and/or the applicable
codes and ordinances.
2.
Occupancy Without Use and Occupancy Certificate. Any new building
or portion thereof hereafter erected for which a building permit was
issued shall not be used or occupied in whole or part until a certificate
of use and occupancy shall have been issued by the Code Enforcement
Officer. Notice of this requirement shall be given to each recipient
of a building permit and failure to secure a use and occupancy certificate
before use or occupancy of a building is subject to immediate fine
and costs as prescribed in this part. No further notification as required
under this part shall be required. The building owner, by signing
the building permit, agrees not to violate any provision of the New
Hanover Township codes and/or ordinances and is so notified. The use
and occupancy certificate is a "license" to occupy and use the building.
3.
Failure to Comply. Whenever an order to vacate, secure, repair and/or
demolish a structure which is a public nuisance because it is unsafe,
dangerous or unfit for human habitation has not been complied with,
the Code Enforcement Officer may, in accordance with the laws of the
Commonwealth of Pennsylvania, proceed to cause the structure to be
vacated, closed-up and secured, repaired and/or demolished or take
such other action as is necessary to abate the nuisance. Abatement
under this subsection shall not commence until at least 10 days after
the service of the order, except that the Code Enforcement Officer
may determine that more immediate action is required because of the
special emergency or dangerous conditions which exist.
4.
Recovery of Expenses. The expenses incurred pursuant to Subsection 3 of this section, and other applicable sections of this Code and other codes and ordinances, shall be paid by the responsible owner, operator or occupant or by the person who caused or maintained such public nuisance. The Code Enforcement Officer shall file in his records an affidavit, stating with fairness and accuracy, the items and dates of the expenses incurred. The Board of Supervisors may institute a suit to recover such expenses to be charged against the property as a lien or against the person or legal entity violating the code as a judgment.
5.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order upon
whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of to another until the provisions of the
compliance order or notice of violation have been complied with, or
until such owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance code or notice of violation
issued by the Code Enforcement Officer and shall furnish to the Code
Enforcement Officer a signed and notarized statement to the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility
without condition for making the correction or repairs required by
such compliance order or notice of violation.
6.
Penalties. Any person, firm or corporation who shall violate any
provision of this part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $25 nor
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this part continues or each section of this part
which shall be found to have been violated shall constitute a separate
offense. Notwithstanding the same, the Township may seek enforcement
by means of request for injunctive relief or other equitable remedies
as may be provided by law in a court of competent jurisdiction.
7.
Prosecution. The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Township of New Hanover
from initiating, and he is hereby ordered to initiate, appropriate
actions or proceedings at law or equity for the purpose of ordering
that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work.
B.
To restrain or correct the erection, installation or alteration of
such structures.
C.
To require the removal of work in violation.
D.
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this Code, or in violation of
a plan or specification under which an approval, permit or certificate
was issued.
