[Ord. 6-2000, 4/26/2000, § I]
1.
BUILDING
DANGEROUS BUILDING
DWELLING
DWELLING UNIT
ENFORCEMENT OFFICER
INFESTATION
OWNER
PERSON
PROPERTY
STRUCTURE
TOWNSHIP
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
An independent structure having a roof supported by columns
or walls, resting on its own foundation, and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
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(1)
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Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
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(2)
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Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members, or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or covering.
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(3)
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Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
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(4)
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Those which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety or the general health and welfare
of the occupants or the public.
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(5)
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Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin infested 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 sickness or disease, so as to work injury to
the health, safety or general welfare of those living therein.
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(6)
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Those which have parts thereof which are so attached that they
may fall and injure property or members of the public.
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(7)
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Those which lack illumination, ventilation or sanitation facilities
or because of another condition are unsafe, unsanitary or dangerous
to the health, safety or general welfare of the occupants or the public.
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(8)
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Those which because of their location are unsanitary, or otherwise
dangerous, to the health or safety of the occupants or the public.
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(9)
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Those existing in violation of any provision of the building
code, fire prevention code or other ordinances of Canton Township.
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Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
The Township Manager, code enforcement officer, zoning officer
or other agent that may be later designated by resolution of the Township
Board of Supervisors.
Presence, within or around a dwelling, of any insects, rodent
or other pests.
Person who, alone or jointly or severally with others:
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(1)
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Shall have legal title to any dwelling, or dwelling unit, with
or without accompanying actual possession thereof.
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(2)
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Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, executrix, administrator,
administratrix or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this Part and with rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
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Any individual, firm, corporation, association or partnership
or other legal entity.
A piece, parcel, lot or tract of land.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
Canton Township, Washington County, Pennsylvania.
2.
Whenever the words "dwelling," "dwelling unit" or "premises" are
used in this Part, they shall be construed as though they were followed
by the words "or any part thereof."
[Ord. 6-2000, 4/26/2000, § II]
All dangerous buildings within the terms of § 4-201 of this Part are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
[Ord. 6-2000, 4/26/2000, § III]
1.
The following standards shall be followed in substance by the enforcement
officer of Canton Township in ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this Part, it shall be
ordered to be repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, safety or general welfare of its occupants, or the
public and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C.
No dwelling or dwelling unit which has been placarded as unfit for
human habitation shall again be used for human habitation until written
approval is secured from, and such placard is removed by, the enforcement
officer. The enforcement officer shall remove such placard whenever
the defect or defects upon which the placarding action were based
have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed or deteriorated
from its original condition, if a dangerous building cannot be repaired
so that it will no longer exist in violation of the terms of this
Part or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this Part or any ordinance of the Township
or statute of the Commonwealth of Pennsylvania, it shall be ordered
to be demolished; provided, the cost of repairs to rectify or remove
the conditions constituting the nuisance exceed 50% of the market
value of the building at the time demolition is proposed.
[Ord. 6-2000, 4/26/2000, § IV]
1.
The enforcement officer shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 4-201 above.
2.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the enforcement officer shall issue
a written notice to the person or persons responsible therefor. The
notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons it is being issued.
C.
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure.
D.
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(1)
Except in emergency cases and except where the owner, occupant,
lessee or mortgage is absent from the Township, all notices shall
be deemed to be properly served upon the owner, occupant or other
person having an interest in the dangerous building, if a copy thereof
is served upon him personally, or if a copy thereof is posted in a
conspicuous place in or about the structure affected by the notice;
or if he is served with such notice by any other method authorized
or required under the laws of the Commonwealth.
(2)
Except emergency cases, in all other cases where the owner,
occupant, lessee or mortgagee is absent from the Township, all notices
or orders provided for herein shall be sent by registered mail to
the owner, occupant and all other persons having an interest in said
building, as shown by the record of the County Recorder of Deeds,
to the last known address of each, and a copy of such notice shall
be posted in a conspicuous place on the dangerous building to which
it relates. Such mailing and posting shall be deemed adequate service.
E.
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant thereto.
3.
The enforcement officer shall appear at all hearings conducted by
the Board of Supervisors and testify as to the condition of dangerous
buildings.
[Ord. 6-2000, 4/26/2000, § V]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request and
shall be granted a hearing on the matter before the Board of Supervisors;
provided, that such person shall file with the Township Secretary
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefore within 10 days after the day the
notice was served. Upon receipt of such petition, the Township Secretary
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given
an opportunity to be heard and to show why the enforcement notice
should be modified or withdrawn. The hearing shall commence not later
than 30 days after the day on which the petition was filed.
2.
After such hearing the Board of Supervisors shall sustain, modify
or withdraw the enforcement notice. If the Board of Supervisors sustains
or modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this Part shall inform the owner that it automatically
becomes an order if a written petition for a hearing is not filed
with the Township Secretary within 10 days after such notice is served.
3.
The Township may hire an independent solicitor to advise the Supervisors
regarding evidentiary and procedural issues at the hearing. All hearings
shall be stenographically recorded with the cost of the stenographer
to be paid by the Township. And the Board of Supervisors shall make
written findings of fact and conclusions of law within 10 days after
the close of the proceedings.
4.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code.
[Ord. 6-2000, 4/26/2000, § VI]
[Ord. 6-2000, 4/26/2000, § VII]
Whenever the enforcement officer finds that an emergency exists
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as is necessary
to meet the emergency. Notwithstanding the other provisions of this
Part, such order shall be effective immediately. Any person to whom
such order is directed shall comply therewith immediately, but upon
petition to the enforcement officer shall be afforded a hearing as
soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this Part have been complied with,
the enforcement officer shall continue such order in effect, or modify,
or revoke it. The costs of such emergency repair, vacation or demolition
of such dangerous building shall be collected in the same manner as
provided herein for other cases.
[Ord. 6-2000, 4/26/2000, § VIII]
If the owner, occupant, mortgagee or lessee fails to comply with the order of the enforcement officer within the time specified in the notice issued by him and no petition for a hearing is filed within 10 days thereafter, or following a hearing by the Board of Supervisors where the order is sustained thereby, the enforcement officer shall cause such building or structure to be repaired, vacated or demolished, as determined by the Board of Supervisors in accordance with the standards hereinbefore provided. Except that the Township may not repair, vacate or demolish all or part of the building or structure unless it first holds a hearing upon procedures set forth herein in § 4-205 (regardless of whether the person affected by any order chooses to appear), to hear the evidence regarding whether a building or structure is dangerous and whether the nuisance can be abated by repairing, vacating or demolishing the structure or building. The Township may collect the cost of such repair, vacation or demolition together with a penalty of 10% of such cost, in the manner provided by law. Or the Township may seek injunctive relief in a court of competent jurisdiction pursuant to the rules of civil procedure.
[Ord. 6-2000, 4/26/2000, § IX; as amended by Ord.
2-2002, 5/15/2002, § 1; amended at time of adoption of Code]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Justice 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 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
beyond the date fixed for compliance, or each section of this Part
which shall be found to have been violated, shall constitute a separate
offense.
