[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Hanover 3-13-1972 by Ord. No. 72-1. Amendments
noted where applicable.]
For the purpose of this chapter, the following
terms, phrases, words and their derivatives shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular, and words used in the singular include the plural. The
word "shall" is always mandatory and not merely directory.
A building or structure that is or hereafter shall become
unsafe or unsanitary or which constitutes a fire hazard or is otherwise
dangerous to human life or the public welfare or which, by reason
of illegal or improper use, occupancy or maintenance, shall be deemed
to be a dangerous structure. A vacant building, unguarded or open
at door or window, shall be deemed a fire hazard and, therefore, a
dangerous structure within the meaning of this chapter.
Any private lot or area within the Township limits.
The Township of Upper Hanover, Montgomery County, Pennsylvania.
A dangerous structure on private property is
hereby declared to be a public nuisance, and all dangerous structures
on private property are hereby prohibited within the Township. All
dangerous structures shall be taken down and removed or made safe
and secure as the Township may deem necessary and as provided in this
chapter.
A.Â
If a dangerous structure is found within the Township,
any Township employee or appointee designated by the Supervisors of
the Township shall serve on the owner, agent or person in control
of said building or structure a written notice describing the building
or structure deemed a dangerous structure and specifying the required
repairs or improvements to be made to render the building or structure
safe and secure or requiring the dangerous structure or portion thereof
to be demolished within a stipulated time. Said notice shall require
the person thus notified to immediately declare to said Township designee
his acceptance or rejection of the terms of the order.
B.Â
If the person addressed with said 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 said notice shall be posted in a conspicuous
place on the premises, and such procedure shall be deemed the equivalent
of personal notice.
Upon refusal or neglect of the person served
with such notice to comply with the requirements of the order to abate
the unsafe condition, the Township designee is hereby authorized and
empowered to charge said person with a summary offense as hereinafter
provided.
Any person violating the provisions of this
chapter shall be required to pay a fine not to exceed the sum of $1,000,
which fine may be collected by suit or summary proceedings brought
in the name of the Township before any Magisterial District Judge.
Upon judgment against any person by summary conviction or by proceedings
by summons on default of the payment of the fine imposed and costs,
the defendant may be sentenced and committed to the County Prison
for a period not exceeding 90 days. In addition to the remedy set
forth herein, the Township may proceed in any court of competent jurisdiction
to require compliance with the order by the person so served.
Any person violating the terms of this chapter
shall, in addition to paying the fine and costs imposed hereby, pay
all costs incurred by the Township in abating the unsafe condition
or in demolishing the dangerous structure or any part thereof; said
costs may be collected in the manner provided for the collection of
municipal claims or by an action of assumpsit without the filing of
a claim.
A.Â
When in the opinion of the Township there is actual
and immediate danger of falling or collapse of a dangerous structure
or any part thereof which would endanger life or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the structure, the Township designee is hereby authorized and empowered
to order and require the occupants to vacate the same forthwith. He
shall cause to be posted at each entrance to such structure a notice
reading as follows:
|
"This building is unsafe and its use or occupancy
has been prohibited by Upper Hanover Township"
|
B.Â
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. When in the opinion of the Township
there is actual and immediate danger of collapse or failure of a building
or structure or any part thereof which would endanger life, the Township
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.
